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City of Auburn
Comprehensive Water Plan
APPENDICES PART I
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City of Auburn
Comprehensive Water Plan
APPENDIX A
STATE ENVIRONMENTAL POLICY ACT (SEPA) CHECKLIST
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
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City of Auburn
Comprehensive Water Plan
APPENDIX B
AGENCY COMMENT LETTERS AND RESPONSES
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City of Auburn
Comprehensive Water Plan
APPENDIX C
ORDINANCES AND APPROVALS
LOCAL GOVERNMENT CONSISTENCY REVIEW
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City of Auburn
Comprehensive Water Plan
APPENDIX D
SERVICE AREA AGREEMENTS
INTERLOCAL AGREEMENTS
WHOLESALE WATER AGREEMENTS
Appendix D Summary
Agency Type of Document Date of Approval
City of Tacoma Franchise Agreement Sep-69
Water District #111 Service Boundary Agreement Dec-78
Water District #124 Service Boundary Agreement Oct-89
Water District #87 Acquisition Agreement Jul-82
Braunwood Estates Satellite Water System Management Agreement Aug-90
City of Bonney Lake Interlocal Agreement Aug-94
Covington Water District, Water
District #111 Interlocal AgreementSep-96
King County Franchise Agreement Nov-96
City of Bonney Lake Settlement Agreement Mar-98
City of Bonney Lake Service Area Agreement Dec-98
City of Bonney Lake Emergency Fire Flow Protection Agreement Dec-98
Pierce County Franchise Agreement Oct-98
Lakeland Company, Inc.
Amendment to Lakeland Annexation & Utilities
Service Agreement May-98
WA Dept. of Health Amendment to Bilateral Compliance Agreement Mar-00
South King Co. Regional Water
Association Joint Operating Agreement Sep-01
City of Kent Emergency Water System Intertie Agreement Aug-01
City of Algona Revised Water System Intertie Agreement Oct-02
City of Bonney Lake Emergency Water System Intertie Agreement Mar-02
City of Bonney Lake Franchise Agreement May-02
Covington Water District, Water
District #111 Emergency Water System Intertie Agreement Apr-02
Covington Water District, Water
District #111 Interim Water Sales Agreement Jun-02
Lakehaven Utility District Emergency Water System Intertie Agreement Apr-02
City of Pacific Annexation/Deannexation Agreement Oct-03
City of Tacoma Water Division Turnout Construction Agreement Sep-03
Water District #111 Emergency Water System Intertie Agreement Jun-03
Voice Stream PCS III Corporation Lease Agreement Dec-03
Lakehaven Utility District Franchise Agreement Feb-04
Lakehaven Utility District Water Service Boundary Agreement Feb-04
City of Bonney Lake Interlocal Agreement Feb-05
Cascade Water Alliance, Tacoma
Water Division Wholesale Water Agreement Oct-05
Cingular Wireless PCS, LLC.Lease Agreement Sep-05
Covington Water District, Water
District #111 Interim Water Sales Agreement Feb-05
Clearwire LLC.Lease Agreement May-06
WA Dept. of Ecology Cost Reimbursements Agreement Jun-06
City of Kent, Water District #111 Water Service Boundary Agreement Sep-06
Agency Type of Document Date of Approval
Lakehaven Utility District
Termination of Emergency Water Supply Intertie
Agreement Apr-06
City of Bonney Lake Emergency Water System Intertie Agreement May-10
Bonneville Power Administration
(BPA)Easement Usage Agreement Jun-10
City of Bonney Lake, Buckley,
Sumner and Cascade Water
AllianceLake Tapps Area Water Resources Agreement Jan-10
Lakehaven Utility District Emergency Water System Intertie Agreement Oct-10
City of Tacoma Emergency Water System Intertie Agreement Oct-10
Water District #111 Interim Water Sales Agreement Dec-10
Covington Water District, Water
District #111
Pipeline Purchase, Transfer and Acquisition
Agreement Jun-11
Bonneville Power Administration
(BPA)Easement Usage Agreement Feb-12
Tacoma Public Utilites Wholesale Water Agreement Jul-12
Cascade Water Alliance
Agreement for Purchase & Sale of Permanent and
Reserve Wholesale Water Credits Sep-13
WA Dept. of Health Amendment to Bilateral Compliance Agreement Jul-02
Pierce County Service Area Boundary Agreement Sep-97
City of Bonney Lake
Bonney Lake Water System Leak Detection Project
Area Map Feb-14
City of Bonney Lake Auburn-Bonney Lake Water Service Boundary Map Dec-14
Copies of the agreements are available on request.
ORDINANCE NO 2383
AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON GRANTING TO THE CITY OF TACOMA AND ITS
ASSIGNS THE RIGHT PRIVILEGE AND AUTHORITY TO CONSTRUCT AND MAINTAIN A TRANSMISSION
MAIN IN CERTAIN STREETS IN THE CITY OF AUBURN FOR THE TRANSMISSION OF FRESHWATER
FOR MUNICIPAL PURPOSES
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN AS FOLLOWS
Section 1 GRANT AND TERMS That there be and is hereby granted to the City of
Tacoma a municipal corporation and its assigns the right privilege authority and
franchise for a period of fifty 50 years from and after passage of this Ordinance to
ay down build construct ad maintain and operate thrgh d acroscertai srees
of the City of Auburn underground pipes and conduits for thepurpose of transmitting
fresh water for municipal purposes
Section 2 TRANSMISSION MAIN For the purpose aforesaid the grantee and its
assigns are hereby granted the right liberty and privilege of laying down relaying
connecting disconnecting and repairing such transmission main through and underthe
avenues streets lanes alleys andpublic highways and public parks and grounds of the
City of Auburn as may be necessary proper and convenient for transmitting the fresh
water supply of the grantee through the city limits of the grantor
Section 3 PLANS AND SPECIFICATIONS Before said grantee and assigns shall begin
the construction of the transmission main underneath the said streets or places in the
City of Auburn it shall file with the City Engineer of the grantor detailed plans
specifications and profiles of the pipeline and shall show the place in said streets or
places proposed to be used for andor crossed by said pipeline the size of the pipeline
and its depth from the surface of the ground The said plans specifications and profiles
shall be approved by the City Engineer of the grantee and a permit granted for the same
before any excavation or the construction of said pipes shall be commenced which approl
shall not be unreasonably withheld The grantee upon receiving such construction permit
shall hasten the work of construction with all convenient speed and shall repair the
pavement or surface in as good condition as it waS before being disturbed by said grantee
and repair it with the same kind of material as now laid on said streets or surface and
subject to the approval of the City Engineer of the grantor shall place an inspector
upon the said street during the reconstruction of the pavement thereon and the salary
of such inspector shall be paid by the grantee and said street shall not be torn up in
any event for a longer period than ninety 90 days after the said grantee shall begin
the work of construction If the grantee shall fail to build said street or surface in
Page One
as good condition as it was before or shall fail to rebuild ita all the grantor may
proceed to repair said street or surface and charge the expense thereof to the grantee
All excavations shall be carefully guarded oas to prevent accidents by reason thereof
and the grantee shall save the grantor free and harmless of and from all costs damages
and expenses of any kind whatsoever occasioned by such workor by the maintenance of
such conduits and pipes through and across the street or place and should any final
judgment be recovered against said city on account of any damages said grantee shall
forthwith pay the same including grantors reasonable attorney fees and costs after
having been notified in writing to do so by the grantor and the failure of said grantee
to make such payment within a period of sixty 60 days after such notice has been given
shall operate asa forfeiture of the rights and privileges herein granted provided
however that the grantor shall in any suit brought against it on account of such damages
and within twenty 20 days after service of process upon it give written notice to the
grantee of the pendency of said suit and thereon grantee shall haVe the option of
defending said litigation on behalf of the City at its own cost
Section 4 NOT TO INTERFERE WITH OTHER PIPESSaid pipes shall be laid down in
such manner as not to interfere with the sewer or water pipes or any other pipes in said
streets and places and all pipes and conduits to be laid down by the grantee shall be
of first quality material
Section 5 FRANCHISE NOT EXCLUSIVE Nothing in this Ordinance shall be construed
as granting to the said grantee and assigns an exclusive right or prevent the granting
to other companies or individuals a franchise for like purposes
Section 6 SERVICE AVAILABILITY In the event that the City has need for additional
domestic water and the grantee determines that it can provide such water from the
transmission line and at the rates it charges other consumers similarly located the
grantee shall so make available points of distribution in order to provide the
additional supply so determined
Section 7 ACCEPTANCE In order to claim the rights and privileges granted by
this franchise the grantee or assigns shall within thry 30 days after the approval
ofthis Ordinance file with the City Clerk of the grantor its acceptance in writing of
the franchise granted by this Ordinance
Page Two
Section 8
from and after its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
EFFECTIVE DATE That thiS Ordinance shall take effect five 5 days
SEPTEMBER21969
SEPTEMBER15 1969
SEPTEMBER15 1969
ATTEST
City Clerk
APPROVEDcASTOFORM S
Cly orney
MAYOR
Page Three
RESOLUTION NO 1 0 2 1
O GI 09 199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING
THE YOR OFTHE CITY OF AUBURN TO ENTER INTO A SERVICE AREA
BOUNDARY AGREEMENT BETWEEN THE CITY OF AUBURN AND WATER DISTRICT
NO 124
THE CITY COUNCIL OFTHE CITY OF AUBURN WASHINGTON AT A REGULAR MEETING
DULY ASSEMBLED HEREWITH RESOLVES THAT
THE Mayor of the City of Auburn is herewith authorized to enter into a
Service Area Boundary Agreement between the City of Auburn and Water District
No 124 A copy of saidagreement is attached hereto denominated as Exhibit
A and made a part hereof as though set forth in full herein
DATED and SIGNED this 15th day of October 1979
CITY OF AUBURN
ATTEST
Resolution No 1021
101279
890824
ECFEE
SERVICE AREA BOUNDARY AGREEMENT
THIS AGREEMENT made and entered into this day of
19 by and between City of Auburn a municipal
corporation located in King County Washington hereinafter
referred to as City and WATER DISTRICT NO 124 a municipal
corporation located in King County Washington hereinafter
referred tas District 124
W I TNE S SETH
1 That the purpose of this Agreement is
A To define current service area boundaries and
B To establish a method for altering those boundaries
in order to provide for
1 Maximum efficient use of existing and future
facilities
2 Maximum flexibility between the service areas
in order to allow the continued and future
existence of interties between the parties
herein
3 Maximum public water system coordination
4 Orderly and efficient public water system
planning
2 That the current service area boundary between the City
and the District 124 is as is set forth on Exhibit A attached
hereto and incorporated herein by reference
3 That in the event either the City or District 124
desire to change the existing boundary such a change shall be by
mutual agreement
4 That provisions for looped systems and interties are to
be encouraged so as to provide
A
facilities
B
possible cost
C
in the event of an emergency
For the most efficient use of current and future
For maximum service toconsumersat the lowest
For mutual aid between the City and District 124
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D For maximum public water system coordination
5 That both the City and District 124 recognize that
they are Purveyors as defined in RCW 701160304 and
hereby acknowledge their duties under RCW 70116 and the
regulations promulgated thereunder and adhere to the purposes
described therein
DATED this L wdayofd
CITY OF AUBURN
Kfounty ashington WATER DISTRICT NO 124
King County Washington
Pesiden ahd Commissioner
Comiss ioneC
retary and CommisSioner
LEGAL DESCRIPT ION OF
SERVICE AREA BOUNDARY LINE BETWEEN
CITY OF AUBPNND wTNc COT ATER DcRICT 124
COIENCING AT THE NORTHEAST CORNER OF LOT 5 BLOCK 39 JOVITA HEIGHTS LOCATED IN
THE SOUTHWEST QUARTER SECTION 23 T 21 N R 4 E WM
THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF LOT 8 LOCATEO 400 EAST OF
THE NORTHWEST CORNER OF LOT 8 BLOCK 25 OF SAID JOVITA HEIGHTS WHEREIN SAID LINE
CROSSES THE EXISTING AUBURN CITY LIMITS LOCATED ON IOWfa DRIVE
THENCE NORTHERLY ALONG A LINE 400 EAST OF AND PARALLEL TO TL EST LINE OF LOT
THROUGH LOT I OF BIXCK 25 JOVITA HEIGHTS TOA POINT ON THE NORTH LINE OF SAID
LOT 1
THENCE EASTERLY 50ALONG THE NORTH INE OF SAID LOT 1 TOTHE SOUTHERLY EXTENSION
OF TKE EASTERLY RIGHT OF WAY LINE OF 158TH AVENGE SOUTH PENNSYLVANIA AVENUE
THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LIE OF SECTION 14 T
21 N R 4 E WM
THENCE EAST ALONG THE SOUTH LINE OF SECTION 14 TO THE SOUTH 14 CORRER OF SAID
SECTION 14
THENCE NOR AONG THE CENTERLiNE OF SAID SECTION 14 TO THE INTERSECTION OF SAID
CENTERLINE WITH THE CENTERLINE OF MOUNTAIN VIE DRIVE 331ST STREET O OLD CEMETARY
ILL ROAD
THENCE MEANDERING EASTERLY AND NORTHERLY ALONG THE CENTERLINE OF MOUNTAIN VIEW DRIVE
TO THE INTERSECTION OF SAID STREET CENTERLINEWIT THE EW CENTERLINE OF SECTION 14
THENCE NORTHERLY ALONG THE SOUTHERL EXTENSION OF HICREST DRIVE TO THE SOUT LINE O
HICREST ADDITION NO 2 LOCATED IN SECTION14 T21N R 4 E WM
THENCE WESTERL ALONG SAID SOUTH LINE TO THE SOUTmESTERLY CORNER OF SAID ADDITION
SW CORNER OF LOT 9
THENCE NORTHEASTERLY ALONG THE WESTERLY LIN OF SAID HICREST ADDITION 2 TO THE
NORTBqFESTERLY CORNE OF SAID PLAT WHICH IS ALSO THE SOUTHWEST CORNER OF KNICKeR
BocKER EIGHTS ADDITION
THENCE NORTHALONG THE EST BoUNDARY SAiD IGHTS ADDfI mSO
11 T 21 No RD 4 E WMo
THENCE NORTHEPLY ALONG THE IESTLINE OFTE E 12 E 12 ECTIONS 11 AND 2 T 21 N
R 4E WM TO A POINT 329 NORTHOF THE SOUTH LINE OF SID SECTION 2
THENCE NORTEASTERLY A DISTANCE OF 2150 MORE OR LESS TO A OINT ON THE EAST LINE
OF SAID SEC TION 2 HICH POINT IS LOCATED 655 SOUTH OF THE EAST 14 CORAER OF SECTI
2 T2 21 N R 4 ED WM
THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 2 TOA POINT 836 NORTH OF T FST
14 CONER OF SAID SECTION 2
THENCE WEST TOTHE CEST LINE OF TE E 12 E 12 SECTION 2 T21N R4E WM
THENCE NORTHALONG SAID EST LINE TO A POINT 351 S6UTH OF TE NORTH LINE OF SAID
SECTION 2
THENCE WESTkRLY AD PARLLEL TO AND 351 SOUTH OF T NORTH LINE OF SECTION 2 TO A
POINT ON T NS CENTERLINE OF SAID SECTION
THENCE SOUTERLY 60 ALONG SAID NS CENTERLINE
THENCE WESTRLY AND NORTHERLY ALONG THE APRIL 1979 BOUNDARY TO THE WEST 14CORNEROFSECTION35T22NREWMWHICHISTHETERMINALPOINTOF THIS
BOUNDARY DESCRIPTION
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RESOLUTION NO 13 4 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON
AUTHORIZING THEMAYOR OF THE CITY OF AUBURN TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURNAND KING COUNTYWATER DISTRICT NO 87
CONCERNING THE TRANSFER OF KING COUNTYWATER DISTRICT NO 87S WATER
SYSTEM TOTHE CITY OF AUBURN
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING
DULY ASSEMBLED HEREWITH RESOLVES THAT
THE Mayor of the City of Auburn Washington is herewith authorized and
directed to execute an Agreement between the City of Auburn and King County
Water District No 87 concerning the transfer of King County Water District
No 87s water system A copy of said Agreement is attached hereto denomi
nated as Exhibit A and made a part hereof as though set forth in full
herein
THE Mayor is hereby authorized to implement such administrative procedures
as may be necessary to carry out the directions of this legislation
DATED and SIGNED this 6th day of July 1982
BURN
ATTEST
erk
Resolution No 1341
7682
AGREEMENT CONCERNING TRANSFER OF KING COUNTY
WATER DISTRICT NO 87S WATER SYSTEM TOTHE
CITIES OF AUBURNAND KENT
April 1 1982
IT IS AGREED by and between WATER DISTRICT 87 King County a Washington
Municipal Corporation WP 87 and the Cities of AUBURN Auburn and KENT
Kent Washington collectively the cities as follows
1 Authority
This agreemen is entered into pursuant to RCW 35A13070 which
authorizes one or more cities and water districts to contract regarding
ownership of property providing or water service and operation of
facilities
2 Transfer of Water System
The ownership of WD 87s entire water system shall as of the above
date be transferred and conveyed to Auburn and Kent in the manner
provided below
The term water system shall include butnot be limited to all WD 7
water mains and appurtenances hydrants easements licenses franchises
permits and facilities rights and assets of any kind or nature whatsoever
Said transfer is subject to the cities performance of all of the terms
and conditions of this agreement
The cities hereby accept their respective portions of the water system on
the terms of this agreement
3 Division of Sistem
The entire WD 87 water system lying southerly of the following described
line will become the property of the Auburn and the remaining portion of
the water system lying northerly of the following described line shall
become the property of Kent
Starting at a point of intersection on the westerly
boundary line of WD 87 which is the easterly margin of
the Chicago Milwaukee and St Paul Railroad rightofway
with the southerlY rightofway line of S 277th street
and projecting easterly therefrom along said southerly
rightofway line to an intersection point wi th the
easterly margin of the Burlington Northern Railroad
rightofway thence northerly therefrom along said
easterly line to an intersection point with the northerly
rightofway line of S 277th street thence projecting
easterly therefrom along said northerly rightofway line
to the easterly boundary line of WD 87 which is the
westerly line of SS Highway 5 aka East Valley Highway
WD 87s customer records will be divided between the cities accordig to
the above division of the water system and any temporary services
The limited hand tools and miscellaneous personal property owned by WD 87
will be transferred to Auburn
Connection to Auburn Sistem
The cost of interconnecting the WD 87 water system to Auburns water
system shall be paid for from monies presently in the WD 87 maintenance
fund
The City of Kent is presently connected to the WD 87 water system and no
further connections are presently needed
5 Costs and ExpensesWD 87 Money
The following shall be paid from WD 87 money in the following order of
priority
WD 87 routine debts and expenses
WD 87s attorneys fees for drafting ofthis
agreement and related work
Any attorneys fees andor ccsts
boundary review board or other
approvals per paragraph IO hereof
in obtaining
governmental
Cost of interconecting the WD 87 system to
Auburns water system per paragraph 4 hereof
To the extent that any WD 87 money remains after payment of the above the
same shall be divided evenly between the cities proportionate to the
nuner of WD 87 customers to be served permanently by the cities
To the extent that the WD 87 funds are inadequate to pay all of the above
then the City of Auburn shall bear any remaining cost of interconnecting
the water systems If there is insufficient WD 87 money to pay all of the
other abovelisted items in full other than D debts then any amount
remaining due shall be borne by the cities according to the same permanent
customer ratio as above
6 Service Interruptions
The cities each agree that transfer of the water system will not result in
any interruption of water service to any WD 87 customer other than that
normally experienced in the daytoday operation of the respective water
systems
7 Water Rates
The cities each agree that former WD 87 customers shall followingtransferaidinthefuturebechargedforwaterserviceandpaythesame
connection and other charges as the cities charge in each case its other
customers in the same class of service Sevice shall also be of the same
quality as that received by other customers in the same class
8 Temlorary Service
Auburn and Kent recognize and agree that until their respective water
systems are readily available within the present WD 87 service area each
will have to extend temporary water service to existing customers on the
opposite side from them on the above described boundary line During such
temporary service the customers shall pay the serving citys rates and
charges and the serving city will maintain the water mains hydrants and
meters serving those temporary Customers
The city temporarily serving such customers will turn over the customers
to the other city on request Both cities agree to cooperate in the
transition of thesecustomers from one city to the other and agree that
water service to the customers will not be interrupted unnecessarily
during the transition
No property temporarily served by one of the cities shall be assessed or
otherwise required to pay for new water mains or facilities in order to
transfer their services over to the other city unless said property is
specifically benefitted beyond the availability of the existing service
No new water services including five hydrants and five service lines will
be connected to a water main owned by one city but temporarily beingutilizedtoservetheabovesaidcustomerspropertywithoutthewritten
consentof the other city
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21182
9 Preferential Employment
The employees of WD 87 shall be entitled to offers of comparable fulltime
employment from both AuDurn and Kent in accordance with RCW 3513A090
lO Governmental Approvals
If in the opinion of either city it is necessary to so obtain approval
ofthis agreement by the King County Boundary Review Board King County
Council andor any other governmental body then that city shall so
notify the other parties to this agreement prior to transfer of WD 87s
remaining monies to the cities
The cities shall determine between themselves which city or WD 87
shall obtain such approvals Regardless of who obtains the approvals
the cost thereof shall be paid from WD 87 funds to the extent available
ll Financial Records
WD 87s financial and other records are available
inspection and copying by either of the cities
on request for
12 WD 87 Indebtedness
WD 87 shall as above pay all of its debts from its present funds WD 87
warrants that on the effective date of this agreement it will have no
debts Further WD 87 has no bonds warrants or similar oblications
outstanding and will not issue any in the future WD 87 also warrants
that it does not have any ULID or other assessments receivable and will
not form any improvement districts in the future
WD 87 warrants that to the best of its knowledge and the knowlege of its
Water Commissioners there are no pending asserted or threatened claims
suits or liens against it or any of its water system monies or other
assets IF WD 87 or any its commissioners should receive notice or
knowledge of any such claim suit or lien prior to the effective date of
this agreement WD 87 will immediately notify other cities The Water
Comissioners of WD 87 shall not be personally liable for the foregoing
warranties and shall not be personally liable for performance of any of
the terms of this agreement unless they shall by Board of Water
Commissionerss action vote or otherwise cause te breach of this
agreement
13 WD 87 Continuin9 Authority
Following the effective date ofthis agreement WD 87 shall remain a
municipal corporation and its commissioners shall remain in office for at
least their present terms of office unless WD 87 is sooner dissolved as
set forth below During the continued existence of WD 87 its
coissioner shall not exercise any rights privileges powers or
fUnctions provided by law to WD 87 except at the request of one or both
of the cities If such request is made by only one of the parties then
such actions shall be taken only with respect to that citys portion of
the WD 87 water system The WD 87 Commissioners shall not be obliged to
undertake any action unless it is necessary to implement clarify or carry
out this agreement and in such case the other cityles requesting the
action shall thereby agree to save the WD 87 Commissioners harmless from
any liability in respect to the same
14 Dissolution of WD 87
Any one or more of the paries to this agreement or anyone else having
standing to do so may petition andor take such steps having standing to
do so may petition andor take such steps as are necessary to dissolve WD
87 under any available statutory authority and procedure In the event
that WD 87 has not been dissolved within five 5 years of the effective
date ofthis agreement then the cities agree that they will immediately
thereafter petition for the dissolution of WD 87 pursuant of RCW 790
governing the disincorporation of special districts that have not actively
carried out any ofthe districts purposes or functions for a period of
21182
five years or any similar or other statutes then in effect The cost of
such disincorporation shall be borne by the cities in the same proportion
as other expenses are provided for in this agreement
15 Approva1 by Parties
This agreement shall be submitted to the governing bodies of each of the
parties and approved by City Ordinance and Water District Resolution
Certified copies of said ordinances and resolution shall be furnished each
of the parties to this agreement Adoption of said ordinances and
resolution shall serve in lieu of signature to this agreement
Notwithstanding the effective date set forth as the beginning of this
agreement this agreement siail be effective 45 days after it is approved
by all three 3 parties
DATED as of the date set forth hereinabove
CITY OF AUBURN
CITY OF KENT
WATER DISTRICT NO 87 KING COUNTY
168157A
21182
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1 RESOLUTION NO 2114
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
SATELLITE WATER SYSTEM SERVICE CONTRACT FOR BRAUNWOOD ESTATES
PREVIOUSLY SALTMARKESTATES
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THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT
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section 1 AUTHORIZATION The Mayor and City Clerk of
the City of Auburn are herewith authorized to execute a
Satellite Water System Service Contract for Braunwood Estates
previously Saltmark Estates A copy of said Contract is
attached hereto and denominated Exhibit A
section 2 AUTHORITY The Mayor is hereby authorized
to implement such administrative procedures as may be
necessary to carry outthe directives of this legislation
DATED and SIGNED this 6th day of August 1990
CITY OF AUBURN
MAYOR
Resolution No 2114
July 31 1990
Page 1
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3 J2u jLJ jJkRobinWohlhueterCityClerk
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APPROVED ASTO FORM
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Michael J Reynolds11ActingCityAttorney
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Resolution No 2114
July31 1990
Page 2
CITY OF AUBURN
WATER DEPARTMENT
SATELLITE WATER SYSTEM SERVICE CONTRACT
FOR BRAUNWOOD ESTATES PREVIOUSLY SALTMARK ESTATES
IT IS AGREED by and between the CITY OFAUBURN the City and
the undersigned the Owners as follows
1 Parties The City is a municipal corporation organized
under and existing by virtue of Chapter 57 of the Revised
Code of Washington The Owners are collectively the
owners of property provided water service by a water source
and distribution system which is independent of and
unconnected to another public or private water system the
satellite system
2 Legal Description The property presently served and to be
served in the future by the satellite system is located in
King County Washington and is legally described as follows
THE SW 14 OF THE NE 14 OF SECTION 33 TWP
21 NR 5 E W M AND THE W 12 OF THE SE
14 OF THE NE 14 OF SECTION 33 TWP 21 N
R 5 E W M
The above property is inside the City s service area under
the South King County Coordinated Water Supply Plan
3 city Services The City will provide services to the
satellite system as identified below
Operation and management of the satellite system from
the tail piece on the house side of the meters to the
well source
Routine inspection maintenance and repair of the
satellite system in accordance with reasonable and
accepted standards and practices for public water
systems
Emergency repairs within a reasonable time after the
owners have notified the City
Preparation and filing of reports and other data
including water sample testing as required
4 City Charges The property owners within the plat of
Braunwood Estates agree to pay the following to the City
A Services charges The City will charge for the above
identified services at a rate equivalent to that
Exhibit A Resolution No 2114
Page One
SATELLITE WATER SYSTEM SERVICE CONTRACT
Page 2
applied in the Auburn City Code Title 13 Chapter
13 04
B Connection Charge All persons connecting to the
City s water system are obliged to pay a standard
service installation charge as identified in the Auburn
City Code Title 13 Chapter 13 04
C Reserve Account
connection to the
City one thousand
reserve account
All parcels within said plat upon
City S water system shall pay to the
dollars 1 000 per parcel as a
The reserve account can be utilized for water system
repair replacement or maintenance at the city s
discretion upon completion of the one 1 year
maintenance period as setout in the Developers
Extension Agreement
The property owners are not entitled to return of the
reserve account money or interest on the reserve
account and the money in the account may be co mingled
with other Water Department funds
5 Terms and conditions This Agreement includes all of the
terms and conditions in the Auburn City Code as applicable
and as amended in the future
without limiting the foregoing it is agreed as follows
A The City owns the satellite water system and will
provide service as set forth above performed in
accordance with accepted public utility practices
B The property owners hereby agree to limit the
total number of connections irrigating their
property at anyone time to seven 7 The
restrictive irrigation requirements shall be
conducted by address onan oddand even number
basis The even numbered addresses shall be
permitted to irrigate on even numbered calendar
days while the odd numbered addresses shall be
permitted to irrigate on the odd numbered calendar
days The design of private irrigation systems
shall be limited to a maximum of ten 10 gallons
per minute total consumption for each lot
C The property owners hereby agree in the event th
the satellite system water source is interrupted
due to unpredictable conditions such as severe
volume reductions contaminated water or any other
unforeseen condition the City at its discretion
may utilize the alternate well site as described
on the development plan or any other reasonable
measure to ensure a source of water
SATELLITE WATER SYSTEM SERVICE CONTRACT
Page 4
10 Integration This Agreement constitutes the entire
agreement between the parties There are no other verbal or
written agreements or representations which modify or affect
this Agreement
11 Covenant Running with the Property It is agreed that this
Contract is a covenant running with the property described
in Paragraph 2 above and any other properties receiving
water in the future from the satellite system and shall be
binding on the owners of all such property their heirs and
successors and it shall be recorded as an encumbrance
against each of the thirteen 13 land parcels
MAYOR
ATTEST
V
Robin Wohlhueter City Clerk
APPROVED ASTO FORM
Uu
City Attorney
teJA Q J J i
SATELbITE WATER SYSTEM SERVICE CONTRACT
Page 5
STATE OF WASHINGTON
SSe
COUNTYOF KING
On this Jet day of lLI Ch
me the undersigned a Notary Pub12ic in and for the
Wa hinJ on dlJ y commissioned anc sw rr rallYJlikLlIandtjJl1xLL
to be the President and
Se tary re pecti vely of
i I ix or Jy the
corporation that executed the foregoing instrument and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation for th uses ang purposes therein
mentioned and on oath stated that fru l n authorized to
execute the said instrument and that th seal affixed in the
corporate seal of said corporation
1 I r before
State of
appeared
to me known
witness my hand and official seal hereto affixed the day and
year first above written
0
I i2iiiNDiF Rl THE STkTE OF
WASHINGTON RESIDING AT k p
STATE OF WASHINGTON
SSe
COUNTYOF KING
19 before me
the State of Washington
appeared
to me known to be the
Mayor and City Clerk respectively of the City of Auburn a
municipal corporation and the corporation that executed the
foregoing instrument and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation for the
uses and purposes therein mentioned and on oath stated that they
are authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation
On this day of
undersigned a Notary Public in and for
duly commissioned and sworn personally
WITNESS my hand and official seal hereto affixed the day and
year first above written
NOTARY PUBLIC IN AND FORTHE STATE OF
WASHINGTON RESIDING AT
REF FAC0694 E90 669
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RESOLUTION NO 25 5 i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN ANDTHE CITY
OF BONNEY LAKE FOR OPERATING AND MAINTAINING A PUBLIC WATER
SYSTEM
WHEREAS the cities of Auburn and Bonney Lake are
responsible for operating and maintaining a public water
system in accordance with federal state and local laws and
regulations and
WHEREAS the parties recognize the responsibility of
public water utilities to provide for the highest quality of
water and reliability of service to their customers at
reasonable cost and
WHEREAS the parties further recognize that water
resources are finite and vulnerable and the prudent use and
management of these resources requires cooperation among
utilities
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DULY ASSEMBLED HEREWITH RESOLVES THAT
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute an Interlocal
Agreement between the City of Auburn and the City of Bonney
Lake for operating and maintaining a public water system in
accordance with federal state and local laws and regulations
Resolution No 2551
August 2 1994
Page 1
CITY ATTORNEY
City of Auburn
25 W Nain
Auburn WA 98001
206 9313030
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A copy of said Agreement is attached hereto designated as
Exhibit A and incorporated by reference in this Resolution
Section Z The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
outthe directives of this legislation
DATED and SIGNED this 15th day of August 1994
CITY OF AUBURN
MAYOR
ATTEST
Robin Wohrhheter
City Clerk
APPROVED ASTO FORM
Michael J Reynolds
Acting city Attorney
Resolution No 2551
August 2 1994
Page 2
CITY ATTORNEY
City of Auburn
5 W Main
Auburn WA 98001
206 9313030
ORIGINAL
Tis agreement made and entered into this day of
19 by and between the City of Auburn hereinafter referred tas
Adurn and the City of Bonney Lake hereinafter referred to as Bonney
Lake WITNESSETH THAT
WHEREAS Auburn and Bonney Lake are responsible for operating and
maintaining a public water system in accordance with federal state and
Iocal laws and regulations and
WHEREAS the parties recognize the responsibility of public water
utilities to provide for the highest quality of water and reliability of
service to their customers at reasonable cost and
WHEREAS The parties further recognize that water resources are finite
and vulnerable and the prudent use and management of these resources
requires cooperation among utilities and
NOW THEREFORE the City of Bonney Lake and the City of Auburn enter
into the following agreement
A RECITALS
Bonney Lake will sell water to Auburn for the purpose of serving a
maximum of two ruralresidential domestic service connections for lots
that abut the PierceKing County Auburn City Limits line in vicinity
of Kersey Way S E
City of Auburn would install their own meters to individual services
and one of these services would be to tax lot 9056 on Kersey Way S
adjacent to the county line
The meter shall be in the Bonney Lake water service area Pierce
County The city of Auburn shall pay the connection charge plus the
actual cost of the meter installation The City of Bonney Lake shall
own the meter
The size of the meter shall be determined by the City of Auburn
All the properties served within the City of Auburn water service area
will be the responsibility of the City of Auburn
Bonney Lake will sell water to the City of Auburn at the standard
Outside the City rates Per Bonney Lake Municipal Code Section
1304100C
7 Bonney Lake shall only furnish domestic needs for the two 2 rural
residential connections Bonney Lake is not responsible for fire flow
RES No 2551
Exhibit A
Page I of 2
The Cityof Aburn will require new service connections from this
supply o be protected by a residential fire sprinkler system in
accordance with Auburn Fire Department ordinance
This agreement shall become null and void at the time Auburn has water
available through its own system to serve these properties
The City of Bonney Lake shall use reasonable effort to provide a
regular uninterrupted supply of water to Auburn Bonney Lake shall not
be liable for any shortage or interruption in delivery of water In
addition Bonney Lake shaI not be liable for any failure interruption
or shortage of water or any loss or damage resulting therefrom
occasioned by any cause beyond the control of the City
11 Auburn shall be a customer of Bonney Lake andshallbegiven the same
consideration as any other customer under the iys rules
regulations and Municipal Codes for domestic service only
12 This Agreement to provide water services by Bonney Lake shall continue
from year to year on the anniversary date of the later approval date
shown below unless notice of intent not to renew this Agreement is
provided by the Mayor of the City of Bonney Lake in writing to the
Mayor of the City of Auburn on or before the anniversary date
CITY OF AUBURN
MAYOR
CITY OF BONNEY LAKE
APPROVED ASTO FORM
ATTEST
City Clerk City of Auburn
PPROVED AS TO FORM
Acting City Attorney City of Auburn
RES No 2551
Exhibit A
Page 2 of 2
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RESOLUTION NO 2721
A RESOLUTION OF THE CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE
INTERLOCAL AGREEMENT NO 2 FORTHE LEA HILL INTERTIE PROJECT
BETWEEN THE COVINGTON WATER DISTRICT KING COUNTY WATER
DISTRICT 111 AND THE CITY OF AUBURN
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES THAT
SECTION 1 The Mayor and City Clerk of the City of
Auburn Washington are hereby authorized to execute
Interlocal Agreement No 2 for the Lea Hill Intertie Project
between the Covington Water District King County Water
District 111 and the City of Auburn A copy of said
Agreement is attached hereto denominated as Exhibit A and
made a part hereof as though set forth in full herein
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
Resolution No 2721
August 20 1996
Page 1
CITY ATTORNEY
City of Auburn
Z5 W Main
Auburn WA 98001
2O6 9313030
Interlocal Agreement 2
for the
Lea Hill Intertie Project
between
Covington Water District
King County Water District 111
and the
City of Auburn
II
Project Title Lea Hill Intertie consisting of construction and operation of piping pumpstationsmetersandsourcefacilitiesforawatersupplyintertiebetweentheCityof
Auburn Auburn Covington Water District CWD and King County Water District
111 WD111 jointly termed the Participants The project facilities are as shown on
Exhibit A Facilities Plan
General
mo
Do
F
G
This Interlocal Agreement 2 IA2 is consistent with the Joint OperatingAgreementJOAoftheSouthKingCountyRegionalWaterAssociation
SKCRWA dated 26 July 1995
There is an immediate need to provide for additional water supply to meet the
needs of CWD and WD111 and meet the emergency needs of Auburn
Performance by Auburn under IA2 shall be subject to its preexisting contractual
andor water supply obligations to Algona Kent Muckleshoot Indian Tribe and
Pacific Future Interlocal Agreements shall be subject to the terms and
conditions of IA2 It is the intent of Auburn to create a first in time first in
service approach to wholesale of water within the limitations ofAuburns water
rights andor supply capacity
Auburn has the necessary water system capacity to meet a portion of the near
term interruptable public water supply needs of CWD and WD111 CWD and
WD111 have the necessary system capacity to meet a portion ofthe emergencyneedsofAuburn
Each Participant desires to develop firm supplies to meet long term continuingneeds
Each Participant hereby identifies its authorized representative as the General
Manager of CWD the General Manager ofWD111 and as the City
Engineer ofAuburn
For wholesale water purposes per Section 4 C ofthe JOA the following
interties exist or are expected to exist in the near future for the Participants to
IA2
1 of 6
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
III
CWD
a
b
c
d
e
f
Auburn future
Black Diamond future
Tacoma future
King County Water District 94 future
WD 111 and
Cedar River Water and Sewer District
WDlll
a Auburn
b CWD
c Kent and
d Soos Creek Water and Sewer District
o Auburn
a Algona
b Kent
c WDlll
d Pacific
e Bonney Lake
f Lakehaven Utility District future
g Muckleshoot Indian Tribe future and
g CWD future
Interlocal Agreement No 1 132nd Avenue Interim Intertie Project dated 7
November 1995 is terminated by mutual agreement of the WD111 and Auburn
upon completion ofthe improvements described in Exhibit B ofthis IA2
Description ofProject
mo The project facilities are generally described in the Engineering Report prepared
by EES dated September 1995 and any subsequent amendments thereto
The project includes design construction and operation of facilities to provide
water as follows
Year Auburn CWD WD111 Total
MaximumMaximum Day Maximum Day Maximum Day
Day DemandDemand Demand Demand
mgdmgd mgd mgd
1998 20 10 20 50
2000 20 15 2560
2002 20252570
2005 20 252570
2010 20 252570
2 of 6
EXHIBIT a
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 090396
IV
VI
Additional water may be available as mutually agreed to by the Auburn CityCouncilandtheBoardofCommissionersofeitherDistrictWateristobe
provided from the Auburn system to the Lea Hill Reservoir Site and then to the
pipeline on 132d SE running north to the Districts The project will provide for
flow control facilities as necessary and a master meter which will be used to
measure the water supplied The reverse order is used for water to be providedfromtheDistrictstoAuburn
Co Respective Facility Ownership Capacity Rights and responsibility for
operation maintenance and renewal andor replacement rr are as described in
Exhibit B Operational parameters shall be as defined in Exhibit C ProjectCriteria
D Auburn will design construct and maintain the facilities constructed under IA2
in accordance with reasonably accepted water utility standards for similar
municipal water utilities Facilities will be designed in compliance with the
Citys adopted design standards as described in the 1995 Comprehensive Water
Plan
E The participants agree that an independent Value Engineering Analysis will be
done at the 75 percent design level
Project Costs
A The project costs are estimated as shown on Exhibit D Project Cost Final
project costs shall be reviewed and approved by the Participants The
Participants shall maintain individual cost records on their expenses for the
project Auburn will retain a consultant to maintaintotal cost records for the
project
B Costs associated with the development ofnew water sources will be shared
based on the basis quantity of water each Participant is allocated from the
sources
Project Financing The Participants shall fully finance and pay for their proportionateshareasshowninExhibitDProjectCostTheDistrictsshalldepositfundswith
Auburn to perform the project work for the proposed facilities in accordance with the
schedule shownin Exhibit E Project Schedule
Service Charges
mo Auburn has prepared a Cost of Service Study to determine the cost ofservice to
its customers A customer classification for wholesale has been created and
rates for service charges shall be based on a rate study for the wholesale
customer classification Auburn will regularly update the cost ofservice
analysis Wholesale water rates will be based on costs ofproviding the service
Cost ofdeveloping the initial Cost of Service Study and Rate Study will be
included within the project costs
3 of 6
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
VII
VIII
WD111 and CWD shall provide a rate to Auburn to be applied for emergencyservicechargesSuchrateshallbebasedoncostsofprovidingtheserviceor in
the interim until a Cost ofService Rate Study is completed shall be equal to or
less than Auburns current wholesale rate
Adjustments to the service charges will be made in accordance with Section 4H
ofthe JOA
Project Coordination
mo The Participants shall meet monthly for project coordination or more frequently
as needed
Bo Auburn will retain a consultant to be the overall Project Coordinator
Assignment ofresponsibilities to the Project Coordinator shall be by agreement
ofthe Participants authorized representatiVes
Co The Participants shall be responsible for design construction management and
commissioning of facilities to be constructed in conformity to facility
ownership Responsibilities may be assigned otherwise by agreement of the
Participants authorized representatives
Conditions of Service
mo Auburn does not presently havethe necessary capacity iewater supply andor
water rights to guarantee delivery of firm uninterruptible water It is
acknowledged and agreed that in the event Auburn experiences any failure or
decreased capacity for any reason or increased demand within its retail service
area the supply to the Districts may be immediately reduced or stopped under
such conditions at the sole discretion of Auburn The Districts agree that
Auburn may take such action irrespective of any cost investment in capacity or
other reliance which may havebeen placed upon the intertie facilities and
interruptible water supply referenced in this IA2
Bo The Districts specifically acknowledge and agree that failure of Auburn to obtain
additional primary water rights in excess of Auburn needs shall be cause for not
bringing the Districts on a par with Auburn customers For purposes of this IA2
on par shall mean Uponreceiving new primary water rights for additional water
sources in the amount of at least 7 mgd the quantities of water described in
paragraph III B the Districts will be served on the same basis and with the
same reliability as service is provided to Auburns retail customers and Auburn
will include the maximum total quantity ofwater cited in paragraph III B in all
of its water system planning as if the quantity was served to direct service
customers and any curtailment restrictions or limitations on delivery would be
on the same basis as curtailment restrictions or limitations on delivery to retail
customers
4 of 6
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
IX
XI
The Participants will proceed with development and implementation of projects
in accordance with the project schedule shown in Exhibit E to increase firm
system capacity and a wholesale supplycapacity as described in paragraph III
B designed to ensure service to the Districts It is anticipated the necessary
projects required to provide firm supply will be proposed wells numbers 6 and 7
described in the Citys 1995 Comprehensive Water Plan The City has obtained
Supplemental Water Rights for the proposed wells numbers 6 and 7It is the
intent of the Auburn to obtain Primary Water Rights for wells number 6 and 7
and additional new wells if required sufficient to provide the quantities of
water described in paragraph III B which shall bring the Districts on a par with
Auburn customers
It is the intent of Auburn to provide the water described in paragraph III B
whenever it is available subject to the limitations described in paragraphs VIII
A and B Auburn shall use reasonable diligence and best efforts to provide
immediate notice in the event it becomes aware that it may not be able to fulfill
the requirements of paragraph III B for any reason
Term of Duration ofAgreement This IA2 shall remain in full force unless terminated
by mutual agreement ofthe Participants
Amendments
This IA2 may be amended only in writing by agreement signed by the
Participants
The authorized representatives shall have authority to updhte exhibits attached
hereto The exhibits shall be updated andor revised only upon written
agreement signed by the Participants authorized representatives Updates must
be ratified by Auburns City Council
Dispute Resolution
Should a dispute arise between the participants regarding the technical aspects of
the planning design construction funding or operation of the facilities
contemplated under IA2 the authorized representatives ofthe participants as
defined in paragraph II E shall meet and select two persons who along with
the authorized representatives of the participants will form a dispute resolution
panel to resolve the dispute Should the dispute resolution panel not be able to
reach a mutually satisfactory resolution the dispute will be resolved as described
below
Legal disputes between the participants to IA2 shall be resolved through the use
ofmediation by a mediator mutually acceptable to the participants with each
participant agreeing to equally share the cost of the mediator Should the
participants not be able to satisfactorily resolve the dispute through mediation
the forum for resolution shall be King CountySuperior Court The substantially
prevailing party will be entitled to attorney fees and costs
EXHIBIT A
5 o6 CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
XII Hold Harmless Each Participant agrees to indemnify and hold harmless the other
participant from and against any loss cost damage or expense of any kind and nature
arising out of injury to person or damage to property in any manner caused by the
negligent act or omission ofthe indemnified individual participant in the performance of
its work pursuant to or in connection withthis IA2
XIII Severability If any provision of this IA2 is invalid or unenforceable the remainingprovisionsshallremaininforceandeffect
IN WITNESS WHEREOF tthe Participants hereto have caused this IA2 to be executed by their
proper Officers on the fl day of7b4aer 1996
City ofAuburn
Title
Attest
By
Title
Date
Covington Water District
King County WaXerDistrict 111
6 of 6
EXHIBIT A
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 090396
ii
3
Exhibit A
Facilities Plan
Continued
Exhibit A
Update Approval
Aubum
CWD 4z
Auburn
WDlll
Dated
Dated
Dated
Dated
Dated
Dated
Auburn
CWD
WD111
Dated
Dated
Dated
8 of 13
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance
and Renewal and Replacement Responsibilities
to
Interlocal Agreement 2
for
Lea Hill Interti Project
Operation MaintenanceFacilityLocationFacilityCapacityRightsRenewalReplacementOwnershipResponsibilityNewLeaHillPumpGreenRiverRoadAuburnWD11125MGDAuburnStationI04thSECWD25MGD
Lea Hill Booster Pump Lea Hill Reservoir Site Auburn WD 111 and CWD AuburnStation95
Auburn 5 note 2FlowControlTelemetryLeaHillReservoirSiteAuburnWD111andCWD Auburn
95
Auburn 5 note 2MeterStationIntersectionof132naSEAuburnWDII1andCWD Auburn
and SE 288th Street 95
Auburn 5 note 216inchWaterlineGreenRiverRoad26aAuburnNote3 Auburn
NE to 104th SE
16inchGreen River Under Green River at Auburn Note 3 Auburncrossing26ndNE
16inch Waterline 104th SE NE 8 to Auburn Note 3 Auburn
Green River Road
20inchWaterline SE 304 New Lea Hill Auburn Note 3 Auburn
Pump Station to 116th SE
Well 6 City Auburn Note 3 AuburnWell7CityAuburnNote3Auburn16inchWaterlineKStreetSE22nStreetAuburnNote3AuburnPRVSEto21stStreetSE
12inch Waterline M Street SE Well I to Auburn Note 3 Auburn
6th Street SE
12inchWaterline 6th Street SE M Street Auburn Note 3 Auburn
SE to F Street SE
12inch Waterline F Street SE 6m Street SE Auburn Note 3 Auburn
to 2n t Street SE
Note 2 Auburn capacity right is in recognition of the emergency capability of the facilityNote3Capacityrightisnotspecifictofacilityhoweverparticipationinconstructingthe facility providescapacityrightto5MGDfromAuburnswatersystem
EXHIBIT A
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 09103196
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance
and Renewal and Replacement Responsibilities
Continued
Exhibit B
Update Approval
1 Auburn
CWD
WDlll
Dated
Dated
Dated
Auburn
CWD
WDlll
Dated
Dated
Dated
Auburn
CWD
WDlll
Dated
Dated
Dated
EXHIBIT a
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 090396
Exhibit C
Project Criteria
to
Interloeal Agreement 2
for
Lea Hill Intertie Project
Project Criteria
Waterlines shall be sized as shown on Exhibit A
No storage shall be included in the project All storage required to enable the
Districts to optimally use facilities constructed shall be provided by the Districts
Pumping Facilities shall be constructed to provide flow rates as describedin
paragraph III B
The New Lea Hill Pump Station is to operate at design capacity with one pump in
standby mode
The Lea Hill Booster Pump Station is to operate at design capacity with one pump in
standby mode
Pump Stations to be designed with single speed pumps
Emergency Power not provided at pump stations
Flow rates to the Districts from Auburn through the facilities shall be set for constant
flow for full 24 hour periods subject to reasonable hydraulic and mechanical
tolerances
The Districts will notify AUburn by 900AM if the District requests adjustment of
the desired pumping rate for the following day except in case ofan emergency
In the event Auburn desires emergency water from the Districts the Districts will
provide Auburn a daily estimate ofthe volume of water which will likely be
available during the following 24 hour period
Exhibit C
Update Approval
1 Auburn Dated
Dated
WDlll Dated
Auburn
CWD
WDlll
Dated
Dated
Dated
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
Exhibit D
Project Costs
to
InteHocal Agreement No 2
for
Lea Hill Intertie Project
Total Est Auburn Cost W13111 Cost CWD CostDescriptionCostPercentCostPercentCostefCostINSIDEAUBURN
PIPING
20 along304th from Pump Station to 570000 10 57000 45 256500 45 256500116thAveSEW105106
16 on approx 26th from 1to Pump Station 395000 20 79000 40 158000 40 158000urderGreenRincicrossingWS102103
16 east of Green River from 8th St 535000 20 67000 40 134000 40 134000toPumpStationW101
Meter Station 132nd SE and SE 288th 35000 5 1750 475 16625 475 1662512MStreetfromWell1to6thStreetSEWS110120000560004755700047557000126thStreetSEfromMStreettoFStreetWS111WS11214000057000475665004756650012FStreetfrom6thStreetto2ndStreetSEWS11385000542504754037547540375KStreetParallelpipelineandPRYWS11465000532504753087547530875PIPINGSUBTOTAL1745000225250759875759875PUMPSTATIONS
Green River Pump Station W104 350000 10 35000 45 157500 45 157500IntertiePumpStationWS107245000512250475116375475116375PUMPSTATIONSSUBTOTAL59500047250273875273875NEWSUPPLYFACILITIES
Onll and Develop Well 6 and Well 157 7 mgd t1250000 286 357143 357 446429 357 446429S106S108S109S110
TOTAL ESTIMATED CONSTRUCTION COST 3590000 175 629643 412 1480179 412 1480179PRELIMINARYPROJECTCOSTS
Cost of Service Study Rate Study 41000 622 25502 189 7749 189 7749ConsultantSrevicesJan91toDec94
FeasibilityStudies and Water Rights Analysis 41522 333 13841 333 13841 333 13841DevelopmentofInterlocelAgreement9406333313533331353333135FinalEngineeringRepo7198175126241229684122968PRELIMINARYPROJECTCOSTSSUBTOTAl99126437402789327893AILLIEDCOST
Contingency 150 538500 175 94446 412 222027 412 222027StateSalesTax8229438017551631412121375412121375EngineeringOesign65233350175409274129621241296212ConstructionEngineering75126925017547223412111013412111013Legal103590017562964121480241214802Fiscal103590017562964121480241214802Administration2071800175125934122960441229604PermitsAgencyApprovals30107700175188894124440541244405EngineenngSurveys2589750175157414123700441237004LandROW33118470175207784124884641248846TOTALALLIEDCOST5001795000314821740089740089TOTALPROJECTCOST548412698820522479602247960
Exhibit D Uldateaoproval
1 Auburn Dated 2 Auburn Dated
CWD Dated CWD Dated
WD111 Dated WD1 11 Dated
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
Total lea Hill Inlertie Project Costs 5484126 Sgg44190 23s235746 82 803181 383380s263
Fxhlbl D UPdate IDOtoval I
Data tu 12 Auburn Date
Date C I CWD Date
D 7 D
Exhibit E Project Schedule
to
Interlocal Agreement 2
for
Lea Hill Intertie Project
Activity Date
Execute IA2
Rates for service charges provided
CWD and WD 111
deposit to Auburn
CWD and WD111
deposit to Auburn
CWD and WD 111
deposit to Auburn
CWD and WD 111
deposit to Auburn
CWD and WD 111
deposit to Auburn
each to provide 200000
each to provide 200000
each to provide 400000
each to provide 500000
each to provide 500000
Complete Construction ofWells 6 and 7
CWD and WD 111 each to provide 600000
deposit to Auburn
Complete River Crossing
CWD and WD 111
deposit to Auburn
CWD and WD 111
deposit to Auburn
CWD and WD111
deposit to Auburn
each to provide 500000
each to provide 350000
each to provide 350000
Complete Construction ofWaterlines and
Pump Stations
Commissioning
September 3 1996
September 15 1996
October 15 1996
January 10 1997
April 25 1997
July 6 1997
January51998
January151998
April61998
July 6 1998
July 6 1998
October 5 1998
May 71999
May 14 1999
May 28 1999
12 of 13
2
Activi ty
Exhibit E Project Schedule
Continued
Date
Interim Project Cost Accounting
CWD and WD111 each to provide 200000
deposit to Auburn
Balancing Payment per Interim Accounting
Obtain Primary Water Rights for Wells 6 and 7
Final project Cost Accounting
Final CWD and WD111 Balancing Payment to Auburn
June 30 1999
July 5 1999
July 26 1999
January 3 2000
March 17 2000
April 17 2000
Exhibit E
Update Approval
1 Aubu
2 Auburn
Dated
Dated
Dated
Dated
CWD Dated
WDlll Dated
o Auburn
CWD
WDlll
Dated
Dated
Dated
REF HPROJPR61617E97954
13 of 13
RESOLUTION NO 2782
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
4 WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A NEW FRANCHISE
AGREEMENT BETWEEN THE CITY OFAUBURN AND KING COUNTYTO
5 CONSTRUCT OPERATE AND MAINTAIN A WATER SYSTEM IN COUNCIL
DISTRICTS 7 9 AND 13 UNTIL YEAR 2021 AND A SHORT TERM
FRANCHISE TO CONSTRUCT OPERATE AND MAINTAIN A SEWER SYSTEM IN
7 COUNCIL DISTRICT 7 9 AND 13 UNTIL MARCH 1998
8
9
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
10
REGULAR MEETING DULY ASSEMBLE HEREWITHRESOLVES THAT
11
12
13 SECTION 1 AGREEMENT The Mayor of the City of Auburn is
14 herewith authorized to execute a Franchise Agreement between
15 the City of Auburn and King County to construct operate and
16
maintain a water system in Council Districts 7 9 and 13
17
until year 2021 and a short term franchise to construct18
19 operate and maintain a sewer system in Council Districts 79
20 and 13 until March 1998 A copy of said Agreement is
21
attached hereto denominated as Exhibit A and a copy of
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King County Ordinance No 12473 approving the franchise is
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24
25
26
Resolution No 2782
November 14 1996
Page 1
attached hereto denominated as Exhibit B and made a part
2
hereof as though set forth in full herein
4
5 SECTION 2 AUTHORIZATTON The Mayor is hereby
6 authorized to implement such administrative procedures as may
7
be necessary to carry out the directires of this iegislation
8 d ofl19DATEDandSIGNEDthisay96
9
10 CITY OF AUBURN
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12
CHARLES A BOOTH
4 MAYOR
ATTEST
15
Robin Wohlhueter
18 City Clerk
9
APPROVED ASTO FORM
20 r
22
Michael J Reynolds
23 City Attorney
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25
26
Resolution No 2782
November 14 1996
Page 2
12473
FRANCHISE NO
In the matter of the application for a franchise to operate maintain repair and construct
water mainsand service lines and appurtenances in over along and under County roads and
rightsofway in King County Washington
The application of the CITY OF AUBURN for a franchise to operate maintain repair and
construct water mains and service lines and appurtenances in over along and under County roads
and r hisofway located within the area described in attached Exhibit A has been heard on this0fdayof5pTtynlr19eAllofthepropertydescribedinExhibitAlies
outside the limits of any incorporated Town or City
Legal notice of the franchise application and of the hearing has been given as is required by
law
The KingCounty Council having considered the interests proposed and advanced and
finding that the granting of this franchise is in the public interest ORDERS that a franchise be
granted to the CITY OF AUBURN the Grantee subject to the conditions set forth in Exhibit B
attached hereto this franchise and Ordinance NoqT This franchise grants the right privilegeauthorityandfranchisetooperatemaintainrepairandconstructmainsandservicelinesand
appurtenances as a part of its distribution system in over along and under County roads and
rightsofway located within the area described in
ExhibitA
This franchise is granted subject to all of the terms and conditions contained heren within
Ordinance No Exhibit Band shall expire in twentyfive years on f3 20
KING COUNTY WASHINGTON
BY
TITLE
The undersigned accepts all the rights privileges and duties of this franchise subject to all terms
conditions stipulations and obligations contained herein within OrdinanceI73and Exhibit
CITY OF AUBURN
GRANTEE
TITLE
Dated this codday of 0LgO Vc 19 q
1247 3
Exhibit A
Beginning at the northwest comer of the George E King Donation Land Claim No 40 situate in
Section 31 Township 22 North Range 5 East WM also known as the southeast corner of the R
H Beatty Donation Land Claim No 37 and No 44 situate in Section 31 Township 22 North
Range 5 East WM and in Section 36 Township 22 North Range 4 East WM Thence
westerly along the south boundary of said R H Beatty Donation Land Claim No 37 and 44 and the
south boundary of the John M Thomas Donation Land Claim No 42 situate in Section 36
Township 22 North Range 4 East WM to the easterly boundary of the corporate city limits of
the City of Auburn as described in the City of Auburn annexation Ordinance No 4770 Thence
northerly along said easterly boundary of the corporate city limits 495 feet thence easterlyalong a
line parallel with said south boundary of the John M Thomas Donation Land Claim No 42 an the
south boundary of said RH Beatty Donation Land Claim No 37 and 44 to the east boundary of
said R H Beatty Donation Land Claim No 37 and 44 Thence easterly along a line parallel with and
495 feet north measured at right angles of the north boundary of said George E King Donation
LandClaim No 40 and along said parallel line extended easterly to the thread of the Green River
Thence southerly along said thread of the Green River to the north boundary of said George E
King Donation Land Claim No 40 extended easterly thence westerly to the point of beginning
Together with
Beginning with the northwest corner of Section 5 Township 21 North Range 5 East WM
Thence easterly along the north boundary of said Section 5 to the thread of the Green River as
described in the City of Auburn Annexation Ordinance No 2511 Thence southerly along said
thread of the Green River to the south boundary of Government No 4 situate in Section 5
Township 21 North Range 5 East WM extended westerly Thence easterly along said south
boundary to the easterly margin of the Green River Road and the westerly boundary of the City of
Auburn Annexation No 4710 Thence northerly along said westerlyboundary of the City of
Auburn Annexation No 4710 to the north boundary of the south 3000 feet of Section 32
Township 22 North Range 5 East WM Thence westerly along said north boundary to said
thread of the Green River as described in the City of Auburn Annexation Ordinance No 2511
Thence southerly along said thread of the Green River to said north boundary of Section 5
Together with
Beginning at the southwest corner of the S E 14 of the S W 14 of Section of Section 32
Township 22 North Range 5 East WM Thence northerly along the west boundary of said S E
14 of the S W 14 of Section 32 to the north boundary of the South 3000 feet of said Section 32
Thence easterly along said north boundary of Section 32 and along the north boundary of the south
3000 feet of Section 33 Township 22 North Range 5 East WM to the west boundary of the
east 285 feet of the S W 14 of said Section 33 as measured along the south boundary of said
Section 33 Thence southerly along said west boundary to said south boundary of Section 33
Thence southerly along a line parallel with the east boundary of the West 12 of Section 4
Township 21 North Range 5 East WM Thence easterly parallel with the north boundary of said
Section 4 a distance of 100 feet Thence southerly parallel with said east boundary of the West 12
of Section 4 a distance of 11400 feet Thence easterly parallel with said north boundary of Section
4 a distance of 15500 feet to the west boundary of the east 3000 feet of said West 12 of Section
4 Thence southerly along said west boundary of the east 3000 feet to the south boundary of the
North 12 of the South 12 of said Section 4 Thence easterly along said south boundary and alongthesouthboundaryoftheNorth12oftheSouth12ofSection3Township21NorthRange5
East WM to the northwesterly margin of Primary State Highway No 2 also known as State
Route 18 Thence southerly and westerly along said northwesterly margin to the easterly corporate
3
12473
city limits of the City of Auburn Thence northerly and westerly along said easterly corporate city
limits of the City of Auburn to the south boundary of Government Lot No 4 in Section 5
Township 21 North Range 5 East WM extended westerly Thence easterly to the southeast
corner of said Government Lot No 4 Thence northerly to the point of beginning
Together with
Beginning at the southwest corner of the N E 14 of the S W 14 of Section 21 Township 21
North Range 5 East WM said point located on the easterly corporate city limits of the City of
Auburn Thence northerly along said corporate city limits of the City of Auburn to the southeasterly
margin of said Primary State Highway No 2 also known as State Route No 18 Thence
northeasterly along said southeasterly margin to the thread of the Green River Thence southeasterly
along said thread of the Green River to the east boundary of Section 26 Township 21 North
Range 5 East WM Thence southerly along said east boundary of Section 26 and southerly along
the east boundary of Section 35 Township 21 North Range 5 East WM to the southeast corner
of said Section 35 Thence westerly along the south boundary of said Section 35 to the thread of the
White River and the easterly corporate city limits of the City of Auburn Thence north and westerly
along said easterly corporate city limits of the City of Auburn to the point of beginning
Together with
Beginning at the southwest corner of Section 36 Township 22 North Range 4 East WM
Thence northerly along the westerly boundary of said Section 36 to the northerly margin of South
277th Street also known as 52nd Street N W which is the southerly corporate limits of the City of
Kent Thence easterly along said northerly margin of South 277th Streetand along the southerly
corporate limits of the City of Kent and along the northerly corporate limits of the City of Auburn
to the westerly margin of Auburn Way North Thence southeasterly along said westerly margin
2100 feet more or less to the westerly corporate city limits of the City of Auburn as described in
the City of Auburn Ordinance No 2511 Thence southerly along said westerly corporate city limits
to the southerly boundary of the W A Cox Donation Land Claim No 38 and 41 Thence westerly
along said southerlyboundary to the easterly boundary of the Plat of White River Valley Home
Tracts as recorded in Volume 13 of Plats Page 17 records of King County Washington Thence
northerly along said easterly boundary of the Plat of White River Valley Home Tracts to the
northeast corner of Tract 20 of said Plat of White River Valley Home Tracts Thence westerly
along the north boundary of said Tract 20 to the westerly margin of 80th Avenue South Thence
southerly along said westerly margin of 80th Avenue South to the southerlyboundary of Section
36 Township 22 North Range 4 East WM Thence westerly to the point of beginning
Less that portion of the above described franchise areas lying within the corporate city limits of the
City of Auburn Washington and less that portion of the above described franchise areas lying
within the corporate city limits of the City of Kent Washington
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12473
EXHIBIT
BTERMS AND CONDITIONS APPLICABLE TO
UTILITIES FRANCHISES GRANTED BY KING COUNTY
THIS FRANCHISE is subject to the following terms and conditions
1 DEFINITIONS
References to any County official or office also refers to any office that succeeds to any or all of the
responsibilities of the named office or official References to laws or applicable laws include
federal state and local laws and regulations adopted pursuant to those laws unless otherwise
stated references to laws include laws now in effect as the same may be amended from time to
time during the operation of this franchise In addition the following definitions shall apply
Cable Services The term Cable Services is used as defined in 47 United States Code 522 5 as
amended
Cable System The term Cable System is used as defined in 47 United States Code 522 6 and
King County Code 6a010 J as amended
County Road RightsofWay The term County Road RightsofWay includes any road street
avenue or alley located within the area described in the attached Exhibit A it does not include
recreational or nature trails except where the trails intersect or are within roads streets avenues or
alleys
Director The term Director refers to the chief executive of the King County Department of
Transportation
Grantee The term Grantee refers to the CITY OF AUBURN its successors and those assignees
approved pursuant to paragraph 16 herein
Utility The term utility refers either to the Grantee or depending on the context to any other
person firm or corporation public or private which may hold a franchise to maintain and operate
similar facilities in under over across and along any of the County property described in Exhibit
Council The term Council refers to the King County Council acting in its official capacityOtherGoverningBodyThetermOtherGoverningBodyreferstoanypublicofficialor other
public board or body as may have the power and jurisdiction to permit or regulate the installation
and maintenance of utilities and other facilities in under over across and along any of the county
property described in Exhibit A
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12478
2 ACCEPTANCE BY GRANTEES OF TERMS AND CONDITIONS
The full acceptance of this franchise and all of its terms and conditions shall be filedwith the Clerk
of the Council within fortyfive 45 days from 19 by the Grantee Full
acceptance of this franchise is a condition precedent to its taking effect and unless this franchise is
accepted within the time specified this grant will be null and void and have no force or effect
3 NONEXCLUSIVEFRANCHISE
This franchise is not exclusive It does not prohibitKing County from granting franchises for other
public or private utilities in under over across and along any County property includingCounty
road rightsofway
This franchise does not prevent or prohibkKing County from constructing altering maintaining or
using any County road rightsofway covered by this franchise King County retains full power to
make all changes relocations repair maintenance etc as it may deem fit
4 JURISDICTION
This franchise is intended to convey limited rights and interest only as to those roads and rights of
way in which KingCounty has an actual interest It is not a warranty of title or of interest in
County road rightsofway
Whenever any of the County road rightsofway as designated in this franchise by reason of the
subsequent incorporation of any Town or City or extension of the limits of any Town or City shall
later fall within the City or Town limits this franchise shall continue in force and effect until such
time as the incorporation andor annexation is complete according to applicable State law after
which time the County will no longer have any responsibility for maintenance of any County roads
rightsofway or other County property within the area of annexationincorporation
None of the rights granted to the Grantee shall affect the jurisdiction of King County over County
road rightsofway or the Countys power to perform work upon its roadways rightsofway or
appurtenant drainage facilities including by conswucting alteringrenewing paving widening
grading blasting or excavating
All of the rights herein granted shall be subject to and governed by this franchise provided
however that nothing in this franchise may be construed in any way as limiting King Countysrightstoadoptordinanceswhicharenecessarytoprotectthehealthsafetyandwelfareofthe
general public
5 REGULATION OFUSE AND CONTROL
This franchise does not deprive King County of any powers rights or privileges it now has or may
later acquire in the future to regulate the use of and to control the County road rightsofwaycoveredbythisfranchise
12473
This franchise authorizes the use of County rightsofway solely for the delivery by the Grantee of
natural gas to it customers Additional uses of County rightsofway by the Grantee including for
cable communication services shall fwst require a separate franchise from King County which
conforms to the requirements of KCC 627 as amended or KCC 627A as amended and other
applicable law
Any use of the Granteesequipment of facilities in County rightsofway by others including for
telecommunication or cable communication services is prohibited unless separately authorized and
approved in writing byKing County The Grantee agrees that prior to authorizing any person to
use the Granteesequipment or facilities located in County rightsofway the Grantee will require
the user to provide the Grantee with an affidavit that it has obtained the necessary franchise or other
approval from the County to operate and provide the proposed service in County rightsofway At
least thirty 30 day prior to executing any agreement with a potential user for the use of the
Granteesequipment or facilities the Grantee shall fax the affidavit to the King County Office of
Cable Communication at 2062960842
6 EMINENT DOMAIN
This franchise and the limited rights and interests for the operation maintenance repair and
construction of Grantees transmission and service lines and appurtenances are subject to the
exercise of eminent domain In the event of an exercise of eminent domain byKing County the
value to be atlributed to all the rights andinterests granted under this franchise shall not exceed the
actual amount the Grantee paid to King County in obtaining this franchise
7 ENFORCEMENT
Failure of King County on one or more occasions to exercise a right or to requirecompliance or
performance under this franchise or any applicable law shall not be deemed to constitute a waiver
of such right or a waiver of compliance or performance unless such right has been specifically
waived in writing Failure of King County to enforce or exercise its rights under any provision of
this franchise or applicable law does not constitute a waiver of its rights to enforce or exercise a
right in any other provision of this franchise or applicable law
8 INDEMNITY AND HOLD HARMLESS
The Grantee agrees to indemnify and hold harmless King County as provided herein to the
maximum extent possible under law Accordingly the Grantee agrees for itself its successors and
assigns to defend indemnify and hold harmless King County its appointed and elected officials
and employees from and against liability for all claim demands suits and judgments including
costs of defense thereof for injury to persons death or property damage which iscaused by arises
out of or is incidental to Granteesexercise of rights and privileges granted by this franchise The
Granteesobligations under this section shall include
a Indemnification for such claims whether or not they arise from the sole negligence of
the Grantee the concurrent negligence of both parties or the negligence of one or more third
parties
b The duty to promptly apt tender of defense and provide defense to the County at the
Granteesown expense
12473
c Indemnification of claims made by the Granteesown employees or agents
d Waiver of the Grantees immunity under the industrial insurance provisions of Title 51
RCW which waiver has been mutually negotiated by the parties
In the event it is necessary for the County to incur attorneys fees legal expenses or other costs to
enforce the provisions of this section all such fees expenses and costs shall be recoverable from
the Grantee
In the event it is determined that RCW 424115 applies to this franchise agreement the Grantee
agrees to defend hold harmless and indemnify King County to the maximum extent permitted
thereunder and specifically for its negligence concurrent with that of King County to the full extent
of Granteesnegligence Grantee agrees to defend indemnify and hold harmless the County for
claims by Granteesemployees and agrees to waiver of its immunity under Title 51 RCW which
waiver has been mutually negotiated by the parties
King County shall give the Grantee timely written notice of the making of any claim or of the
commencement of any such action suit or other proceeding covered by the indemnity in this
section In the event any such claim arises the County or any other indemnified party shall tender
the defense thereof to the Grantee and the Grantee shall have the duty to defendsettle or
compromise any claims arising hereunder and the County shall cooperate fully therein
Notwithstanding the above the County shall have no obligation to tender a defense as a condition
of the indemnity where there is a material conflict between theinterests of the Grantee and King
County
9 VACATION
If at any time KingCounty vacates any County road rightsofway covered by this franchise King
County will not be held liable for any damages or loss to the Grantee by reason of such vacation
King County may after giving thirty 30 days written notice to the Grantee terminate this
franchise with respect to any County road rightsofway vacated
10 REPAIR REMOVAL OR RELOCATION
The Grantee hereby covenants at its own expense to repair remove or relocate existing facilities
including all appurtenant facilities and service lines connecting its system to users within King
County road rightsofway if such repair removal or relocation is required byKing County for
any County road purpose Such repair removal or relocation shall not be unreasonably required
The grantee shall at no expense to the County adjust remove or relocate existing facilities within
County road rightsofway including all appurtenant facilities and service lines connecting its
system to users if the County determines such adjustment removal or relocation is reasonably
necessary to allow for an improvement or alteration planned by the County in such road rightof
way The County shall give the Grantee written notice of such requirement as soon as practicable
at the beginning of the predesign stage for projects that are part of the Countys capital
improvement program including such available information as is reasonably necessary for the
Grantee to plan for such adjustment removal or relocation
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12473
For projects that are a part of the Countys capital improvement program in addition to any other
notice given to the Grantee the County shall provide a vertical and horizontal profile of the
roadway and drainage facilities within it both existing and as proposed by the County and the
proposed construction schedule notwithstanding any permit conditions that may later be applied to
the County project this initial design information shall be given at least 180 days before
construction is scheduled to begin except in cases of urgent construction or emergencies The
Grantee shall respond to this notice and to any later notices of revised designs based on permit
conditions within no more than thirty 30 days byproviding to the County the best available
information as to the location of all of the Granteesfacilities including all appurtenant facilities
and service lines connecting its system to users and all facilities that it has abandoned within the
area proposed for the public works project
The County shall offer the Grantee the opportunity to participate in the preparation of bid
documents for the selection of a contractor to perform the public works project as well as all
required adjustments removals or relocations of the Granteesfacilities Such bid documentsshall
provide for an appropriate cost allocation between the parties The County shall have sole authority
to choose the contractor to perform such work The Grantee and the County may negotiate an
agreement for the Grantee to pay the County for its allocation of costs but neither party shallbe
bound to enter into such an agreement Under such an agreement in addition to the Grantees
allocation of contractor costs the Grantee shall reimburse the County for cost such as for
inspections or soils testing related to the Grantees work and reasonably incurred by the County in
the administration of such joint construction contracts Such costs shall be calculated as the direct
salary cost of the time of County professional and technical personnel spent productively engaged in
such work plus overhead costs at the standard rate charged by the County on other similar projects
including joint projects with other County agencies
11 REOUIREMENT OF CONSTRUCTION PERMITS
The Grantee its successors or assigns has the right privilege and authority to enter the County
road rightsofway for the purpose of operating maintaining repairing or construction its
transmission and service lines and appurtenances on the condition that it obtains permits approved
by the Director and Property Services Division and when applicableby the Department of
Development and Environmental Services Applications for work permits shall be presented to the
Property Services Division which may require copies of plans blueprints crosssections or further
detailing of work to be done In the event of an emergency the Grantee may immediately
commence the necessary work and shall apply the next business day for the work permit Any
work done whether by Grantee its contractors or third parties will include necessary paving
patching grading and any other reasonably necessary repair or restoration to the County road
rightsofway All work shall be done to the satisfaction of the Director
All equipment lines and appurtenances which are used in the operation maintenance repair or
construction of the Granteesservice and which are located within the County road rightsofwayshallbeconsideredtobepartoftheGranteessystemandshallbetheresponsibilityoftheGrantee
All permits for the operation maintenance repair or construction of said system shall be applied
for and given in the name of the Grantee who will be responsible for all work done under the
permit The Granteeremains responsible whether the work is done by the Grantee its contractors
or by third parties
12473t
The Grantee shall at no expense to the County assume the following obligations with respect to
the facilities connected to its system that are within County road rightsofway and which it does
not own including appurtenant facilities and service lines connecting its system to users
a The Grantee shall apply for upon request and on behalf of the owner of the
facilities a County rightofway construction permit for any repairs required for such
facilities provided such owner agrees to reimburse the Grantee for all costs incurred by
the Grantee and any other reasonable conditions the Grantee requires as a precondition
to applying for the permit All work to be performed in the County rightofway shall
comply with all conditions of the County permit and all applicable County requirements
The Grantee may at its optionperform any part of the repair with its own forces or require
the owner to employ a contractor for that purpose provided such contractor is approved by
the County
Co In the event that the County determines emergency repair of such facilities is
necessary to halt or prevent significant damage to County road rightsofway or
significant threats to the health safety and welfare of parties other than the owner or the
occupants of the building served by such facilities the Grantee shall take prompt
remedial action to correct the emergency to the Countys approval which the County
shall not unreasonably withhold
c When the County or its contractor provides notice to the Grantee pursuant to
RCW 19122 of its intent to excavate within County road rightsofway the Grantee
shall provide to the County or its contractor the best information available from the
Granteesrecords or where reasonable from the use of locating equipment as to the
location of such facilities including surface markings where these would reasonably be
of use in the excavation If the Grantee fails to make good faith efforts to provide the
above information within the deadlines provided by RCW 19122 the Grantee shall hold
the County harmless for all reasonable costs that result from damage to such facilities if
such damage occurs as a result of the failure to provide such information Nothing in
this subsection is intended or shall be construed to create any rights in any third party
or to form the basis for any obligation or liability on the part of the County or the
Grantee toward any third party nor is anything in this subsection intended to be
construed to alter the rights and responsibilities of the parties under RCW 19122 as
amended
12 RESTORATION OF COUNTY ROAD RIGHTSOFWAY
After work on under or adjacent to County road rightsofway the Grantee is responsible for and
will leave all County road rightsofway in as good a condition as they were in before any work
was done In the event that the Grantee its contractors or third parties working under permit
should fail to restore County road rightsofway to the satisfaction of the Director King County
may make such repairs or restorations as are necessary to return the County road rightsofway to
its prework condition Upon presentation of an itemized bill for repairs or restorations including
the costs of labor and equipment the Grantee will pay the bill within thirty 30 days If suit is
brought upon the Granteesfailure to pay for repair and restoration and if judgment in such a suit
is entered in favor of King County then the Grantee shall pay all of the actual costs including
interest from the date the bill was presented disbursements and attorneys fees and litigation
related costs incurred
l0
1247 319PEIORMANCEOFWORK
The Grantee covenants that in consideration for the rights and privileges granted by this franchise
all work performed by the Grantee on County road rightsofway shall conform to all County
requirements including but not limited to the requirements of the current edition of the County
Road Standards in forcewhen the work is performed and all traffic control shall also conform to
the current edition of the Manual of Uniform Traffic Control Devices in force when the work is
performed
14 BLASTING REOUIREMENTS
The right to operate maintain repair and construct Grantees distribution and service lines and
appurtenances granted by this franchise does not preclude King County its agents or contractors
from blasting grading or doing other road work to the Granteeslines and appurtenances Except
in the case of an emergency the Grantee will be given ten 10 business days written notice of any
blasting so that the Grantee may protect its lines and appurtenances If the Grantee notifies the
County within ten 10 business days that the facilities will have to be relocated to protect them
from blasting the County will defer the blasting for up to ninety 90 days from the date of the
original notice In no event will the Grantee be given less than two 2 business days written notice
of any blasting Notification of any excavation shall be provided through the OneCall System as
provided by RCW 19122 as hereinafter amended
15 SURVEY MARKERS AND MONUMENTS
It shall be the responsibility of the Grantee performing any construction work in the County road
rightsofway to restore any survey markers or monuments disturbed by such construction in
accordance with RCW 5809130 and as bereinafter amended
16 ASSIGNMENT
The Grantee shall not have the right to assign this franchise without the consera of the Metropolitan
King County Council given by Ordinance No assignment shall be effective unless an acceptance
by the assignee of all rights conditions terms provisions and responsibilities contained within the
franchise as well as surety bonds which the Council deems necessary to be posted are received
Council approval of the assignment may be made subject to the assignees acceptance of new or
modified terms of the franchise
17 EXPIRATION AND RENEWAL
To the extent described in Exhibit A all rights granted by this franchise to County road rightsof
way outside incorporated Towns and Cities apply to all existing County road rightsofWay
improved and unimproved and to all County road rightsofway acquired byKing County during
the term of this franchise
If the Grantee has initiated a renewal of this franchise before it expires the County may at its sole
discretion extend the term of the franchise on a month to month basis for up to one year Should
the County elect to extend the franchise written notice shallbe provided to the Grantee before the
franchise expiration date
If the Grantee has not applied for a renewal of this franchise before it expires King County has the
right to remove or relocate any lines and appurtenances of the Grantee as is reasonably necessary
for the publics health welfare safety or convenience including but not limited to the safe
operation of County roads franchise holders or for the construction renewingaltering or
improving of any County road rightofway or for the installation of lines andor facilities of other
franchise holders Grantee shall be liable for the costs incurred in any removal or relocation of its
lines and appurtenances under this section Costs include the expense of labor and equipment
Upon expiration of this franchise the Grantee shall continue to be responsible for the operation and
maintenance of existing facilities in the County road rightsofway until removed assigned to
another franchised utility or abandoned however the Grantee shall not have the right to provide
additional services or construct new facilities King County will issue permits required for the
repair and maintenance of the existing facilities in accordance with KCC 1444055 as mended
and Section 11 of this franchise This section andsections 8 1013 and 15 of this franchise shall
continue in force until such time as the lines are removed from County road rightsofway assigned
to another franchised utility or abandoned in place with the approval of the Manager of the
Department of Transportation Road Services Division
18 RESERVATION OF RIGHTS
King County specifically reserves for itself the right to impose a utility tax on the Grantee if such
taxing authority is granted by State of Washington and the local option is exercised by the King
County Council
King County also specifically reserves the right to exercise authority it has or may acquire in the
future to secure and receive fair market compensation for the use of its property pursuant to an
ordinance If KingCounty elects to exercise such authority the fair market compensation
requirement for Grantee shallbe imposed by ordinance not less than one hundred eighty 180 days
after written notice Compensation Notice is delivered to the Grantee said Compensation Notice
identifying with specificity the definition terms andor formula to be used in determining such fair
market compensation Acceptance of King Countys definition terms andor formula identified in
the Compensation Notice will occur if the Grantee accepts in writing within thirty 30 days of
receipt of the Compensation Notice or if Grantee takes no action in writing within thirty 30 days
of receipt of the Compensation Notice in which case the applicable ordinance that the King County
Council passes will be determinative
Nothing inthis section shallbe construed as an agreement by the Grantee of King Countys right to
exercise authority it has or may acquire in the future to secure and receive fair market compensation
for the use of property Nothing in this section shall be construed to prohibit the Grantee from
challenging in King County Superior Court or a court of competent jurisdiction the legality of
such right
Granteesrejection of the definition terms andor formula identified in the Compensation Notice
will only occur if such rejection is in written form identifying with specificity the grounds for such
rejection and delivered to King County within thirty 30 days after receipt of the Compensation
Notice in which case the below identified arbitration terms will apply
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12473
a The Grantee and King County will select one arbitrator each and the two selected
arbitrators will select a third arbitrator If the two arbitrators have not selected a third arbitrator
within thirty 30 days after the selection of the last selection of the two either the Grantee or King
County may apply to the presiding judge of the King County Superior Court for the appointment of
a third arbitrator The three arbitrators will determine the method for determining the fair market
compensation for the County property used by the Grantee The arbitration procedureemployed
shall beconsistent with the rules and procedures of the American Arbitration Association The
decision of a majority of the arbitrators will bindboth the Grantee and King County At the
conclusion of the arbitration the arbitrators will submit written reports to the Grantee and King
County which shall contain all pertinent evidence thatled to their conclusion together with an
explanation of their reasoning for such conclusion
b The fees of the arbitrators selected by each party shall be paid by that party and the
fees of the third arbitrator shall be paid onehalfby the County and the Grantee The other costs of
the proceeding shall be shared equally by the County and the Grantee
c In event that the question of fair market compensation is not resolved prior to the
effective date specified by the ordinance authorizing said compensation the arbitration
decision will be applied retroactively to the effective date in the ordinance The Grantee will pay
the retroactive sum plus interest in the amount of twelve percent 12 per annum
Nothing in this franchise may be construed to limit the exercise of authority now or later possessed
by the County or any other governing body having competent jurisdiction to fix just reasonable
and compensatory rates or other requirements for services under this franchise Nothing in this
section shall be construed to prohibit the Grantee from challenging in KingCounty Superior Court
or a court of competent jurisdiction the authority of the County or any other governing body to fix
rates or other requirements for services
19 COMPLIANCE WITH LAWS
Grantee shall conform to all applicable federal state and local laws and regulations including but
not limited to the State Environmental Policy Act and King County environmental standards and
ordinances
20 NONDISCRIMINATIONCLAUSE
In all hiring or employment made possible or resulting from this franchise agreement there shallbe
no discrimination against any employee or applicant for employment because of sex sexual
orientation age race color creed national origin marital status or the presence of any sensory
mental or physical handicap unless based upon a bona fide occupational qualification and this
requirement shall apply to but not be limited to the following employment advertising layoff or
termination rates of pay or other forms of compensation and selection for training including ap
prenticeship
No person shall be denied or subjected to discrimination in receipt of the benefit of any services or
activities made possible by or resulting from this agreement on the grounds of sex sexual
orientation race color creed national origin age except minimum age and retirement provisionsmaritalstatusorthepresenceofanysensorymentalorphysicalhandicap
13
12473
Any violation of this provision shall be considered a violation of a material provision of this
agreement and shall be grounds for cancellation termination or suspension in whole or in part of
the agreement by the County and may result in ineligibility for further County agreements
The Grantee shall make the best efforts to make opportunities for employment andor contracting
services available to women and minority persons The Grantee recognizes that King County has a
policy of promoting afftrmative action equal opportunity and has resources available to assist
Grantee in these efforts
21 PENALTY FOR VIOLATION OF CONDITIONS
If the Grantee shall violate or fail to comply with any of the material terms conditions or
responsibilities of this franchise through neglect or failure to obey or comply with any notice given
the Grantee under the provisions of this franchise or if the Grantee abandons its franchise
the Council may revoke this franchise King County shall give written notice of its intent to revoke
this franchise A public hearing shallbescheduled within fortyfive 45 days following the
notification The decision to revoke this franchise will become effective ninety 90 days following
the public hearing if the County by ordinance finds
A That the Grantee has not substantially cured the violation or failure to comply which
was the basis of the notice or
B that the violation or failure to comply which was the basis of the notice is incapable of
cure or
C that the Grantee has repeatedly violated or failed to comply with any of the material
terms conditions or responsibilities of the franchise even though the individual violations have
been cured and
D that the revocation of the franchise is in the public interest
During the fortyfive 45 days following the notification the Grantee shall have the opportunity to
remedy the failure to comply
22 RIGHT OF APPEAL
Decisions requirements or approvals of the Director are binding on the parties to this document
Appeals from the Directors determinations will be made by filing a complaint with the King
County Superior Court
23 SEVERANCE
This franchise gives effect to purposes and uses which are consistent with economical and efficient
services rendered in the public interest If any provision of this franchise or its application is
determined to be invalid by a court of law then the remaining provisions of this franchise shall
continue and remain valid unless the dominant purpose of the franchise would be prevented or the
public interest is no longer served
Revised 07251
12473
FRANCHISEEXTENSION AGREEMENT
RECITALS
WHEREAS the City of Auburn currently holds water and sewer Franchise 7543 granted
byKing County Washington for the operation of its sewer and water system in unincorporated
King County and
WHEREAS the City of Auburn franchise expired on November 30 1994 and
WHEREAS the City of Auburn has requested a renewal of said franchise and
WHEREAS a water and sewer franchise was approved by the Council under Ordinance
7543 on May 22 1989 This extension is for the sewer portion only and
WHEREAS the water franchise for that portion of the water system will be incorporated in
the franchise for proposed Ordinance No 96682 which consolidates all of the City of Auburn
water franchises into one franchise agreement and
WHEREAS the City of Auburn King County and the Utilities Technical Review
Committee recommend that said franchise be extended until March 1 1998 to give the City the
opportunity to complete and obtain approval of its updated sewer comprehensive plan and
WHEREAS no objections have been raised to the granting of this request and
WHEREAS King County has approved the extension of this franchise until March 1 1998
through the passage of Ordinance No 74 9 subject to the conditions contained in the
ordinance and this agreement
NOW THEREFORE King County Washington and the City of Auburn agree as follows
1 The terms of King County Water and Sewer Franchise 7543 is herebyapproved and extended
so that it will now expire on March 1 1998
2 All other conditions of King County Water and Sewer Franchise 7543 shall remain in full force
and effect and are not modified or amended by this agreement or Ordinance No
CITY OF AUBURN WASHINGTON KI COUp WASHINGTON
TITLE ctcc TITLE
GHRISTOPHSR VANCF
1 090696 Introduced By Brian Derdowski
2 AUBRNSB296MMc Proposed No 96682
3
8 AN ORDINANCE approving a franchise for the City of Auburn to
9 construct operate and maintain water system in Council Districts 7
10 9 and 1 and a shoe term franchise to cestmct peateand
11 maintain a sewer system in Council Disiridts 7 9 and land
12 authorizing the Executive to execute the franchise agreements
13
14 STATEMENT Or FACTS
15
16 I The City of Auburn has filed an application for franchises in council districts 7 9
17 and i to construct operate and maintain water and sewer systems to serve residential multi
18 family and commercial areas in accordance with RCW3555010and KCC 527
19
20 2 The citys comprehensive plan for water was approved on June 7 i 996 by King
2 1 County Ordinance 12342
22
2 3 3 The citys sewer plan was approved in982 KCC 1324i 10 requires that the
2 4 sewer plan be updated by the end of 1996 and further that it be updated every 6 years or that
2 5 a demonstration be made that the plan is consistent with the 1994 KingCounty
26 Comprehensive Plan There is no documentation offered to show thatsuch a demonstration
2 has been made
28
2 9 4 The existing franchises expired in May of this year
30
31 5 The application has been referred to the relevant county departments for review
32
33 6 The King County executive has recommended approval of the franchise
34
35 7 The Utilities Technical Review Committee reviewed and approved the districts
3 6 franchise legal description and map on April 26 1995
37
38 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY
39
10 SECTION 1 The granting of a franchise to the City of Aubum to construct operate and
41 maintain a water system within King County is hereby approved for a period oftwentyfive
4 2 years The granting of a franchise extension to the City of Auburn to construct operate and
43 maintain a sewer system within King County until March 1 1998 is hereby approved The
44 extension period is provided to allow time for the City to demonstrate its compliance with
4 5 KCC 1324110 The King County executive is authorized to enter into and execute the
4 6 water system franchise and the sewer franchise extension for the terms specified which by
4 7 this reference is fully incorporated herein Said franchises shall
12473
1 include all bf the geheral and special conditions required by the county
2 SECTION 2If within 45 days after the granting of this franchise the applicant shall
3 have failed to sign the written acceptance incorporated herein then the rights and privileges
4 granted hereinshall be forfeited and said franchiseshall be null and void
5 INTRODUCED AND READ for the first time t lt xt 0dthisdayof i 996
6 PASSED by a vote of02 toOthiS dYO ofcefltnJq996day
7 KING COUNTY COUNCIL
8 KINLUNGTON9
l0
ll
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13
14 ATTEST
15
20 is of 1996 E21
22
24 Kin t xecutivegY
25
26 Attachments
27 A Franchise Agreement for Water
2 8 B Franchise Extension for Sewer
2
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RESOLUTION NO 2925
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SETTLEMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY
OFBONNEY LAKE
WHEREAS Auburn and Bonney Lake are currently involved in
several related disputes regarding the provision of water
service to a development known as Lakeland Hills South
within Auburns currentlydesignated Pierce County Potential
Annexation Area and
WHEREAS Auburn is currently seeking to annex a portion
of its Pierce County Potential Annexation Area and
WHEREAS Bonney Lake is currently opposing said
annexation proposal and
WHEREAS Bonney Lake has initiated litigation against
Auburn in Pierce County Superior Court alleging tortious
interferencewith a contractual relationship and
WHEREAS Auburn has threatened legal andor
administrative action with respect to various water rights
owned by Bonney Lake and
WHEREAS Bonney Lake has threatened legal andor
administrative action with respect to various water rights
owned by Auburn and
Resolution No 2925
February 27 1998
Page 1
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WHEREAS the parties hereto desire to enter into a
settlement agreement the express intent of which is to settle
all claims and disputes between Auburn and Bonney Lake
relating to the provision of water service to Auburns Pierce
County Potential Annexation Area and related water rights
issues and
WHEREAS Bonney Lake and Auburn are both desirous of
entering into cooperative arrangements to provide for the
efficient and costeffective provision of water to their
customers
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute the Settlement
Agreement between the City and the City of Bonney Lake A
copy of said Settlement Agreement is attached hereto
designated as Exhibit A and incorporated by reference in
this Resolution
Section 2 The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
DATED and SIGNED this 2nd day of March 1998
Resolution No 2925
February 27 1998
Page 2
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ATTEST
Danielle E Daskam
City Clerk
APPROVED ASTO FORM
ids
City Attorney
Resolution No 2925
February 27 1998
Page 3
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
SETTLEMENT AGREEMENT
CITY OF AUBURN AND CITY OF BONNEY LAKE
THIS SETTLEMENT AGREEMENT Agreement is entered into
this L day of March 1998 by and between the CITY OF
AUBURN Auburn a municipal corporation and the CITY OF
BON LAKE Bonney Lake a municipal corporation
WHEREAS Auburn and Bonney Lake are currently involved
in several related disputes regarding the provision of water
service to a development known as Lakeland Hills South
LHS within Auburns currentlydesignated Pierce County
Potential Annexation Area PC PAA
WHEREAS Auburn is currently seeking to annex a
portion of its PC PAA and
WHEREAS Bonney Lake is currently opposing said
annexation proposal and
WHEREAS Bonney Lake has initiated litigation against
Auburn in Pierce County Superior Court alleging tortious
interference with a contractual relationship and
WHEREAS Auburn has threatened legal andor
administrative action with respect to various water rights
owned by Bonney Lake and
Settlement Agreement
City of Aubum City ofBonney Lake
March 3 1998
Page 1 rcagreesacitybonney
Exhibit A
Auburn Resolution No 2925
WHEREAS Bonney Lake has threatened legal andor
administrative action with respect to various water rights
owned by Auburn and
WHEREAS the parties heretodesire to enter into a
settlement agreement the express intent of which is to
settle all claims and disputes between Auburn and Bonney
Lake relating to the provision of water service to Auburns
PC PAA and related water rights issues and
WHEREAS Bonney Lake and Auburn are both desirous of
entering into cooperative arrangements to provide for the
efficient and costeffective provision of water to their
customers
NOW THEREFORE the parties agree as follows
1 Bonney Lakes claims against Auburn in Pierce
County Cause No 972052128shall be dismissed with
prejudice and without costs to either party
2 Bonney Lake shall withdraw its opposition to
Auburnsproposed annexation of a portion of Auburns PC PAA
in Pierce County Boundary Review Board Case No A975
3 Auburn recognizes and agrees to Bonney Lakes
exclusive right to serve with water all portions of Bonney
Lakes water service area as designed by the 1995 Pierce
County Coordinated Water System Plan for a period of seven
years from the effective date of any Auburn annexation of
Settlement Agreement
City of Auburn City ofBonney Lake
March 3 1998
Page 2 cagreesaitybonney
Exhibit A
Auburn Resolution No 2925
any area within such service area It is understood that
Auburn anticipates multiple annexation proceedings regarding
such areas Bonney Lake shall not oppose such annexation
proposals and pursuant to this paragraph Bonney Lake shall
have the exclusive right to serve each annexation area for
seven years from the effective date of annexation
4 Upon the expiration of each sevenyear period or
sooner if requested by Bonney Lake provided for in
paragraph 3 with respect to a particular portion of Bonney
Lakes water service area Auburn shall at its option have
the exclusive right to serve such area with water subject
to the further requirements and conditions contained in
paragraphs 5 and 6 of this Agreement
5 Upon the expiration of each sevenyear period or
sooner if requested by Bonney Lake provided for in
paragraph 3 with respect to a particular portion of Bonney
Lakes water service area Bonney Lake shall at Auburns
option transfer to Auburn by bill of sale all of its
ownership rights in water system facilities located within
and used to serve such area with the exception of
facilities retained by Bonney Lake in accordance with
paragraph 6 below Auburn shall have no obligation to
compensate Bonney Lake for such facilities as are
transferred by Bonney Lake pursuant to this Section
Settlement Agreement
City of Aubum City of Bonney Lake
March 3 1998
Page 3 lcagreesaci tybonney
Exhibit A
Auburn Resolution No 2925
Facilities to be transferred pursuant to this paragraph
shall include water pipes but shall not include source or
storage facilities including but not limited to Bonney
Lakes Tacoma Point Wells and Tacoma Point Reservoir nor
those facilities reserved to Bonney Lake under paragraph 6
6 In contemplation of Auburns anticipated eventual
takeover of water service from Bonney Lake within Auburns
annexation area and for the purpose of providing Bonney
Lake a looped system after Auburns takeover of water
service within its annexed areas hereunder Auburn shall
prior to the takeover of service within any portion of
Bonney Lakes current water service area construct or cause
to be constructed and transfer or cause to be transferred to
Bonney Lake free of charge future 12 water transmission
line as shown on the attached Exhibit A to the southern
boundary of AuburnsPC PAA provided that in the event the
particular alignment shown on Exhibit A shall prove
impractical or unavailable such linesshall be constructed
in an alignment as mutually agreed to by the parties
Auburn shall construct or cause these facilities to be
constructed and transferred to Bonney Lake without regard to
the progress or lack of progress of the development of LHS
Such facilities shall be constructed in accordance with
applicable Bonney Lake standards In addition Auburn will
Settlement Agreement
City of Aubum City of Bonney Lake
March 3 1998
Page 4 cagreesacitybonney
Exhibit A
Auburn Resolution No 2925
not take over water service from Bonney Lake and Bonney
Lake will retain ownership of its water system within that
area shown on Exhibit B attached hereto This area will
remain part of Bonney Lakes water service area and the
facilities serving it will remain part of Bonney Lakes
water system in perpetuity notwithstanding possible
annexation of the area by Auburn at any time in the future
7 Auburn shall guarantee Bonney Lake the right in
perpetuity to transport water through Auburns corporate
boundaries within Pierce County in order that Bonney Lakes
ability to serve its water service area as recognized in
this Agreement is not hindered or rendered impractical
Such guarantee shall be effectuated by the execution of such
easements agreements franchises licenses or other
documents as are appropriate on terms that are in no
respect less favorable or advantageous to Bonney Lake than
those governing the operations of Auburnsown water utility
within its corporate limits Auburn shall not condemn or
otherwise interfere with any Bonney Lake water facilities
covered by this paragraph or paragraph
8 Neither Auburn nor any of its agents employees
attorneys or contractors shall challenge directly
indirectly or through third parties through legal or
administrative proceedings or any other means Bonney Lakes
Settlement Agreement
City of Auburn City ofBonney Lake
March 3 1998
Page 5 lcagreesaci tybonney
Exhibit A
Auburn Resolution No 2925
existing water rights including but not limited to Bonney
Lakes water rights associated with its Tacoma Point Wells
The rights associated with its Tacoma Point Wells are
specifically as follows
1 Lake Tapps Water Co Certificate No C 2809A
with a date of priority 12357 for 100gpm and
45af
2 Tacoma Point Well No 2 Certificate No C G2
2 C
685 with a date of priority of 2586 for
1000gpm and 800af and
3 Tacoma Point Well No 4 Permit Number G227693
with a date of priority of 13090 for 1200gpm
and 1600af
Because of production problems associated with Bonney Lakes
current wells at Tacoma Point Auburns agreement not to
protest or interfere extends to and includes Bonney Lakes
drilling of another well or wells at Tacoma Point to achieve
full production of its certificated and permitted water
rights It also includes Bonney Lakes effort to proceed to
certificate on its permit rights in Tacoma Point Well No 4
referenced above Bonney Lake agrees not to seek to
increase its water rights in the Tacoma Point well field for
any appropriation beyond these permittedcertificated
levels Bonney Lake shall not challenge directly
Settlement Agreement
City of Auburn City ofBonney Lake
March 3 1998
Page 6 cagreesacitybonney
Exhibit A
Auburn Resolution No 2925
indirectly or through third parties through legal or
administrative proceedings or any other means Auburns
existing water rights or Auburns efforts to use those
rights in order to serve its PC PAA with water including
any application to permit the withdrawal of water from wells
located within LHS commonly known as Lakeland wells 5b and
5c provided that such rights in Lakeland wells 5b and 5c
are supplemental to Auburns existing rights in wells 5 and
Sa For purposes of this paragraph the word challenge
shall include both direct actions such as the filing of any
lawsuit complaint or letter of protest as well as indirect
actions such as assisting facilitating encouraging or
approving any such actions on the part of a third party
Each party will terminate and withdraw any pending
challenges to the others water rights that have been
initiated
Each party expressly reserves the right to challenge
any application for new water right or change in water right
that is made after the date of this Agreement provided
that any application for certification of a water right for
which a party already holds a permit shall not be deemed an
application for new water right or change in water right
made after the date of this Agreement
Settlement Agreement
City ofAuburn City of Bonney Lake
March 3 1998
Page 7 careesacitybonney
Exhibit A
Auburn Resolution No 2925
9 In order to facilitate the practical and efficient
provision of water service to the portion of LHS outside
Bonney Lakes current water service area the parties will
work together cooperatively to agree onan amendment of
their respective water service area boundaries in this area
10 At such time as either party wishes to pursue the
development of additional water source or supply or water
storage facilities in the vicinity of LHS the party will
provide notice of same to the other party and the parties
will thereupon meet to confer with respect to their
respective needs and interests in regard to additional
source supply or storage Should it appear that the
interests of the parties are sufficiently aligned the
parties will mutually agree to join in the development of
said additional source supply or storage facilities on
such terms as the parties may agree are equitable
11 In the future at such time as Auburns water
system has been more fully developed in the area of LHS
andor on its common boundary with Bonney Lakes water
service area the parties may agree that it is in their
mutual best interests and the best interests of their
respective customers to enter into an agreement providing
for one or more interties between their water systems to be
constructed
Settlement Agreement
City of Auburn City of Bonney Lake
March 3 1998
Page 8 cagreesacitybonnel
Exhibit A
Auburn Resolution No 2925
12 Each party agrees to sign such documents and to
take such actions as are necessary to implement the purpose
and intent of this Agreement
13 Time isof the essence under this Agreement The
terms of this Agreement shall be specifically enforceable by
the parties hereto
14 Each of the individuals signing this Agreement on
behalf of a party warrants that heshe has the authority to
sign the Agreement and thereby to bind the party on whose
behalf heshe signs
15 This Agreement shall be binding on the heirs
successors and assigns of the parties
16 This Agreement is designed strictly for the
purpose of compromising disputed claims and avoiding the
expense and risks of litigation The Agreement shall be
construed according to the fair intent of the language as a
whole and not for or against either party
17 In the event of any disputes arising out of the
implementation or enforcement of this Agreement the parties
agree to submit said disputes first to mediation and if
mediation is unsuccessful then to binding arbitration in
accordance with Ch 704 RCW provided however that each
party reserves the right to seek injunctive or other similar
equitable relief from a court of competent jurisdiction in
Settlement Agreement
City ofAuburn City of Bonney Lake
March 3 1998
Page 9 cagreesaci tybonney
Exhibit A
Resolution No 2925
order to preserve the status quo pending any mediation or
arbitration or to otherwise protect a right or remedy that
might otherwise be lost if such interim relief were not
obtained
18 This Agreement shall not waive Auburns right to
assess and collect any taxes assessments or fees which it
is otherwise authorized under law to assess or collect on
any water service provided that Auburns assessment and
collection of any such taxes assessments or fees with
respect to any area served with water by Bonney Lake shall
be upon the same terms as Auburns assessment and collection
of any such taxes assessments or fees with respect to areas
served with water by Auburn
By
Its
By
CITY OF AUBURN
CHARLES A BOOTH
Its
Settlement Agreement
City of Auburn City ofBonney Lake
March 3 1998
Page 10 agreesacitybonneyl
Exhibit A
Resolution No 2925
EXISTING 6INCH AND 12INCH
WATER MAINS APPURTENANCES
CUSTOMERS ALON 2ND
TRANSFEjtRED TO iAUL
EXlSTINO 6WATE MAIN IN
BETWEEN 2nd STAND 4h ST
TRANSFERRED TO AUBURN BONNEY
LAKE TO RETAIN 2 DI WATER MAi
TACOMA POINT
T
LEGEND
EXISTINGBONNEYLAKE WATER MAIN
PROPOSED t2 DIAMETER WATER MAIN TOBE PROVIDEDBY AUBURN
mmmmmm EXIST BONNEYLAKE WATER MAIN tN FRANCHISE WllH AUBURN
EXISTING BONNEYLAKE WAIR Al TO E R BURN
EXHIBIT A
CITY OF AUBURN AND CITY OF BONNEY LAKE
SETTLEMENTAGREEMENT
SCALE I 1000
King County
erce
URBAN GRO
SERVICE AR
TH AREAWATER
EA BOUNDARY TO
FOLLOW PRPERTY LINES
CENTERLIN OF RIGHTOFWAY
OR NORTHWEST BOUNDARY OF GAS
NATURAL GAS PIPELINASEMENT
EXHIBIT B
CITY OF AUBURNAND CITY OF BONNEY
AREA TO REMAIN IN BONNEY SETTLEMENT AGREEMENT
LAKE SERVICE AREA IN PERPETUITY
BONNEY LAKE WATER SERVICE AREA BOUNDARY
SCALE 1 1500
RESOLUTION NO 30 i 8
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN3WASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTOEXECUTEA
SERVICE AREA AGREEMENT BETWEEN THE CITY AND THE CITY OFBONNEY4LAKETOESTABLISHABOUNDARYBETWEENTHEIRCONTIGUOUSSERVICE
AREA RELATING TO WATER SERVICE5
6 WHEREAS Bonney Lake is engaged in the business of
7
providing water service to the public located in certain areas
8
of Pierce County in the State of Washington and
9
WHEREAS the City of Auburn is engaged in the business of
10
providing water service to the public located in certain areas11
of King and Pierce Counties in the State of Washington and12
WHEREAS the parties desire to enter into a formal13
14 Service Area Agreement to establish a boundary between their
15 contiguous service area in Pierce County in order to avoid any
16 duplication or overlap of water service and to provide the
17 most efficient service to their respective customers and
18 WHEREAS the City of Auburn and the City of Bonney Lake
19 have entered into a Settlement Agreement related to water
20 service to the Lakeland Hills South development in which
2 according to Section 9 the Cities have agreed to work
22 together cooperatively to facilitate a practical efficient
23 boundary between the two systems
24
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Resolution No 3018
November 17 1998
Page 1
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
2 WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
3 RESOLVES THAT
4 Section 1 The Mayor and City Clerk of the City of
5 Auburn are herewith authorized to execute a Service Area
Agreement between the City and the City of Bonney Lake to
7 establish a boundary between their contiguous service area
8 relating to water service A copy of said Agreement is
9
attached hereto denominated as Exhibit A and made a part
10
hereof as though set forth in full herein
11
Section 2 The Mayor is hereby authorized to implement
12
such administrative procedures as may be necessary to carry
out the directives of this legislation14
15 DATED this 7th day of December 1998
17
CITY OF AUBURN
18
19
21 CHARLES A BOOTH
MAYOR
22
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Resolution No 3018
November 17 1998
Page 2
2 ATTEST
4
6 Danielle E Daskam
City Clerk
7
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9
APPROVED ASTO FORM
10
12
Michael J Reynolds
14 City Attorney
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Resolution No 3018
November 17 1998
Page 3
SERVICE AREA AGREEMENT
This Agreement dated Deeer191998 is made and entered into by and between the City of
Bonney Lake a Washington municipal corporation Bonney Lake and the City of Auburn a
Washington municipal corporation Auburn
Whereas Bonney Lake is engaged in the business of providing water service to the public located in
certain areas of Pierce County in theState of Washington Auburn is engaged in the business of
providing water service to the public located in certain areas of King and Pierce Counties in the State of
Washington and
Whereas the parties desire to enter into a formal service area agreement to so establish a boundary
between their contiguous service area in Pierce county in order to avoid any duplication or overlap of
water service and to provide the most efficient service to their respective customers and
Whereas The City of Auburn and the City of Bonney Lake have entered into a Settlement Agreement
related to water service to the Lakeland Hills South development in which according to section 9 the
Cities have agreed to work together cooperatively to facilitate a practical efficient boundary between
the two systems
Bonney Lake and Auburn therefore agree as follows
1 This Agreement is entered into pursuant to the Pierce County Coordinated Water System Plan
which Plan and Appendices are incorporated herein by this reference
2 The contiguous water service boundary between Bonney Lake and Auburn is agreed upon by both
parties as shown on the attached maps Exhibit A and as described in Exhibit B which by this
reference are incorporated herein
3 Bonney Lake and Auburn may by mutual written amendmentsto this Agreement make such
adjustments to the service boundary as they may mutually agree upon from time to time so that
water service to new service locations in dose proximity to the service boundary may be provided in
an efficient effective and economical manner Any such adjustments shall be documented by
modifying the attached maps which when so modified and agreed to by the parties shall constitute
amendments to this Agreement Minor adjustments consisting of ten acres or less may be
authorized by the Public Works Director or Superintendent of each party
4 Except as specifically set forth herein this Agreement shall not modify the Settlement Agreement
referenced above
Senrice Axea Agreement Exhibit A
City of Bonney Lake and City of Auburn Resolution No 3018
111698 Page 1 of 3 City of Auburn
IN WITNESS WHEREOF we have hereumo set our hands and seals
CITY OF AUBURN
ATTEST
Daelle E Daskam City Clerk
APROVED AS TO FORM
Michel J Reynolds City Attorney
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that Charles A Booth and Danidle E
Daskam were the persons who appeared before me and said persons acknowledged that they signed
this instrument on oath stated that they were authorized to execute the instrument and acknowledged it
as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of
such paxties for the uses and purposes mentioned in this instrument
Dated g
r
Notary Public in and for the State of Washington
residing at
My appointmntz4phes
Service Area Agreement
City of Bonney Lake and City of Auburn
1 1698 Page 2 of 3
OY LAKE
OBY z
STATE OF WASHINGTON
County of Pierce
I certify that I know or have satisfactory evidence that Bob Young was the person who
appeared before me and said person acknowledged that they signed this instrument on oath stated that
they were authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF
BONNEY LAKE to be the free and voluntary act of such parties for the uses and purposes mentioned
in this instrument
Dated I Z 6 q
Notary Public in andr the State of Washington
npoamttmentexes
Service Area Agreement
City ofBonney Lake and City of Auburn
111698 Page 3 of 3
LEGAL DESCRIPTION FOR PROPOSED AUBURNBONNEY LAKE WATER
SERVICE AREAS OF SECTION 6 TOWNSHIP 20 NORTH RANGE 5 EAST OF
WM PIERCE COUNTY WASHINGTON
LINE DESCRIBED AS THE BORDER BETWEEN THE CITY OF AUBURN AND
BONNY LAKE WATER SERVICE AREAS MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING FROMTHE SOUTH QUARTER CORNER OF SECTION 6
TOWNSHIP 20 NORTH RANGE 5 EAST THENCENORTH 01 12 59 EAST A
DISTANCE OF 7 1361 FEET TO THE NORTHERLY MARGIN OF LAKE TAPPS
PARKWAY EAST
THENCE IN A NORTHWESTERLYDIRECTION ALONG THE NORTH LINE OF
SAID PARKWAY NORTH 71 22 39 WEST A DISTANCE OF 44058 FEET TO
THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS POINT
BEARING NORTH 18 37 21 EAST A DISTANCE OF 96000FEET
THENCE ALONG THEARC OF SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 11 22 29 AN ARC DISTANCE OF 19059 FEET
THENCE LEAVING SAIDMARGIN NORTH 01 28 45 WEST A DISTANCE OF
262981 FEET
THENCE NORTH 58 56 04 EAST A DISTANCE OF 53296FEET
THENCE NORTH 37 29 20 EAST A DISTANCE OF 17829 FEET
THENCE NORTH 49 21 27 EAST A DISTANCE OF 41004FEET TO A POINT OF
A NONTANGENTCURVE TO THE LEFT HAVING A RADIUS POINT BEARING
NORTH 49 37 08 EAST HAVING A DISTANCE OF 45400FEET
THENCE ALONG THEARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 27 21 25 AN ARC DISTANCE OF 21677FEET
THENCE SOUTH 67 44 15 EAST A DISTANCE OF 4708 FEET TO A POINT OF
A NONTANGENTCURVE TO THE LEFT HAVING A RADIUS POINT BEARING
SOUTH 69 16 55 EAST A DISTANCE OF 92750 FEET THENCE ALONG THE
ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 09
01 AN ARC DISTANCE OF 16431 FEET
THENCE SOUTH 10 34 04 WEST A DISTANCE OF 16357 FEET
THENCE IN A NORTHEASTERLYDIRECTION ALONG THE NORTH LINE OF
LOT G OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS
FILE 9808310329 NORTH 75 13 36 EAST A DISTANCE OF 54899FEET TO
THE EASTERLY LINE OF LOT G
THENCE NORTH 11 28 56 WEST A DISTANCE OF 5664 FEET TO THE
SOUTHERLY LINE OF LOT B PER SAID BOUNDARY LINE ADJUSTMENT
THENCE NORTH 75 13 36 EAST A DISTANCE OF 56063 FEET TO THE
WESTERLY MARGIN OF LAKELAND HILLS WAY SE
THENCE NORTH 14 46 24 WEST A DISTANCE OF 13804 FEET
THENCE LEAVING SAID WESTERLY MARGIN NORTH 75 13 36 EAST A
DISTANCE OF 6300 FEET TO THE EASTERLY MARGIN OF LAKELAND HILLS
WAY SE
THENCE IN A NORTHWESTERLYDIRECTION ALONG SAIDMARGIN NORTH
14 46 24 WEST A DISTANCE OF 35316 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT HAVING A RADIUS POINT BEARING SOUTH 75 13 36
WEST A DISTANCE OF 54567 FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 19 07 09 AN ARC DISTANCE OF 18208 FEET TO THE
POINT OF A CURVE TO THE RIGHT HAVING A RADIUS POINT BEARING
NORTH 60 27 56 EAST A DISTANCE OF 3500 FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 84 32 04 AN ARC DISTANCE OF 5164 FEET THENCE
NORTH 55 00 00 EAST A DISTANCE OF 20852 FEET THENCE NORTH 53 05
27 EAST A DISTANCE OF 15008 FEET
THENCENORTH 55 00 00 EAST A DISTANCE OF 16623 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING
NORTH 35 00 00 WEST A DISTANCE OF 43000FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 37 44 40 AN ARC DISTANCE OF 28327 FEET TO THE
POINT OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING
NORTH 72 4400WEST A DISTANCE OF 103000 FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 00 56 13 AND AN ARC DISTANCE OF 1684FEET TO
THE NORTHERLY SECTION LINE OF SECTION 6 TOWNSHIP 20 NORTH
RANGE 5 EAST
THENCE ALONG THE NORTH LINE OF SECTION 6 SOUTH 88 34 43 EAST A
DISTANCE OF 80823 FEET TO THE NORTHEAST CORNER OF SAID SECTION 6
TERMINUS OF SAID BOUNDARY
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RESOLUTION NO 3019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
EMERGENCY FIRE FLOW PROTECTION AGREEMENT BETWEEN THE CITY AND
THE CITY OFBONNEY LAKE
WHEREAS by Resolution No 2925 the City of Auburn
approved an agreement with Bonney Lake on water service and
WHEREAS by unanimous adoption at the March 2 1998
Council Workshop Bonney Lake approved an agreement with the
City of Auburn on water service and
WHEREAS the Lakeland PUD in Pierce County is located in
the Bonney Lake water service area as defined in the 1995
Pierce County Coordinated Water System Plan and
WHEREAS in the Lakeland Annexation and Utilities
Agreement Ordinance No 4867 and Amendment to the Lakeland
Annexation and Utilities Agreement Resolution No 2955 The
Lakeland Company hereinafterreferred to as TLC agreed to
comply with City of Auburnsurban service standards and
WHEREAS by separate agreement The Lakeland PUD in Pierce
County is served by the Auburn Fire Department as agreed in
Section 16 of the Amendment to the Lakeland Annexation and
Utilities Agreement Resolution No 2955 and the Lakeland
Annexation and Utilities Agreement Ordinance No 4867 and
Resolution No 3019
November 17 1998
Page 1
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WEREAS the City of Auburns minimum fire flow service
standard is 2500 gpm for 3 hours with residual pressure of 20
psi as defined in the 1995 Comprehensive Water Plan and
amended in 1997 by Ordinance No 5051 and
WEREAS TLC desires to build MultiFamily Developments
Division 1 Phase 4 1P4 and Lots 56 and 7 hereinafter
referred to as the Multifamily Development Area in the
immediate future within the Lakeland PUD in the Bonney Lake
Water Service Area and
WHEREAS TLC has requested Bonney Lake enter into an
agreement with the City of Auburn to provide an emergency
intertie for fire flow in order that TLCs development meet
AUBURNsfire flow service standards and
WEREAS Bonney Lake is unable at this time to meet
AUBURNs fire flow requirements and desires to enter into an
agreement for an emergency intertie for fire flow for the
proposed Lakeland Company Multifamily Development Area and
WEREAS the City of Auburns water service area abuts
BONNEY LAKEs water service area and Auburns system has
adequate infrastructure to provide the emergency intertie for
fire flow protection to the Multifamily Development Area
and
Resolution No 3019
November 17 1998
Page 2
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WHEREAS AUBURN is willing to provide emergency fire flow
to TLCs proposed Multifamily Development Area in
consideration of Lakelands agreement to pay to the City of
Auburn a fire flow development charge and
WHEREAS TLC pursuant to a separate agreement has
agreed to compensate the City of Auburn for Auburns providing
to Bonney Lake pursuant to this agreement an intertie for
emergency fire flows to the proposed Multifamily Development
Area
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute an Emergency Fire
Flow Protection Agreement between the City and the City of
Bonney Lake A copy of said Agreement is attached hereto
denominated as Exhibit A and made a part hereof as though
set forth in full herein
Section 2 The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
Resolution No 3019
November 17 1998
Page 3
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DATED this 7th day of December 1998
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED ASTO FORM
Michael J Reynolds
City Attorney
Resolution No 3019
November 17 1998
Page 4
EMERGENCY FIRE FLOWPROTECTION AGREEMENT
City of Auburn and the City of Bonney Lake
THIS AGREEMENT made and entered into by and between the City of
Auburn hereinafter referred to as AUBURN and the City of BONNEY LAKE
hereinafter referred to as BONNEY LAKE
WITNESSETH
WHEREAS By Resolution 2925 AUBURN approved an agreement with
BONNEY LAKE on water service and
WHEREAS By unanimous adoption at the March 2 1998 Council
Workshop BONNEY LAKE approved an agreement with AUBURN on water
service and
WHEREAS the Lakeland PUD in Pierce County is located in the
BONNEY LAKE water service area as defined in the 1995 Pierce County
Coordinated Water System Plan and
WHEREAS in the Lakeland Annexation and Utilities Agreement Ord
4867 and Amendment to the Lakeland Annexation and Utilities Agreement Res
2955 The Lakeland Company hereinafter referred to as TLC agreed to comply
with AUBURNsurban service standards and
WHEREAS by separateagreement The Lakeland PUD in Pierce County
is served by the AUBURN Fire Department as agreed in Section 16 of the
Amendment to the Lakeland Annexation and Utilities Agreement Res 2955 and
the Lakeland Annexation and Utilities Agreement Ord 4867 and
WHEREAS AUBURNsminimum fire flow service standard is 2500 gpm
for 3 hours with residual pressure of 20 psi as defined in the 1995
Comprehensive Water Plan and amended in 1997 by Ordinance 5051 and
WHEREAS TLC desires to build MultiFamily Developments Division 1
Phase 4 1P4 and Lots 56 and 7 hereinafter referred to as the MULTIFAMILY
DEVELOPMENT AREA in the immediate future within the Lakeland PUD in the
BONNEY LAKE Water Service Area
WHEREAS TLC has requested BONNEY LAKE enter into an agreement
with AUBURN to provide an emergency intertie for fire flow in order that TLCs
development meet AUBURNsfire flow service standards and
Emergency Fire Flow Protection Agreement
City ofAuburn and City of Bonney Lake
111398 Page 1 of 5
Exbi bit A
Resolution No
City of Auburn
3019
WHEREAS BONNEY LAKE is unable at this time to meet AUBURNsfire
flow requirements and desires to enter into an agreement for an emergency
intertie for fire flow for the proposed Lakeland Company MULTIFAMILY
DEVELOPMENT AREA and
WHEREAS AUBURNswater service area abuts BONNEY LAKEswater
service area and AUBURNssystem has adequate infrastructure to provide the
emergency intertie for fire flow protection to the MULTIFAMILY DEVELOPMENT
AREA and
WHEREAS AUBURN is willing to provide emergency fire flow toTLCs
proposed MULTIFAMILY DEVELOPMENT AREA in consideration of
Lakelands agreement to pay to AUBURN a fire flow development charge and
WHEREAS TLC pursuant to a separate agreement has agreed to
compensate AUBURN for AUBURNsproviding to BONNEY LAKE pursuant to
this agreement an intertie for emergency fire flows to the proposed
MULTIFAMILY DEVELOPMENT AREA and
NOW THEREFORE ITIS MUTUALLY AGREED as follows
In the event a fire flow emergency occurs withinthe Lakeland South Multi
Family Developments of Division 1 Phase 4 1P4 and Lots 5 6 and 7
hereinafter referred to as the MULTIFAMILY DEVELOPMENT AREA
requiring fire flows beyond what the BONNEY LAKE System can deliver the
AUBURN Fire Chief or hisher designee is hereby authorized to open the
valve in the water mainbetween the two systems to provide the required fire
flow
The authorization granted in section 1 above hereinis intended to serve as
emergency fire flow protection for the MULTIFAMILY DEVELOPMENT
AREA only Water shall not be withdrawn from the AUBURN Water System
for any other purpose than that described in section 1 without prior written
approval from AUBURN
A fire flow emergency is defined as a fire event that requires fire flow capacity
beyond that which the BONNEY LAKE System is able to provide as required
under AUBURNs 1995 Comprehensive Water Plan and amended in 1997 by
Ordinance 5051 to the MULTIFAMILY DEVELOPMENT AREA
In the event if it becomes necessary for the AUBURN Fire Chief or hisher
designee to open the valve as described in the above sections no fees will be
charged to BONNEY LAKE for water consumed
5 This agreement does not authorize or permit AUBURN to utilize water from
the BONNEY LAKE Water System
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
111398 Page 2 of 5
This agreement shall terminate whenBONNEY LAKE provides
documentation that demonstrates to AUBURN that infrastructure has been
developed to meet AUBURNsurban service standards for fire flow
o Each participant agrees to defend indemnify and hold harmless the other
participant from and against any liability loss cost damage or expense of
any kind and nature arising out of injury to person or damage to property in
any manner caused by the negligent act or omission of the indemnifying
individual participant in performance of its work pursuant to in connection with
this agreement
Should a dispute arise between the parties that cannot be resolved
satisfactorily a mediator mutually acceptable to the parties shall resolve the
dispute through the use of mediation at equal costto each party Should the
parties not be able to satisfactorily resolve the disputethrough mediation the
forum for resolution shall be Pierce County Superior Court The prevailing
party will be entitled to attorney fees and costs
9 If any provision of this agreement shall be unenforceable or invalid for any
reason the remaining sections shall be in force and effect
10 In the event TLC fails to make payment as provided in its Emergency Fire
Flow Protection Agreement with AUBURN AUBURN is under no obligation to
provide emergency fire flow to BONNEY LAKE for the MULTIFAMILY
DEVELOPMENT AREA
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
111398 Page 3 of 5
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
STATE OF WASHINGTON
SS
County of King
I certify that I know or have satisfactory evidence that Charles A Booth and
Danielle E Daskam were the persons who appeared before me and said
persons acknowledged that they signed this instrument on oathstated that they
were authorized to execute theinstrument and acknowledged it as the MAYOR
and CITY CLERK of the CITY OF AUBURN tobe the free and voluntary act of
such parties for the uses and purposes mentioned in this instrument
o 11
G Notaw Public p and forhe State of WashingtonWASresidingat
My appointment exires
Emergency Fire Flow Protection Agreement
City of Auburn and City ofBonney Lake
111398 Page 4 of 5
BOB6O
STATE OF WASHINGTON
SS
County ofPierce
I certify that I know or have satisfactory evidence that Bob Young was the person who
appeared before me and said person acknowledged that they signed this instrument on oath stated that
they were authorized to execute the instrument and acknowledged it as the MAYOR ofthe CITY OF
BONNEY LAKE to be the free and voluntary act of such parties for the uses and purposes mentioned
inthis instrument
Dated
Notary Public inand forleSate of Washington
residing at
My appointment expires Q
LMbd
REF HFACFAC2385E981268
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
111398 Page 5 of 5
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ORDINANCE NO 5 I 63
AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON AUTHORIZINGTHEMAYORTOEXECUTEANEWFRANCHISEAGREEMENTBETWEENTHECITYOFAUBURNANDPIERCECOUNTYTOCONSTRUCTOPERATEANDMAINTAINWATERPIPELINESFORAWATERSYSTEMOVERINALONGACROSSUNDERANDUPONCERTAINPUBLICROADSANDHIGHWAYSINPIERCECOUNTYWASHINGTONINTILSEPTEMBER2003
WHEREAS the City of Auburn wishes to expand their water
line system to areas outside the current boundaries and
WHEREAS the City of Auburn has applied to Pierce County
andhas been granted a nonexclusive ranchise to construct and
maintain water pipelines with appurtenances for a water system
in across under upon along and over certain public roads
and highways in Pierce County Washington as hereinafter set
forth
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DO ORDAIN AS FOLLOWS
Section 1 AGREEMENT The Mayor of the City of Auburn
is herewith authorized to execute a Franchise Agreement
between the City of Auburn and Pierce County to construct
operate and maintain water pipelines for a water system over
in across under and upon certain public roads and highways
in Pierce County Washington A copy of said Agreement is
attached hereto denominated as Exhibit A and a copy of
Pierce County Ordinance No 9872 approving the franchise is
Ordinance No 5163
September 30 1998
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1
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attachedhereto denominated as Exhibit B and made a part
hereof as though set forth in full herein
Section 2 AUTHORIZATION The
authorized to implement such administrative
Mayor is hereby
procedures as may
be necessary to carry out the directives of this legislation
Section 3 This Ordinance shall take effect and be in
force five 5 days from and after its passage approval and
publication as provided by law
INTRODUCED October 19 1998
PASSED October
APPROVED October
19 1998
19 1998
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
uPROVED AS TO FORM
Michael J ReynoldsCityAttorney
Published
Ordinance No 5163
SepteRber 30 1998
Page 2
9112020061
122D 082
Fo Pt 2800
ReturAddress
Sandy Bassett
Pierce County Council
930 Tacoma Ave S Roc 1046
lTacoma WA 98402
Please print lecbly or typenformaon
l OE6 I 6 1998
PIERCE COUNTY COUNCIL
Document Titles Or txansactions confined therein
1 Orddnance U o 72
3
4
Grantors Last name first then iht m and
1 Pierce County2
3
5 itAdditional Nam on P age of Document
Grantees Last ne rst then first name and in3rh
1 OrdSvmnce Numtr 9872
2
3
4
5 J Additiqnal Names on Page of Document
Legal Description Abbreviated iklot block plat or section oiv range
in Sections 5 6 7 8 Towrtp20 NoreJq Paage 4 lt
Legal Description i on Page 5 6 of Document
leferenceNumbers Of documents assigedor relied
na
AddolReice Nbeon Page of Dt
Assessors Properw TPceUAccotNber
Not assi
Auditoreeoer 1ryon e ofionmolded on cov sh estuff notcmenttoveHeacorcompItcssocenomdonprodhcr
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FILE NO 80
Sponsored by
Requestedby
PROPOSAL NO 9872
Councilmember Jan Shabro
County ExecutivePublic Works and Utilities Department
ORDINANCE NO 9875
AN ORDINANCE OF PIERCE COUNTY COUNCIL RANTIN A NONEXCLUSIFE
FRANCHISE TO k CITY OF AUBUIN A MUNICIPAL COPPOtATION OF T
STATE OF WASHINGTON FOR LOCATION OF WATER LINs ON CERTAIN
COUNTYOWNED RIGTSOFWAY AND ADaORIZIN A COUNTY EXECUTIVE
TO EXEu AZU FPNCHISE
WHEREAS The City of Auburn a municipal corporation of the State6fWashingtonhasappliedforanonexclusivefranchisetoconstruct
operate and maintain a water line system in across over upon
along and under certain County roads highways and other County
property in Pierce County Washington as hereinafter set forth and
WIERF2S Said application came onreglarly for hearing before
the Pierce County Council on the date set forth below under the
provisions of Chapter 3655 State SessionLaws of 1937 and
WHEREAS It appears to the Council that notice of said hearinghasbeendulygiventothepublicandthoseinterestedinprovidingthesameserviceappliedforbytheapplicantasrequiredbylawandthauitisinthpublicinteresttograntthefranchiseNOW
THEREFORE BE IT ORDAINEb by the Council of Pierce County
Section A nonexclusive franchise a cony of which is
attached hereto and identifiedas Exhibit A is hereby give and
i of2
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ORDINANCE NO 9872 continued
granted to the City of Auburn a municipal corporationofthe State of
Washington hereinafter referred to as the Grantee for aperiod of
five years from and after the date of filing of the franchisato be
granted with the Clerk of the Pierce County Council
Section The City of Auburn must indicate its full acceptance
of this franchise and all its terms and conditions within thity days
from the effective date ofthis Ordinance Said acceptance is to be
in writing and filed with the Clerk of the Pierce County Counciland
shall be a condition precedent to the validity of said fanchise and
unless the franchise is accepted within such time this grant of
permission shall be null and void
Section 3 The Executive 9f Pierce County is hereby authorized
to execute said franchise
PASSED this S day of 1998
ATTEST PIERCE COUNTY COUNCILPierceCountyWashington
Clerk of theC6uncil Council Chair
Deputy rosecuigAttorney Appod Veedayof
this
1998
Approved s to nsurance d Bond Retirements Only
isk MagementPULIOiNNOC pt2 9 1998EPVDAr281982of2
9812020061
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EXHIBIT TO ORDN NO qf7
In the Matter of the Application of
the City of Auburn a municipal
corporation of the State ofWashington
for a franchiseto construct operate
and maintain water pipelines for a
Water System over in along across
under and upon certain Public Roads
and Highways in Pierce County Washington
EXHIBIT
FR A N C H I S g
Application of City of Auburn a municipal corporation of the
State of Washington for a nonexclusive franchise to construct and
maintain water pipelines with appurtenances for a water systiem in
across under upon along and over certain public roads and highwaysinPierceCountyWashingtonashereinaftersetforthhavingcome
on regularly for hearing before the County Council of ecbCountyWashingtonundertheprovisionsofChapter3655RevisedCodeof
Washington and it appearing to the Council that notice of said
Hearing has been duly given as required by law and that it is in the
public interest to grant the franchise herein granted
NOW TbEREFOPE ITIS ORDD that a franchise be ad the sameisherebygivenandgrantedtoCityofAuburnamunicipal
corporation of the State of Washington hereinafter called the
Grantee for a term of five 5 years from and after the date of
filing this franchise with the Clerk of the Pierce County Comcil
This franchise is a license for the privilege and authority to
construct maintain and operate for the said period of time a water
pipeline with appurtenances for a water system in acr0s uder
9812020061
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EXHIBIT A TO
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upon along and over the public roads and highways in Pierce County
Washington to wit
BEGINNING AT THE ESTERLY MARGIN OF THE BURLINGTON NORTHERN
PALROADRIGHTOFWAY A NORTHERN PACIFIC PAILROAD
RIGHTOFWAY AT T NORTH BOUNDARy OF SECTION TOWNSHIp 20
NORTH RANGE 4 EAST WM THENCE EASTERLY ALONG SAID NORTH
BOUNDARY OF SECTION TO TFE NORTH4EST coRNER OF SECTION 6
TOWNSHIP 20 NORTH PAGE 5 EAST WM THENCE EASTERLY ALONG
NORTH BOUNDARy OF SAID SECTION 6 AND ALONG THE NORTH BOUIDRy OF
SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST WM TO THE NORTiEAST
CORR OF SAID SECTION 5 TRNCE SOUTHERLY DLONG THE EAST
BOUDARY OF SAID SECTION 5 TO EASTERLY tRGINOF182nd
AVENUE EAST TpNCE SOUTRLy DLONG SAID EASTERLy FtARGIiN OF
182nd AVENuS FST TO cIE SOUTELy 5LRGiN OF 6th STREET EAST
AK3 NORTH TAPPS RODD THENCE WESTERLY LONG SAID SOUTHERLY
ARGIN OF 16th STREET EAST TO A POINT ON THE SOUTH BOUArDDRy OF
THE NORTH 3000 FEET OF T NORTAST QURTER OF SECTION 8
TOWNSHIP 20 NORE RmNGE 5 AST WM THENCE WESTERLY ALONG SAID
SOUTH BOUNDARy OF THE NORTH 3000 FEET OF THE NORTEJtST QURTER
OF SECTION 8 TO F2E SOUghT COPNER TIREOF THENCE NORTPRLy
ALONG THE WESTERLY BOUNDARy OF SAID NOR mAqTQURTER OF SECTION
8 TO THE NORTnESTCORNER TREOFTHENCE WESTERLY DLONG SAID
NORTH BOLrNDARY OF SECTION 8 TO NORTiJIST CORNER OF NORTH
FLF OF TKE NORTWST QURTER OF SAID NORTH4EST QUARTER OF
SECTION 8 TLENCESOUTHERLY ALONG THE EAST BOUNDARy OF SAID
NORTH HALF OF THE NORTHWEST QUARTER OF THE NORn4ESTQUARTER OF
SECTION 8 TO THE SOUTAST CORNER THEREOF TiEENCE WESTERLY DLONG
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EXHIBIT A TO
THE SOUTH BOUNDARY QF SAID NORTH HALF OF THE NORTHWEST QUARTER
OF NORTHWEST QUARTER OF SECTION 8 TO THE SOUTHWEST CORiER
THEREOF THENCENORTHERLY ALONG T WEST BOUNDARy OF SAID
SECTION 8 TOTHE SOUTHEAST CORNER OF THE NORTH 33000 FEET OF
THE NORTHST QUARTER OF SECTION 7 TOWNSHIP 20 NORTH RANGE 5
EAST WM TBNCE WESTERLY ALONG SOUTH BOUNDARy OF SAID
NORTH 33000 FEET OF THE NORTHEAST QUARTER OF SECTION 7 TO
SOUTHWEST CORNER THEREOF THENCE NORTHERLY TO THE SOUTE T
CORNER OF THE SOUTTST QUltRTER OF SAID SECTION 6 TFNCE
WESTERLy ALONG SOUTH BOUNDARy OF SAID SECTION 6 TO
SOTrnASTCORNER OF GOVERNMENT LOT No 7 IN SAID SECTION 6
THENCE NORTHERLy ALONG TF AST BOUNDARY OF SAiD GOVERiNEITLOT
No 7 TO THE NORTHEAST CORbEK REOF THENCE WSTERLy DNG T
NORTH BOUNDARY OF SAID GOVERNMENT LoT No 7 TO T
MARGIN OF SAID BURLINGTON NORTTT RAILROAD RIGHTOFWAY TENCE
NORTHERLY ALONG SAID EASTERLY MARGIN OF TF BURLINGTON NORTEEN
RAILROAD RIGHTOFWAY TO T POINT OF BEGINNING
In the construction andinstallations of water system
appurtenances and the excavation of trenches on county roads for the
purposes of laying relaying connecting disconnecting
repairing mains and pipes and making connections between the same to
the dwellings and othe buildings of the consumers the Grantee shall
be governed by and conform to the general rules adopted by th Public
Works and Utilities Transportation Sevices of Pierce County
Washington and the rantee at no expense to the County shall
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complete all such work and shall repair the county roads and leave
the same in as good condition as before the work was commenced
PROVIDED HOWEVER that no such work shall be done prior to the
obtaining of a permit therefor issued by the Pierce County Public
Works and Utilities Director hereinafter Director which permits
shall set forth conditions pertaining to the work to be done and
specifications for the restoration of the roads to the same condition
as they were prior to such work and PROVIDED FURTFR the Director
may in his or her discretion reuire a bond in a sum sufficient to
guarantee to Pierce County that such roads shall be restored to the
same condition as existed prior to such work If the Grantee does
not repair the county roads to the satisfaction of the Direczor the
County Department of Public Works and Utilities Transportaiion
Sevices may at its sole discretion repair such county roads or
cause them to be repaired and the Grantee hereby agrees to reimburse
the County of Pierce for the cost of such work including overhead
The water mains and ppes shall be laid down as directed by the
Director at a depth of not less than hirtysix inches below the
surface of the ground along the county roads and in such a marhner as
not to interfere unnecessariywith the construction of sewersand
drains nor with the gading of the county roads All surface
appurtenances to the water system shall be installed or conssructed
as approved by the Director
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III
All work done under this franchise shall be done in a thorough
and professional manner During the laying of water pipes and
conduits and the digging of itches therefor the Grantee shall leave
ditches in such a way as to interfere as little as possible with
public travel and shall take all due and necessary precautions to
insure that damage or injury shall not occur or arise by reason of
such work and that where any ditches or trenches are left open at
night the Grantee shall plae at all crossings suitable lights in
such a position o uard against danger and the Grantee shall be
liable for all properydamage or personal injury which may be caused
by reason of any injury sustained through its negligence by reason of
any person animal or property being injured through ay negligence
of the Grantee or by reasonof any damage caused tSrough he neect
to properly uard any ditches or trenches dug or maintained by the
Grantee The Direct0r may specify actions to be taken to insure the
safety of the public and the Grantee shall comply with such
specifications
IV
The County of Pierce in he ranting of tisfrchlse does not
waive any rights which it now holds or may hereafter acquire and this
order shall not be construed so as to deprive the County of Pierce of
any powers rights or rivileges which it now has or may hereafter
cquireincluding the right of eminent domain to regulate the use
and control of the county roads covered by this franchise or to go
upon any and all county roads and highways for the puzose of
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constructing and improvigg the same in such a manner as the County of
Pierce or its representatives may elect
V
Grantee shall provide a certificate of insurance showing
evidence of commercial general liability and property damage
liability insurance which includez but iz not limited to the
operations Of the Grantee the Granteesprotective liability
productscompleted operations coverage broad form barket
contractual liability
Commercial General Liability InsuranceBodilyInjuryLiability
Property Damage Liability
000000 Each
250000 Each
or
CONED SINGLE
LIMIT COVERAGE OF
1000000
The eneral recpirements of the policy shall contain
Pierce County is named as an additional insured as respects
in this lease and such insurance as is carried by the
Grantee for the operation of its facility
In the event of nonrenewal cancellation or material
change in the coverage provided thirty days written
will be furnished to the County prior to the date of non
renewal cancellation or change Such notice shall be
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sent to the Director Public Works and Utilities
Transportation Services 2401 South 35th Street Suite 150
Tacoma Washington 98409
Pierce County has no obligation to report occurrences to
the insurance companies unless a claim is filed with the
Pierce County Council and Pierce County has no obligations
to pay premiums
The Granteesinsurance policies shall contain a cross
liability endorsement substantially as follows The
inclusion of more than one Insured under this policy shall
not affect the rights of any Insured as respects uny claim
suit or judgment made or brought by or for any other
insured or by or for any eployee of any other insured
This policy shall protect each Insured in the same manner
as though a separate policy has been issued to each except
that nothing herein shall operate to increase the companystliabilitybeyondtheamountoramountsforwhichthe
CODan would have been liable had only one Insured been
named
The Granteesinsurance is primary over any insurance that
may be carried by Pierce County Gantee agrees to provide
proof of insurance each year to Pierce County
The Grantee agrees to defend indemnify and save harmless
9812020061
EXHIBIT A TO
PierceCountyitsappointedandelectedofficialsandemployees2fromandagainstalllossorexpenseincludingbutnotlimitedto3judgmentssettlementsattorneysfeesandcostsbyreasonsofany4andallclaimsanddemandsupontheCountyitselectedorappointed5officialsoremployeesfordamagesbecauseofpersonalorbodily6injuryincludingdeathatanytimeresultingtherefromsustainedby7anypersonorpersonsandonaccountofdamagetoroDertyincluding8lossofusethereofwhethersuchinjurytopersonsordamageto9propertyisduetothenegligenceoftheGranteeitscontractorst0itsortheiremployeesoragentsPierceCountyitsappointedor11 electedofficersoritsemployeesoragentsexceptonlysdchinjury12ordamageasshallhavebeenoccasionedbythesolenegligenceof3PierceCountyits appointed or electedofficialsor employees15Iftheclaimsuitoractionforinjuriesdeathordamagesas16providedforintheprecedingparagraphofthisfranchiseagreement17iscausedbyorresultsfromtheconcurrentnegligenceofaPierce18CountyorPierceCountysagentsoremployeesandbtheGant19ortheGrinteesagentoremployeestheindemnityprovisions20providedforintheprecedingparagraphofthisfranchiseshallbe21validandenforceableonlytotheextentoftheGrantees negligence
2223Granteespecificallyandexpresslywaivesanyimmunityder24IndustrialInsuranceTitle51RCWandacknowledgesthatthiswaiver25wasmutuallyagreeduponbythepartiesherein262728981202006
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EXhibIT A TO
If at any time the County of Pierce shall vacate any public
street road or alley which is subject to rights granted by this
franchise the Pierce County Council may at their option and bygivingthirtydaysWrittennoticetotheGranteeitssuccessors and
assigns terminate this franchise with reference to such county road
street or alley so acquired and the County of Pierce shall not be
liable forany damages or loss to the Grantee by reason of such
termination
VII
12 If at any time a new county road is created or established13andconstructedoranexistingcountyroadisreconstructed
14 realigned or its grade is changed or if sewer or drainage
15 facilities or any other facilities within future or existing county16roadrightofwayareconstructedreconstructedmaintainedor17relocatedallsuchworktobecalledCountyProjectshereinafter18andiftheinstallationofthefacilitiesasallowedinthis
19 franchise and all supplements and changes thereto should interfere20inanymannerwithanysuchcountyprojectsthentheGanteeatno21expensetothePiercecountyshalluponnoticechangethelocation22oradjusttheelevationofitsfacilitiessothatsuchfacilities23shallnotinterferewithsuchcountyprojects
24 When relocation of Grantees facilities are required by such5countyprojectsthefollowingproceduresshallbefollowed
26
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EXHSiT A TO
Pierce County shall make available to Grantee a list of
anticipated projects for each new budget period as soon
as is reasonably practicable
Pierce County shall provide to Grantee two sets of
preliminary plans for individual projects as soon as such
plans are developed to a state of reasonable certainty
and shall advise Grantee of the anticipated date of start
of work on such projects
3 o Grantee shall when requested by Pierce County n
writing locate their facilities in the field show those
locations on one set of the preliminary plans provided
and return that set to Pierce County Public Works and
Utilities Transportation Services within four weeks of
receiving the written request
Pierce County shall provide to Grantee final plans for
such projects as soon as such plans are available and
shall confirm or correct the anticipated date of start of
work on such projects
5 Pierce County shall assist Grantee in determinin how its
facilitiesshatl be relocated Such assistance by Pierce
County shall include at a minimum copies of plans as
reired above and specifications for such county
projects and information known to Pierce County as to
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EXhibIT A TO
existing survey control available for location of such
county projects Such assistance shall not subject
Pierce County to any liability for the costs of
relocating the sbject facilities a second time if
Grantee incorrectly relocated its faciliies the first
time
When recuested Pierce County and Grantee shall meet to
discuss how county projects and utility relocations can
be accomplished with the least impact on the other
Pierce Countys decision shall be final in such matters
but shall not be unreasonable
Relocation of Granteesfacilities shall be completed in
a timely manner defined as follows
Relocation of Granteesfacilities shall normally be
accomplished in advance of county projects In the
event relocation of Granteesfacilities shall be
done concurrently with such projects Pierce County
shall be so notified and agree to a written schedule
for relocation Compliance with such a written
schedule shall be Grantees duty In no event shail
relocation of Granees faciities interfere with
the prosecution of county projects
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A TO 32
If Grantee should not relocate its facilities in a timely
manner as required above Pierce County may relocate or
cause to be relocated such facilities of Grantee a
Pierce County deems necessary and in the manner Pierce
County deems necessary in its sole discretion Grantee
hereby indemnifies and holds Pierce County its
employees officers officials and aentstotally free
and harmless from all and any liaiitywhich may arise
from damages caused by the relocation by Pierce County of
the facilities of Grantee even if such damages an
liability arise from the negligence of Pierce County its
employees officers officials and agents
Grantee hereby indeuifies and hold harTness Pierce
County its officers officials and employees from
damages which may arise from Granteessfailure to
relocate its facilities in accordance with the dates for
completion of relocation of facilities set forth above
or any other act or omission by Grantee its
contractors agents officers or employees related to
the provisions of this franchise
10 It shall be conclusively presumed that Pierce County will
have suffered damages as a result of exercising its
rights as set forth in Item 8 above and compensation
for such damages will be difficult to ascertain and
therefore Grantee shall compensate Pierce County for
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EXHIBIT A TO
such damages in the amount of twice the amount of the
cost of such relocation of Granteesfacilities by Pierce
County
11 The exercise of its rights as set forth n Item 8
above by Pierce County in no way relieves Grantee of
completing andor finalizing the relocation of its
facilities at n exp ense to Pierce County if the
relocation work done by Pierce County is incomplete
12 in theevent a law suit is brought by Pierce County
against Grantee to collect damages presumed under Item
10 above for the exercise by Pierce County of its
rights under Item 8 above Grantee hereby agrees the
only issue will be the actual cost to Pierce County for
relocating Granteesfacilities The party prevailing in
such an action shall be allowed its legal fees and costs
VIIi
The Grantee shall not sell transfer or assign this franchise
without first securing the written permission to do so upon such
terms and conditions as determined by the Council of Pierce County
If such permission is granted the terms and conditions set forth
herein shall be binding on the Granteessuccessors and assigns
unless others are imposed by the Council of Pierce County when such
permission is granted
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EXHIBIT A TO
This franchise is granted upon the further express condition that
it shall not be an exclusivefranchise and shall not in any manner
prohibit the County of Piere from granting any othe franchise over
in along under upon and across any of the said county roads of
any kind and character or territories that may be deemed proper by
the Pierce County Council and this franchise shall not in any way
prevent the County of Pierce from using the county roads and
highways or affect the jurisdiction over them and eveq part of them
by the County of Pierce with full power to make the necessary
repairs changes and alterations in the sameand like maDa as
though this franchise had never been granted
Pierce County reserves for itself the right to so change amend
modify or amplify this franchise to conform to any state staue
order of the Washington Utilities and Transportation Commission or
county renuetlon ordinance or rightofway regulation as may
hereafter be enacted adopted or promulgated Dd this franchise may
be terminated at any time upon ninety days written notice to the
Grantee to teminate this franchise if the Grantee fails to comply
with its tems and conditions or if the Grantee fails to comply witk
such changes amendments modifications or amplifications and upon
termination Pierce County shall have a lien upon all equipment and
materials erected or placed under this frenchse which lien may be
enforced to reimburse Pierce County for any reasonable expenses nd
payments incurred in terminating this franchise and to cure defaults
by the Grantee
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EXHiSiTI A TO 6 f
Grantee agrees to and shall provide available financial
information to the County upon reasonable reoest Granteeagrees to
and shall during regular business hours and at its office located in
Pierce County Washington allow agents of Pierce County access for
inspection and reproduction of all of Granteesbusiness records
gross revenue reports or rules and regulations relevant to a
determination of the gross revenues received by Grantee from the area
served by the facilities permitted by this franchise
x
In the event that the territory covered by this franchise shall
at any time during the franchise period be included within the limits
of any incorporated city or town the authorities of said city or
town shall have the right to be exercised at their discretion to
acquire by purchase or condemnation ny part of such pipes conduits
and water system other than transmission lines at a price to be based
upon the reasonable value of the same at the time without any
additional value for the franchise or ny unexpired period thereof
and upon uch acquirement this grant and franchise shall immediately
terminate
XI
Grantee acknowledges that Pierce County Charter Section 920
franchises provides in part All franchises hall be subject to the
right of the County or the people acting for themselves through
referendum to repeal for cause amend or modify the franchise in
the interest of the public and agrees to said condition
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Any failure to render adequateservice to the patrons of said water
system or the discontinuance of such water sevices without fault on
the part of the patron or ptrons involved for a period of thirty
days shall work a forfeiture of this franchise at the discretion of
the Pierce County Council unless the failure should result from
causes beyond human control
XIII
Venueand jurisdiction for any controversy arising from his
franchise shall be in Pierce County Washington
XIV
The full acceptance of this franchise and all its terms and
conditions within thirty days from September 28 1998 by
the City of Auburn a municipal corporationofthe State of
Washington in writing is to be filed withthe Clerk of the Pierce
County Council and shall be a condition precedent to its taking
effect ad unless thefranchise is accepted within such time this
franchise shall be null and void
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EXH8T A TO
Pursuant to RCW 3655090 a copy of this franchise shall be
recorded in the Office of the Pierce County Auditor
DATED at Tacoma Washington this 26th day of OctOber
City of Auburn a uncial cor0oration of the State ofWashingtonacceptsandagreetocoplywithailthetemsandconditionsofthisfranchise
Name
Charles A Booth
Name Printed
Title
City of Auburn a municipal couoration of the SateofWashington
october 19 1998
Date
Pierce County
Office of the County Council
930 Tacoma Avenue South Room 1046
Tacoma Washington 984022176
253 7987777
FAX 253 7987509
18009922456
STATE OF WASHINGTON
COUNTY OF PIERCE
I SANDY BASSETT Deputy Clerk ofthe Pieme County Council do hereby certify that the
attached is a full true and correct copy of the following document
ORDINANCE NO 9872
The original ofthis document is currently located in the Office of the Pierce County Council
930 Tacoma Avenue South Room 1046Tacoma Washington 98402
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of Pierce
County Washington this 32CLlday of tll9L 1998
PIERCE COUNTY COUNCIL
PIERCE COUNTY WASHINGTON
Sandy Basjtt
Deputy erk of the Council
9812020061
SEC 012004
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EXHilT A TO
Pursuant to RCW 3655080 a copy ofthis franchise shall be
recorded in the Office of the Pierce County Auditor
DATED at Tacoma Washington this 26th day of October
eourf kecutive
City of Auburn M municipal corporation of the State ofWashingtonacceptsandagreestocomplywithalltheterms andconditionsofthisfranchise
Charles A Booth
Name Printed
Mor
Title
City of Auburn a municipal corporation of the StateofWashington
October 19 1998
Date
1 RESOLUTION NO 2 955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
FIRST AMENDMENT TO LAKELAND ANNEXATION T G
4 BETWEEN THE CITY AND THE LAKELAND COMPANY INC
5
WHEREAS the City and The Lakeland Company Inc have
previously entered into the Lakeland Annexation and Utilities
7
Agreement in June1996 and
8
WHEREAS disputes arose between the parties on the
9
interpretation and enforcement of the said Agreement and the
10
parties now desire to resolve any disputes with respect to
that Agreement and with respect to all claims and obligations12
between the parties arising from events which predate the
execution on of this Agreement14
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN5
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
18
RESOLVES AS FOLLOWS
17
Section 1 The Mayor and City Clerk of the City of
18
19 Auburn are herewith authorized to execute First Amendment to
20 Lakeland Annexation and Utilities Agreement with The Lakeland
2 Company Inc A copy of said Agreement is attached hereto
22 denominated as Exhibit A and made a part hereof as though
23 set forth in full herein
24
25
28
Resolution No 2955
April 29 1998
Page 1
1 Section 2 The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
3
out the directives of this legislation
4
DATED this 4t day of May 1998
5
CITY OF AUBURN
7
9
CHARLES A BOOTH
10 MAYOR
11
ATTEST
13
14
D
15 DanelleE Daskam8CityClerk
7
18
APPROVED ASTO FORM19
21
Michael J Reynolds22CityAttorney
2S
24
25
26
Resolution No 2955
April 29 1998
Page 2
PIEFCE COLINTY WA
9805210624
52119 0149 ml
Fee t 15700
AUDITORSNOTE
LEGIB1LffY FOR RECORDING AND COPYING UII
SATISFACTORY IN A PORTION OF THI INSTRU
Return Address
Auburn City Cerk
Cil of Auburn
25 West Main St
Auburn WA 98001
RECORDERS COVER SHEET
Document Titles or transactions contained therein
1 Amendment to Lakeland Anneation and Utilities Agreement
2
4
Reference Numbersof Documents assigned or released NONE
Additional reference s on page 3 of document
Grantee Last name first thenfirst name and initials
1 The Lakeland Company
2
3
4
Grantor Last name first
1 AUBURN CITY OF
2
3
4
Legal Description abbreviated ielot block plat or section township range
SEC 6 TWP 20 N Range 5
Additional legal is on page 31 of document
AssessorsProperty Tax ParcelAccount Number 0520061012 05200610130520061014
0520052038 05200610150520052039 0520061016052008200605200820100520064000 0520063000 0520053001
052005300405200530140520053004 0520053014 052005300405200530140520053008 05200530420520051032
0520051001 0520051003 052007100105200530410520062007052006202705200620280520053038 0520053030
05200630000520064000 0520063008
Assessor Tax not yet assigned
9010G4
AMENDMENT
TO
LAKELAND ANNEXATION AND UTILITIES AGREEMENT
THIS AGREEMENT made and entered intothis day of
1998 by and between the CITY OF AUBURN a
municipal corporation organized under Title 35A Optional
Municipal Code hereinafter referred to as CITY and THE
LAKELAND COMPANY INC a Washington corporation its heirs
successors and assigns and all related entities and all
shareholders andor owners jointly and severally and their
marital communities including all parties that have an
interest in the property affected by this Agreement herein
referred to as TLC
WHEREAS the parties to this Agreement have previously
entered into the Lakeland Annexation and Utilities
Agreement referred to as PREANNEXATIONUTILITIES
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 1 cagreernjrfinat
9805ZIOGZ4
AGREEMENT in June 1996 which agreement was approved by
Auburn City Council under Ordinance No 4867 and
WHEREAS disputes arose between the parties on the
interpretation and enforcement of the Pre
AnnexationUtilities Agreement referred to above and the
parties desire to resolve any disputes with respect to all
claims and obligations between the parties arising from
events which predate the execution of this Agreement and
WHEREAS the parties desire to end all disputes and
claims including any and all claims for damages attorney
fees and costs arising from events which predate the
execution of this Agreement and
WHEREAS the parties have engaged in numerous meetings
to resolve all issues between the parties and this Agreement
reflects a compromised position between the parties for the
purposes of attaining a complete settlement and
WHEREAS it is the intent of this Agreement that the
agreement entitled Lakeland Annexation and Utilities
Agreement recorded under Recording No 9608120131 shall
remain inforce and effect except as specifically amended by
this Agreement and
WHEREAS the parties acknowledge that a dispute existed
between the City of Bonney Lake and the CITY with respect to
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water service which dispute has been settled between the
City of Bonney Lake and the CITY and in such settlement
comments were taken from TLC and incorporated into the final
Settlement Agreement between the CITY and Bonney Lake and
WHEREAS it is the intent of the parties that the CITY
proceed with the annexation of the TLC property and that TLC
develops that property which is either annexed or will be
annexed in accordance with the standards and land use
polices and procedures of the CITY and
WHEREAS this Agreement and the requirements for any
monetary payment from TLC to the CITY under this Agreement
were specifically requested by TLC to result in a more
marketable development for TLC and any payments are
acknowledged to be not requested by the CITY but placed in
the Agreement by TLC unilaterally and is not considered
payment under RCW 8202020 and
WHEREAS the parties acknowledge that TLC in
cooperation with the State of Washington and other local
government units other than the City of Auburn is
proceeding with the construction of the certain portions of
the Lake Tapps Parkway East as defined in a mitigation
agreement executed between Pierce County and TLC and that
the CITY has no responsibility to construct make any
LeldResolutionNo2955 ELibit A
May 6 1998 Page 3 cagreemjrfinat
9805t064
payments nor guarantee in any way any obligations for the
construction of TLCs portion of the Parkway project
However the parties acknowledge the importance of this
construction project to TLC and that the execution of this
Agreement is vital to TLCs ability to secure financing for
its construction and understand that the sole purpose of
the expedited handling of this Agreement is to obtain a
resolution of disputes prior to May 4 1998 May 4 1998 is
a TLC funding date which requires this Agreement for TLC to
obtain the necessary funding to construct this roadway and
WHEREAS the parties acknowledge the existence of an
Agreement referred to as the Crabtree Agreement and agree
that the settlement provisions in this Agreement settle all
disputes including but not limited to any claims that TLC
may have as a successor under the Crabtree Agreement and
WHEREAS the Crabtree Agreement and all its terms
including those terms relating to customer equivalent
charges for services expire on June 6 1998 and
WHEREAS the parties agree that TLC has had input with
regard to the resolution of the CITY and the City of Bonney
Lake dispute and agree that the settlement provisions in
this Agreement settle any claims TLC may have against the
CITY with respect to water including but not limited to the
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providing of water the providing of water pressure fire
flow or any other claims related to the water utility
NOW THEREFORE BASED UPON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS
1 LAKELAND ANNEXATION AND UTILITIES AGREEMENT
The parties reaffirm the terms and conditions of
the Lakeland Annexation and Utilities Agreement recorded
under Recording No 9608120131 except as specifically
amended herein
This Agreement affects that real property identified
on the map attachedhereto and incorporated by reference as
Exhibit 1 and legally described on attached Exhibit 2
hereafter referred to as TLC Property
3 DEVELOPMENTALAPPROVALS FROM PIERCE COUNTY
The parties acknowledge that as provided in the
PREANNEXATIONUTILITIES AGREEMENT paragraphs 2229213
and 41 prior to annexation of the subject project TLC
must obtain developmental approvals from Pierce County and
in so doing agrees to comply with the Pierce County
requirements and the CITY standards and land use polices and
procedures
In the event that the imposition of CITY standards
on a development application submitted to Pierce County for
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an area not yet annexed to the CITY would result in the
denial of the application by Pierce County then the Pierce
County standard will prevail The CITY agrees to provide
sewer service consistent with the terms and conditions of
this Agreement
4 POLICE AND FIRE SERVICES
Upon annexation the CITY will provide to the area
annexed police and fire services that it provides to its
other citizens Fire service shall be provided to the
annexed property provided that TLC has met all requirements
of ACC Titles 15 and Chapter 1316 as it relates to fire
flow and provided that the CITY may contract fire services
ifit cannot practicably provide fire service to some of the
annexed area Sprinklers shall be required for multifamily
and commercial development Sprinklers shall be required
for singlefamily residential development only if necessary
to satisfy the CITYs fire flow standards as described in
Title 15
5 PARKS
Paragraph 45 Parks of the PREANNEXATION
UTILITIES AGREEMENT is amended to read as follows
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 6 cagreernjrfinat
9805ZtOGg4
45a TLC shall dedicate to CITY one
developed 15acre park one undeveloped 15acre park two
developed 5acre parks and a linear park along Lakeland
Hills Way for a total of approximately 4291 acres
45b The parks will be located as indicated
on Exhibit 1 Except for the linear park and Park P4 the
topography and soil conditions shall be approved by the CITY
to ensure each site is suitable for active park use The
CITY has reviewed Park P4 and agrees to accept this
undeveloped park as is The park locations indicated on
Exhibit 1 are acceptable to the CITY However the parties
acknowledge that in order to locate the parks where
indicated on Exhibit 1 TLC must obtain a major amendment
approval pursuant to Pierce County Code TLC agrees to
process the major amendment application by submitting an
application to the CITY and Pierce County concurrently
within 30days of execution of this Agreement While
reserving the right to review any other aspects of the major
amendment the CITY agrees not to object to the proposed
park locations
45c As soon as reasonably possible upon
legal segregation but no later than six months after
approval of the preliminary plat for Lakeland Division One
LeldResolutionNo2955ExhibitA
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TLC shall dedicate Park P4 to the CITY The linear park
depicted on Exhibit 1 shall be designed to standards
approved by the CITY Parks Director and shall be developed
concurrent with construction of Lakeland Hills Way The
CITY agrees that TLCs commitment to dedicate Park P4 and
the linear park as described in this Agreement satisfies
the CITYs concurrency and mitigation requirements for
issuance of 800 residential building permits Prior to the
issuance of residential building permits for 801 dwelling
units within the PUD TLC shall develop and dedicate Park P2
to the CITY or make arrangements for dedication and use
acceptable to the CITY as necessitated by financing CITY
and TLC agree that upon dedication of Parks P2 and P4 TLC
shall have satisfied concurrency requirements for the
issuance of residential building permits for a total of
2173 dwelling units Thereafter prior to the issuance of
residential building permits for dwelling units in excess of
a total of 2173 CITY and TLC agree that additional park
improvements must be dedicated to CITY or the land
dedicated the improvements bonded and an improvement
schedule agreed upon consistent with the formula described
below
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 8 cagreemjrfina
9805ZX0624
The ratio of improved parks required per thousand
population shall be calculated based upon the following
mathematical assumptions
3408 units approved in Lakeland South
4291 acres of both improved and
unimproved parks required
28 residents per household assumed for
conversion of people to units
Accordingly the ratio of improved park required
per thousand population shall be calculated as follows
Total 4291 acs 3408 x 28 9542
45 acres combined parks1000
population
Less 150 acs 739 x 28 2069 725
acres of unimproved park1000
2791 acs2669 x 28 7473 373 acres
of unimproved park1000
Based upon the foregoing calculations TLC shall
be entitled to the issuance of 9562 residential building
permits for each acre of improved park dedicated to the CITY
or unimprovedbonded park dedicated to the CITY
44 TLC and CITY shall work cooperatively in
development of specific plans that meet CITY park standards
Each party shall respond promptly to proposals and
submittals relating to the design and construction of park
improvements The CITY reserves final approval authority of
park plans and CITY approval must be granted prior to
LelResoionNo2955ExhibkA
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construction The level of improvements required in Parks
P1 P2 and P3 shall be based upon 182 per square foot of
total park areas for P1 P2 and P3 The cost per square
foot is based upon improvements made to Lakeland Hills Park
in 1992 and the improvements shall be made at that rate
adjusted by Consumer Price Index from 1992 until the date of
Park plan approval by the CITY The CITY has the right to
distribute improvement funds between and among the Parks but
in any event TLCs financial obligation shall not exceed
the total per square foot cost as specified above
45d The CITY shall assume the responsibility
for proper maintenance of the parks dedicated to it
provided however that the CITY may allow TLC to provide
additional maintenance within parks dedicated to the CITY
with the CITYs written consent Except for Park P4 TLC
must give CITY 1year notice prior to dedication of any park
land to the CITY
45e TLC andor appropriate homeowner
associations agree to develop own maintain repair and
pay real estate taxes and assessments if any on all other
park areas indicated on Exhibit 1 which are less than five
acres in size
LakelandResolution No 2955 Exhibit A
May 6 1998 Page l0 cagreelmjrfinatl
9805ZX064
45f The CITY agrees that TLCs satisfactory
performance of the terms contained in this Section of the
Agreement shall constitute full and complete satisfaction of
the CITYs park standards and requirements and shall be
deemed to meet all park mitigation and concurrency
requirements for the development of the TLC Property
45g TLC agrees that any park impact fees
paid to Pierce County pursuant to Pierce County requirements
will not affect or reduce the park commitments to the CITY
contained in this Agreement
45h In addition to the parks referenced in
this Section TLC agrees to develop recreational trails
within the relocated power line haul road depicted on
Exhibit 1 pursuant to a design and construction schedule to
be mutually determined by CITY and TLC Upon completion of
trail construction maintenance of this recreational trail
shall be the responsibility of the CITY
6 INSPECTING AGENCY
A building permit that has been issued by Pierce
County shall be inspected by Pierce County even if the
subject property is annexed after permit approval Building
permits approved by the CITY shall be inspected by the CITY
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 11 cagreemjrfnat
9805Z10624
7 COVENANT RUNNING WITH THE LAND
The parties agree that this Agreement is a
covenant running with the land and is binding and benefiting
the TLC Property In order to insure that purchasers of
homes rental commercial or other properties may obtain
title free of the encumbrances of this Agreement the
issuance of a building permit for such property shall be
satisfactory evidence of compliance with all provisions of
this Agreement
8 SCHOOL IMPACT FEE ORDINANCE
The parties acknowledge that at the request of the
Dieringer School District and without objection by TLC the
CITY has enacted a School Impact Fee Ordinance TLC agrees
not to challenge the School Impact Fee Ordinance and agrees
not challenge any school impact fees up to 1425 for single
family and 750 for multifamily The CITY reserves the
right to increase the above fees in the future TLC reserves
the right to challenge any school impact fees which exceed
the above stated amounts
9 PROTOCOL FOR SUBMISSION OF APPLICATIONS
Paragraph 41b of the PREANNEXATIONUTILITIES
AGREEMENT is amended as follows
LeldResolutionNo2955EibitA
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9805t064
For TLC Property not yet annexed and therefore
under Pierce County jurisdiction development applications
shall be submitted to Pierce County However TLC agrees to
simultaneously submit all such applications except single
family building and grading permits to the CITY Except as
provided in paragraph 2 of this Agreement TLC agrees to
comply with all applicable CITY standards and land use
polices and procedures as determined by City Planning
Director Failure to comply with the provisions of this
paragraph shall be determined a Default of this
Agreement To assure such compliance TLC agrees to pay to
CITY liquidated damages in the amount of 1000 per day for
each day that development is in Default Notwithstanding
any other provision of this Agreement the liquidated
damages shall not begin to accrue if the Default is cured
within thirty 30 days from the date that the CITY mails or
delivers written notice of the Default to The Lakeland
Company PO Box 3866 Bellevue Washington 98009 If any
Default is capable of being cured and the cure cannot be
reasonable completed within the thirty 30 day cure period
the cure period shall be extended up to ninety 90 days so
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 13 cagreemjrfinal
9S05ZtOG2
long as TLC has commenced action to cure within the thirty
30 day cure period and is proceeding to cure the Default
with due diligence
The decision of the CITY Planning Director may be
appealed to the CITY Hearing Examiner within thirty 30
days from the date written decision The day of filing of
the appeal to the Hearing Examiner shall stay accrual of the
liquidated damages The stay of damages shall be released
on the effective date of the Hearing Examiners written
decision If the Hearing Examiners decision is appealed
pursuant to paragraph 53 of the PREANNEXATIONUTILITIES
AGREEMENT accrual of liquidated damages shall be stayed
again until a written decision is issued by the
mediatorarbitrator pursuant to provisions of Section 53 of
the PREANNEXATIONUTILITIES AGREEMENT However in no
event shall any stay following appeal of the Hearing
Examiners decision exceed ninety 90 days
Those permit applications filed with Pierce County
which are considered complete and approved by Pierce County
before annexation shall be built in compliance with the
conditions placed upon it by Pierce County and pursuant to
the conditions of this Agreement
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 14 cagreemjrfinat
98052X0624
10 RELEASES
The parties to this Agreement hereby release
discharge resolve and settle any and all claims arising
from events which predate the execution of this Agreement
including their officials employees staff consultants
shareholders owners attorneys and including attorney fees
and costs including but not limited to claims involving
providing of water or other utilities and any claims that
TLC may claim to have under the Crabtree Agreement This
Agreement is not intended to waive or release any claims or
address any disputes or potential disputes that TLC may have
with the City of Bonney Lake
TRANSPORTATIONParagraph43ofthePREANNEXATIONUTILITIESAGREEMENTisreplaced initsentiretybythefollowing
TLCagreestopaytheCITYatthetimeabuildingpermitisissuedbyeitherCITYorPierceCountythefollowing183957perdetachedsinglefamilyresidentialunit254494perattachedsinglefamilyormultifamilyunit318726perresidenceforresidentialunitswithintheseniorhousingzoneandLeldResoionNo2955EitAM61998Pel5rcagremjrfinat9805ZtO6g4
4 218 per gross foot
of commercial or retail structures
For building permits which are issued by Pierce
County prior to execution of this Agreement TLC shall pay
the above amounts for such permits within 30 days of
execution of this Agreement
The fee amounts described above shall be adjusted
to reflect the increase in the Consumer Price Index for the
SeattleMetropolitan area beginning as the base year January
1 2000 and on January 1st each year thereafter the
percentage difference of each year shall equal the
adjustment
Payment of these fees shall constitute complete
satisfaction of any transportation mitigation and
concurrency requirements for the development of the TLC
Property
TLC agrees that all streets shall be constructed
consistent with CITY standards including design criteria
construction specifications operational criteria and
approved engineering submittals except that the CITY may
agree to modify the standards for private streets
The parties acknowledge that there is a
transportation cap which will allow a generation of up to
LeldResolionNo2955ExhibitA
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9805111064
800 pm peak hour trips for TLC development and that the
development of TLC property subject to this Agreement cannot
exceed that capacity cap until the extension of Lakeland
Hills Way to the Lake Tapps Parkway and the construction of
TLCs portion of the Lake Tapps Parkway East connection 8th
Street East as required in the TLCPierce County
transportation mitigation agreement The Lake Tapps Parkway
East project is identified as Lake Tapps Parkway East
WEST MAP ID No 166 in the 19982003 Transportation
Improvement Program for Pierce County Upon completion of
The Lake Tapps Parkway East connection to 8th Street East as
described in the TLCPierce County transportation mitigation
agreement the transportation cap shall expire
The calculation of peak hour trips shall be
determined at building permit approval
The CITY shall consider the 800 pm peak hour trips
to be present in the transportation system in its review of
development applications for property not included in
Exhibits 1 and 2
12 STORM WATER
Paragraph 44a of the PREANNEXATIONUTILITIES
AGREEMENT is amended as follows
The CITY agrees to receive the storm water from the
LelResoionNo2955ExhitA
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DSOSZlO6g4
Lakeland property described herein subject to the
construction and dedication of necessary infrastructure
which meets CITY standards including design criteria
construction specifications operational criteria and
approved engineering submittals upon the effective date of
annexation under the same terms and conditions as storm
water is received from other developments within the CITY
including payment of any charges required by the CITYs
utility ordinances provided the water received from
properties in TLC property not yet annexed shall be of the
same quality and flow rate as from the property prior to
development shall not exceed the capacity of the CITYs
existing storm drainage system and shall be subject to the
same charges as any other property in the CITY for storm
water
The CITY and TLC acknowledge that substantial
materstorm drainage planning has been completed for TLC
properties in the form of the Comprehensive Drainage Plan
Lakeland Hills Development Area prepared by CH2Mhill
Engineers dated March 1991 and the Lakeland Hills South
Development Area Conceptual Storm Drainage Plan prepared by
StephenDowl Engineers dated March 1995 Both parties also
acknowledge that supplemental drainage basin information
LeldResoluonNo2955EibitA
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98052X0C4
will need to be developed by TLC to address changed
conditions such as the Lake Tapps Parkway certain
differences between CITY and County standards and impacts
associated with grading activities In addition the
parties agree that TLC will need to continue to develop more
precise drainage subbasin planning information to insure the
adequacy and timely staging of necessary storm drainage
facilities associated with specific development proposals
13 SANITARYSEWER
Paragraph 44b SEWER PREANNEXATIONUTILITIES
AGREEMENT is replaced in its entirety as follows
The CITY shall allow the TLC Property to connect
to the CITYs sanitary sewer utility under the same terms
and conditions as if the property were within the CITY
limits subject to obtaining expanded service area boundaries
and all other terms of this Agreement including but not
limited to Section 3 The CITY shall apply to Pierce
County for any franchise that would be required for the
property not yet annexed with the understanding that
applying for the franchise and any subsequent Pierce County
approval does not waive any conditions set forth herein for
the provision of sanitary sewer service
For the orderly development of its property TLC
teldResolmionNo2955EibitA
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9805Z10624
will need sanitary sewer from the CITY prior to CITYs
annexation of the subject property TLC agrees to construct
all sanitary sewer in accordance with CITY standards
including design criteria construction specifications
operational criteria and approved engineering submittals
and the CITY agrees upon verification of TLCs compliance
with its standards to connect to the CITY system the TLC
system for sanitary sewer upon payment of all charges set
forth in Auburn City Code
The CITY and TLC acknowledge that substantial
master sanitary sewer planning has been completed for TLC
properties in the form of the Comprehensive Sanitary Sewer
Study Lakeland Hills Development Area prepared by Dowl
Engineers dated March 1991 Both parties also acknowledge
that supplemental sanitary sewer information will need to be
developed by TLC to address changed conditions such as
density changes and impacts associated with grading
activities In addition the parties agrees that TLC will
need to continue to develop more precise sanitary sewer
subbasin planning information to insure the adequacy and
timely staging of necessary storm drainage facilities
associated with specific development proposals
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 20 cagreernjrfinaL
9805310634
14 WATER
Paragraph 44c is amended as follows
The parties acknowledge that pursuant to the
Settlement Agreement with the City of Bonney Lake the City
of Bonney Lake is the water purveyor for portions of the TLC
Property as set forth in the Settlement Agreement In the
event the CITY determines that the City of Bonney Lake
water system fails to provide adequate fire flow pursuant to
Title 15 of the Auburn City Code the CITY agrees to work in
good faith with the City of Bonney Lake in an attempt to
help achieve a system which meets the CITY requirements for
the provision of urban water services
Immediately upon legal segregation of the relevant
parcels TLC shall convey title to the CITY of the
following the water wells commonly known as 5b and 5c the
water rights it owns or controls on such wells and the
property depicted on the easements which were granted to the
CITY as indicated in Exhibit 3 The CITY and TLC agree that
the use of the real property described inExhibit 3 shall be
subject to the restrictions indicated in Exhibit 4
As consideration for TLCs conveyance of the water
wells and the real property described in Exhibit 3 the CITY
agrees to pay TLC the appraised value for the land and a
LeldResolutionNo2955EitA
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9805ZlO6g4
mutually agreeable fair market value for the wells up to a
maximum of 370000 adjusted at 10 per annum until closing
of the conveyance TLC agrees to convey the subject
property free and clear of all liens and encumbrances and
provide the CITY with a policy of title insurance in the
value of the purchase price insuring the property free and
clear of all liens and encumbrances and agrees to provide a
Statutory Warranty Deed
16 FIRE
The parties acknowledge that the property subject
to this Agreement which is not yet annexed may not be
provided fire service directly by the CITY TLC shall
arrange for fire service coverage through Fire District 22
and any agreement between TLC and Fire District 22 shall
contain provisions which allow termination upon annexation
by the CITY so that the property may be served by the CITY
if the CITY chooses to provide fire services directly rather
than by contract Upon fortyfive 45 days written notice
from the City of its intent to provide fire service directly
or by contract with another service provider TLC agrees to
provide Fire District 22 thirty 30 days written notice of
termination For all building permits issued subsequent to
the fortyfive 45 day notice period TLC agrees to pay
LeldResolutionNo2955ExhibitA
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9805310624
mitigation fees to the CITY at the time of building permit
issuance for developments within the annexed property in
the amounts indicated below
1 41978 per detached singlefamilyresidentialunit
2 27247 per attached single or
multifamily residential unit
3 9363 per residential unit within
the Senior Housing Zone
4 109 per gross foot of commercial
or retail structures
The above amounts shall be adjusted to reflect the increase
in the Consumer Price Index for the SeattleMetropolitan
area beginning as the base year January 1 2000 and on
January 1st of each year thereafter the percentage
difference shall equal the adjustment Payment of these
fees shall constitute complete satisfaction of any fire
service mitigation and concurrency requirements by CITY for
the property described herein
17 PENDING APPLICATIONS IN PIERCE COUNTY
The development applications indicated on Exhibit
5 attachedhereto and incorporated by reference were
submitted to Pierce County by TLC prior to annexation The
CITY agrees to allow TLC to process the applications
indicated on Exhibit 5 through Pierce Countys development
LelResolmionNo2955EibkA
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9805210624
review process to issuance of a final decision even if the
subject property is annexed to the CITY prior to completion
of the Pierce County review process
CITY OF AUBURN
CHARLES
MAYOR
ATTEST
Danlelle E Daskam
City Clerk
City Attorney
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 24 cagreemjrfinat
9805310624
THE LAKELAND COMPANY INC
By
STATE OF WASHINGTON
ss
COUNTY OF KING
On this C day of nan 1998 before
me the undersigned a Notary Publi for the State of
Washington duly commissioned and sworn personally appeared
the corporation that executed the within and foregoing
instrument and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation for the
uses and purposes therein mentioned and on oath stated that
heshe is authorized to execute said instrument on behalfof
said corporation
GIVEN DER my hand and official seal the date
here
i O MY COMMISSION expires 5 yO0
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 25 cagreerainfinal
9805210624
STATE OF WASHINGTON
ss
COUNTYOF KING
On this C day of 1998 before me the
undersigned a Notary Public Yand for the State of
Washington personally appeared CHARLES A BOOTH and
DANIELLE E DASKAM personally known to me to be the Mayor
and City Clerk respectively of the CITY OF AUBURN the
corporation that executed the within and foregoing
instrument and acknowledged the said instrument to be the
free and voluntary act and deed of said municipal
corporation for the uses and purposes mentioned in the
instrument
GIVEN UNDER my hand and official seal the date
hereinabove set forth
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 26 cagreernjrfinat
9805210624
RESOLUTION NO 3 I 90
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITYCLERK TO
EXECUTE AMENDMENT NO 1 TO THE BILATERAL COMPLIANCE
AGREEMENT BETWEEN THE CITY AND THESTATE DEPARTMENT OF
PUBLIC HEALTH
WHEREAS the City entered into a Bilateral Compliance Agreement in
1996 whichidentified a step plan to meet the provisions of the Lead and
Copper Rule of the Safe Drinking Water Act and
WHEREAS the step plan must be expanded to include treatment for
Well 6 and Well 7 as they are supplemental supply for the Citys water system
and
WHEREAS it has been determined the timeline for completion of the
project must be expanded to account for the development of the new wells
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
SECTION 1 The Mayor and City Clerk of the City of Auburn
Washington are herewith authorized to execute Amendment No 1 to the
Bilateral Compliance Agreement between the City of Auburn and the State
Department of Health including treatment for Well 6 and Well 7 and modifying
Resolution No 3190
January 21 1999
Page 1
the timeline for the treatment facility to be operational A copy of said
Amendment is attachedhereto and denominated as Exhibit A
SECTION 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directires of
this legislation
DATED and SIGNED this 6TM day of March 2000
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
Resolution No 3190
January 21 1999
Page 2
BILATERAL COMPLIANCE AGREEMENT
Amendment No 1
Water System Name City of Auburn Water System
Subject Compliance with the Lead and Copper Rule Chapter 246290WAC
The following compliance agreement is hereby established between the Department
of Health hereafter Department and City of Auburn Water System hereafter
City
The Department and the City agree on the following corrosion control issues
approaches and schedules
1 Auburn has slightly exceeded the copper action level at the90th percentfie
per the Lead and Copper Rule 15 and 157 mgfL copper at 90th percentfie
compared to standard of 13 mgL copper for medium size systems
2 The best utility system approach is to adjust the pH of the water in the
distribution system to reduce corrosiveness towards copper and may include
other appropriate measures such as replacement of susceptible materials
changes to electrical grounding practices etc
3 Corrosion control optimization is realized when the elevated pH levels will
have caused the following
Copper levels are reduced and maintained below the action level of 13
mgL at the90th percentfie see items 4 and 5 for clarifications
No significant adverse impacts of the treatment on bacteriological
quality in the distribution system
No significant adverse impacts of the treatment on domestic customer
satisfaction eg red water due to disturbances in unlined cast irons
and
No significant adverse impact on commercial and industrial
customers health care facilities and wastewater facilities
Any significant adverse impacts occurring as a result of corrosion control will
be investigated and documented along with possible mitigation measures in
a report prepared by the City and submitted to DOH
Exhibit A Resolution 3190
1
4 The 90th percentile copper level will be calculated using the original 60
monitoring sites per the Lead and Copper Rule plus an estimated 30
additional monitoring sites in the vicinity of untreated sources Results of all
analyses of samples from all monitoring sites in the system will be evaluated
in one sampling pool to determine Lead and Copper Rule Compliance The
limits of the zones surrounding untreated sources are depicted on Exhibit 1
5 Untreated sources of supply will be sampled within the limits of the zones of
influence using the number of connections and the population of the zone
and a factor of 25 people per connection as a conversion factor as follows
Population Number of Sample Sites
100 5
101500 10
5013300 20
330110000 40
Sample sites will be selected per the Lead and Copper Rule Any previous
monitoring sites in the untreated zones of influence will be retained and can
be used in lieuof a new site
6 Treatment is anticipated in 4 stages at this time
Source Stage
Coal Creek Springs plus blending of well 4 1
Well 2 6 and 7 1
Well 1 To be determined
Well 4 2 if needed
West Hill Springs 3 if needed
Wells 5 and 5A Lakeland Hills No treatment Monitoring indicates supply is
not corrosive
Wells 3Aand3B To be determined
Future Sources To be determined
7 Monitoring will be conducted after each stage to determine if optimization is
achieved If optimization is achieved no further treatment stages are
needed If optimization is not achieved the City plans to proceed to next
stage with Department approval
8 Schedule for Stage 1
Project Schedule for Stage 1 Date
Submit Lead and CopperComplianceReport DOH July July 19 1995
1 1995 Schedule Met
Finalized BCA assumed start October 7 1996
Submit 30 Design Reports for Coal Creek and Fulmer October 1999
Field to DOH
DOH Approval of 30 Design Reports Pending
BCA Amendment No i March 202000
Submit Final Plans and Specifications September 15 2000
DOH Approval of the Final Plans and Specifications October 12 2000
Complete ConstructionofFacilities July 18 2002
Monitoring Report 2 Rounds July 17 2003
Submit Report to Determine ff System is Optimized October 23 2003
9 If the Lead and Copper Rule is amended or changed the Department and
City will review the changes and their effects on the City and if needed will
jointly renegotiate this agreement
The City of Auburn agrees to perform the following
Submit a project report and construction documents In accordance with
WAC 246290110 and 120 submit for review and approval a project report
Predesign Engineering Report and construction documents plans and
specifications for the installation of the corrosion control treatment equipment
approved by the Department
Construct corrosion control treatment facilities Complete the installation of
Stage i corrosion control treatment facilities in accordance with Department
approved construction documents prior to July 18 2002
Monitor water quality parameters Monitor water quality parameters in
accordance with Title 40 CFR Chapter I Part 14187c d and e beginning on
July 19 2002
Monitor tap water quality for lead and copper Monitor tap water quality in
accordance with Title 40 CFR Chapter I Part 14186 d and complete two six
month monitoring compliance periods prior to July 19 2003
Well 4 Discharge Well 4 into Reservoir 1 for blending under normal operating
procedures Monthly production records will be kept to document where the water
is directed and made available to the Department upon request Department will
allow Well No 4 to be discharged directly into the distribution system should
distribution system pressure drop below 35 psi during an emergency fire main
break etc
Optimization Report Prepare and submit an optimization report that addresses
copper monitoring results any significant adverse effects that may reasonably be
associated with corrosion control any copper staining incidents that occur in the
untreated zones of influence and any copper staining or corrosion incidents in new
construction The report will document what action the City plans to take to
address these occurrences Further the optimization report will recommend a pII
operating range for optimization and will recommend if Stage 2 treatment needs to
be implemented
The Department of Health areesto
Concur with Optimization The Department agrees that optimization is
achieved that Auburn will be considered in compliance with the LCR and that no
further stages of implementation will be required when the following conditions are
met
Copper levels are reduced and maintained below the action level of 13 mgL
at the90th percentile see items 4 and 5 for clarifications
No significant adverse impacts of the treatment on bacteriological quality in
the distribution system
No significant adverse impacts of the treatment on domestic customer
satisfaction and
No significant adverse impact on commercial and industrial customers
health care facilities and wastewater facilities
The Department will also consider the Optimization Report in determining
compliance with the LCR
Defer enforcement The Department shall not initiate any enforcement actions
for violations of the Lead and Copper Rule as long as the conditions of this
agreement are being met
Renegotiate agreement The Department will negotiate the level of activity or
the schedules in this agreement if requested by the City
Terminate agreement The Department agrees to terminate this agreement
within 30 days upon request by the City
All documents or reports required by this agreement questions about compliance
and request to modify this agreement shall be directed to DOHNorthwest
Drinking Water Operations 1511 3rd Avenue Suite 719 Seattle Washington
98101
CITY OF AUBURN
Charles A Booth Mayor
Date Dd O
ATTEST
Danielle E Daskam City Clerk
My PROVED AnSoldT s CF iOtyR AMttorney
WASHINGTON STATE DEPARTMENT HEALTH
Ahhorized Signatt9
Print or Type Name
TITLE C ftYf
Date 2Lft J290
LRMYbd
REF HPROJPR62921E00133 RE C Ir V ir D
FIB I 4 2000
5
NW DRINKING WATER
Exhibit 1
Auburn Water System
Limits of Zones of Influences for Untreated Sources
RESOLUTION NO3 383
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THEMAYOR AND CITYCLERK TO
PERFORM THE NECESSARY ADMINISTRATIVEMEASURES TO APPROVE
AUBURNS WITHDRAWAL FROM THE EXISTING SOUTH KING COUNTY
REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT
DATED OCTOBER 8 1996 AND TO INDICATE AUBURNS ACCEPTANCE
AND CONTINUANCE AS A SIGNATORY MEMBER OF THE REVISED
SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT
OPERATING AGREEMENT DATED DECEMBER 19 2000
WHEREAS Auburn is a member of the South King County Regional
Water Association SKCRWA consisting of the cities of Algona Black
Diamond Kent and Pacific and Lakehaven Utility District Soos Creek Water
Sewer District and King County Water District 111 as authorized by
Resolution No 2568 adopted June 5 1995 and modified by Resolution No
2781 adopted December 21996and
WHEREAS the Board of Directors of the SKCRWA saw a need to make
certain amendments to the Joint Operating Agreement dated October 8 1996
to provide clarification to the intent of the agreement and
WHEREAS the Board of Directors of the SKCRWA have now prepared
and recommended for approval by each participatory member an update of the
Joint Operating Agreement to which Auburn is a signatory member
Resolution No 3383
August 172001
Page 1
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of Auburn are hereby
authorized to perform the necessary administrative measures to approve
Auburns withdrawal from the existing SKCRWA Joint Operating Agreement
dated October 8 1996 and to indicate Auburns acceptance andcontinuance
as a signatory member of the revised SKCRWA Joint Operating Agreement
dated December 19 2000 A copy of said Agreement is attached hereto and
denominated as Exhibit A and incorporated by reference in this Resolution
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Resolution No 3383
August 17 2001
Page 2
ItDATEDandSIGNEDthis day of September 2001
QkL
CHARLES A BOOTH
MAYOR
ATTEST
lDaltelleEDaskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
Resolution No 3383
August 17 2001
Page 3
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Return Address
Auburn City Clerk
City of Auburn
25West Main St
Auburn WA 98001
1F1C IIoF 11p171l1li
KING
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement South King County Regional Water Association Joint OperatingAgreementI13Or
FilED BY PNtrc
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Reference Numbersof Documents assigned or released
DAdditional reference s on page of document
GrantorsBorrowers Last name first then first name and initials
Auburn City of
GranteeAssigneeBeneficiary Last name first
South King County Regional Water Association
Legal Description abbreviated Le lot block plat or section township range
PER RCW 3934
D Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
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SOUTH KING COUNTY REGIONAL WATER ASSOCIATION
JOINT OPERATING AGREEMENT
December 19 2000
WHEREAS an adequate and safe water supply for South KingCounty Regional Water
Association SKCRW A and its members is vital to both existing citizens and in implementing the
longtenn comprehensive plans ofSKCRWA members and
WHEREAS theState and SKCRWA prepared a Coordinated Water System Plan
CWSP for South King County and
WHEREAS projects that provide tor the coordinated and cooperative use and operation
of supply transmission storage treatment and pumping facilities to minimize cost provide for
improved water quality protect the environment provide for emergency needs and maximize the
best use of the resource is in the best interest of the citizens of the region
WHEREAS the current and neartenn water needs of the local governments and
SKCRWA require steps to establish a cooperative subregional water supply system and
WHEREAS the SKCRWA is committed to cooperate toward regional solutions for both
emergency and long range water supply needs and
WHEREAS the SKCRWA signatory members developed a Joint Operating Agreement in
1995and revised the Joint Operating Agreement in 1996 and now want to further revise the
Agreement
NOW THEREFORE the SKCRWA signatory members of this Joint Operating
Agreement JOA agree as follows
I GENERAL
A The Signatory Members acknowledge the requirement to incorporate land use
planning as defined by the Growth Management Act with water supply planning
and
B The Signatory Members recognize the benefits of developing a subregional water
supply system that will allow the optimum use of surface and groundwater to
better manage and protect the areas water resources and
C The Signatory Members will hold an Annual Meeting about September 30th to
review the status of this JOA and any Amendments as well as other problems of
mutual concern The specific date time and location of the meeting will be set by
mutual agreement
December 192000
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D Merger shall mean when two signatory members merge or when a signatory
member and a nonsignatory member merge
E Termination This agreement shall cease to be binding on or to any signatory
member that is not in good standing or whenever a merger occurs
2 INTENT
A The general intent is to create a method for the Signatory Members to
cooperatively use certain existing facilities and construct new facilities needed to
develop a subregional water system The Signatory Members may mutually
agree by Interlocal Agreement to produce additional water and distribute it within
the Subregional Service Area with or without change to their retail service area
B The JOA provides a rramework for joint development of specific projects that may
include two or more Participants Each facility project andor intertie shall be
developed under a separate Interlocal Agreement IA consistent with this JOA
subject to approval by appropriate affected city council andor water district
boards The specific intent of this JOA is to make provisions for a standardized
fonn to create or expand cooperative agreements to meet the public water supply
needs for both emergency and longtenn use and to establish a basis for agreement
between Participants for financing ownership construction and operation of
mutually beneficial projects required to achieve cooperative objectives These
projects may include common facilities with other Agencies outside the SKCRWA
planning area
Interlocal Agreements IA negotiated under the provisions of this JOA shall speak
for themselves and shouldreference the version ofthe JOA which is in place at the
time that the agreement is reached It is the intent of the Signatory Members that
any Interlocal Agreements negotiated under the JOA would survive the withdrawal
of a Signatory Member rrom the JOA or rrom the South KingCounty Regional
Water Association
It is further the specific intent of this JOA to preserve Signatory Members existing
water rights and protect theestablished or planned interest andneeds of each
Signatory Member with respect to sources of water
Suggested content for an Interlocal Agreement is shown in Exhibit A
C It is the desire of the Signatory Members that this JOA be incorporated into the
South King County CWSP at the next update
D The tenn Participant as used inthis JOA shall mean all the signatories of an IA
consistent with and implemented subsequent to this JOA
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E The term Signatory Members as used inthis JOA shall mean a member in good
standing of the South KingCounty Regional Water Association who has signed
this JOA Good standing includes but is not limited to being current on all dues to
the SKCRWA
3 SUBREGIONAL SERVICE AREA AND FACILITIES
A Subregional Service Area shall mean the Signatory Members Designated Water
Service Areas identified in the CWSP or as approved by amendments to the CWSP
or as identified in a Signatory Members approved Comprehensive Water Plan
B Subregional Facilities shall mean
a that portion of the Participants sources interties transmission and storage
systems required to supply water to the service areas of the Participants or
new facilities as defined by a separate IA pursuant to this JOA
b those designated capacities within a Participant system as specifically
defined in an appropriate IA
C Facility Ownership Ownership of the physical facilities that exist on the date of
this JOA shall remain with the individual Signatory Members Unless otherwise
agreed to within a specific IA ownership and operational responsibilities of new
facilities shall be based generally on location in designated service areas with
capacity rights defined by appropriate IA
WATER SUPPLY CAPACITY RIGHTS
A Capacity Rights Participants may purchase capacity by IA Any changes in these
capacity rights shall be recognized by an IA approved by the appropriate affected
city councils andor water district boards
B Additional JOA Participants Other agencies may purchase capacity rights in
subregional facilities subject to the provisions of paragraph 4C Other agencies
who become Signatory Members of the SKCRWA and become Participants in
future projects undertaken under this lOA and future IAs will be assessed past
costs associated with development ofthis JOA as specified in Exhibit B
December 19 2000 3
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C Wholesaling Water
a A Signatory Member may wholesale water through lease or otherwise
delivered through subregional facilities to areas outside of the Signatory
Members Service Area so long as the other Signatory Members capacityrightsarenotnegativelyimpactedSignatoryMembersoftheSKCRWAagree
that where feasible and mutually beneficial they will coordinate planning and
development ofwater resources
b Signatory Members further agree that prior to entering into any agreement to
deliver long term water supply or construct joint facilities with a nonSignatory
Member agency they will first make a good faith effort to offer such supplies
andor capacities to Signatory Members provide the right of first refusal
Such offers shallbemade on a cost of service basis as established by separate
IA Signatory Members shall have 60 days to respond
c Signatory Members agree that when entering into any agreement to deliver
long term water supply or construct joint facilities with a nonSignatoryMemberagencyinaccordancewiththisJOAtheywillincludeandcollectfor
remittance to the SKCRWA a fee for reimbursement of the costs for
development ofthe JOA as specified in Exhibit B
d Regular meetings of the SKCRWA shall be the forum for makingSignatory
Members aware of discussions regarding water sales and jointprojects
however all offers of participation or requests for participation shall be in
writing with copies to other Signatory Members
D Conservation All Participants will develop and implement a conservation plan
that is consistent with State guidelines Additional or supplemental conservation
requirements beyond basic programs may be included in a specific Interlocal
Agreement
E Curtailment In general curtailment for delivery of firm water shall be on a
uniform percentage basis for both wholesale and retail customers and curtailment
for delivery of interruptible water shall be on a last in first out basis as
determined by the date of formal agreement Specific curtailment requirementsandprovisionsshallbeincludedinInterlocalAgreementsimplementedunderthis
JOA
F uality An objective of the Signatory Members is to maintain the quality of the
water in the subregional facilities at or above the quality required by theState
drinking water standards The purchasing Participant will be responsible for
ensuring water quality blending analyses and other water quality issues are
resolved to their own satisfaction The Signatory Members may meet periodically
to ensure that water quality and operational issues are addressed and that needed
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December 192000
information is exchanged in a timely fashion The written results of these meetings
will be circulated in a timely manner to all members and participants and reviewed
at the annual meeting
G Additional Facilities Projected needs will be identified by the Participants based
on the Participantsdesignated service areas As five or more yearsmay be needed
to bring major new source capacity capabilities on line fiveyear and tenyear
forecasts are required and must be updated whenever a Participant becomes aware
of any significant change in their forecast demand These will be discussed jointly
as they arise and reviewed at the annual meeting
H Financing Each Project IA will include pertinent details of financing for that
project Financial participation in existing and additionalfacilities will be based on
each Participantsprojected need for each facility as designated capacity rights
Cost of Service Charge The Signatory Members and Participants will establish
wholesale water sales charges for both emergency and longterm supply that
include Icapital cost 2 fixed operating cost and 3 a variable operating cost
based on quantity of water delivered based on actual costs ofproviding the service
Fixed and variable operating and maintenance costs payments will bemade
monthly per meter and use rates Projected annual rate adjustments and
documentation shall be provided at the annual meeting Any rate increase will be
effective beginning January I of the following year
I TheRates and Charges for the capital operation and maintenance of the
system shallbe based on the following
a Capital Cost Those construction related costs incurred for
Capacity Rights Capital Costs for facilitiescontracted solely for a
specific project described in an IA are allocated based on
designated capacity to be purcbased
Capital costs shall include the debt service for each Participant
Such debt service shall be defined as the actual debt service on debt
issued for the Participantsproportionate share of capacity rights
or if no debt is issued for the Participantscosts by the financingParticipanttheamortizedvalueattheinterestrateofthemost
recent revenue bond issued by the financing Participant over 20
years However should all capital costs be paid in full by any
Participant purcbasing capacity rights prior to the time of the
financing Participantincurring the costs no interest charges shall be
assigned to the Participant purchasing capacity rights
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Capital Costs associated with a supplying Participants construction
of their internal water system facilities may be included in the fixed
and variable operating costs as appropriate using cost of service
principles in the same manner as those costs are included in the
supplying Participantscustomer rate base
b Fixed OoeratingCost The cost of labor supervision supplies
utilities services taxes insurance and all other costs required to
operate and maintain the system otherthan those items included
under Variable Operating Cost The operating cost will include an
allocation for renewal and replacement
c Variable Ooerating Cost Those costs directly proportionate to the
volume of water produced including chemicals electric power and
other costs required to meet customer and system needs not
included in a and b above
2 Accounting
Subregional facilities accounting shall be documented in accordance with
generally accepted accounting practices acceptable to the Participants
ADMINISTRATIVE LEGAL AND OTHER PROVISIONS
A Each Signatory Member shall designate in writing their representative responsible
for coordination and implementation of the JOA and the subsequent IAs The
designated individuals will be the primary contact for all project approvals and
communication and shall prepare and publish a schedule and plan to facilitate the
planning design and daybyday operation of facilities associated with the
subsequent IAs
B Signatory Membersin good standing may propose Amendments to this JOA at
any time Signatory Members in good standing shall vote on proposedAmendmentsattheAnnualMeetingAquorumofSignatoryMemberspresentshallapproveanyAmendmentstothisJOApriortotheirsubmittaltoSignatoryMemberscitycouncilsandorutilitydistrictboardsforapprovalASpecial
Meeting of the Signatory Members may be called for the purpose of amending this
JOA by two thirds of the Signatory Membersin goodstanding
C A Signatory Member may withdraw ftom this JOA by providing 120 days notice to
other Signatory Members Notice shallbe provided to each Signatory Member in
writing and shall include the reason for withdrawal
December 192000 6
D Any Signatory Member that withdraws ITom the SKCRWA also withdraws ITom
this JOA
E This JOA shall remainin full force UIess terminated in writing by mutual
agreement of all Signatory Membersin good standing Termination of the JOA or
withdrawal by any signatory member shall not affect any Interlocal Agreements
negotiated under a JOA
F A Signatory Member who merges with any Agency whichis not a Signatory
Member of this JOA must withdraw ITomthe JOA The merged agency would
then be allowed to reapply for Signatory Membership in the JOA as the merged
Agency
IN WITNESS WHEREOF the SKCRWA members hereto have caused this agreement to be
cJxecuted by their proper Officers on the day of J`R 3fJICtZ
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RPpr1d As To Form
By Q So
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City of AI
Date 101
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By Q otr
Title Mayor
City of Auburn
Date September 4 2001
AttesttjJa
Approved As To Form d
By Ø
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December 192000
By
Title
City ofBlack Diamond
Date
By
Title
City Kent
Date 7 0
By
Title
Lakehaven Utility District
Date
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By
December 192000
˙2 rJfTitleanrfIII11
Soos Creek Wi and Sewer District
Date nv 0
By
Title
KingCounty
Date
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By
Title
City of Pacific
Date
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South King County
Regional Water Association
Joint Operating Agreement
EdIibitA
Check List for IDterlocal Agreements
1 Project Title
2 General
List of Utilities to be parties to the Interlocal Agreement lA and approval of the appropriate
city councils andor water district boards
Consistency with the Joint Operating Agreement JOA
Description ofneed for the project
Listing ofpotential wholesale customers for the water in accordance with Section 4Cof the
JOA
Recognition of assessment of costs associated with development ofJOA in aocordance with
Section 4Bofthe JOA
Recognition of right offirst refusal to excess capacity of Signatory Members ofthe South
King County Regional Water Association SKCRWA in accordance with Section4C of the
JOA
Recognition that capacity and water rights are available to meet the needs ofthe IA
3 Description of Project
Include a drawing or description which identifies all the facilities to be considered within
the lA Included within the description should be all jointly or solely owned facilities that
are to be operated or paid for by a party to the lA
Description oflong term ownership of the facility
Identification ofthe party responsible for operation andor maintenance of the facility
Identification of the party responsible for payment for the design and construction of the
facility
4 Project Costs Financing Capacity Rights
Description of all project costs and the allocation to each party
Definition ofcapacity rights for all facilities
Definition ofcost sharing for longterm maintenance for each facility
Definition ofmethod of reimbursement for moneys expended ifrequired
Description of any applicable latecomer fees or hookup charges
Description of requirements for record keeping and monitoring of costs
5 ProjectDesign and Construction Management
Definition ofoverall project management responsibilities
Definition ofdesign and construction management responsibilities forindividual facilities
Description of basic periodic meeting schedule for review of project progress
December 19 2000 1 JOA Exhibit A 2000
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6 Conditions of Service
Limitations to source sharing or delivery of water if any
Design criteria for the project facilities
Minimum and maximum flow rates and pressures
Items specifically excluded liom the project
7 Term of Duration of the Agreement
Discussion of the length of time the agreement is in effect as well as the method to terminate
the agreement and succeeding agencies obligations
8 Amendments
Method by which the agreement could be amended
9 Hold Hannless Liability Language etc
December 19 2000 2 JOA Exhibit A 2000
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South King County
Regional Water Association
Joint Operating Agreement
exhibit B
Computation of Charges
Initial Computation based on 8 shares
16652
8
2081 Initial charge for a share
Cost to develop JOA from Covington and WD 111
Cost to the three participants of 1A2
Covington and Auburn three sharE 6244
WD 111 two shares 4163
Final Computation based on 12 shares
16652
12
1388
Ultimate use charge
Algona and Black Diamond one share 1388
WD 111 two shares 2775
Auburn Kent Covington WD Lakehven
UD Or Soos Creek WSD three shares 4163
Relmbersement for Development and initial use to Covington WD 111and Auburn
16652 Cost for development
Covington WD 111 Aubum
8326 8326
6244 4163 6244
2081 4163 6244
2081 4163
6244 4163 6244
4163 2775 4163
2081 1388 2081
463 463 463
1619 925 1619
lOA EchibiI B Fees 2000
development cost
use charge 1A2
recovery charge IA2 Auburn
ultimate use charge
remaining reimb
recovery charge IA3 Algona
remaining reimb
Decen—er 192000
Approved January 212003
REVISED DYLAWS
of
REGIONAL WATER ASSOCIATION OF SOUTH KING COUNTY
L MEMBERSHIP
A Reeular Memben Governmental Bodies providing water service in South King County are
entitled to regular membership in this Corporation upon approval by the Board of Directors and
payment of any then required fees andor dues
The term member as used in these Bylaws shall mean regular member unless otherwise
designated
D Affiliate Memben Any governmental body Association of Water Purveyors water
purveyor individual or business may become an Affiliate Member upon approval by the Board of
Directors and payment of any then required fees andor dues
Affiliate Members have no proprietary or other interest in the Corporation are not entitled to
vote are not entitled to attend meetings as a matter of right andhave no right to participate in
any distributions in dissolution or otherwise by the Corporation
Affiliate Members may with the approval of the Board of Directors attend any regular meeting
Ænd participate in all discussions at any regular meeting
C Assienment Neither regular nor affiliate membership inthis Corporation is assignable by the
member
ll DIRECTORS
A Number The Articles of Incorporation provide for not less than three nor more than twenty
five Directors At the present there shall be as many Directors as there shall be regular members
plus the Alternate Directors provided for herein below The number of Directors and Alternate
Directors may be changed by the membership at any regular meeting or at a special meeting called
for that purpose
D Oualifications Directors and AlternateDirectors must be elected officials or the designee of
members of the Corporation Each regular member shall be entitled to select one Director and
two AlternateDirectors provided herein below
C Selection and Term Directors and Alternate Directors shall normally be selected by the
Regular Member prior to the Annual Meeting and serve for a term of one year or until such time
BYLAWS 1
Approved Januy 212003
thereafter as their successors shall be selected by the Regular Member Notice of selection shall
be in a written form satisfactory to the Board ofDirectors
D Alternate Directors In the absence of a Director at a meeting of the Board of Directors or
in the event that a Director is unavailable or unable to act on any matter between meetings an
Alternate Director representing the same member may attend the meeting and vote andor act
outside a meeting Members may designate the order in which their Alternate Directors may act
In the absence of such designations it shall be as agreed by that members Alternate Directors
E Vacancies The Regular Member in accordance with the Selection requirements of these
Bylaws shall fill any vacancies occurring among its Directors and Alternate Directors
F Board of Directors The Director ITom each Regular Member or in the absence of the
Director the Alternate Director shall constitute the Board ofDirectors of the Corporation
No one need look beyond the fact that a vote or act was performed by either a Director or an
Alternate Director All such votes and actions shall be binding on the Corporation and may be
relied upon as the act of the Board of Directors and the Corporation by all persons dealing with
the Corporation
G ComDensation Directors shall not receive any compensation for acting as such but may be
reimbursed for expenses incurred in the business of the Corporation provided the expenses were
approved in advance by the Board ofDirectors or Executive Committee
ill AFFILIATE DELEGATES
A Affiliate Delegates Each Affiliate Member shall be entitled to an Affiliate Delegate and an
Alternate Affiliate Delegate
A Qualifications Affiliate Delegates and Alternate Affiliate Delegates may be elected officials of
or a designee ofthe Affiliate Member
C Selection and Term Affiliate Delegates and Alternate Affiliate Delegates shall be selected by
the Affiliate Member and serve until such time thereafter as their successors shall be selected by
the Affiliate Member Notice of selection shall be in a written form satisfactory to the Board of
Directors
D Vacancies The Affiliate Member in accordance with the selection requirements of these
Bylaws shall fill any vacancies occurring among its Affiliate Delegates and Alternate Affiliate
Delegates
BYLAWS 2
Approved January 212003
F Compensation Affiliate Delegates and Alternate Affiliate Delegates shall not receive any
compensation from the Corporation
IV OFFICERS AND COMMITTEES
A Number The Officers of the Corporation shall be a President Vice President Secretary and
a Treasurer In addition to the foregoing the Board ofDirectors may elect such assistant or other
Officers as the Board from time to time deems appropriate
B Term Officers shall be elected by the Board of Directors at the Annual Meeting ofthe Board
of Directors and shall serve for a term of one year commencing on their election or until such
time as their successors are elected
C Vacancies TheBoard ofDirectors may fill a vacancy in any office for the unexpired portion
ofthe term
D Oualifications No person may serve as an Officer of the Corporation unless heshe is also a
Director or Alternate Director
E President The President shall be the managing Executive Officer of the Corporation and shall
be subject to the ultimate authority of the Board of Directors andor any Executive or other
committees appointed by it have general charge of the business ofthe Corporation
ThePresident shall together with the Secretary execute all documents and instruments which are
required in the ordinary course of the Corporationsbusiness or which are required by law to be
executed by the Corporation
F VicePresident In the absence of the President or hislher inability or refusal to act the Vice
President shall perform the duties of the Presidentand when so acting shall have all the powers
of and be subject to all ofthe restrictions upon the President
G Secretary The Secretary shall in person or through any Assistant Secretary or authorized
employee a Keep the minutes ofall meetings b give all notices which must be given under
these Bylaws or by statute c be custodian ofthe corporate records and seal and d in general
perform all ofthe duties incident to the office of Secretary and such other duties as from time to
time may be assigned to himher by the President or by the Board ofDirectors
H Treasurer The Treasurer shall in person or through any Assistant Treasurer or authorized
employee a Have charge and custody of all funds and securities of the Corporation b deposit
all corporate moneys in the name of the Corporation in suchBanks as shallbe selected by the
Board Of Directors and c in generalperform all ofthe duties incident to the office of Treasurer
BYLAWS 3
Approved January 21 2003
and such other duties as fjom time to time may be assigned to himlher by the President or by the
Board ofDirectors
I Assistant Secreta and Assistant Treasurer Any Assistant Secretary or Assistant Treasurer
when elected may act in the absence death inability or refusal to act of the Secretary or
Treasurer respectively In addition any Assistant Secretary or Treasurer shall perform such
duties as shall be assigned to himher fjom time to time by the Board of Directors or the
Secretary or Treasurer
J Executive Committee The President VicePresident Secretary and Treasurer shall
constitute the Executive Committee of the Corporation and shall be allowed to act on behalf of
the Board of Directors whenever actionis required and it is not practicable for the Board of
Directors to call a meeting and act Any action of the ExecutiveCommittee shall require the
votes of three of the Executive Committee members Actions taken by the Executive Committee
shall be brought to the next Regular Meeting ofthe Board ofDirectors for ratification
K Audit Committee The President shall annually appoint an Audit Committee The Audit
Committee shall review the financial condition and financial transactions of the Corporation at the
end of each calendar year The Audit Committee shall include the Treasurer as chair and at least
two additional Delegates or Alternate Delegates fjom different Members The Audit Committee
shall report its findings to a RegularMeeting of the Board ofDirectors
K Evaluation Committee ThePresident shall annually appoint an Evaluation Committee The
Evaluation Committee shall complete a performance review and evaluation of any employees of
the Corporation Employee reviews and evaluations shall normally be completed by December 1
and shall generally cover the previous 12 months The President shall serve as chair of the
Evaluation Committee and the committee shall include at least two additional Delegates or
Alternate Delegates fjom differentMembers The Evaluation Committee shall report its findings
to a RegularMeeting of the Board ofDirectors
L Other Committees The President with the approval of the Board of Directors may establish
other committees as may be appropriate to conduct the business of the Corporation The
President shall appoint the members of and the chair for any committee established under this
paragraph Committees shall consist of at least three Delegates or Alternate Delegates fjom
different Members Affiliate Members may serve on committees established under this paragraph
with full participation in discussion and other committee work however Affiliate Members shall
have no vote in the committee Committees established under this paragraph shall terminate in 12
months fjom the time of formation unless reestablished by the Board of Directors Committees
formed under this paragraph shall report to the Board of Directors at a Regular Meeting of the
Board ofDirectors
BYLAWS 4
Approved January 21 2003
v MEETINGS
A Reeular Meetines The Board of Directors shall generally meet monthly at a regularly
scheduled time and place as necessary to conduct the business of the Corporation The Board of
Directors may change the time and place of RegularMeetings or cancel a Regular Meeting as
necessary to meet the needs of the Directors and the Corporation The Directors shall be notified
in writing of the time and place of regularmeetings Upon each Director being so notified no
further notice of regular meetings needbe given unless the time and place thereof is changed
B Annual Meetine The Annual Meeting of the Board of Directors shall be the January Regular
Meeting ofthe Board of Directors
c Joint Ooeratine AereementAnnual Meetine The Regular Memberswho are signatory
members of the Joint Operating Agreement shall normally hold a Joint Operating Agreement
Annual Meeting in September The Board of Directors shall set the time and place for the Joint
Operating Agreement Annual Meeting and the President shall preside All business of the Joint
Operating Agreement Annual Meeting shall be conducted with the same procedures and manner
as other meetings of the Corporation except as required by the terms of the Joint Operating
Agreement The Directors of signatory members of theBoard of Directors shall be notified in
writing of the time and place of the Joint Operating AgreementUpon each Director being so
notified no further notice of regular meetings need be given unless the time and place thereof is
changed
D Soecial MeetinesSpecial meetings of the Board of Directors may be called at any time by or
at the request of the President or any three Directors ThePresident or Directors calling the
special meeting shall give notice of the purpose thereof to the Corporation The Secretary shall
then fix the date place and time of the meeting and give notice thereof and of its purpose to all of
the Directors at least five days in advance of the meeting
E Quorum A majority of the Regular Members of the Corporation present in person or by
proxy shall constitute a quorum for the transaction of business at any meeting of the Board of
Directors
The vote of a majority of the Regular Members present in person or by proxy shall be necessary
for the adoption of any matters unless a greater percentage is required by state law
F Infonnal Action Any action which must or might be taken at a meeting of the Board of
Directors or any committee thereof may be taken without a meeting if a consent in writing
setting forth the action so taken shall be signed by all of the Directors or committee members as
the case may be
BYLAWS 5
Approved January 212003
VI VOTING
A General Each Regular Member shall be entitled to one vote on each matter submitted to a
vote at a meeting ofthe Corporation
B Proxies Regular Members may vote in person or by proxy A proxy to be valid must be in
writing signed by the member and submitted to the Corporation prior to voting No proxy shall
be valid after thirteen months ftom the date of its execution unless otherwise provided in the
proxy
C Mail Voting At the discretion of the Board of Directors voting may be conducted by mail
In such case a written ballot shall be sent to each Regular Member at least twenty days in
advance of the date for canvass of the votes The written ballot shall contain and describe the
issues or persons to be voted upon and shall provide space for the Regular Member to vote for or
against the issue or for the candidates ofhis or her choice
Vll CORPORATION FUNDS
A Deoosits All funds of the Corporation other than a reasonable amount for petty cash shall be
deposited in the name of the Corporation in such banks or other depositories as the Board of
Directors shall select
B Checks All disbursements by the Corporation otherthan small amounts ftom petty cash shall
be by check drawn direct to the ultimate payees and signed by at least two Directors of the
Corporation
vm EMPLOYEES
A Emolovees The Board of Directors may employ or appoint such organizations and persons
as it deems appropriate and shall establish or approve salaries andor other charges for such
services Employees shall not be elected or appointed officials or employees of any regular
member entity and shall serve at the will of the Board of Directors The Regional Water
Association of South King County is an at will employer
B Annual Review Annually the Board of Directors with the assistance of the Evaluation
Committee shall review the perfonnance and compensation of any employees ofthe Corporation
BYLAWS 6
Approved January 21 2003
MEMBERAGREEMENTS
A Member Agreements From time to time the Board ofDirectors may offer member
agreements to members for consideration and or participation Approval or participation in any
agreement so offered shall not be a condition of membership in the Corporation
B Joint Operating Agreement The South KingCounty Regional Water Association Joint
Operating Agreement is a Member Agreement as defined in these Bylaws As suchparticipation
in the Joint Operating Agreement is not a condition ofmembership in the Corporation
x AMENDMENTS
TheBoard of Directors may adopt new Bylaws or may alter amend or repeal these Bylaws at a
Regular Meeting or at a Spcial Meeting provided such meeting is held with proper notice as
required by these Bylaws or through the mail voting procedures ofthe Corporation
XII DUES AND CHARGES
Membership fees dues andor other charges the time for payment thereof and procedures in the
event of delinquency shall be as established ITom time to time by the Board ofDirectors
xn CONTRACTS LOANS AND CHECKS
A Contracts TheBoard of Directors may authorize any Officer or Officers agent or agents to
enter into any contract or execute and deliver any instrument in the name of and on behalf of the
Corporation and such authority may be general or confined to specific instances
A Loans No loans shall be contracted on behalf of the Corporation and no evidences of
indebtednessshall be issued in its name unless authorized by a resolution of the Board of
Directors or the Executive Committee if such authority is delegated it by the Board of Directors
Such authority when granted may be general or confined to specific instances
C Loans to Directors and Officers The Corporation shall make no loans to its Directors or
Officers Any director who votes for or assents to the making of a loan to a Director or Officer of
the Corporation and any Officer or Officers participating in the making of such loan shall be
jointly and severally liable to the Corporation for the amount of such loan until repayment thereof
BYLAWS 7
Approved January 212003 172002
Xill SEAL
The Board of Directors shall provide for a corporate seal which shall have inscribed thereon the
name of the Corporation and the words State of Washington and Corporate Seal Until
changed by the Board ofDirectors the Corporations seal shall be that affixed to this page
ADOPTED this ZI day of 23SJ
DIRECTOR
L
DIRECTOR
DIRECTORo
DIRECTOR
DIRECTOR
BYLAWS 8
RESOLUTION NO 3374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON REPEALING RESOLUTION NO 3358 AND THE
AUTHORIZATION THEREFOR AND APPROVING THIS RESOLUTION
NO3374 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF KENT
WHEREAS Resolution No 3358 authorizing the execution of an
Emergency Water System Intertie Agreement was approved by the City Council
on June 18 2001 and
WHEREAS the Emergency Water SyStem Intertie Agreement attached as
Exhibit A to Resolution NO 3358 was a draft of the final Emergency Water
System Intertie Agreement agreed to by Auburn and Kent and
WHEREAS changes were made by both parties to thedraft agreement
attached to Resolution No 3358 that were intended to be in the agreement
executed by both parties and
WHEREAS pursuant to RCW 35A11040 Auburn and Kent have legal
authority to exercise their powers and perform any of their functions as set forth
in RCW 3934 and
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Kent have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and the City of Kent currently have an
emergency water system intertie and
Resolution No 3374
071701
Page 1
WHEREAS the existing intertie station is going to be removed and
relocated as part of the South 277 Street Improvement project and
WHEREAS a temporary emergency water system intertie Will be
constructed and available for use during theSouth 277th Street Improvement
project and
WHEREAS an agreementoutlining the design construction and
operation of the temporary and permanent emergency water system intertie is
needed
NOW THEREFORE THE COUNCIL OF THE CITYOF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Kent have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Emergency Water System Intertie Agreement which
was agreed to between the City and the City of Kent A copy of said Agreement
is attached hereto denominated as Exhibit A and made a part hereof as though
set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Resolution No 3374
071701
Page 2
DATED this day of 2001
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
City Clerk
APPROVED ASTO FORM
Michael J Reynolds
City Attorney
Resolution No 3374
071701
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
PACXFX NIJ TXT AG
PAGE tOF 095
xe232eoi o9
KXNG COUNTY U
RECORDERS COVER SHEET
Document Titles or transactions contained therein
1 EMERGENCYWATER SYSTEM INTERTIE AGREEMENT E5 3 5
Reference Numbersof Documents assigned or released
rAdditionalreference s on page of document Lor
GrantorsLast name first then first name and initials
1 Auburn City of
Grantee Last name first
1 Kent City of
Legal Description abbreviated ielot block plat or section township range
NA Government Interlocal
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA Government Interlocal
Assessor Tax not yet assigned
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
KentAuburn Intertie Agreement No 1
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as Auburn and the City of Kent hereinafter referred to as Kent
for the purposes of planning designing constructing maintaining and operating an
emergency system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have water facilities in the vicinity and
WHEREAS both Cities can increase fire protection and emergency water supply
reliability for their customers and
WHEREAS the Cities are willing to provide the necessary services to increase
fire fighting and emergency supply reliability upon the terms and conditions set forth
herein
NOW
1
THEREFORE ITIS MUTUALLY AGREED as follows
The emergency water system intertie is intended to be operated manually
as a two way emergency supply between the Auburn and Kent Systems
The intertie facility shallbe located near South 277th Street at the Water
Service Area Boundaries between the two cities An existing intertie
located at B Street NE and South 277th Street will be replaced with a
temporary metering station and eventually a permanent metering station
Final location and configuration of the facilities shallbe determined at the
time of final design
The emergency water system intertie shall be operated only in the event
of an emergency For purposes of this agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical
equipment failure electrical equipment failure or Puget Sound Energy
facility failure or any other agreed upon emergency within the water
supply system
Auburn has acquired the right of way for the metering station and Kent will
design and administer the contract for the construction of the temporary
facilities within the right of way acquired by the City of Auburn The
permanent facilities will be constructed as part of the South 277th Street
Improvement Project All of the facilities will be designed and constructed
in accordance with reasonably accepted water utility standards for similar
municipal water utilities Auburn will own and maintainthe piping interior
o
equipment emergency meter and interior appurtenances and all piping
up to the Kent side of the vault for both the temporary and permanent
metering stations
Upon completion of construction Auburn will transfer ownership of all
exterior appurtenances and all piping which is located on the Kent side of
the vault to Kent Kent will own and maintain the exterior appurtenances
and all piping on Kents side of the vault
Each City will each have unlimited access to the vault via a dual padlock
or ownership of keys to the vault
Each City will operate the respective normally locked valve inside of the
vault Auburn will solely unlock and operate the locked valve on Auburns
side of the meter and Kent will solely unlock and operate the locked valve
on Kentsside of the meter
The procedure for operating the intertie in the event of such emergency
shall be as follows
Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
the intertiebe activated
The Public Works Director or appointed person or authorized
personnel shall provide a verbal request to the other Citys Public
Works Director or appointed person Upon agreement that an
emergency exists which shall allow for the intertie to be opened the
intertie will be activated as soon as reasonably possible Both
Cities personnel shall be present at the vaultto open the valves to
activate the facility
The City requesting the activation shall provide a written
confirmation of the request not less than 24 hours after the verbal
request or on the first day of normal business after the verbal
request
The intertie shallremain activated until the City requesting
activation determines that the need for activation of the emergency
intertie has ceased and shall request in writing to close the intertie
Eo In case of emergency or whenever the public health safety or the
equitable distribution of water so demands the City supplying the
water may change reduce or limit the time for or temporarily
discontinue the supply of water without notice water service may
be temporarily interrupted limited for purposes of making repairs
10
extensions or doing other necessary work and the City supplying
the water shall not be responsible for any damage resulting from
interruption change or failure of the water supply and the City
receiving the water City requesting activation shall save and hold
harmless the City supplying the water from any loss damages or
suites to or by customers of the City receiving the water resulting
from interruption change or failure of water supply provided by this
Agreement except damages arising out of the City supplying the
wateFs negligence Priorto a planned interruption or limiting of
service the City supplying the water will notify the City receiving the
water of such not less than three days prior to the service
disruption The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will to the extent practical limit the service disruption to
daylight hours
Auburn shall read the meter upon activation and upon deactivation of the
intertie The city supplying the water shall verify the information and shall
then calculate and invoice the other City for the water used during the
request The invoice shallbe calculated by the total water used during the
event The rate shall be at the current Auburn or Kent Wholesale Rate
depending on which city is supplying the water This shall be complete
payment for the water labor and administration of activating the intertie
The total project costs shall include costsfor consulting design service
and construction These costs shall be paid for by the City of Kent The
project costs shall be reviewed and agreed upon by Public Work Directors
of both Cities at the beginning and end of each stage described above
Each City is responsible for associated staff administration and legal
costs associated with the implementation of the agreement
To the extent allowed by law the City of Kent shall defend indemnify and
hold harmless the City of Auburn its elected officials employees and
agents from and against any and all suits claims actions losses costs
expenses of litigation attorneys fees penalties and damages of
whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the City of Kent its employees agents and
contractors in the performance of the City of Kents obligations under the
Agreement and this Amendment This indemnification provision shall
include but is not limited to all claims against the City of Auburn by an
employee or former employee of the City of Kent or its contractors and as
to such claims the City of Kent expressly waives all immunity and
limitation of liability under Title 51 RCW
To the extent allowed by law the City of Auburn shall defend indemnify
and hold harmless the City of Kent its elected officials employees and
agents from and against any and all suits claims actions losses costs
expenses of litigation attorneys fees penalties and damages or
whatsoever kind or nature arising our of in connection with or incident to
an act or omission of the City of Auburn its employees agents and
contractors in the performance of the City of Auburnsobligations under
this Agreement This indemnification obligation shall include but is not
limited to all claims against the City of Kent by an employee or former
employee of the City of Auburn or its contractors and as to such claims
the City of Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW
11 This Agreement shall remain in force until terminated by either party
hereto upon 60days written notice to the other party Any project costs
incurred up to the date of such notice as described herein shall be
shared in accordance with the provisions of this Agreement
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
Mayor Date
City Attorney Date
CITY OF KENT
KingCunty W
Mayor Date
Approved as to form
ByCity Attorney Date
HWQWATERUTILITYIlNTERTIESKENKENT EIA FINALDOC
RESOLUTION NO 35 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITYCLERK TO
EXECUTE A REVISED WATER SYSTEM INTERTIE AGREEMENT NO 3A
BETWEEN THE CITY OF AUBURN AND THE CITY OF ALGONA
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Algona have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and the City of Algona executed
Interlocal Agreement No 3 IA No 3 dated August 19 1996 and
WHEREAS information and exhibits in IA No 3 need to be updated to
reflect current status and
WHEREAS the Algona well and water right were not completely
conveyed by Algona to Auburn as intended under IA No 3 and
WHEREAS it is the desire of Algona and Auburn to finalize the IA No 3
agreement with respect to facilitiesconstructed and agree on a method of
payment for constructed and proposed facilities
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Resolution No 3534
September 26 2002
Page 1
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Algona have legal authority to cooperate with other localities on the
basisof mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute a revised Water System Intertie Agreement No
3A between the City and the City of Algona A copy of said Agreement is
attached hereto denominated as Exhibit 1 and made a part hereof as though
set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directivesof
this legislation
Resolution No 3534
September 26 2002
Page 2
CITY OF AUBURN
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3534
September 26 2002
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
200303000705PACZFZCNUTZTAG5000PAGEeelOFe32011328838944KZNGCOUNTYhA
RECORDERSCOVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement
Reference Numbersof Documents assigned or released
IAdditional reference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
GranteeAssigneeBeneficiary Last name first
Algona City of
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
IAssessors Property Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
THIS AGREEMENT made and entered into by andbetween the City of Auburn hereinafter
referred to as Auburn and the City of Algona hereinafter referred to as Algona for the
purposes of modifying Interlocal Agreement 3 between Algona and Auburn and establishing a
payment schedule for the system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have executed Interlocal Agreement 3 IA3 for the Algona
Intertie Project dated August 191996 and
WHEREAS both Cities agreed that the following facilities were to be built and funded
in part or in whole by Algona as a part of IA3
1 Five 5 Meter Stations
2 A Future Reservoir in Lakeland Hills
3 Wells 6 and 7 and
WHEREAS this agreement identifies one time capital facilities charges for the above
referenced projects that serve to increase the capacity of service to the City of Algona and
WHEREAS Algona agreed to deed over its primary Water Rightsinstantaneous flow
rate Qi of 500 gpm annual flow rate Qa of 175 acre feet per year wellfacilities and well
property protection zone easement to Auburn in exchange for Auburn providing a portion of the
Algonalong term water supply and
WHEREAS the Cities agreed to terminate a number of preexisting agreements and
WHEREAS Algona agreed to implement a water conservation program consistent with
Auburns conservation program and
WHEREAS Algona agreed to maintain its 100000 gallons of system storage participate
in an additional 100000 gallons of storage in the Auburn system or provide for the storage
otherwise and
WHEREAS Algona granted Auburn permission to construct own operate maintain
repair and replace Auburn water facilities within Algona right of way at Auburn expense and
WHEREAS the Boeing Company Welded Duct Facility was transferred to Algona as
a direct service customer and the existing meter was converted to a master meter and
WHEREAS a 180000 gallon share of the IA3 proposed 17 million gallon Lakeland
Hills Reservoir was to be financed byAlgona in accordance with the Algona January 1997 Water
System Plan and with Auburn storage criteria in accordance with the schedule contained in
Exhibit D of IA3 and
WHEREAS Auburn agreed to provide Algona up to 525000 gallons of average day
demand ADD and 1114000 gallons of maximum day demand MDD through 2014 and
WHEREAS the estimated project costs were shown in Exhibit D of IA3 and those
estimated costs were understated and
WHEREAS the Algona City well and associated water rights were not completely
conveyed by Algona to Auburn as intended under IA3 and
WHEREAS it is the desire of Algona and Auburn to finalize the IA3 agreement with
respect to facilities constructed and agree on a method of payment for constructed and proposed
facilities
NOW THEREFORE IT IS MUTUALLY AGREED as follows
In order to provide for the construction and operation of water supply facilities piping
and meters for a water supply intertie and reservoir capacity all between Auburn and Algona
the Participants mutually agree
1 Interlocal Agreement 3 IA3 for the Algona Intertie Project between the City of Algona and
the City of Auburn dated August 19 1996 and adopted by City of AuburnResolution No 2770
is hereby superceded by this Agreement
2 Algona shall convey to Auburn Algonas City well and any and all associated water rights by
Bill of Sale included as Exhibit F The well locationis depicted on Exhibit A In addition
Algona shall convey a Well Site Easement included as Exhibit G and Access Easement included
as Exhibit H for the aforementioned well All costs for said conveyances will be included within
the costs of projects planned under this Agreement In event of future well abandonment by
Auburn any and all related easements shall be vacated by Auburn and Algona and others shall
no longer be bound thereby
3 Algona shall have and implement a conservation program The conservation program shall
at a minimum be consistent with Auburns conservation program and include field testing for
leak detection repair of leaks and public information actions equal to Auburns public
information actions Algonas water conservation plan shall beincluded in the 2002 Algona
Water System Plan
4 So long as it continues to purchase wholesale water from Auburn Algona shall continue to
maintain and provide no less than the existing storage in its 100000 gallon reservoir in its
westerly service area Alternately Algona may elect to increase participation by 100000 gallons
within the future Auburn reservoir per Exhibit B herein or acquire storage otherwise such as
from Lakehaven Utility District and terminate the continued operation of the existing reservoir
in its westerly service area
5 Algona hereby grants Auburn the right to construct own operate maintain repair and
replace Auburns municipal water system including pipes fire hydrants valves meters and other
appurtenances located within Algona rightofway as shown on Exhibit A in perpetuity per the
terms and conditions herein
51 Auburn shall provide to Algona copies of available record drawingsshowing the
location of Auburns water system within Algona rightofway
52 Except for the normal operation of Auburns water system Auburn shall notify
Algona prior to any major waterline improvements or replacements which may
interfere with or disrupt any other utilities andor passage of traffic within Algona
Algona shall notify Auburn prior to any street or other utility improvement which
may interfere or disrupt Auburns water system
53 Auburn shall be responsible to pay for costs associated with improvements to
Auburns water system including necessary street patches In the event that Algona
constructs any street improvements on those rightsofway containing Auburns
water system Auburn shall be responsible to adjust all water system appurtenances
to finish grade including lowering or raising said pipelines at conflict with Algona
improvements
6 Algona agrees to financially participate in the supplemental supply development of a portion
of Auburns Well 6 and Well 7 in accordance with Exhibit D
7 This Agreement shall include construction and operation of up to five individual master
meter stations Three master meter stations including the one currently serving the Boeing
Welded Duct Facility and two installed under IA3 are as shown on Exhibit A The remaining
two meter stations will be located and constructed at the discretion of Algona For adequate
water distribution to be obtained it may also be necessary for Algona to construct additional
piping and connections at its own expense
8 Algona agrees to transfer title to Auburn for any water lines between existing master meter
stations and the existing Auburn mains Any piping between future master meter stations and
Auburn mains will be similarly transferred by Algona to Auburn Title will be transferred with a
billof sale and the water pipe will be regulated under Paragraphs 5 and 13 of this Agreement
9 This Agreement shall include future construction of a reservoir by Auburn within the
Lakeland Hills development area within Pierce County Washington The volume of the new
reservoir is presently estimated to be approximately 265 million gallons and this capacity is to
be shared with Algona Financial participation is to be based on a capacity percentage basis by
any and all municipalities sharing in the capacity whether the actual storage volume usage for
any such municipality is directly derived from the reservoir or not Algonascapacity shall be
180000 gallons exclusive of the provision of Paragraph 4 of this Agreement
10 Algona projects the need for supply source in the following quantities
Year Average Daily Demand mgd Maximum Daily Demand mgd
2004 0457 0945
2009 0491 1029
2014 0525 1114
11 Additional water supply may be available as mutually agreed to in writing by the Auburn City
Council and the Algona City Council
12 Respective facility ownership capacity rights and responsibility for operation maintenance
and renewal andor replacement rr are as specifically described in Exhibit B Operational
parameters shall be as specifically defined in Exhibit C
13 Distribution water pipelines within the city limits of a Participant shall be owned and the
responsibility of that Participant with the exception of Auburn facilities specifically identified on
Exhibit A and permitted by Paragraph 5
14 Retail customers whose property lies within the city limits of a Participant shall be the retail
customers of that Participant
15 For Auburn facilities within Algona as specifically identified on Exhibit A Algona hereby
grants a franchise to Auburn
16 Auburn shall design construct and maintain its facilities constructed under this Agreement in
accordance with the design standards described in the 2001 Auburn Comprehensive Water Plan
and the updates thereto
17 Both Participants shall exercise good faith and use best efforts in estimating project costs
However the foregoing notwithstanding each Participant shallbe responsible for and shall pay
for one hundred percent 100 of its actual proportionate share of the project costs regardless
of the estimate The project costs are estimated as shown in Exhibit D The Participants shall
maintain individual cost records of their expenses for the project Auburn will maintain overall
coordinated project cost records Algona has the right to review the design of each project in
Exhibit D prior to the project being bid Auburn shall allow sufficient time in the project
schedule for this review Should potential cost savings to the design be identified that are not in
conflict with accepted industry design standards Algona and Auburn shall work in good faith
and cooperatively to incorporate the potential cost savings into the final design
18 The Participants shall fully finance and pay for their proportionate share of cost as shown in
Exhibit D Algona shall deposit funds with Auburn to perform the project work for the proposed
facilities in accordance with the schedule shown in Exhibit E As future actual costs of projects
in Exhibit D are determined Auburn will notify Algona of such updates and the authorized
representatives will execute an update to Exhibit Dwhich will supercede all prior dated versions
of Exhibit D
19 Auburn has prepared a cost of service study to determine the cost of service to its customers
A customer classification for wholesaleAlgona has been created and rates for service charges
are based on a rate study for this customer classification Auburn will regularly update the cost
of service analysis Wholesale water rates to Algona will be based on costs of providing the
service
20 For purposes of this Agreement each Participant identifies its authorized representative as
the Mayor of Algona and as the City Engineer of Auburn
21 The Participants shall meet as needed for project coordination
22 The Participants shall be responsible for design construction management and
commissioning of all facilities to be constructed in accordance with ownership of the facility
Responsibilities may be assigned otherwise by agreement of the Participants authorized
representatives
23 It is acknowledged and agreed that in the event Auburn experiences any system failure or
decreased capacity for any reason the supply to Algona may be curtailed to an equal percentage
of use as Auburns curtailment is implemented Such curtailment shall be imposed byAlgona on
Algona retail customers immediately and simultaneously as such curtailment is imposed by
Auburn on Auburn retail customers
24 It is the intent of Auburn to provide the water described in Paragraph 10 whenever it is
available subject to the limitations described in Paragraph 23 Auburn shall use reasonable
diligence and best efforts to provide immediate noticein the event it becomes aware that it may
not be able to fulfill the requirements of Paragraph 10 for any reason
25 Aubum possesses the shortterm approximately five 5 years capacity to meet the storage
requirements for Algona Longterm storage requirements for Algona shall be met by Algona
financial participation within the next increment of storage to be constructed by Auburn
Algonas minimum financial participation shall provide for construction of storage volume
capacity of 180000 gallons inclusive of standby equalization and fire protection volume
storage Such 180000 gallon capacity is in addition to Algonas existing 100000 gallon
reservoir storage in its westerly service area
26 Algonas water supply needs above the 0525 mgd average daily demand and the 1114 mgd
maximum daily demand bothidentified in Paragraph 10 will be dependent upon negotiation of
an amendment to this Agreement
27 This Agreement shall remainin full force unless terminated by mutual agreement of the
Participants
28 This Agreement may be amended only in writing by approval signed by the Participants
29 The authorized representatives shall have authority to update Exhibits attached hereto The
Exhibits shall be updated andor revised only upon written agreement signed by the Participants
authorized representatives Updates must be ratified by each ParticipantsCity Council
30 Algona agrees to indemnify defend and hold harmless Auburn its officers directors
employees and agents and their successors and assigns from any and all costs or claims arising
out of or in any way resulting from Algonas default failure of performance or negligent
conduct associated with this Agreement It is further agreed that Auburn shall provide water to
Algona consistent with its provision of water to all of its retail water customers and the failure of
the Auburn water system to deliver flow to Algona in whole or in part as described in this
Agreement so long as Auburnis providing water to Algona consistent with its provision of water
to the rest of its retail water customers and consistent herewith shall not give rise to an action
against Auburn and Algona agrees to indemnify defend and hold harmless Auburn its officers
directors employees and agents and their successors and assigns from any and all costs or
claims arising out of or in any way resulting from any such failure of the Auburn water system to
deliver flow to Algona in whole or in part This indemnification provision shall include but is
not limited to all claims against Auburn by an employee or former employee of Algona or their
contractors and as to such claims Algona expressly waives all immunity and limitation of
liability under Title 51 RCW
Auburn agrees to indemnify defend and hold harmless Algona their officers directors
employees and agents and their successors and assigns from any and all costs or claims arising
out of or in any way resulting from Aubums default or negligent conduct associated with this
Agreement This indemnification provision shall include but is not limited to all claims against
Algonaby an employee or former employee of Auburn or its contractors and as to such claims
Auburn expressly waives all immunity and limitation of liability under Title 51 RCW
31 The parties shall make good faith efforts to resolve by informal discussion any dispute arising
under or in connection with this Agreement If at any time either party to this Agreement
determinesthat such informal discussions will not result in a resolution of the dispute such party
may request formal discussion by both parties If formal discussion by the parties does not
resolve the dispute a settlement conference shall be held within thirty 30 days of the
unsuccessful resolution meeting The settlement conference will be held at the Seattle office of
Judicial Arbitration and Mediation Services Inc JAMS The complaining party must contact
JAMS to schedule the conference The parties may agree on a retired judge from the JAMS
panel If they are unable to agree JAMS will provide a list of three available judges and each
party may strike one The remaining judge will serve as the mediator at the settlement
conference
32 If any provision of this Agreement is invalid or unenforceable the remaining provisions shall
remainin force and effect
IN WITNESS WHEREOF the Participants hereto have caused this Agreement to be
executed by their proper Officers on the date shown below
City ofBy
Its Mayor
Attest by
Approved as to Form
City of Algona
102102
By
Its
Date
Attest by v
Approved as to Form by s
NORMALLY CLO
10th
8 MET
10th AVE
3TING
I00000
RESERV
6th
AVE N
EMERGENCY INTERTIi
CONSTRUCTED JULY
4 METER
WELL
ib AND
AUBURN
ELLINGSON
D Jl EXISTJNG METER
FUTURE METER
VE
AUBURN CITY LIMITS
QUADRANT WATE ALGON
ALGONA WATE
1ST
RESERVOIR
PIERCE OU
EXHIBIT A FACILITIES LAYOUT PLAN
IA 3A
ALGONA INTERTIE PROgECT SCALE 1800
Update Approval
1 Auburn
Algona
2 Auburn
Algona
3 Auburn
Algona
Exhibit A
Facilities Layout Plan
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
continued
Dated
Dated
Dated
Dated
Dated
Dated
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance and
Renewal and Replacement Responsibilities
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Operation
Facility Location Facility Capacity Maintenance
Ownership Rights RenewalReplacement
Responsibility
Meter Station 1 200 easterly of the Auburn 100 Algona Auburn
existing for Boeing Intersection of 1st
Avenue Noah and
Perimeter Road
Meter Station 2 Intersection of Auburn 100 Algona Auburn
existing Milwaukee Avenue and
Boundary Boulevard
Meter Station 3 Intersection of Industry Auburn 100 Algona Auburn
existing Drive North and
Boundary Boulevard
Meter Station 4 Presently unknown but Auburn 100 Algona Auburn
future probably near
intersection of West
Valley Highway and
Boundary Boulevard
extended
Meter Station 5 Presently unknown but Auburn 100 Algona Auburn
future probably near
intersection of UP RR
and 1 st Avenue Noah
Algona Well I50 northwesterly Auburn 100 Auburn
existing of intersection of Auburn
Washington Boulevard
and 3rd Ave South
Lakeland Hills Lakeland Hills Pierce Auburn 180000 Auburn
Reservoir future County gallons
Algona
remainder
Auburn
Supply Qi Well 6 FulmerField Auburn 1114000 Auburn
existing Well 7 City Park gpd Algona
supplemental remainder
water rights Auburn
9
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance and
Renewal and Replacement Responsibilities
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
continued
Update Approval
1 Auburn
Algona
2 Auburn
Algona
Dated
Dated
Dated
Dated
lO
Exhibit C
Project Criteria
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Project Criteria
Meter Stations to be sized on flow volume criteria as opposed to line size
Maximum Qi daily demand flow is 1114 million gallons per day for total of all
meter stations supply to Algona except in case of fire or emergency
Maximum annual Qa average daily demand flow is 0525 million gallons per day for
total of all meter stations supply to Algona
Each meter station shall be calibrated annually for the first three years of operations
and thereafter at the discretion of Auburn
Reservoir capacity for Algona is 180000 gallons of the estimated 265 mg total
capacity in the proposed Lakeland Hills Reservoir
Total of all meter stations supply to Algona necessary for peak hourly flow and fire
flow shallbe determined by Algona and such data provided to Auburnfor meter
station design andor station design review
Update Approval
1 Auburn Dated
Algona Dated
2 Auburn Dated
Algona Dated
11
Exhibit D
Project Cost Estimate
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Incurred Costs
IA3 To Date
Description Estimated Cost Expenditures to Date Auburn Algona
METER STATIONS includes allied
costs
2inch@ Boeing NA NA NA NA
8inch@ Industry Drive 25740 76723 31757 44966
8inch@ Milwaukee 25740 76723 31757 44966
8inchFuture 28600 NA 0 100
8inchFuture 31460 NA 0 100
Subtotal Meter Stations 111540 153446 63514 89932
SUPPLY FACILITIES
Well 6 1057507 990514 66993
Well 7 2387050 2235829 151221
Subtotal Supply Facilities 1787500 3444557 3226343 218214
PRELIMINARY COSTS
Algona WellWater Rights 5000 5000 5000 0
Conveyance
Algona Water Rights NA NA 30000 30000
Well Easements 2000 2000 2000 0
SKCRWA JOA Development 5800 5800 0 5800
COSRate Study 1627 1627 0 1627
Subtotal Preliminary Costs 14427 14427 37000 22573
COSTS TO DATE NA 3612430 3326857 285573
PAYMENTS TO DATE NANA 3326857 8530O
BALANCEOWING NANA 0 200273
STORAGE FACILITIES
Lakeland Hills Res 2700000 NA 2520000 180000
Subtotal Storage Facilities 2700000 NA 2520000 180000
Estimated Total PROJECT COST 4613467 6312430 5846857 465573
Update Approval
1 Auburn Dated
Algona Dated
2 Auburn Dated
Algona Dated
12
Activity
Exhibit E Project Schedule
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Date
Execute Interlocal Agreement 3
Complete master meter stations design for initial two stations
Algona to provide well water rights and easements conveyance
to Auburn
Award master meter stations construction contract
Complete construction of master meter stations 42 and 3
Final master meter stations and conveyance project
cost accounting
Interim payment of 85300 from Algona
Final Auburn Wells 6 and 7 cost accounting
Execute Inteflocal Agreement 3A
Future construction of master meter stations 4 and 5
Algona to provide 200273 to Auburn
for partial payment of cost incurred to date
Algona to provide 180000 to Auburn
for partial payment for futureReservoir
Final project cost accounting
Final IA 3A balancing payment from Algona
Completed
Completed
November 2002
Completed
Completed
Completed
Completed
Completed
November 2002
To be determined
31 March 2003
Due at Construction
Contract Award
31 March 2008
30 April 2008
13
Exhibit E Project Schedule
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Update Approval
1 Auburn
Algona
2 Auburn
Algona
Dated
Dated
Dated
Dated
14
Exhibit F Bill of Sale for Algonas Well
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
follows
eturn Address
City of Auburn
City Clerk
25 West Main
Auburn WA 98001
Above this line reserved for recording information
Reference if applicable
GrantorBorrower
BILL OF SALE
NA
1 City of Algona
GranteeAssigneeBeneficiary
Legal DescriptionSTR
AssessorsTax Parcel IDg
City of Auburn
NW SW 14252I4E
9543000570
Additional on page
2
Additional on page
Additional on page
KNOW ALL MEN BY THESEPRESENTS that for and in consideration of the sum of
ONE DOLLAR100 and for the consideration of incorporating the facilities into the City
system and other good and sufficient consideration receipt whereof is hereby acknowledged the
undersigned Grantor City of Algona a Municipal Corporation in King County Washington do
by these presents hereby convey setover assign transfer and warrant to the City of Auburn a
Municipal Corporation in King County Washington a well and waterworks supplying water for
public use the associated ground water right EXHIBIT A Certificate Number GI22769C
and all appurtenances or any other associated public facility generally consisting of a ten 10
inch casing to approximately 65 feet beow ground surface Situated within the following
described real property
See EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
and the said Grantors hereby warrants that they are the sole owners of all the property above
conveYed that they have full power to convey the same andthat they will defend the title of the
said Grantee against any and all persons lawfully making claim thereto and indemnify the City
of Auburn for any costs including Attorney fees in defending tide
Bill of Sale
Page I of 2
day of
IN WITNESS wHEREOF the Grantors hashave executed these presents this
2002
City of Algona GRANTOR
GLENN WILSON MAYOR
STATE OF WASHINGTON
SS
County of King
I certify that I know or have satisfactory evidence that
is the person who appeared before me and said person acknowledged that heshe signed
this instrument on oath stated that heshe was authorized to execute the instrument and
acknowledged it as the of
a Municipal Corporation to be the free and voluntary act
of such party for the uses and purposes mentioned in this instrument
Dated
Notary Public in and for theState of Washington
residing at
My appointment expires
File 41
REF HFORMSFC089R 401
Bill of Sale
Page 2 of 2
trde Street AI kashJnton 98002
ricilto
t d iii tl riilirdb r Ih pnrltlllof1alld IIw idridtl to IJr
o id
PUBLIC WATEREE APPROPRIATED
Iv contJnuousZ
LOCAIION OF DIVERSIONWITHDRAWAL
400 feet east and 1200 feet south froe st qrter cornerof Sec 25
RECORDED PLATED pROPERT7
Aea serred by it of lgo
7to right to the use ofthe tervforeid herein confirmed i tetrictetotheland or pce
deabraept pmldedbt RC 900090090and 904020
041
Given under thy i and attdthe nloth orce at IashhioflthB
o 0g I
Departmen of Ecology
t h o E
IOBBRTKIlcalllRegional lqanagor
FOIl COUNTY USE ONLY
ilArl Iii AiiIaRI4
DEPARTIETOF ECOLOGY
PROOF OF APPROPRIATION OFWATER
sr7LrStreet Aror A qPr
LEGAL DESCRIPTIOH OF PROPERTT OH WHICH WTER
e3te ZOC LOt
PBLa Vol lO e 16 tntot or
tcr ieL rJty cr Ale om 1ashJrtor
CescripUonofC ty UnJts Al hnt U oFFecti F3 25 26 a 35
nFZ3G at therthgcner oF eouthmomrteror ctlon 23T
nnorth
tnrcCJonvRhtehyn or therht7oRhtet
heeaer
3y Jd easterly re tn or 6bAnm Sauth to anLnLeraectlm wRh
thood
Exhibit G Well Site Easement
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaJAuburn Intertie Agreement No 3A
follows
16
ReturrAddress
City of Auburn
City Clerk
25 West Main
Auburn WA 98001
Above thisline reserved for recording information
EASEMENT
Well Site Easement
Reference if applicable
GrantorBorrower
GranteeAssigneeBeneficiary
Legal DescriptionSTR
AssessorsTax Parcel IDS
NA
City of Algona
City of Auburn
NW SWI425214E
9543000570
Additional on page
2
Additional on page
Additional on page
For and in consideration of the sum of one dollar 100and other good and valuable
consideration in hand paid receipt of whichis hereby acknowledged and for benefits to be
derived by the Grantor herein Grantor City of Algona a municipal corporation of King County
Washington hereby conveys and warrants to the City of Auburn Grantee herein a municipal
corporation of King County Washington its successors and assigns a perpetual Nonexcusive
Easement under over through and across the following described real property for the purpose
of operating maintaining installing and decommissioning a well and waterworks supplying
water for public use AND APPURTENANCES THEREOF said real property being described as
follows
SEE EXHIBITS A AND B ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
This easement is given under the threat of and in lieu of Eminent Domain
Said Grantee shall have the absolute right at times as may be necessary for immediate entry
upon said Easement for the purpose of maintenance inspection construction repair
reconstruction or decommissioning of the above improvements without incurring any legal
obligation or liability therefore
Said Grantee shall have the absolute fight to place any type of driving surface within said
Easement deemed necessary by the Grantee
EASEMENT
Page I of 4
Said Grantor shall not in any way block restrict or impede access and egress to or from said
Easement andor in any way block restrict or impede full use of the real property within the
abovedescribed Easement by said Grantee for the abovedescribed purposes Said Grantor may
fence across said Easement andor along the boundaries of said Easement provided that a gate is
constructed in said fence Said gate shall be of sufficient length and location to allow the Grantee
full use of and access and egress to and from the real property within the abovedescribed
Easement If said gate is to be locked keys shall be provided to the Grantee
This Easement shall be a covenant running with the abovedescribed real property and burden
said real estate and shall be binding on the successors heirs and assigns of all parties hereto
Dated this day of 2002
City of Algona GRANTOR
GLENN WILSON MAYOR
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that
and
isarethe personswho appeared before me and said individuals acknowledged that
heshethey signed this instrument and acknowledged it to be hishertheir free and voluntary act
for the uses and purposes mentioned inthis instrument
Dated
Notary Public in and for the state of Washington
residing at
My appointment expires
REF HFORMSkFC087498
EASEMENT
Page 2 of4
EXHIBIT A
ALGONA WATER WELL EASEMENT
3RD AVENUE SOUTH ANDWASHINGTON BOULEVARD
THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND
29 AND 30 ALL IN BLOCK 4 OF WOODS ALGONA ADDITION DIVISION NUMBER
1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS PAGE 36
RECORDS OF KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30 THENCE
NORTH013115 EAST ALONG THE WEST BOUNDARY OF SAID LOT 30 A
DISTANCE OF 1312 FEET THENCE SOUTH 882845 EAST 4952 FEET TO THE
TRUE POINT OF BEGINNING THENCE NORTH 013115 EAST 10000 FEET
THENCE SOUTH 882845 EAST 10000 FEET THENCE SOUTH 013115 wEST
8000 FEET THENCE SOUTH 882845 EAST 117 FEET MORE OR LESS TO THE
WEST MARGIN OF WASHINGTON BOULEVARD THENCE SOUTHERLY 2000
FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON
BOULEVARD TO A POINT WHICH BEARS SOUTH 882845 EASTFROM SAID
TRUE POINTOF BEGINNING THENCE NORTH 882845 WEST 217 FEET MORE
OR LESS TO SAID TRUE POINT OF BEGINNING
SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 25 TOWNSHIP 21 NORTH RANGE 4 EAST W M
EASEMENT
Page 3 of 4
EXHIBIT B
EASEMENT
Page 4 of 4
Exhibit H Access Easement
to
WATER SYSTEM INTERTIE AGREEMENT
AigonaJAuburn Intertie Agreement No 3A
follows
17
Reiurn Address
City of Auburn
City Clerk
25 West Main
Auburn WA 98001
Above this line reserved for recordin information
EASEMENT
Access Easement
Reference if applicable
GrantorBorrower
GranteeAssigneeBeneficiary
Legal DescriptionSTR
AssessorsTax Parcel IIg
NA
lCity of Algona
City of Auburn
NW SW1425214E
9543000570
Additional on page
2
Additional on page
Additional on page
For and in consideration of the sum of one dollar 100and other good and valuable
consideration in hand paid receipt of which is hereby acknowledged and for benefits to be
derived by the Grantor herein GrantorCity of Algona a municipal corporation of King County
Washington hereby conveys and warrants to the City of Auburn Grantee herein a municipal
corporation of King County Washington its successors and assigns a perpetual Nonexclusive
Easement under over through and across the following described real property for the purpose
of ingress and egress said real property being described as follows
sEE EXHI3ITS A AND B ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
This easement is given under the threat of and in lieu of Eminent Domain
Said Grantee shall have the absolute right at times as may be necessary for immediate entry
upon said Easement for the purpose of maintenance inspection construcuon repair or
reconstruction of the above improvements without incurring any legal obligation or liability
therefore
Said Grantee shall have the absolute right to place any type of driving surface within said
Easement deemed necessary by the Grantee
Said Grantor shall not in any way block restrict or impede access and egress tO or from said
Easement andor in any way block restrict or impede full use of the real property within the
EASEMENT
Page 1 of 4
abovedescribed Easement by said Grantee for the abOvedescribed purposes Said Grantor may
fence across said Easement andor along the boundaries of said Easement provided that a gate is
constructed in said fence Said gate shall be of sufficient length and location to allow the Grantee
full use of and access and egress to and from the real property within the abovedescribed
Easement If said gate is to be locked keys shall be provided to the Grantee
This Easement shall be a covenant running with the abovedescribed real property and burden
said real estate and shall be binding on the successors heirs and assigns of all parties hereto
Dated this day of 2002
City of Algona GRANTOR
GLENN WILSON MAYOR
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that
and
isare the personswho appeared before me and said individuals acknowledged that
heshethey signed this instrument and acknowledged it to be hishertheir free and voluntary act
for the uses and purposes mentioned inthis instrument
Dated
Notary Public in and for theState of Washington
residing at
My appointment expires
REF HkFORMSFC087498
EASEMENT
Page 2 of 4
EXHIBIT A
ALGONA WATER WELL EASEMENT
3RD AVENUE SOUTH AND WASHINGTON BOULEVARD
THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND
29 AND 30 ALL IN BLOCK 4 OF WOODS ALGONA ADDITION DIVISION NUMBER
1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS PAGE 36
RECORDS OF KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OFSAID LOT 30 THENCE
NORTH 01 31 15 EAST ALONG THE WEST BOUNDARY OF SAID LOT 30 A
DISTANCE OF 1312 FEET THENCE SOUTH 882845 EAST 4952 FEET TO THE
TRUE POINT OF BEGINNING THENCE NORTH 0131 15 EAST 10000 FEET
THENCE SOUTH 882845 EAST 10000 FEET THENCE SOUTH 013115WEST
8000 FEET THENCE SOUTH 8802845 EAST 117 FEET MORE OR LESS TO THE
WEST MARGIN OF WASHINGTON BOULEVARD THENCE SOUTHERLY 2000
FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON
BOULEVARD TO A POINT wHICH BEARS SOUTH 882845 EAST FROM SAID
TRUE POINT OF BEGINNING THENCE NORTH 882845 WEST 217 FEET MORE
OR LESS TO SAID TRUE POINTOF BEGINNING
SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 25 TOWNSHIP 21 NORTH RANGE 4 EAST W M
EASEMENT
Page 3 of 4
EXHIBIT B
EASEME1WF
Page 4 of 4
RESOLUTION NO 3 4 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE
WHEREAS pursuant to RCW 35A11040 Auburn and Bonney Lake
have legal authority to exercise their powers and perform any of their functions
as set forth in RCW 3934 and
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Bonney Lake have legal authority to cooperate with other localities
on the basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and the City of Bonney Lake currently
have water facilities in the vicinity and
WHEREAS both cities can increase fire protection and emergency water
supplyreliability for their customers and
WHEREAS both cities are willing to provide the necessary services to
increase fire fighting and emergency supplyreliability upon theterms and
conditions set for in the Emergency Water System Intertie Agreement
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Resolutior No 3434
February 27 2002
Page I
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Aubum and Bonney Lake have legal authority to cooperate with other localities
on the basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn ara
herewith authorized to execute an Emergency Water System Intertie
Agreement between the City and the City of Bonney Lake A copy of said
Agreement is attached hereto denominated as Exhibit A and made a part
hereof as though set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry outthe directives of
this legislation
Resolution No 3434
February 27 2002
Page 2
DATED thisday of
ATTEST
2002
CITY OF AUBURN
PETER B LEWIS
MAYOR
Datielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3434
February 27 2002
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
RECORDERSCOVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement Emergency Water System Intertie Agreement
Reference Numbers of Documents assigned or releasedIAdditionalreferencesonpageofdocument
O
GrantorsBorrowers Last name first then first name and initialsEAuburnCityof
GranteeAssigneeBeneficiary Last
Bonney Lake City of
name first
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
Assessor Tax not yet assigned
EXHIBIT A
EMERGENCY WATER SYSTEMINTERTIE AGREEMENT
Bonney LakeAuburn Intertie Agreement No 3
THIS AGREEMENT made and entered into by and between the City of AuburnhereinafterreferredtoasAuburnandtheCityofBonneyLakehereinafterreferredto
as Bonney Lake for the purposes of planning designing constructing maintaining and
operating an emergency system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have water facilities in the vicinity and
WHEREAS both Cities can increase fire protection and emergency water supplyreliabilityfortheircustomersand
WHEREAS the Cities are willing to provide the necessary services to increasefirefightingandemergencysupplyreliabilityuponthetermsandconditionssetforthherein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
The emergency water system intertie is designed tobe operated manuallyasatwowayemergencysupplybetweentheAuburnandBonneyLake
Systems The facility shall be located in Evergreen Way SE at theWater
ServiceArea Boundaries between the two cities Final location and
configuration of the facilities shall be determined at the time of final
design Initially theIntertie is assumed tobe a oneway supply from
Bonney Lake to Auburn
The emergency water system intertie shall be operated only in the event
of an emergency For purposes of this agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical
equipment failure electrical equipment failure or Puget Sound Energyfacilityfailureoranyotheragreeduponemergencywithinthewater
supply system
Aubum will design and administer the contract for the construction of themeteringstationThefacilitywillbedesignedandconstructedin
accordance with reasonably accepted water utility standards for similarmunicipalwaterutilitiesAuburnwillownandmaintainthepipinginteriorequipmentemergencymeterandinteriorappurtenancesandallpipinguptotheBonneyLakesideofthevaultforthemeteringstation
Exhibit A
Resolution No 3434
Upon completion of construction Auburn will transfer ownership of all
exterior appurtenances and all piping which is located on the BonneyLakesideofthevaulttoBonneyLakeBonneyLakewillownand
maintain the exterior appurtenances and all piping on Bonney Lakes side
of the vault
Each City will each have unlimited access to the vault via a dual padlock
or ownership of keys to the vault
Each City will operate the respective normally locked valveinside of the
vault Auburn will solely unlock and operate the locked valve on Auburns
side of the meter and Bonney Lake will solely unlock and operate the
locked valve on Bonney Lakes side of the meter
The procedure for operating the intertie in the event of such emergencyshallbeasfollows
Each City shall determine that an emergency of sufficient
magnitude has occurredwhich warrants the need to request that
the intertie be activated
Bo The Public Works Director or appointed person or authorized
personnel shall provide a verbal request to the other Citys Public
Works Director or appointed person Upon agreement that an
emergency exists which shall allow for the intertie tobe opened the
intertie will be activated as soon as reasonably possible Both
Cities personnel shall be present at the vault to open the valves to
activate the facility
The City requesting the activation shall provide a written
confirmation of the request not less than 24 hours after the verbal
request oron the first day of normal business after the verbal
request
The intertie shall remain activated until the City requestingactivationdeterminesthattheneedforactivationoftheemergencyintertiehasceasedandshallrequestinwritingtoclosetheintertie
In case of emergency or whenever the public health safety or the
equitable distribution of water so demands the City supplying the
water may change reduce or limitthe time for or temporarilydiscontinuethesupplyofwaterwithoutnoticewaterservicemaybetemporarilyinterruptedlimitedforpurposesofmakingrepairsextensionsordoingothernecessaryworkandtheCitysupplyingthewatershallnotberesponsibleforanydamageresultingfrom
interruption change or failure of the water supply and the City
10
receiving the water City requesting activation shall save and hold
harmless the City supplying the water from any loss damages or
suites to or by customers of the City receiving the water resultingfrominterruptionchangeorfailureofwatersupplyprovidedbythis
Agreement except damages arising out of the City supplying the
waters negligence Prior to a planned interruption or limiting of
service the City supplying the water will notify the City receiving the
water of such not less than three daysprior to the service
disruption The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will to the extent practical limit the service disruption to
daylight hours
Auburn shall read the meter upon activation and upon deactivation of the
intertie The citysupplying the water shall verify the information and shall
then calculate and invoicethe other city for the water used during the
request The invoice shall be calculated by the total water used during the
event The rate shall beat the current Auburn Wholesale Rate or the
lowest Bonney Lake retail rate depending on which city is supplying the
water This shall be complete payment for the water labor and
administration of activating the intertie
The total project costs shall include costs for consulting design serviceandconstructionAuburnshallbearthetotalprojectcostsuntiland
unless it can be demonstrated that Bonney Lake can benefit from the
intertie At such time the parties agree to negotiate thefairshare of the
total actual project costs that correspond to the benefit Bonney Lake could
receive Bonney Lake agrees to pay such fairshare of the total projectcostsuponbillingforsamebyAuburnBonneyLakewillhavetherightto
build an intertie from Auburn to Bonney Lake at another location BonneyLakewillbearthecostofbuildingaseparateintertieEachCityis
responsible for associated staff administration and legal costs associated
with the implementation of the agreement
To the extent allowed by law the City of Bonney Lake shall defendindemnifyandholdharmlesstheCityofAuburnitselectedofficialsemployeesandagentsfromandagainstanyandallsuitsclaimsactionslossescostsexpensesoflitigationattorneysfeespenaltiesand
damages of whatsoever kind or nature arising out of or in connection with
or incident to an act or omission of the City of Bonney Lake itsemployeesagentsandcontractorsintheperformanceoftheCityof
Bonney Lakes obligations under the Agreement and this Amendment
This indemnification provision shall include but is not limited to all claims
against the City of Auburn by an employee or former employee of the CityofBonneyLakeoritscontractorsandastosuchclaimstheCityof
Bonney Lake expressly waives all immunity and limitation of liability under
Title 51 RCW
To the extent allowed by law the City of Auburn shall defend indemnifyandholdharmlesstheCityofBonneyLakeitselectedofficialsemployeesandagentsfromandagainstanyandallsuitsclaimsactionslossescostsexpensesoflitigationattorneysfeespenaltiesand
damages or whatsoever kind or nature arising our of in connection with or
incident to an act or omission of the City of Auburn its employees agentsandcontractorsintheperformanceoftheCityofAuburnsobligationsunderthisAgreementThisindemnificationobligationshallincludebutis
not limited to all claims against the City of Bonney Lake by an employee
or former employee of the City of Auburn or its contractors and as tosuch
claims the City of Auburn expressly waives all immunity and limitation ofliabilityunderTitle51RCW
11 This Agreement shall remain in force until terminated by either partyheretoupon60dayswrittennoticetotheotherpartyAnyprojectcostsincurreduptothedateofsuchnoticeasdescribedhereinshallbesharedinaccordancewiththeprovisionsofthisAgreement
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
vlayor Date
Approved as tozm
iy tAttory
CITY OF B3rl LAKEPiercedByyMayorzLte
ity Attorry Date
ORDINANCE NO 5 59 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURNWASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTOEXECUTEAFRANCHISEAGREEMENTBETWEENTHECITYOFBONNEYLAKEANDTHECITYOFAUBURNALLOWINGTHECITYOFBONNEY
LAKE TO CONNECT INSTALLOPERATE MAINTAIN AND REPAIR A
WATER SYSTEM FACILITIES AND APPURTENANCES IN OVER ALONGACROSSANDUNDERTHEFRANCHISEAREAFORTHEPURPOSEOFPROVIDINGWATERSERVICE
WHEREAS the City of Auburn and the City of Bonney Lake have
entered into a Settlement Agreement executed March 5 1998 pursuant to
Resolution 2925 adopted March 2 1998 related to water service to the
Lakeland Hills South development in which according to Section 3 Auburn
recognizes and agrees to Bonney Lakes exclusive right to serve with water all
portions of Bonney Lakes water service area as designated by the 1995 Pierce
County Coordinated Water System Plan and
WHEREAS the City of Auburn and the City of Bonney Lake have entered into a
Service Area Agreement executed December 10 1998 pursuant to Resolution
3018 adopted December 7 1998 which revised the boundary between their
respective water service areas and
WHEREAS the City of Auburn has annexed portions of the City of
Bonney Lakes water service area and
Ordinance No 5592
April 9 2002
Page 1 of 4
WHERIAS according to Section 7 of said Settlement Agreement the
City of Auburn guaranteed the City of Bonney Lake the right to transport water
through Auburnscorporate boundaries within Pierce County and
WHEREAS Section 7 of said Settlement Agreement states that the
guarantee to transport water shall be effectuated by the execution of
easements agreements franchises licenses or other documents as are
appropriate and
WHEREAS the City of Bonney Lake desires to connect install operate
maintain and repair a water system facilities and appurtenances in over
along across and under the franchise area for the purpose of providing water
service
WHEREAS in order to maintain control over the use of City of Auburn
rightofways by utilities operating within the City of Auburn it is appropriate to
enterinto franchise agreements with such utilities and
WHEREAS City of Bonney Lake is such a utility and has negotiated this
franchise agreement with the City of Auburn acceptable to both parties and
WHEREAS the City of Auburn has determined that it is in the best
interests of the public to grant the City of Bonney Lake a franchise on the terms
and conditions set forth in this Agreement
Ordinance No 5592
April 9 2002
Page 2 of 4
NOW THEREFORE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED DO ORDAIN
AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Franchise Agreement between the City of Bonney Lake
and the City A copy of said Agreement is attached hereto denominated as
Exhibit A and made a part hereof as though set forth in full herein
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry outthe directives of
this legislation
Section 3 This Ordinance shall take effect and be in force five 5 days
from and after its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
May 6 2002
May 6 2002
May 6 2002
PETER B LEWIS
MAYOR
Ordinance No 5592
April 9 2002
Page 3 of 4
ATTEST
City Clerk
City Attorney
Ordinance No 5592
April 9 2002
Page 4 of 4
200212300566 16 pGS
2002 1022am 34002E3OcECOUNTYASHNGTON
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
RECORDERSCOVER SHEET
Document Titles or transactions contained therein
Franchise Agreement
Reference Numbers of Documents assigned or releasedJIAdditionalreferencesonpageofdocument
GrantorsBorrowers Last name first then first name and initialsAuburnCityof
GranteeAssigneeBeneficiary Last name firstBonneyLakeCityof
Legal Description abbreviated ielot block plat or section township range
Portion of Section 6 Section 5 Section 7 and Section 8 Township 20 North Range 5EastWM
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
EXHIBIT A
CITY OF AUBURN WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF BONNEY LAKE
WHEREAS the City of Auburn and the City of Bonney Lakehave entered into a
Settlement Agreement executed March 5 1998 pursuant to Resolution 2925 adoptedMarch21998relatedtowaterservicetotheLakelandHillsSouthdevelopmentinwhich
according to Section 3 Auburn recognizes and agrees to Bonney Lakesexclusive right to
serve with water all portions of Bonney Lakes water service area as designated by the
1995 Pieme County Coordinated Water System Plan and
WHEREAS the City of Auburn and the City of Bonney Lake have entered into a
Service Area Agreement executed December 10 1998 pursuant to Resolution 3018
adopted December 7 1998 which revised the boundary between their respective water
service areas and
WHEREAS the City of Auburn has annexed portions of the City of Bonney Lakes
water service area and
WHEREAS according to Section 7 of saidSettlement Agreement the City of
Auburn guaranteed the City of Bonney Lake the right to transport water through Auburns
corporate boundaries within Pierce County and
WHEREAS Section 7 of said Settlement Agreement states that the guarantee to
transport water shall be effectuated by the execution of easements agreements
franchises licenses or other documents as are appropriate and
WHEREAS the City of Bonney Lakedesires to connect install operate maintain
and repair a water system facilities and appurtenances in over along across and under
the franchise area for the purpose of providing water service
WHEREAS in order to maintain control over the use of City of Aubum dghtofwiysbyutilitiesoperatingwithintheCityofAuburnitisappropriatetoenterintofranchise
agreements with such utilities and
WHEREAS City of Bonney Lake is such a utility and has negotiated this franchise
agreement with the City of Auburn acceptable to both parties and
WHEREAS the City of Auburn has determined that it is in the bestinterests of the
public to grant the City of Bonney Lake a franchise on the terms and conditions set forth in
this Agreement
NOW THEREFORE THE CITY OF AUBURN ANDTHE CITY OF BONNEY LAKE
AGREE AS FOLLOWS
Ordinance No 5592
ExhibitA
Page lof12
SECTION 1 DEFINITIONS
Where used in this franchise Franchise the following definitions shall apply
11 Franchisee means the City of Bonney Lake a Washington municipalcorporationanditsrespectivesuccessorsandassigns
12 City means the City of Auburn a Washingtonmunicipal corporation
13 Franchise Area means all of the public reads streets avenues alleys
highways and other rightsofway of the City as now laid out platted dedicated or
improved and any and all public reads streets avenues alleys highways and other
rightsofway that may hereafter be laid out platted dedicated or improved withinthe area
as described with Exhibit 1 attached hereto which is by this reference incorporated as if
fully set forth herein provided that the Franchise Area shall not include or convey any right
to Franchisee to install facilities on or to otherwise use City owned or leased properties
outside theFranchise Area
14 Facilities means the Franchisees water system lines mains
appurtenances and all other necessary or convenient facilities for the purpose of providing
water service
15 Ordinance means this ordinance setting forth the terms and conditions
of the franchise granted to the Franchisee
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this ordinance the City grants to the
Franchisee the right to construct and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing installing operating
maintaining removing and replacing mains and pipes and making connections between
the same to the dwellings and other buildings of the consumers In exercising the
foregoing rights the Franchisee shall be governed by and conform to the general rules
adopted by thePublic Works Department of the City of Aubum and the Franchisee at no
expense to the City shall complete all work and shall replace and restore the City reads to
the condition of the City roads existing immediately prior to such disturbance PROVIDED
HOWEVER that no such work shall be done prior to the obtaining of a permit therefor
issued by the Citys Public Works Director hereinafter Director which permit shall set
forth conditions pertaining to the work tobe done and specifications for the restoration of
the roads to the same condition as they were pdor to such work If the Franchisee does not
repair the City roads to the satisfaction of the Director the City may at its sole discretionrepairsuchCityreadsorcausethemtoberepairedandtheFranchiseeherebyagreesto
reimburse the City for the cost of such work including overhead costs
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect fromtheeffective date of this
Ordinance forward for a period not to exceed seven 7 years from the effective date of
any Aubum annexation of any area within the boundary defined in Exhibit 1 for said area
but subject to earlier termination in accordance with the terms and conditions of the
Settlement Agreement provided that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a written
acceptance of this Franchise with the City pursuant to Section 4 of this Agreement
Ordinance NO 5592
Exhibit
Page 2 of 2
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shallbefiled with
the City Clerk within fortyfive 45 days from the date of this Ordinance by the Franchisee
Full acceptance of this Franchise is a condition precedent to its taking effect and unless
this Franchise is accepted within the time specified this grant will be null and void and
have no force or effect
SECTION 5 NONEXCLUSIVE FRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property including
the Franchise Area This Franchise does not prevent or prohibit the City from constructing
altering maintaining or using any of the Franchise Area The City retains full power to
make all changes relocations repair maintenance or other work to or in theFranchise
Area as the City deems fit
SECTION 6 JURISDICTION
This Franchise is intended to convey limited rights and interest only as to those roads and
rightsofway in which the City has an actual interest It is not a warranty of title or of
interest in City road rightsofway None of the rights granted to the Franchisee shallaffect
the jurisdiction of the City over City read rightsofway or the Citys power to perform work
upon its roadways rightsofway or appurtenant drainage facilities including by
constructing altering renewing paving wideninggrading blasting or excavating
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has or
may later acquire in the future to regulate the use of and to control the City read rightsof
way covered by this Franchise The City reserves the right and power at all times to
exercise its police powers with respect to the time manner and location of the placement
of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to
the exercise of eminent domain In the event of an exercise of eminent domain by the City
thevalue to be attributed to all the rights and interests granted under this Franchise shall
not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise
SECTION 9 VACATION
If at any time the City vacates any City rightsofway covered by this Franchise the City will
not be held liable for any damages or loss to the Franchisee by reason of such vacation
The City may after giving thirty 30 days wdtten notice to the Franchisee terminate this
Franchise with respect to any City read or rightsofway vacated
SECTION 10ENFORCEMENT
The Citys failure to enforce any provision of this Franchise does not constitute a waiver of
its right to enforce that provision or any other provision of this Franchise
Ordinance No 5592
Exhibit A
Page 3 of 2
SECTION 11 INDEMNITY AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City itsappointedandelectedofficialsanditsemployeesandagentsfromandagainstliabilityforallclaimsactionsinjuriesdemandsliabilitieslossescostsdamagesandjudgmentsincludingcostsofdefensethereofcollectivelyreferredtoasdamagesforinjuryto
persons death or propertydamage caused by arising out of or incidental to theFranchiseesexerciseoftherightsandprivilegesgrantedbythisFranchiseexceptfor
damages caused by or arising out of the Citys sole negligence In the event that any suchclaimordemandfordamagesispresentedtoorfiledwiththeCityorifanysuitoractionis
initiated against the City based on suchclaims or demands for damages the City shall
promptly notify the Franchisee of the claim demand suit or action and the Franchisee
shall have the right at its election and its sole cost and expense to settle and compromisesuchclaimdemandsuitoractionordefendthesameattheFranchiseessolecostand
expense
112 If it is determined that RCW 424115 applies to this Franchise the
Franchisee agrees to defend hold harmless and indemnify the City to the maximum extent
permitted under that statute and specifically for the Franchiseesnegligence concurrent
with that of the City to the full extent of the Franchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee shall keep a policy of insurance in force with a minimum
limit of five million dollars 500000000 Verification of insurance coverage is a
condition precedent to the effectiveness of this Agreement
122 The insurance shall be maintained in full force and effect at theFranchiseessoleexpensethroughoutthetermoftheFranchiseandshouldsuch
insurance be terminated this Agreement shall terminate as of the date of the termination ofinsurancecoverage
123 The coverage provided by the Franchiseesinsurance policies shall beprimarytoanyinsurancemaintainedbytheCityexceptastolossesordamagesattributabletothesolenegligenceoftheCityAnyinsurancemaintainedbytheCitythatmightrelatetothisFranchiseshallbeinexcesstotheFranchiseesinsuranceandshallnotcontributewithortoitTheCityhasnoobligationtoreportoccurrencestotheinsurance
companies unless a claim is filed with the Citys City Council and the City has hoobligationstopaytheFranchiseespremiums
124 The Franchisee shall be solely and completely responsible to perform allworkrelatedtothisFranchiseincompliancewithallapplicablefederalstatecountyand
city statutes rules regulations ordinances orders and codes The Franchisees attentionisdirectedtotherequirementsoftheWashingtonIndustrialSafetyandHealthActChapter4917RCWTheFranchiseeshallbesolelyandcompletelyresponsibleforsafetyandsafetyconditionsonitsjobsitesandforitsworkwithintheFranchiseAreaincludingthesafetyofallpersonsandpropertyduringperformanceofanyworksthereinTheservicesoftheCityorCitysconsultantpersonnelinconductingconstructionreviewoftheFranchiseesworkrelatingtotheFranchiseisnotintendedtoincludereviewoftheadequacyoftheFrenchiseesworkmethodsequipmentscaffoldingortrenchingorsafetymeasuresinonornearsuchFranchiseAreaorjobsiteTheFranchiseeshallprovide
Ordinance No 5592
Exhibit
Page 4 of
safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes ordinances rules regulations and the Franchise
SECTION 13 INSTALLATION REPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns withinthe Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines connecting
its system to users if the City requires such repair for any reasonable purpose
132 The Franchisee shall at no expense to the City adjust remove or
relocate existing Facilities withinthe Franchise Area including all appurtenant Facilities
and service lines connecting its system to users if the City determines such adjustment
removal or relocation is reasonably necessary to allow for an improvement or alteration
planned by the City The City shall give the Franchisee written notice of such requirement
as soon as practicable The written notice shall include all available information such as
plans and specifications as is reasonably necessary for the Franchisee to plan for such
adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired within the Franchise Area seas to provide safety of persons and property and not
interfere with thefree passage of traffic all in accordance with the laws of the State of
Washington and the ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capitalimprovement program in
addition to any other notice given to the Franchisee the City shall provide a copy of the
capitalimprovement plan and six 6 year transportation improvement plan when
requested Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it both existing and as proposed by the City and the
proposed construction schedule The initial design information shall be given at least one
hundred and eighty 180 days before construction is scheduled to begin except in cases
of urgent construction or emergencies The Franchisee shall respond to this notice and to
any later notices of revised designs within twenty 20 days of the date of the notice by
providing to the City the Franchisees best available information as to the location of all the
FranchiseesFacilities including all appurtenant Facilities and service lines connecting its
system to users and all Facilities that it has abandoned within the area proposed fort he
project
135 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public works
project as well as all required adjustments removals or relocations of the Franchisees
Facilities The City shall have sole authority to choose the contractor to perform such work
Such bid documents shall provide for an appropriate cost allocation between the parties
In addition to the Franchiseesallocation of contractor costs the Franchisee shall
reimburse the City for all costs to include but not be limited to legal engineering
inspections administration andor soils testing related to the Franchiseeswork and
reasonably incurred by the City in the administration of such joint construction contracts
Such costs shall include the direct salary cost of the time of City professional and technical
personnel including the Citys consultants spent productively engaged in such work plus
overhead costsat the standard rate charged by the City on other similar projects
Ordinance No 5592
Exhibit
Page 5 of 2
136 It is understood that emergency situations may arise that could threaten
public health andor continued operation of the Franchisees utility system and the
Franchisee may be unable to notify the City in the manner prescribed in Section 14 of this
Franchise In such a situation the Franchisee shall immediately correct the hazardous
situation and continue to use best efforts to contact the City staff The Emergency Phone
Number for the City of Auburn is 253 9313053 and the City of Bonney Lake is 2538628602Dialing911isadvisedforemergencysituations
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority to enter the City road
rightsofway for the purpose of constructinginstalling operating maintaining replacing or
repairing its Facilities on the condition that it obtains construction excavation and rightof
way use permits issued by the City Any work performed whether by Franchisee its
contractors or third parties shall include necessary paving patching grading and anyotherreasonablynecessaryrepairorrestorationtotheCityrightsofwayAllworkshallbe
done to the Citys satisfaction
142 All equipment pipelines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located withinthe City road rightsofway and owned by the Franchisee shall
be considered to be part of the Franchiseessystem and shall be the responsibility of the
Franchisee All permits for the construction installation operation maintenance or repairoftheFranchiseessystemshallbeappliedforandgiveninthenameoftheFranchisee
who will be responsible for all work doneunder the permit The Franchisee remains
responsible whether the work is performed by the Franchisee its contractors or by third
parties
143 When required by thePublic Works Director the Franchisee shall post a
bond to the City in the amount sufficient for any road repair or restoration The amount of
the bond shall be set by the City and must be filed with the City before a permit will be
issued
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including but not limited to Auburn CityCodeandtheCitysDesignandConstructionStandardsinforcewhentheworkis
performed All traffic control shall conform to the current edition of the UniformTraffic
Control Devices in force whenthe work is performed
152 If work performed under this Franchise makes it necessary to turn off or
diminish water pressure to any fire hydrant the Franchisee shall notify the Citys Fire
Department by telephone and by written notice that water pressure or fire flow conditions
have been affected Except in the case of an emergency the notice shall be provided at
least 48 hours prior to the water pressure being turned off or diminished If more than one
fire hydrant will be affected the Franchisee shall provide a map of the affected area to the
Fire Department Outofservicefire hydrants must be identified as not operational bycovedngwithapropedysecuredbudaporplasticbagFirehydrantsshouldberetumedto
full service as soon as reasonably possible or no longer than two working days from the
Ordinance No 5592
Exhibit
Page 6 of
date service was diminished The Franchisee shall notifythe Citys Fire Department when
the hydrant is returned to full service
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofway in the condition of the City roads
rightsofway existing immediately prior tosuch disturbance If the Franchisee its
contractors or third Parties working under permit should fail to diligently restore City road
rightsofway to the satisfaction of the City the City may make such repairs or restorations
asare necessary to return the City road rightsofway to a condition reasonablycomparabletotheconditionoftheCityroadsrightsofwayexistingimmediatelypriorto
such disturbance Upon presentation of an itemizedbill for repairs or restorations
including all applicable costs both direct and indirect to include butnot be limited to the
cost of labor tools materials and equipment the Franchisee shall pay the bill within sixty
five 65 days
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two 2 years from the date the City
approves the work andor restoration
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to theeffective date of this ordinance the Franchisee shall provide the City with all
information requested by the City regarding the location of the Franchisees current
Facilities including but not limited to copies ofall record drawings for such Facilities Ifthe
Franchisee performs any work to install repair reconstruct or replace Facilities in the
Franchise Area after this ordinanceseffective date the Franchisee shall provide the CitywithallinformationrequestedbytheCityregardingthelocationofthoseFacilitiesincludingbutnotlimitedtocopiesofrecorddrawings
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such excavation
shall provide written notice to the other of the plan ned excavation affording the other partytheopportunitytoshareintheexcavationprovidedthat1suchjointuseshallnot
unreasonablydelay the work of the party causing the excavation to be made 2 such joint
use shall be arranged and accomplished on terms and conditions satisfactory to both
parties and 3 either party may deny such request for safety reasons
SECTION 20 BLASTING REQUIREMENTS
The Franchiseesright to construct install operate maintainand repair Facilities does not
preclude the City its agents or contractors from blastinggrading or doing other road work
contiguous to the Franchisees Facilities When practical the City shall give the
Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 21 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise the Franchisee shall establish two or
more reference marks to all monuments and markers of every nature relating to
Ordinance No 5592
ExhibitA
Page 7 of 2
ubdMsions plats rightsofwayand all other surveys The reference points shall belocatedsothattheywillnotbedisturbedduringanyofFranchiseesoperationsunderthisFranchiseThemethodofreferencingmonumentsorothermarkersorpointsshallbeapprovedbytheCitybeforeplacementThereplacementofallmarkersormonumentsdisturbedduringanyconstructionoftheFranchiseeshallbemadeaspromptlyasconditionspermitThecostofmonumentsormarkerslostdestroyedordisturbedandtheexpenseorreplacementwithapprovedmarkersormonumentsshallbebornebytheFranchisee
SECTION 22 RESERVATION OF RIGHTS221TheCityreservestherightto impose a utility tax on the FranchiseeandortochargetheFranchiseeareasonablefeeforservicesprovidedorrightsgrantedunderthisFranchisetotheextentauthorizedbylaw
222 The Franchisee agrees that it shall be subject to all authoribnow or laterpossessedbytheCityoranyothergoverningbodyhavingcompetentjurisdictiontofixjustreasonableandcompensatoryratesforservicesunderthisFranchise
223 The City reserves the right upon thirty 30 days written notice to theFranchiseetoamendormodifytheprovisionsorconditionsofthisFranchisetoconformtoanystatecountyfederalorCitystatuteordinanceruleorregulationTheCitymayterminatethisFranchiseuponthirty30dayswrittennoticetotheFranchiseeiftheFranchiseefailsorrefusestocomplywithsuchamendmentormodification
SECTION 23 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the wdtten consentoftheCityNoassignmentshallbeeffectiveunlessanacceptancebytheassigneeofalldghtsconditionstermsprovisionsandresponsibilitiescontainedwithintheFranchiseaswellassuretybondswhichtheCitydeemsnecessarytobepostedarereceivedasallowedbylawTheCitysapprovaloftheassignmentmaybemadesubjecttotheassigneesacceptanceofnewormodifiedtermsoftheFranchise
SECTION 24 PENALTY FOR VIOLATION OF CONDITIONSIftheFranchiseefailstocomplywithanymaterialtermcondition or responsibility underthisFranchisetheCitymayprovidetheFranchiseewithwrittennoticeoftheCitysintentorevoketheFranchiseiftheFranchiseesfailureisnotcuredwithinthirty30daysofthedateofthenoticeDuringthethirty30daysfollowingthedateofthenoticetheFranchiseeshallhavetheopportunitytoremedythefailuretocomplyApublichearingshallbescheduledbeforetheAuburnCityCouncilatleastthirty30daysfollowingthenotificationontheissueoftherevocationIfatthehearingtheCityCouncilfindsthatgroundsexisttorevoketheFranchiseunderthisparagraphandthattherevocationisinthepublicinteresttheCityCouncilmaybyordinancerevoketheFranchiseTherevocationshallbeeffectiveninety90daysafterthepublichearing
SECTION 25 EXPIRATION AND RENEWAL251IftheFranchiseerequestsa renewal of this Franchise prior to itsexpirationdatetheCitymayattheCityssolediscretionextendthetermofthisFranchiseforuptooneyearbeyondtheexprabondatetoaowforprocessingoftherenewalIfthe
Ordinance No 5592ExhibitA
Page8 of 12
City elects to extend the term of this Franchise written notice of the extension shall be
provided to the Franchisee prior to theFranchise expiration date
252 If the Franchisee has not requested a renewal of this Franchise prior to its
expiration date the City has the right upon thirty 30 days prior notice to the FranchiseetoremoveorrelocateanyoftheFranchiseesFacilitiesasisreasonablynecessaryforthe
publics health welfare or safety or for the constructionalteration or improvement of theFranchiseAreaorfortheconstructionorinstallationoflinesorfacilitiesofotherfranchiseholdersTheFranchiseeshallbeliableforcostsincurredinanyremovalorrelocationoftheFranchiseesFacilitiesunderthissection
253 Upon the expiration of this Franchise the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchiseesexisting facilities in the
Franchise Area but shall not have the dght to provide additional services This Section
and Sections 1113 14 151619 and 21 of this Franchise shall continue in force until
such time asthe FranchiseesFacilities are abandoned to the City in accordance with the
terms and conditions of the Settlement Agreement
SECTION 26 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and locallaws and regulationsincludingbutnotlimitedtotheStateEnvironmentalPolicyActandtheCitysEnvironmentalStandardsandOrdinances
SECTION 27 NONDISCRIMINATION CLAUSE
In all hidng or employment made possible or resulting from this Frenchise there shall be
no discrimination against any employee or applicant for employment because of sexsexualorientationageracecolornationaloriginmadtalstatusorthepresenceofanysensorymentalorphysicalhandicapunlessbaseduponabonafideoccupationqualificationNopersonshallbedeniedorsubjectedtodiscriminationinreceiptofthe
benefit of any services or activities made possible by or resulting from this agreement onthegroundsofsexsexualorientationracecolornationaloriginageexceptminimum
age and retirement provisions marital status or the presence of any sensory mental orphysicalhandicap
SECTION 28 NOTICE
Any notice or information required or permitted under this Franchise may be sent to thefollowingaddressesunlessotherwisespecified
City of Auburn
City Engineer
25 West Main Street
Auburn WA 980014998
2539313010
City of Bonney Lake
Public Works Director
19306 Bonney Lake Blvd
Bonney Lake WA 983900944
2538628602
Ordinance No 5592
Fhibit A
Page 9 of 2
SECTION 29 ATTORNEYS FEESIfeitherpartycommenceslitigationagainst the other party relating to the performance orallegedbreachofthisFranchisetheprevailingpartyshallbeentitledtoallcostsincludingreasonableattorneysfeesincurredrelatingtosuchlitigationincludingthoseincurredinanyappeal
SECTION 30 SEVERANCEIfanytermprovisioncondition or portion of this Franchise is held tobe invalid suchinvalidityshallnotaffectthevalidityoftheremainingportionsofthisFranchisewhichshallcontinueinfullforceandeffectunlessthedominantpurposeoftheFranchisewouldbepreventedorthepublicinterestwouldnolongerbeservedasdeterminedbytheCity
SECTION 31 EFFECTIVE DATEThisordinancehavingbeenintroduced at least five days prior to its date of passage andsubmittedtothecityattorneyandbeingapprovedbyatleastamajorityoftheentirecitycouncilataregularcitycouncilmeetingshalltakeeffectandbeinforcefivedaysafteritspassageapprovalandpublicationasrequiredbylaw
SECTION 32 EXISTING UTILITIESThisFranchiseshallgovernCityofBonney Lake new and existing water Facilities withintheCityofAuburn
OinanceNo 5592ExhibitA
Page 10 ofl2
PASSED by Auburns City Council this
APPROVED by Auburns Mayor this
ATTESTAUTHENTICATE
PETER B LEWIS MayorCityofAuburn
LDate
Date
Ordinance No 5592
Exhibit
Page 11 of
THE CITY OF BONNEY LAKE a municipal corporation of the State of Washingtonacceptsalltherightsprivilegesanddutiesofthisfranchisesubjecttoaltermsconditionsstipulationsandobligationscontainedheren
PASSED by Bonney Lakes City Council this 5 day of
CPROVE3BcnneyLakes Mayor t his
ATTEST
3ZBonney Lake City Clerk
ayofMayorDate4ROVEDASTOFORMBonneyLakCityAffomeyDateFILEDWITHTHECITYCLERKPASSEDBYAUBURNSCITYCOUNCILPUBLISHEDEFFECTIVEDATEAUBURNORDINANCENOBONNEYLAKEOrdinance No5592ExhibitA
Page12ofi2
RESOLUTION NO 3 4 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR AND
CITYCLERK TO EXECUTE AN INTERIM WATER SALES
AGREEMENT BETWEEN THE CITY OF AUBURN AND
COVINGTON WATER DISTRICT AND WATER DISTRICT No
111
WHEREAS Covington Water District Covington King County Water District
No 111 WD 111 and the City of Auburn Auburn are authorized to enter into this
Agreement under the authority of their respectiveenabling legislation and under the
authority of Chapter 3934 RCW the Interlocal Cooperation Act and
WHEREAS the parties desire to avoid unpredictable water sales and create
a predictable and reliable cost for wholesale water to be sold by Auburn to Covington
and WD 111 and
WHEREAS it is in the public interest for the parties herein to enter into an
interim water sales agreement
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETINGDULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn Covington andWD 111 have legal authority to cooperate with other
localities on the basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Interim water Sales Agreement between Auburn and
Covington and WD 111 with minoradministrative changes if required A copy of said
Resolution No 3482
061102
Page 1
Agreement isattached hereto denominated as Exhibit A and made a part hereof
as though set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry outthe directives of this
legislation
Section 4 This resolution shallbe in full force and affect upon passage
and signatures hereon
DATED this day of
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Damelle E Daskam
City Clerk
APB RED FORM
City Attorney
Resolution No 3482
061102
Page 2
Return Address
Auburn City Clerk
City of Auburn
25West Main St
Auburn WA 98001
2003071400273
PRCZFZC NU TT ZRG 260
PRGE eel OF 8
1423 1521
KZNG COUNTY UR
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement RES 3482 Interim Water Sales Agreement
Reference Numbersof Documents assigned or released
rlAdditionalreference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
GranteeAssigneeBeneficiary Last name first
1 Covington Water District
2 King County Water D strict 111
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
IAssessors Property Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
Exhibit A
INTERIM WATER SALES AGREEMENT
between
COVINGTON WATER DISTRICT
KING COUNTY WATER DISTRICT NO 111
and the
CITY of AUBURN
This Agreement Agreement is made and entered into this day of June 2002
by and between Covington Water District Covington a Municipal Corporation King County
Water District No 111 WD 111 a Municipal Corporation collectively referred to herein as the
Districts and the City of Auburn Auburn a Municipal Corporation
Recitals
mo
Exhibit A
Resolution 3482
The parties to this Agreement are also parties to Interlocal Agreement 2
for the Lea Hill Intertie Project between Covington Water District King
County Water District 111 and the City of Auburn IA2
The parties desire to avoid unpredictable water sales and create a
predictable and reliable cost for wholesale water to be sold by Auburn to
the Districts
By guaranteeing a minimum purchase of water for a given period of time
ie a take or pay approach the cost of water which to a significant extent
is based on peaking factors can be minimized for all of Auburn s
customers
1
Do
Eo
Fo
Go
This Agreement is intended to establish a rate for a fixed block of water
for the mutualbenefit of the parties of this Agreement
It is in the interest of the Districts to have a predictable supply of water
available and in Auburns interest to have a predictable and consistent
source of revenue from the sale of such water
The parties are authorized to enter into this Agreement under the authority
of their respective enabling legislation and under the authority of Chapter
3934RCW the Interlocal Cooperation Act
The 15 million gallons of water per day MGD take or pay water
provided for inthis Agreement is a portion of and not in addition to the 5
MGD as addressed in IA2
Now therefore in consideration of the mutual covenants and promises
contained herein and for other good and valuable consideration the adequacy of
which is hereby acknowledged the partieshereby agree as follows
1 TAKE OR PAY The Districts agree to purchase an average of 15
MGD of water from Auburn on a take or pay basis Take or pay shall
mean that the Districts shall pay for 15 MGD whether or not the water is
actually taken by the Districts the take or pay water also referred to in
this Agreement as the Block of water provided the Block of water may
be modified as set forth in Paragraph 4 Annual Review and Adjustment
herein If the Districts cannot accept 15 mgd due to an emergency as
Exhibit A
Resolution 3482
2
defined in Paragraph 6 they will be billed for the water they receive at the
Block rate
2 CHARGES FOR WATER The Districts shall pay the rate per one hundred
cubic feet of water CCF for the 15 MGD Block shown in Exhibit 1
attached hereto whichis by this reference incorporated except as further
addressed in Paragraph 3 herein Any water taken in excess Excess Water
of the Block during the winter October 1 through May 31 shall be billed at
the winter overage rate shown in Exhibit 1 and during the summer June 1
through September 30 shall be billed at the summer overage rate shown in
Exhibit 1 Any water taken during an emergency within the Covington andor
WD 111 systems as defined in Paragraph 6 shall be billed at the 15 mgd
Block rate Auburn shall send one monthly bill to WD 111 for all water
purchased by the Districts
3 QUANTITY AVAILABLEDELIVERED The 15 MGD Block of water
shall be defined as a block of water to be delivered at an average rate of 15
MGD measured over a rolling 3 day period with total quantities delivered
within any single day being no more than 10 more or less than 15 MGD If
the Districts are unable for any reason to accept the Block of water the
minimum monthly payment shall be 15 MGD multiplied by the rate thenin
effect pursuant to Paragraph 2 above If Auburnis unable to deliver the
amount of water requested by the Districts up to the Block of water then
Auburn will bill the Districts for the amount of water actually delivered at the
Exhibit A
Resolution 3482
Exhibit A
Resolution 3482
block rate pursuant to Paragraph 2 above For the take or pay water Block
provided for herein the Districts will be served on the same basis and with the
same reliability as service is provided to Auburns retail customers and any
curtailment restrictions or limitations on delivery shall be on same basis as
curtailment restrictions or limitations on delivery to Auburns retail
customers
ANNUAL REVIEW AND ADIUSTMENT The initial Block of 15 MGD
shall remainin effect through December 31 2005 Each year the take or
pay Block may be adjusted by mutual agreement By September 1 of each
year the Districts shall notify Auburn of their intent to continue without
change or request an increase in the Block quantity Any requested change in
the Block quantity would be effective January 1 of the year following the
request In the event that neither party communicates its intent under this
provision the Block shall be deemed to continue unchanged
TERM This Agreement shall remainin full force and effect from the first
day of the month following the execution of this Agreement through
December 312005 provided that this Agreement shall automatically be
renewed for an additional year at the conclusion of the term of this Agreement
or any extension thereof unless any party provides theothers with notice of an
intent not to extend this Agreement which notice shall be received by the
other parties not less than one year prior to the expiration of the term of this
Agreement or any extension thereof Thetermination of this Agreement shall
4
not affect any rights or obligations under IA2
61 EMERGENCIES For purposes of this Agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical equipment
failure electrical equipment failure or Puget Sound Energy facility failure or
any other mutually agreed upon emergency within the water supply system
An emergency period shall be for no more than five 5 working days without
written request by the Districts and approval by Auburn in writing to extend
the emergency period
The City may change reduce or limit the time for or temporarily discontinue
any water supplied for an emergency in excess of the Block quantity without
notice Prior to a planned interruption or limiting of emergency service the
City will notify the Districts of such not less than three days prior to the
service disruption The City agrees to use best efforts and reasonable
diligence to notify the Districts as soon after it becomes aware of the need for
emergency service disruption and further will to the extent practical limit the
service disruption to daylight hours
7 JOINT AND SEVERAL OBLIGATION The obligation of the Districts as
set forth therein shall be a Joint and Several obligation of the Districts
Allocation of the take or pay Block of water and the payment for such water
shall be negotiated between the Districts outside of this Agreement
Exhibit A
Resolution 3482
5
In witness whereof the participants hereto have caused this Agreement to
be executed by their proper officers on the day of
2002
City of Auburn by
Title
Approved as to form by
Title
Covington Water District b Y4
King County
Water District 111 by
Title
Exhibit A
Resolution 3482
6
Interim Water Sales Agreement
Between
Covington Water District
King County Water District No 111
And the
City of Auburn
Exhibit 1
Take or Pay Monthly Rates
Year Base Charge 15MGDRate Winter Overage Summer Overage
2002 17500 070 080 185
2003 17500 075 085 200
2004 17500 080 090 210
2005 17500 085 095 220
Covington and WD 111 are each responsible for paying a Base Charge
of 17500 per month per district
Exhibit A
Resolution 3482
7
RESOLUTION NO 3443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TOEXECUTE
AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE
CITY OF AUBURN AND LAKEHAVEN UTILITY DISTRICT
WHEREAS pursuant to RCW 3934 the lnterlocal Cooperation Act
Auburn and Lakehaven Utility District LUD have legal authority to cooperate
with otherlocalities on the basis of mutual advantage and provision of services
and
WHEREAS the City has water facilities in the vicinity of a water main of
LUD and
WHEREAS the City can increase the reliability of water for its customers
includingCovington Water District and Water District No 111 if water is
available from LUD in the event of anemergency and
WHEREAS LUD is willing to provide to the City emergency service upon
theterms and conditions set forth herein
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Lakehaven Utility District have legal authority to cooperate with other
localities on the basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Emergency Water System Intertie Agreement between
Resolution No 3443
031402
Page 1
the City and Lakehaven Utility District with minor administrative changes if
required A copy of said Agreement is attached hereto denominated as Exhibit
A and made a part hereof as though set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Resolution No 3443
031402
Page 2
DATED this lsayof April 2002
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3443
031402
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
20030715000707
PACXFXC NU TXT AG 27e
PAGE OF e9
7t5253tt5
KZNG COUNTY UA
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement Emergency Water Supply Agreement
Reference Numbersof Documents assigned or released
IAdditional reference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
ii ij
GranteeAssigneeBeneficiary Last name first
1 LakehaVen Utility District
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
EMERGENCY WATER SUPPLY AGREEMENT
LakehavenAuburn Intertie No 1
THIS AGREEMENT made and entered into by and betWeen the City of Auburn
hereinafter referred to as City and Lakehaven Utility District hereinafter referred to as
District
WITNESSETH
WHEREAS the City has water facilities in the vicinity of a water main of the District
and
WHEREAS the City can increase the reliability of water for its customers including
Covington Water District and Water District No 111 if water is available from the District in
the event of an emergency and
WHEREAS the District is willing to provide to the City emergency service upon the
terms and conditions set forth herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The District hereby grants to the City the right to connect for the purposes described
herein a water meter and appurtenances to the end of the 16inchwater main located in
the vicinity of 15th Street Northwest and Terrace Drive in King County Washington
more specifically shown on Exhibit A The intertie facility shall besited on property
owned by the City
2 The meter described in Paragraph No 1 herein is installed to provide an emergency
water supply Water shall not be withdrawn from the supply without the prior written
approval of the District At the time approval is sought the City shall state the requested
time of commencement of use the expected duration of withdrawal and the quantity of
water to be withdrawn The City shall request in writing an extension of or reduction in
the duration of the withdrawal if the duration of the withdrawal is expected to vary from
the original estimate The District and City shall read the meter upon activation and upon
deactivation of the intertie The District may periodically bill the City for water used
while the intertie is in operation or may bill for all such use after the withdrawal has
ended
3 It is anticipated by the parties that because the facility will be funded by agencies with
emergency or intermptible water supply agreements with the City specifically Covington
Water District and Water District 111 the City may be called upon byadjoining
agencies to provide an emergency supply of water beyond the Citys ability to produce
such supply and therefore requests for emergency service under this Agreement may
originate on behalf of those adjoining agencies
Exhibit A Res 3443 Page 1
4 Upon completion of the Emergency Intertie construction the DiStrict will own and
maintain the meter associated appurtenances necessary to monitor emergency use of the
intertie the gate valve upstream of the vault and all piping upstream of the meter The
City will own and maintain the vault control valve and all other piping and
appurtenances downstream of the meter see Exhibit B The City and the District shall
have mutual access to the vault for periodic inspection and maintenance or repair of their
respective facilities
5 The City shall comply with all District resolutions and roles applicable to a
connection to the Districts water system including but not limited to the requirement
that the District provide written approval of plans and specifications for the connection of
intertie facilities prior to construction
6 The City shall pay to the District the base monthly service charge and quantity charge
for any water received Monthly service and quantity charge rates shallbe established or
amended by District resolution for the use of an eight 8inchmeter and the applicable
water rate The rate for emergency water use Will be the greater of the Districts adopted
summer nonresidential CommercialPublicAuthority water rate or the City of
Tacomas Tacoma adopted wholesale water rate plus a District wheeling rate
determined by the District Examples of the current rates are included in Exhibit C The
District or Tacoma may revise these rates from time to time without notice to the City and
such revised rates shall apply to emergency water deliveries made pursuant to this
agreement
7 This Agreement shall not authorize or permit the City to take water from the
connection described herein beyond what is described in paragraph 2 3 and Exhibit D
o Conditions
a In the event the District determinesthat the use of the emergency intertie is or
will impose a negative impact to the public health safety or the equitable
distribution of water within the District the District may change reduce or
limit the time for or temporarily discontinue the withdrawal of water without
notice
b Water service may be temporarily interrupted or otherwise limited for
purposes of making repairs extensions or doing other necessary work to the
water system and
c Prior to a planned interruption or limiting of service as set forth in b above
the District will notify the City of such planned interruption or limiting of
service The District agrees to use best efforts to notify the City as soon after
it becomes aware of the need for such a service disruption
d Operating conditions are as described in Exhibit C
9 Payment of all invoices for services and charges from the District shall be paid within
45 days of the invoice date
10In the event of nonperformance of any provision herein by the City District may shut
off water supplied pursuant to this Agreement
Exhibit A Res 3443 Page 2
11 The use of thisintertie is contingent upon receiving approval of same from the
Department of Health pursuant to applicable regulations
12 The City agrees to indemnify defend and hold harmless the District its officers
directors employees and agents and their successors and assigns from any and all costs
or claims arising out of or in any way resulting from the Citys default failure of
performance or negligent conduct associated with this Agreement This indemnification
provision shall include but is not limited to all claims against the District by an
employee or former employee of the City or their contractors and as to such claims the
City expressly waives all immunity and limitation of liability under Title 51 RCW
The District agrees to indemnify defend and hold harmless the City its officers
directors employees and agents and their successors and assigns from any and all costs
or claims arising out of or in any way resulting from the Districts default failure of
performance or negligent conduct associated with this Agreement This indemnification
provision shall include but is not limited to all claims against the City by an employee or
former employee of the District or its contractors and as to such claims the District
expressly waives all immunity and limitation of liability under Title 51 RCW
13 The parties shall make good faith efforts to resolve by informal discussion any dispute
arising under or in connection with this Agreement Should a dispute arise between the
parties that cannot be resolved satisfactorily a mediator mutually acceptable to the parties
shall resolve the dispute through the use of mediation at equal cost to each party Should
the Parties not be able to satisfactorily resolve the dispute through mediation the forum
for resolution shall be the King County Superior Court The prevailing party shall be
entitled to attorney fees and costs
14 This Agreement may be terminated by either party hereto upon 60days written notice
to the other party
15 Notices should be sent to the City and the District at the following addresses
Public Works Director
City of Auburn
25 West Main Street
Auburn WA 98001
General Manager
Lakehaven Utility District
PO Box 4249
Federal Way WA 98003
Exhibit A Res 3443 Page 3
IN WITNESS WHEREOF we havehereunto set our handsand seals
CITY OF AUBURN
King County Washington
Mayor Date
Approftof
LAKEHAVEN UTILITY DISTRICT
King County Washington
General Manager Date
Approv ato formBycOunse1 Date
Exhibit A Res 3443 Page 4
Exhit C
Example of Monthly Meter Cost
Lakehaven currently does not have an adopted monthly rate for an 8 meter and would use an
amount near Tacomas monthly meter rate until such time as Lakehaven adopts a rate for this
size meter
Tacomas rate for an 8 meter is 81504 Effective 42301
Lakehavensproposed starting monthly rate 80400
Example of Emergency Water Rates in 2002
Lakehaven Utility District Rates Resolution 99906
CommercialPublic Authority Water Rate 1060 ccf Effective 112000
City of Tacoma RatesOrdinance No 26800 plus Lakehaven Wheeling Rate
Summer Wholesale Water Rate to Lakehaven
Lakehaven Wheeling Rate
Total
Emergency Water Use Rate equals
0912 ccf Effective 42202
0180 ccf CurrentEstimate
1092 ccf
1092 ccf in 2002
Exhibit A Res 3443 Page 7
Exhibit D
Operating Conditions
Prior to intertie activation the 16 water main upstream of the Districts meter
shall be flushed by the District Any costs incurred by the District beyond
labor time and the cost of water used for the flushing operation shall be paid by
the City
e The City will maintain a back pressuresustaining feature within the metering
facility in order to maintain adequate pressure within the Districts service area
while also preventing uncontrolled flows The District will maintain the right
to authorize or direct the City to change the minimum upstream pressure
setting if an adjustment is warranted to increase flow capacity or maintain
adequate pressure in the Districtsdistribution system The initial settings for
the pressuresustaining valve shall be noted on the approved construction plans
and shall be stored in a waterproof container in the vault Records of any
future revised pressure settings shall be maintained and noted on the record
drawings for the metering facility retained by the parties and the information
stored in the vault shall be updated
The City will control the delivery flow rate from Lakehaven The current
estimated maximum allowable flow rate from Lakehaven is 1750 gpm or 25
mgd more or less so long as Lakehaven customers are not impacted The
Citys system has the capacity to receive water at a maximum instantaneous
rate of up to approximately 5 mgd
4 The District and City will coordinate the telemetry system so each will receive
the signal required for its operation and monitoring
Exhibit A Res 3443 Page 8
RECORDER S COVER SHEET
Document Title s or transactions containedtherein
t d c
Interlocal Agreement RES 3644 I
I I I
nge
l 1 t
Return Address
Auburn City Clerk
City of Auburn
25West Main St
Auburn WA98001
11111111111 III I
20060210002263
PACIFIC NU TIT INTERLOCA 91 00
PAGE001 OF 060
02 10 2006 15 46
KING COUNTY UA
Reference Number s of Documents assigned or released
DAdditional reference s on page of document
Grantor s Borrower s Last name first then first name and initials
Auburn City of
Grantee Assignee Beneficiary Last name first
1 Pacific City of
Legal Description abbreviated ie lot block plat or section township ra
PER RCW 3934
o Additional legal is on page of document
Assessor s Property Tax Parcel Account Number
N A
o Assessor Tax not yet assigned
Said document s were ftIed for
record by Pacific Northwest Tltte as
aocommodation only It hM not been
examined as to proper exlCllllUl
as to its affect upon title
RESOLUTION NO 3 644
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURNWASHINGTON RELATING TO THE ANNEXATION OF A
PORTION OF PROPERTY TO THE CITY OF AUBURN
SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE CITY OF
PACIFIC PURSUANT TO RCW 35102172
WHEREAS the City Council of the City of Auburn adopted Resolution No 3617 on
May 192003 and Resolution No 3619 on June 162003 notifying the King County
Boundary Review Board of the Citys intent to annex property to the City of Auburn
simultaneous to its deannexation from the City of Pacific and
WHEREAS the City Council of the City of Pacific has concurred with the annexation
and deannexation through its Resolution No 527 on May 272003 and Resolution No
530 on June 9 2003 and
WHEREAS the King County Boundary Review Board has consented to and
approved the annexation and deannexation and
WHEREAS in connection with such annexationdeannexation the cities of Auburn
and Pacific have committed to coordinate and cooperate with respect to any planning
transportation utility or development issues that affect the cities and
WHEREAS the annexationdeannexation will result in a change in the water
service areas of the cities and
WHEREAS Pacific desires tobe granted the right to a future franchise for ingress
egress and utilities in the vicinity of the KingPierce County line on East Valley Highway in
orderto access the parcels to the west of the Burlington Northern Santa Fe rightofway
and
Resolution 3644
October 6 2003
Page 10f 4
WHEREAS Auburn desires to be granted a franchise for its existing facilities in A
Street SE remaining in Pacific after the annexationdeannexation and
WHEREAS the cities wish to amend the existing emergency intertie agreements
and relocate the emergency intertie facility serving Pacific on Lakeland Hills Way and
WHEREAS the cities havemutual interests in the development Vista Heights that
currently straddles the existing cities boundaries and will be completely contained within
Auburn when the annexationdeannexation is finalized and
WHEREAS Auburn desires to treat and retain public storm water in public facilities
and
WHEREAS Auburn and Pacific have agreed that Pacific will by bill of sale transfer
their interest in the public facilities within the annexationdeannexation area to Auburn and
WHEREAS Auburn and Pacific have agreed that Auburn will provide operation and
maintenance services for the portion of A Street SE remaining in Pacific and
WHEREAS the requirements of the State Environmental Policy Act and applicable
Environmental Procedures have been complied with and
WHEREAS a Public Hearing was held on October 6 2003 for which notice was
provided pursuant to the requirements of RCW 35102172 and at which hearing all
persons wishing to speak to the annexation and deannexation were heard and
WHEREAS the City Council of the City of Auburn passed its Resolution No 3643
on October 6 2003 finalizing the annexation of a portion of property to the City of Auburn
and simultaneous to its deannexationfrom the City of Pacific
Resolution 3644
October 6 2003
Page 20f 4
NOW THEREFORE THE CITYCOUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor is hereby authorized to execute agreements in substantial
conformity with the following agreements attached hereto and incorporated herein by this
reference
TheWater ServiceArea AdjustmentAgreement marks as Exhibit A
The Emergency Water System Intertie Agreement marked as Exhibit B
The Auburn Franchise Agreement With the City of Pacific marked as Exhibit C
The Pacific Franchise Agreement with the City of Auburn marked as Exhibit 0
The Vista Heights Development Agreement marked as Exhibit E
The Bill of Sale for infrastructure being transferred from Pacific to Auburn marked as
Exhibit F and
An interlocal agreement for maintenance and operation services on a portion of A
Street SE attached as Exhibit G
Section 2 The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry outthe directives of this legislation including
transmitting a copy of this Resolution to the City Clerk of Pacific
Section 3 This Resolution shallshall take effect and be in full force upon
passage and signatures hereon
Resolution 3644
October 6 2003
Page 30f 4
DATED and SIGNED this Laay OfCCQ 2003
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
l
Danielle E Daskam
City Clerk
APPROVEDAS TO FORM
Resolution 3644
October 6 2003
Page 40f 4
EXHIBIT A
WATER SERVICE AREA AGREEMENT
This Agreement made and entered into by and between the City of Pacific a
Washingtonmunicipal corporation Pacific and the City of Auburn a Washington
municipal corporation Auburn
Whereas Pacific is engaged in the business of providing water service to the public
located in certain areas of King County in the State of Washington Auburn is engaged
in the business of providing water service to the public located in certain areas of King
and Pierce Counties in the State of Washington and
Whereas the parties desire to enter into a formal service area agreement to revise the
boundary between their contiguous service areas in King county in order to avoid any
duplication or overlap of water service and to provide the most efficient service to their
respective customers and
Whereas Auburn and Pacific have by resolution annexeddeannexed an area legally
described in Attachment 1 attached hereto and shown on the map Attachment 2
attached hereto The Cities have agreed to work together cooperatively to facilitate a
practical efficient boundary between the two systems
Pacific and Auburn therefore agree as follows
1 This Agreement is entered into pursuant to the South King County Coordinated
Water System Plan which Plan and Appendices are incorporated herein by this
reference
2 The contiguous water service boundary between Pacific and Auburn is agreed
upon by both parties as shown on the attached map Attachment 2 and as legally
described in Attachment 3 which by this reference are incorporated herein
3 Pacific and Auburn may by mutual written amendmentstothis Agreement make
such adjustments to the service boundary as they may mutually agree upon from
time to time so that water service to new service locations in close proximity to the
service boundary may be provided in an efficient effective and economical manner
Any such adjustments shall be documented by modifying the attached maps which
when so modified and agreed to by the parties shall constituteamendments to this
Agreement Minor adjustments consisting of ten acresor less may be authorized by
the Public Works Director of the City of Auburn and the Community Development
Director of the City of Pacific
4 Except as specifically set forth herein this Agreement shall not modify the
Resolutions regarding the AnnexationDeannexationprocess referenced above
Exhibit A
Resolution No 3644
Page 1 of 2
5 Auburn will work with Pacific to assist in the negotiations with a Tacoma Second
Supply Project Partner SSP Partner for future water supply for Pacific The rate
for water sold to Pacific from a SSP Partner shall be the rate charged Auburn for the
water plus a wheelingcharge tobe established using cost of service principles
6 Pacific will pay Auburn its costs associated with increasing the capacity of the
Auburn Tacoma Second Supply Pipeline connectionsto allow the wheeling of up to
one 1 million gallon per day peak day demand and up to one half million gallon per
day average day demand through Auburn to Pacific
7 Water available to the Pacific pursuant to this Agreement shall be in compliance
with all applicable state and federal drinking water laws regulations and standards
8 If Pacific requires additional or different treatment facilities in order for the wheeled
water to comply with their water quality goals or standards then Pacific will install
such treatment facilities on the Pacific side of the intertie meters at their expense If
Auburn and Pacific determine that treatment is required to meet the mutual water
quality goals and standards then the treatment facilities will be installed as near the
point of connection to the Tacoma pipeline as practical The treatment facility costs
will be sharedbased upon the capacity required by each city
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King erePETERBLEWISMAYOR
OCT 202003
Date
ATTEST
Q Ølok
Danielle E Daskam CMC City Clerk
Exhibit A
Resolution No 3644
Page 2 of 2
CITY OF PACIFIC
King County Washington
azulL˘Cn
HOWARD ERICKSON MAYOR
Date icLY1 C
APPROVED AS TPlrft1
Albert A Abuan City Attorney
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY HIGHWAY AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWESTCORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCENUMBER 2271 AND THE NORTHWESTCORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCENUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCE
NUMBER 319 A DISTANCE OF1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3
THENCE SOUTHALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFICORDINANCE 319 AND TO
A LINEPARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 319 AND ALONG SAID PARALLELLINE A DISTANCE OF1300
FEET MORE OR LESS TO THE WEST LINEOF SAID SECTION 31
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCENUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCENUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 A DISTANCE OF 70
FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTHALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONGLAST SAID PARALLELLINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINEPARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASUREDALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAY
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLYALONGLAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEYHIGHWAY A STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
THENCENORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
Exhibit A Attachment 1
Resolution No 3644
1 of 2
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM
THENCE SOUTHALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 226 AND THE WESTLINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit A Attachment 1
Resolution No 3644
2of2
r
r
r
WATER SERVICE
AREA BOUNDARY LINE
250500
I ATTACHMENT 2 Plotted JAN 2003
EXHIBIT AATTACHMENT 2
RESOLUTION No 3644
PAGE 1 Of 1SCALE1500
ATTACHMENT 3
WATER SERVICE AGREEMENT LINE BOUNDARY AFTER ANNEXATION
IN THE E 12 OF SEC 36 TWP 21 N R 4E AND W 12 OF SEC 31 TWP 21 N R 5E WM
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4
EAST WM SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE LANDS ANNEXED
TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE
SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCENUMBER 226
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36
AND ALONG SAID SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF
PACIFIC ORDINANCENUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE
OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY100 FEET IN
WIDTH AND THE TRUE POINT OF BEGINNING OF THIS WATER SERVICEAGREEMENT LINE
THENCE NORTHALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONG SAID PARALLELLINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINEOF THE BNSF RAILROAD RIGHTOFWAYA DISTANCE
OF 3280 FEET MORE OR LESS TO A LINEPARALLEL WITH AND 1884 FEET SOUTHERLY WHEN
MEASUREDALONG THE WESTLINE OF SAID RAILROAD RIGHTOFWAY FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLY ALONGLAST SAID PARALLELLINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEYHIGHWAY A STREET SE
THENCESOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
THENCENORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINECOMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 226 AND THE EAST LINE OF THE NORTHEASTQUARTER OF
SAID SECTION 36
THENCE NORTHALONG THE LINECOMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN
BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226 AND THE EAST LINE OF THE NORTHEASTQUARTER OF SAID
SECTION 36 A DISTANCE OF 258 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE
LANDS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING
NUMBER 8009050525 RECORDS OF SAID COUNTY
THENCE EAST 50 FEETALONG THE NORTH LINE OF SAID LANDS TO THE NORTHEAST CORNER
THEREOF
THENCE NORTH 34682 FEET TO A POINT 50 FEET EAST OF THE SOUTHWEST CORNER OF
TRACT B OF CITY OF AUBURN LOT LINEADJUSTMENT LLA587RECORDED UNDER
RECORDINGNUMBER 8704220781 RECORDS OF KING COUNTY
THENCE WEST ALONG THE SOUTH LINE OF SAID TRACT B TO THE SOUTHWEST CORNER OF
SAID TRACT B AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36
THENCE NORTHALONG THE WEST LINE OF SAID TRACT B THE LINECOMMON TO THE LANDS
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE
CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 AND THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF 5422 FEET MORE OR LESS TO
SAID EAST RIGHTOFWAYLINE OF EAST VALLEY HIGHWAY A STREET SE
THENCE SOUTHWESTERLYALONG SAID EAST RIGHTOFWAYLINE TO THE SOUTHEAST
CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE
NUMBER 1171
Exhibit A Attachment 3
Resolution 3644
Page 1 of 2
THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID CITY OF AUBURN ORDINANCENUMBER 1171
THENCE NORTHERLY ALONG THE WEST LINEOF THE LANDS DESCRIBED IN SAID CITY OF
AUBURN ORDINANCENUMBER 1171 TO THE NORTH LINE OF SAID SECTION 36 AND THE
TERMINUS OF THIS WATERSERVICE AGREEMENT LINE
SITUATE IN KING COUNTY WASHINGTON
Exhibit A Attachment 3
Resolution 3644
Page 2 of 2
EXHIBIT B
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
PacificAuburn Intertie Agreement No3
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as Auburn and the City of Pacific hereinafter referred to as
Pacific for the purposes of planning designing constructing maintaining and
operating an emergency system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have water facilities in the vicinity and
WHEREAS both Cities can increase fire protection and emergency water supply
reliability for their customers and
WHEREAS theCities are willing to provide the necessary services to increase
fire fighting and emergency supply reliability upon theterms and conditions set forth
herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The Cities hereby concurrently terminate with the execution of this
Agreement the Water Sales Agreement Between City of Auburn and City
of Pacific dated November 4 1991 and the Water Service Agreement
dated July 271984
2 The fourinch 4 water service connection on Ellingson Road near
Pacificswell field will continue to function as an emergency water supply
under the terms and conditions of this agreement and the supply of
emergency water through this facility will be oneway from Auburn to
Pacific
3 The new emergency water system intertie will be designed to be operated
manually as a two way emergency supply between the Auburn and Pacific
Systems The facility shall be located on East Valley Highway in the
vicinity of the Water ServiceArea Boundaries between the two cities
Final location and configuration of the facilities shall be determined at the
time of final design
4 The emergency water system interties shall be operated only in the event
of an emergency For purposes of this agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical
Exhibit B
Resolution No 3644
Page 1 of 5
equipment failure electrical equipment failure or Puget Sound Energy
facility failure or any other agreed upon emergency withinthe water
supply system
5 Auburn will design and administer the contract for the construction of the
new metering station The facility will be designed and constructed in
accordance with reasonably accepted water utility standards for similar
municipal water utilities Construction of the metering station will occur in
the futureat a mutually agreed upon time Auburn will own and maintain
the piping interior equipment emergency meter and interior
appurtenances and all piping up to the Pacific side of the vault for the
metering station
6 Upon completion of construction Auburn will transfer ownership of all
exterior appurtenances and all piping that is located on the Pacific side of
the vault to Pacific Pacific will own and maintain the exterior
appurtenances and all piping on Pacifics side of the vault
7 Each City will have unlimited access to the vault via a dual padlock or
ownership of keys to the vault
8 Each City will operate the respective normally locked valve inside of the
vault Auburn will solely unlock and operate the locked valve on Auburns
side of the meter and Pacific will solely unlock and operate the locked
valve on Pacificsside of the meter
9 The procedure for operating the interties in the event of such emergency
shall be as follows
A Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
the one or both interties be activated
B Upon agreement that an emergency exists the authorized
representative of each City shall allow for one or both of the
interties tobe opened The intertie s will be activated as soon as
reasonably possible Both Cities personnel shall be present at the
vaultsto open the valves to activate the facility
C The City requesting the activation shall provide a written
confirmation of the request not less than 24 hours after the verbal
request oron the first day of normal business after the verbal
request
Exhibit B
Resolution No 3644
Page 2 of 5
D The intertiesshall remain activated until the City requesting
activation determines that the need for activation of the emergency
interties has ceased and shall request in writing to close the
intertie
E In case of emergency or whenever the public health safety or the
equitable distribution of water so demands the City supplying the
water may change reduce or limit the time for or temporarily
discontinue the supply of water without notice water service may
be temporarily interrupted limited for purposes of making repairs
extensions or doing other necessary work and the City supplying
the water shall not be responsible for any damage resulting from
interruption change or failure of the water supply and the City
receiving the water City requesting activation shall save and hold
harmless the City supplying the water from any loss damages or
suitesto or by customers of the City receiving the water resulting
from interruption change or failure of water supply provided by this
Agreement except damagesarising out of the City supplying the
watersnegligence Priorto a planned interruption or limiting of
service the City supplying the water will notify the City receiving the
water of such not less than three daysprior to the service
disruption The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will to the extent practical limit the service disruption to
daylight hours
10 Auburn shall read the meters upon activation and upon deactivation of
the interties The City supplying the water shall verify the information
and shall then calculate and invoice the other City for the water used
during the request The total water used during the event shall be used to
calculate the invoice The rate for water consumed through the
emergency interties shall beat the Auburn Wholesale Rateto Algona in
effect at the time the water is used This shall be complete payment for
the water labor and administration of activating the interties
11 The total project costs for the construction of the new intertie shall include
costs for consulting design service and construction Auburn shall bear
the project costs in exchange for facilities transferred to Auburn as a part
of the Lakeland Hills area annexationdeannexation Each City is
responsible for associated staff administration and legal costs associated
with this implementation of the agreement
12 To the extent allowed by law the City of Pacific shall defend indemnify
and hold harmless the City of Auburn its elected officials employees and
agents from and against any and all suits claims actions losses costs
Exhibit B
Resolution No 3644
Page 3 of 5
expensØs of litigation attorneysfees penalties and damages of
whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the City of Pacific its employees agents and
contractors in the performance of the City of Pacificsobligations under the
Agreement and this Amendment This indemnification provision shall
include but is not limited to all claims against the City of Auburn by an
employee or former employee of the City of Pacific or its contractors and
as tosuch claims the City of Pacific expressly waives all immunity and
limitation of liability under Title 51 RCW
To the extent allowed by law the City of Auburn shall defend indemnify
and hold harmless the City of Pacific its elected officials employees and
agents from and against any and all suits claims actions losses costs
expenses of litigation attorneysfees penalties and damages or
whatsoever kind or nature arising our of in connection with or incident to
an act or omission of the City of Auburn its employees agents and
contractors in the performance of the City of Auburnsobligations under
this Agreement This indemnification obligation shall include but is not
limited to all claims against the City of Pacific by an employee or former
employee of the City of Auburn or its contractors and as to such claims
the City of Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW
13 This Agreement shall remain in force until terminated by either party hereto
upon 60days written notice to the other party Any project costs incurred
up to the date of such notice as described herein shall be shared in
accordance with the provisions of this Agreement
14 Water available to the Pacific pursuant to this Agreement shall be in
compliance with all applicable state and federal drinking water laws
regulations and standards
15 If Pacific requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Pacific will installsuch treatment facilities on the
Pacific side of the intertie meters at their expense
16 If Auburn requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Auburn will installsuch treatment facilities on the
Auburn side of the intertie meters at their expense
Exhibit B
Resolution No 3644
Page 4 of 5
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King County Washin ton
r
S MAYOR
OCT I —2003
Date
ATTEST
Ll11JdvJ
Danielle E Daskam CMC City Clerk
Exhibit B
Resolution No 3644
Page 5 of 5
CITY OF PACIFIC
King County Washington
U1CZ16g
HOWARD ERICKSON MAYOR
tJ 1DateeIo01JZCI
ATTEST
j
APPROVED AS TO FORM
dice JU
Albert A Auan City Attorney
EXHIBIT C
CITY OF AUBURN WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF PACIFIC
WHEREAS the City of Auburn Auburn and the City of Pacific Pacific have
agreed to the annexationdeannexation a portion of property described in Attachment
1 relating to among other things East Valley Highway EVH from the north end of the
WhiteRiver bridge to the KingPierce County line in which Auburn recognizes and
agrees to Pacificsright to access a portion of EVH near the KingPierce County line for
ingress egress and utilities and
WHEREAS Auburn and Pacific have entered into a Water Service Area
Agreement which revised the boundary between their respective water service areas
and
WHEREAS the City of Auburn and Pacific have entered into an Emergency
Water System Intertie Agreement and
WHEREAS according to said Emergency Water System Intertie Agreement
Auburn guaranteed Pacific the right to wheel water through Auburnswater system for
an associated wheeling charge and
WHEREAS in order to maintain control over the use of Auburn rightofways by
Pacific within Auburn it is appropriate toenterintofranchise agreements with Pacific
and
WHEREAS Pacific has negotiated this franchise agreement with Auburn
acceptable to both parties and
WHEREAS Auburn has determined that it is in the best interests of the public to
grant Pacific a franchise on the terms and conditions set forth in this Agreement
NOW THEREFORE THE CITY OF AUBURN AND THE CITY OF PACIFIC
AGREE AS FOLLOWS
SECTION 1 DEFINITION
Where used in this franchise Franchise the following definitions shall apply
11 Franchisee means the City of Pacific a Washington municipal
corporation and its respective successors and assigns
12 City means the City of Auburn a Washington municipal corporation
Exhibit C
Resolution No 3644
Page 1 of 11
13 Franchise Area means that portion of East Valley Highway where
Pacific will own operate and maintainutilities as described with Attachment 2 attached
hereto which is by thisreference incorporated as if fully set forth herein provided that
the Franchise Area shall not include or convey any right to Franchisee to install facilities
onor to otherwise use City owned or leased properties outside the Franchise Area
14 Facilities means the Franchiseesutility system linesmains
appurtenances and all other necessary or convenient facilities for the purpose of
providing water service
15 Agreement means this Agreement setting forth theterms and
conditions of the franchise granted to the Franchisee
SECTION 2 FRANCHISE GRANT
Subject to theterms and conditions set forth in this Agreement the City grants to the
Franchisee the right toconstruct and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing installing operating
maintaining removing and replacing mains and pipes and making connections
between the same to the dwellings and other buildings of the consumers In exercising
the foregoing rights the Franchisee shall be governed by and conform to the general
rules adopted by the Public Works Department of the City of Auburn and the
Franchisee at no expense to the City shall complete all work and shall replace and
restore the City roads to the condition of the City roads existing immediately prior to
such disturbance PROVIDED HOWEVER that no such work shall be done prior to the
obtaining of a permit therefor issued by the Citys Public Works Director hereinafter
Director which permit shall set forth conditions pertaining to the work to be done and
specifications for the restoration of the roads to the same condition as they were prior to
such work If the Franchisee does not repair the City roads to the satisfaction of the
Director the City may at its sole discretion repair such City roads or cause them to be
repaired and the Franchisee hereby agrees to reimburse the City for the cost of such
work including overhead costs
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect from the effective date of this
Agreement forward for a period not to exceed twentyfive 25 years from the effective
date of this Agreementprovided that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a
written acceptance of this Franchise with the City pursuant to Section 4 of this
Agreement
SECTION 4 ACCEPTANCES BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the City Clerk within fortyfive 45 days from the date of this Agreement by the
Franchisee Full acceptance of this Franchise is a condition precedent to its taking
effect and unless this Franchise is accepted withinthe time specified this grant will be
null and void and have no force or effect
Exhibit C
Resolution No 3644
Page 2 of 11
SECTION 5 NONEXCLUSIVEFRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property
including the Franchise Area This Franchise does not prevent or prohibit the City from
constructing altering maintaining or using any of the Franchise Area The City retains
full power to make all changes relocations repair maintenance or other work to or in
the Franchise Area as the City deems fit
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads
and rightsofway in which the City has an actual interest It is not a warranty of title or
of interest in City road rightsofway None of the rights granted to the Franchisee shall
affect the jurisdiction of the City over City road rightsofway or the Citys power to
perform work upon its roadways rightsofway or appurtenant drainage facilities
including by constructing alteringrenewing paving widening grading blasting or
excavating
SECTION 7 REGULATIONS OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has
or may later acquire in the future to regulate the use of and to control the City road
rightsofway covered by this Franchise The City reserves the right and power at all
times to exercise its police powers with respect to the time manner and location of the
placement of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject
to the exercise of eminent domain In the event of an exercise of eminentdomain by
the City the value tobe attributed to all the rights and interests granted under this
Franchise shall not exceed the actual amount the Franchisee paid to the City in
obtaining this Franchise
SECTION 9 VACATION
Ifat any time the City vacates any City rightsofway covered by this Franchise the City
will not be heldliable for any damages or loss to the Franchisee by reason of such
vacation The City may after giving thirty 30 days written notice to the Franchisee
terminate this Franchise with respect to any City road or rightsofway vacated
SECTION 10 ENFORCEMENT
The Citys failure to enforce any provision of this Franchise does not constitute a waiver
of its right to enforce that provision or any other provision of this Franchise
SECTION 11 INDEMNITIES AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City its
appointed and elected officials and its employees and agents from and against liability
for all claims actions injuries demands liabilities losses costs damages and
Exhibit C
Resolution No 3644
Page 3 of 11
judgments including costs of defense thereof collectively referred to as damages
for injury to persons death or property damage caused by arising out of or incidental
to the Franchiseesexercise of the rights and privileges granted by this Franchise
except for damages caused by or arising out of the Citys sole negligence In the event
that any suchclaim or demand for damages is presented to or filed with the City or if
any suit or action is initiated against the City based on such claims or demands for
damages the City shall promptly notify the Franchisee of the claim demand suit or
action and the Franchisee shall have the right at its election and its solecost and
expense to settle and compromise such claim demand suit or action or defend the
same at the Franchiseessolecost and expense
112 If it is determined that RCW 424115 applies to this Franchise the
Franchisee agrees to defend hold harmless and indemnify the City to the maximum
extent permitted under that statute and specifically for the Franchiseesnegligence
concurrent with that of the City to the full extent of the Franchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee shall keep a policy of insurance in force with a
minimum limit of fivemillion dollars 500000000 Verification of insurance coverage
is a condition precedent to the effectiveness of this Agreement
122 The insurance shall be maintained in full force and effect at the
Franchisees sole expense throughout the term of the Franchise and should such
insurance be terminated this Agreement shall terminate as of the date of the
termination of insurance coverage
123 The coverage provided by the Franchiseesinsurance policies shall be
primary to any insurance maintained by the City except as tolosses or damages
attributable to the sole negligence of the City Any insurance maintained by the City
that might relate to this Franchise shall be in excess to the Franchiseesinsurance and
shall not contribute with or to it The City has no obligation to report occurrences to the
insurance companies unless a claim is filed with the Citys City Council and the City
has no obligations to pay the Franchiseespremiums
124 The Franchisee shall be solely and completely responsible to perform
all work related to this Franchise in compliance with all applicable federal state county
and city statutes rules regulations Ordinances orders and codes The Franchisees
attention is directed to the requirements of the Washington Industrial Safety and Health
Act Chapter 4917 RCW The Franchisee shall be solely and completely responsible
for safety and safety conditions on its job sites and for its work within the Franchise
Area including the safety of all persons and property during performance of any works
therein The services of the City or Citys consultant personnel in conducting
construction review of the Franchiseeswork relating to the Franchise is not intended to
include review of the adequacy of the Franchisees work methods equipment
scaffolding or trenching or safety measures in onor near such Franchise Area or job
site The Franchisee shall provide safe access for the City and its inspectors to
adequately inspect the work and its conformance with applicable statutes Ordinances
rules regulations and the Franchise
Exhibit C
Resolution No 3644
Page 4 of 11
SECTION 13 INSTALLATIONS REPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns withinthe Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines
connecting its system to users if the Cityrequires such repair for any reasonable
purpose
132 The Franchisee shall at no expense to the City adjust remove or
relocate existing Facilities within the Franchise Area including all appurtenant Facilities
and service lines connecting its system to users if the City determines such
adjustment removal or relocation is reasonably necessary to allow for an improvement
or alteration planned by the City The City shall give the Franchisee written notice of
such requirement as soon as practicable The written notice shall include all available
information such as plans and specifications as is reasonably necessary for the
Franchisee to plan for such adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired withinthe Franchise Area soas to provide safety of persons and property and
not interfere with the free passage of traffic all in accordance with the laws of the State
of Washington and the Ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capital improvement program
in addition to any other notice given to the Franchisee the City shall provide a copy of
the capital improvement plan and six 6 year transportation improvement plan when
requested Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it both existing and as proposed by the City and the
proposed construction schedule The initial design information shall be given atleast
one hundred and eighty 180 days before construction is scheduled to begin except in
cases of urgent construction or emergencies The Franchisee shall respond to this
notice and to any later notices of revised designs within twenty 20 days of the date of
the notice by providing to the City the Franchiseesbest available information as to the
location of all the FranchiseesFacilities including all appurtenant Facilities and service
lines connecting its system to users and all Facilities that it has abandoned within the
area proposed for the project
135 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public
works project as well as all required adjustments removals or relocations of the
FranchiseesFacilities The City shall have sole authority to choose the contractor to
perform such work Such bid documents shall provide for ar1 appropriate cost allocation
between the parties In addition to the Franchiseesallocation of contractor costs the
Franchisee shall reimburse the City for all costs to include butnot be limited to legal
engineering inspections administration andor soils testing related to the Franchisees
work and reasonably incurred by the City in the administration of such joint construction
contracts Such costs shall include the direct salary cost of the time of City professional
and technical personnel including the Citys consultants spent productively engaged in
such work plus overhead costsat the standard rate charged by the City on other
similar projects
Exhibit C
Resolution No 3644
Page 5 of 11
136 It is understood that emergency situations may arise that could
threaten public health andor continued operation of the
Franchiseesutility system and the Franchisee may be unable
to notify the City in the manner prescribed in Section 14 of this
Franchise In such a situation the Franchisee shall immediately
correct thehazardous situation and continueto use best efforts
to contact the City staff The Emergency Phone Number for the
City of Auburn is 253 9313010 and the City of Pacific is 253
9291110 Dialing 911 is advised for emergency situations
SECTION 14 REQUIREMENTS OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority toenter the City
road rightsofway for the purpose of constructing installing operating maintaining
replacing or repairing its Facilities on the condition that it obtains construction
excavation and rightofway use permits issued by the City Any work performed
whether by Franchisee its contractors or third parties shall include necessary paving
patching grading and any other reasonably necessary repair or restoration to the City
rightsofway All work shall be done to the Citys satisfaction
142 All equipment pipelines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located withinthe City road rightsofway and owned by the Franchisee
shall be considered tobe part of the Franchisees system and shall be the responsibility
of the Franchisee All permits for the construction installation operation maintenance
or repair of the Franchiseessystem shall be applied for and given in the name of the
Franchisee who will be responsible for all work doneunder the permit The Franchisee
remains responsible whether the work is performed by the Franchisee its contractors
or by third parties
143 When required by the Public Works Director the Franchisee shall post
a bond to the City in the amount sufficient for any road repair or restoration The
amount of the bond shall be set by the City and must be filed with the City before a
permit will be issued
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shall
conform to all City Ordinances and requirements including butnot limited to Auburn
City Code and the Citys Design and Construction Standards in force when thework is
performed All traffic control shall conform to the current edition of the Uniform Traffic
Control Devices in force when the work is performed
152 If work performed underthis Franchise makes it necessary to turn off
or diminish water pressure to any fire hydrant the Franchisee shall notify the Citys Fire
Department by telephone and by written notice that water pressure or fire flow
conditions have been affected Except in the case of an emergency the notice shall be
provided atleast 48 hours prior to the water pressure being turned off or diminished
Exhibit C
Resolution No 3644
Page 6 of 11
If more than one fire hydrant will be affected the Franchisee shall provide a map of the
affected area to the Fire Department Outofservicefire hydrants must be identified as
not operational by covering with a properly secured burlap or plastic bag Fire hydrants
should be returned to full service as soon as reasonablypossible orno longer than two
working days from the date service was diminished The Franchisee shall notify the
Citys Fire Department when the hydrant is returned to full service
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofway in the condition of the City
roads rightsofway existing immediately prior to such disturbance If the Franchisee its
contractors or third parties working under permit should fail to diligently restore City
road rightsofway to the satisfaction of the City the City may make such repairs or
restorations as are necessary to return the City road rightsofway to a condition
reasonably comparable to the condition of the City roads rightsofway existing
immediately prior to such disturbance Upon presentation of an itemizedbill for repairs
or restorations including all applicable costs both direct and indirect to include but not
be limited to the cost of labor tools materials and equipment the Franchisee shall pay
the bill within sixtyfive 65 days
SECTION 17 GUARANTEES
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two 2 years from the date the City
accepts the work andor restoration
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement the Franchisee shall provide the City with
all information requested by the City regarding the location of the Franchiseescurrent
Facilities including but not limited to copies of all record drawings for such Facilities If
the Franchisee performs any work to install repair reconstruct or replace Facilities in
the Franchise Area after this Agreementseffective date the Franchisee shall provide
the City with all information requested by the City regarding the location of those
Facilities including but not limited to copies of record drawings
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such
excavation shall provide written notice to the other of the planned excavation affording
the other party the opportunity to share in the excavation provided that 1 such joint
use shall not unreasonablydelay the work of the partycausing the excavation tobe
made 2 such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties and 3 either party may deny such request for safety
reasons
Exhibit C
Resolution No 3644
Page 7 of 11
SECTION 20 REIMBURSEMENTS OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City which are directly or indirectly related to the receipt
review and approval of this Franchise In the event of nonpayment thereafter the
Franchisee shall pay the Citys reasonable attorneys fees and othercosts incurred in
collecting such amount Payment must be made within sixtyfive 65 days of the
Franchiseesreceipt of the Citys billlinvoice If payment is not paid in full withinthe
sixtyfive 65 days this Franchise shall become null and void
SECTION 21 BLASTING REQUIREMENTS
The Franchiseesright to construct install operate maintain and repair Facilities does
not preclude the City its agents or contractors from blastinggrading or doing other
road work contiguous to the FranchiseesFacilities When practical the City shall give
the Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed underthis Franchise the Franchisee shall establish two
ormore reference marks to all monuments and markers of every nature relating to
subdivisions plats rightsofway and all other surveys The reference points shall be
located so that they willnot bedisturbed during any of Franchiseesoperations under
this Franchise The method of referencing monuments or other markers or points shall
be approved by the City before placement The replacement of all markers or
monuments disturbed during any construction of the Franchisee shall be made as
promptly as conditions permit The cost of monuments or markers lost destroyed or
disturbed and the expense or replacement with approved markers or monuments shall
be borne by the Franchisee
SECTION 23 RESERVATIONS OF RIGHTS
The City reserves the right upon thirty 30 days writtennotice to the Franchisee to
amend or modify the provisions or conditions of this Franchise to conform to any state
county federal or city statute ordinance rule or regulation The City may terminate
this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee
fails or refuses to comply with such amendment or modification
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City No assignment shall be effective unless an acceptance by the
assignee of all rights conditions terms provisions and responsibilities contained within
the Franchise as well as surety bonds whichthe City deems necessary to be posted
are received as allowed by law The Citys approval of the assignment may be made
subject to the assigneesacceptance of new or modified terms of the Franchise
Exhibit C
Resolution No 3644
Page 8 of 11
SECTION 25 PENAL TV FORVIOLATION OF CONDITIONS
If the Franchiseefails to comply with any material term condition or responsibility under
this Franchise the City may provide the Franchisee with written notice of the Citys
intent to revokethe Franchise if the Franchisees failure is not cured within thirty 30
days of the date of the notice During the thirty 30 days following the date of the
notice the Franchisee shall have the opportunity to remedy the failure to comply A
public hearing shall be scheduled before the Auburn City Council at least thirty 30
days following the notification on the issue of the revocation If at the hearing the City
Council finds that grounds existto revoke the Franchise under this paragraph and that
the revocation is in the public interest the City Council may by ordinance revoke the
Franchise The revocation shall be effective ninety 90 days afterthe public hearing
SECTION 26 EXPIRATION AND RENEWAL
261 If the Franchisee requests a renewal of this Franchise prior to its
expiration date the City may at the Citys sole discretion extend the term of this
Franchise for up to one year beyond the expiration date to allow for processing of the
renewal If the City electsto extend the term of this Franchise written notice of the
extension shall be provided to the Franchisee prior to the Franchise expiration date
262 If the Franchisee has not requested a renewal of this Franchise prior to
its expiration date the City has the right upon thirty 30 days prior notice to the
Franchisee to remove or relocate any of the FranchiseesFacilities as is reasonably
necessary for the publics health welfare or safety or for the construction alteration or
improvement of the Franchise Area or for the construction or installation of lines or
facilities of other franchise holders The Franchisee shall be liable for costs incurred in
any removal or relocation of the FranchiseesFacilities under this section
263 Upon the expiration of this Franchise the Franchisee shall continue to
be responsible for the operation and maintenance of the Franchiseesexisting facilities
in theFranchise Area but shall not have the right to provide additional services This
Section and Sections 111314151619 and 22 of this Franchise shall continue in
force until such time as the FranchiseesFacilities are abandoned to the City in
accordance with the terms and conditions of the Annexation Resolution
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and local laws and
regulations including but not limited to the State Environmental Policy Act and the
Citys Environmental Standards and Ordinances
SECTION 28 NONDISCRIMINATIONCLAUSES
In all hiring or employment made possible or resulting from this Franchise there shall
be no discrimination against any employee or applicant for employment because of sex
sexual orientation age race color national origin marital status or the presence of any
sensory mental or physical handicap unless based upon a bona fide occupation
qualification No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement
Exhibit C
Resolution No 3644
Page 9 of 11
on the grounds of sex sexual orientation race color national origin age except
minimum age and retirement provisions marital status or the presence of any sensory
mental or physical handicap
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified
City of Auburn
City Engineer
25West Main Street
Auburn WA 980014998
2539313010
City of Pacific
CommunityDevelopment Director
100 3rd Avenue SE
Pacific WA 98047
2539291110
SECTION 30 ATTORNEYS FEES
If either party commences litigation against the other party relating to the performance
or alleged breach of this Franchise the prevailingparty shall be entitled to all costs
including reasonable attorneys fees incurred relating to such litigation including those
incurred in any appeal
SECTION 31 SEVERANCES
If any term provision condition or portion of this Franchise isheld to be invalid such
invalidity shall not affect the validity of the remaining portions of this Franchisewhich
shall continue in full force and effect unless the dominant purpose of the Franchise
would be prevented or the public interest would no longer be served as determined by
the City
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five daysprior to its date of passage
and submittedto the city attorney and being approved by atleast a majority of the
entire city councilat a regular city council meeting shall take effect and be in force five
days after its passage approval and publication as required by law
SECTION 33 EXISTING UTILITIES
This Franchise shall govern City of Pacific new utility Facilities within the City of
Auburn
Exhibit C
Resolution No 3644
Page 10 of 11
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King County Washington
4
PETER B LEWIS MAYOR
DCl 2 —2003
CITY OF PACIFIC
King County Washington
C Ji41ev2d47
HOWARD ERICKSON MAYOR
Date Jclœ 3 LsDate
Danielle E Daskam CMC City Clerk
ATTESTlATTEST
Exhibit C
Resolution No 3644
Page 11 of 11
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY HIGHWAY AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 41N THE SOUTHWEST QUARTER OF
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWESTCORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCENUMBER 2271 AND THE NORTHWESTCORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCENUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3
THENCE SOUTHALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFICORDINANCE 319 AND TO
A LINEPARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 319 AND ALONG SAID PARALLELLINE A DISTANCE OF 1300
FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31
THENCE SOUTHALONG THE WEST LINEOF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCENUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 A DISTANCE OF 70
FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTHALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
pARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONGLAST SAID PARALLELLINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTHALONG SAID WESTLINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINEPARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASUREDALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAY
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLYALONGLAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEYHIGHWAY A STREET SE
THENCESOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
Exhibit C Attachment 1
Resolution No 3644
1 of 2
THENCENORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINECOMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 226 AND THE WESTLINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM
THENCE SOUTHALONG SAID LINECOMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 226 AND THE WESTLINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit C Attachment 1
Resolution No 3644
2of2
Attachment 2
CITY OF PACIFICDESCRIPTIONCROSSING EAST VALLEY HIGHWAY
BEGINNING AT INTERSECTION OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY A
STREET SOUTHEAST AND THE NORTH LINE OF TOWNSHIP 20 NORTH RANGE 5 EAST
WM
THENCESOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEYHIGHWAY A
DISTANCE OF 50 FEET
THENCE WEST TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTHERLY ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 150 FEET
THENCE EAST TO SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY
THENCESOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEYHIGHWAY A
DISTANCE OF 100 FEET TO THE POINT OF BEGINNING
SITUATE IN KING AND PIERCE COUNTIES WASHINGTON
Exhibit C Attachment 2
Resolution No 3644
Page 1 of 1
EXHIBIT D
CITY OF PACIFIC WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF AUBURN
WHEREAS the City of Auburn Auburn and the City of Pacific Pacific have agreed to
the annexationdeannexation a portion of property described in Attachment 1 relating
to among other things East Valley Highway EVH from the north end of the WhiteRiver
bridge to the KingPierce County line in which Auburn recognizes and agrees to
Pacificsright to access a portion of EVH near the KingPierce County line for ingress
egress and utilities and
WHEREAS Auburn and Pacific have entered into a Water Service Area Agreement
which revised the boundary between their respective water service areas and
WHEREAS the City of Auburn and Pacific have entered into an Emergency Water
System Intertie Agreement and
WHEREAS in order to maintain control over the use of City of Pacific rightofway by
utilities operating withinthe City of Pacific it is appropriate toenter into franchise
agreements with such utilities and
WHEREAS City of Auburn is such a utility and has negotiated this franchise
agreement with the City of Pacific acceptable to both parties and
WHEREAS the City of Pacific has determined that it is in the bestinterests of the
public to grant the City of Auburn a franchise on theterms and conditions set forth in
this Agreement now therefore
THE CITY COUNCIL OF THE CITY OF PACIFIC WASHINGTON DO ORDAIN AS
FOLLOWS
SECTION 1 DEFINITIONS
Where used in this franchise Franchise the following definitions shall apply
11 Franchisee means the City of Auburn a Washington municipal
corporation and its respective successors and assigns
12 City means the City of Pacific a Washington municipal corporation
13 Franchise Area means the Right of Way of A Street SE as described
in Attachment 2 attached hereto which is by this reference incorporated as if fully set
forth herein provided that the Franchise Area shall not include or convey any right to
Franchisee to install facilities onor to otherwise use City owned or leased properties
outside the Franchise Area
Exhibit D
Resolution No 3644
Page 1 of 11
14 Facilities means the Franchiseeswater system linesmains
appurtenances and all other necessary or convenientfacilities for the purpose of
providing water service
15 Agreement means this Agreement setting forth the terms and
conditions of the franchise granted to the Franchisee
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement the City grants to the
Franchisee the right for the construction and installation of water pipeline
appurtenances and the excavation of trenches on City roads for the purposes of
constructing installing operating maintaining removing and replacing mains and
pipes and making connections between the same to the dwellings and other buildings
of the consumers the Franchisee shall be governed by and conform to the general
rules adopted by the Public Works Department of the City of Pacific and the
Franchisee at no expense to the City shall complete all such work and shall replace
and restore the City roads to a condition reasonably comparable to the condition of the
City roads existing immediately prior tosuch disturbance PROVIDED HOWEVER that
no such work shall be done prior to the obtaining of a permit therefor issued by the
Citys Community Development Director hereinafter Director which permit shall set
forth conditions pertaining to the work tobe done and specifications for the restoration
of the roads to the same condition as they were prior to such work If the Franchisee
does not repair the City roads to the satisfaction of the Director the City may at its sole
discretion repair such City roads or cause them to be repaired and the Franchisee
hereby agrees to reimburse the City for the cost of such work including overhead costs
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect for a period of twentyfive 25
years from theeffective date of this Agreement provided that this Franchise shall not
take effect and the Franchisee shall have no rights under this Franchise unless the
Franchiseefiles a written acceptance of this Franchise with the City pursuant to Section
4 of this Agreement
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the City Clerk within fortyfive 45 days from the date of this Agreement by the
Franchisee Full acceptance of this Franchise is a condition precedent to its taking
effect and unless this Franchise is accepted within the time specified this grant will be
null and void and have no force or effect
SECTION 5 NONEXCLUSIVEFRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property
Exhibit D
Resolution No 3644
Page 2 of 11
including the Franchise Area This Franchise does not prevent or prohibit the City from
constructing altering maintaining or using any of the Franchise Area The City retains
full power to make all changes relocations repair maintenance or other work to or in
theFranchise Area as the City deems fit
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads
and rightsofway in which the City has an actual interest It is not a warranty of title or
of interest in City road rightsofway None of the rights granted to the Franchisee shall
affect the jurisdiction of the City over City road rightsofway or the Citys power to
perform work upon its roadways rightsofway or appurtenant drainage facilities
including by constructing alteringrenewing paving wideninggrading blasting or
excavating
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has
or may later acquire in the future to regulate the use of and to control the City road
rightsofway covered by this Franchise The City reserves the right and power at all
times to exercise its police powers with respect to the time manner and location of the
placement of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject
to the exercise of eminent domain In the event of an exercise of eminent domain by
the City the value to be attributed to all the rights and interests granted under this
Franchise shall not exceed the actual amount the Franchisee paid to the City in
obtaining this Franchise
SECTION 9 VACATION
If at any time the City vacates any City rightsofway covered by this Franchise the City
will not be heldliable for any damages or loss to the Franchisee by reason of such
vacation The City may after giving thirty 30 days written notice to the Franchisee
terminate this Franchise with respect to any City road or rightsofway vacated
SECTION 10 ENFORCEMENT
The Citys failure to enforce any provision of this Franchise does not constitute a waiver
of its right to enforce that provision or any other provision of this Franchise
SECTION 11 INDEMNITIES AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City its
appointed and elected officials and its employees and agents from and against liability
for all claims actions injuries demands liabilities losses costs damages and
judgments including costs of defense thereof collectively referred to as damages
for injury to persons death or property damage caused by arising out of or incidental
Exhibit D
Resolution No 3644
Page 3 of 11
to the Franchisees exercise of the rights and privileges granted by this Franchise
except for damages caused by or arising out of the Citys sole negligence In the event
that any such claim or demand for damages is presented to or filed with the City or if
any suit or action is initiated against the City based on such claims or demands for
damages the City shall promptlynotify the Franchisee of the claim demand suit or
action and the Franchisee shall have the right at its election and its sole cost and
expense to settle and compromise such claim demand suit or action or defend the
same at the Franchiseessole cost and expense
11 2 If it is determined that RCW 424115 applies to this Franchise the
Franchisee agrees to defend hld harmless and indemnify the City to the maximum
extent permitted under that statute and specifically for the Franchiseesnegligence
concurrent with that of the City to the full extent of the Franchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee being a municipality in the State of Washington shall
be selfinsured through the Washington Cities Insurance Association WCIA If
required by Pacific Auburn shall request the WCIA to provide Pacific with a letter sent
from the WCIA evidencing such an insurance policy tobe in force
122 The insurance shall be maintained in full force and effect at the
Franchiseessole expense throughout the term of the Franchise The City shall be
given at least fortyfive 45 days written notice that the Franchisee is no longer a
member of the WCIA Such notice to the City shall be by certified mail sent to City of
Pacific Public Works Dept 100 3rd SE Pacific Washington 98047
123 The coverage provided by Auburnsinsurance policies shall be primary
to any insurance maintained by Pacific except as to losses or damages attributable to
the sole negligence ofPacific Any insurance maintained by Pacific that might relate to
this Franchise shall be in excess to Auburnsinsurance and shall not contribute with or
to it Pacific has no obligation to report occurrences to the insurance companies unless
a claim is filed with PacificsCity Council and Pacific has no obligations to pay
Auburnspremiums
124 The Franchisee shall be solely and completely responsible to perform
all work related to this Franchise in compliance with all applicable federal state county
and city statutes rules regulations ordinances orders and codes The Franchisees
attention is directed to the requirements of the Washington Industrial Safety and Health
Act Chapter 4917 RCW The Franchisee shall be solely and completely responsible
for safety and safety conditions on its job sites and for its work withinthe Franchise
Area including the safety of all persons and property during performance of any works
therein The services of the City or Citys consultant personnel in conducting
construction review of the Franchiseeswork relating to the Franchise is not intended to
include review of the adequacy of the Franchiseeswork methods equipment
scaffolding or trenching or safety measures in onor near such Franchise Area or job
site The Franchisee shall provide safe access for the City and its inspectors to
Exhibit D
Resolution No 3644
Page 4 of 11
adequately inspect the work and its conformance with applicable statutesordinances
rules regulations and the Franchise
SECTION 13 INSTALLATIONREPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns withinthe Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines
connecting its system to users if the Cityrequires such repair for any reasonable
purpose
132 The Franchisee shall at no expense to the City adjust remove or
relocate existing Facilities within the Franchise Area including all appurtenant Facilities
and service lines connecting its system to users if the City determines such
adjustment removal or relocation is reasonably necessary to allow for an improvement
or alteration planned by the City The City shall give the Franchisee written notice of
such requirement as soon as practicable The written notice shall include all available
information such as plans and specifications as is reasonably necessary for the
Franchisee to plan for such adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired within the Franchise Area soas to provide safety of persons and property and
not interfere with thefree passage of traffic all in accordance with the laws of the State
of Washington and the ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capital improvement program
in addition to any other notice given to the Franchisee the City shall provide a vertical
and horizontal profile of the roadway and drainage facilities within it both existing and
as proposed by the City and the proposed construction schedule The initial design
information shall be given at least thirty 30 days before construction is scheduled to
begin except in cases of urgent construction or emergencies The Franchisee shall
respond to this notice and to any later notices of revised designs within twenty 20
days of the date of the notice by providing to the City the Franchiseesbest available
information as to the location of all the FranchiseesFacilities including all appurtenant
Facilities and service lines connecting its system to users and all Facilities that it has
abandoned withinthe area proposed for the project
135 The City shall offerthe Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public
works project as well as all required adjustments removals or relocations of the
FranchiseesFacilities The City shall have sole authority to choose the contractor to
perform such work Such bid documents shall provide for an appropriate cost allocation
between the parties In addition to the Franchiseesallocation of contractor costs the
Franchisee shall reimburse the City for all costs to include but not be limited to legal
engineering inspections administration andor soils testing related to the Franchisees
work and reasonably incurred by the City in the administration of such joint construction
contracts Such costs shall include the direct salary cost of the time of City professionall
Exhibit D
Resolution No 3644
Page 5 of 11
and technical personnel including the Citys consultants spent productively engaged in
such work plus overhead costs at the standard rate charged by the City on other
similar projects
136 It is understood that emergency situations may arise that could
threaten public health andor continued operation of the Franchiseesutility system and
the Franchisee may be unable to notify the City in the manner prescribed in Section 14
of this Franchise In such a situation the Franchisee shall immediately correct the
hazardous situation and continue to use best efforts to contact the City staff The
Emergency Phone Number for the City of Pacific is 2539291110 and the City of
Auburn is 2539313048 Dialing 911 is advised for emergency situations
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority toenter the City
road rightsofway for the purpose of constructing installing operating maintaining
replacing or repairing its Facilities on the condition that it obtains construction
excavation and rightofway use permits issued by the City Any work performed
whether by Franchisee its contractors or third parties shall include necessary paving
patching grading and any other reasonably necessary repair or restoration to the City
rightsofway All work shall be done to the Citys satisfaction
142 All equipment lines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located within the City road rightsofway and owned by the Franchisee
shall be considered to be part of the Franchisees system and shall be the responsibility
of the Franchisee All permits for the construction installation operation maintenance
or repair of the Franchiseessystem shall be applied for and given in the name of the
Franchisee who will be responsible for all work doneunder the permit The Franchisee
remains responsible whether the work is performed by the Franchisee its contractors
or by third parties
143 When required by the Director the Franchisee shall post a bond to the
City in the amount sufficient for any road repair or restoration Theamount of the bond
shall be set by the City and must be filed with the City before a permit will be issued
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including butnot limited to Chapter
1312 PMC and the Citys Road Standards in force when the work is performed All
traffic control shall conform to the current edition of the Uniform Traffic Control Devices
in force when the work is performed
152 If work performed under this Franchisemakes it necessary to turn off
or diminish water pressure to any fire hydrant the Franchisee shall notify the Citys Fire
Department by telephone and by written notice that water pressure or fire flow
conditions have been affected Except in the case of an emergency the notice shall be
Exhibit D
Resolution No 3644
Page 6 of 11
provided at least48 hours prior to the water pressure being turned off or diminished If
more than one fire hydrant will be affected the Franchisee shall provide a map of the
affected area to the Fire Department Outofservicefire hydrants must be marked to
indicate that it is not operational
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofway in a condition reasonably
comparable to the condition of the City roads rightsofway existing immediately prior to
such disturbance If the Franchisee its contractors or third parties working under
permit should fail to diligently restore City road rightsofway to the satisfaction of the
City the City may make such repairs or restorations as are necessary toreturn the City
road rightsofway to a condition reasonablycomparable to the condition of the City
roads rightsofway existing immediately prior tosuch disturbance Upon presentation
of an itemized bill for repairs or restorations including all applicable costs both direct
and indirect to include but not be limited to the cost of labor tools materials and
equipment the Franchisee shall pay the bill within sixtyfive 65 days
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two 2 years from the date the City
approves the work andor restoration
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Priorto theeffective date of this Agreement the Franchisee shall provide the City with
all information requested by the City regarding the location of the Franchiseescurrent
Facilities including but not limited to copies of all record drawings for such Facilities If
the Franchisee performs any work to install repair reconstruct or replace Facilities in
the Franchise Area after this Agreementseffective date the Franchisee shall provide
the City with all information requested by the City regarding the location of those
Facilities including butnot limited to copies of record drawings
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
Tofacilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such
excavationshall provide written notice to the other of the planned excavation affording
the other party the opportunity to share in the excavation provided that 1 such joint
use shall not unreasonablydelay the work of the party causing the excavation tobe
made 2 such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties and 3 either party may deny such request for safety
reasons
Exhibit D
Resolution No 3644
Page 7 of 11
SECTION 20 REIMBURSEMENT OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City which are directly or indirectly related to the receipt
review and approval of this Franchise In the event of nonpayment thereafter the
Franchisee shall pay the Citys reasonable attorneys fees and other costs incurred in
collecting such amount Payment must be made within sixtyfive 65 days of the
Franchisees receipt of the Citys billlinvoice If payment is not paid in full withinthe
sixtyfive 65 days this Franchise shall become null and void
SECTION 21 BLASTING REQUIREMENTS
The Franchiseesright to construct install operate maintain and repair Facilities does
not preclude the City its agents or contractors from blastinggrading or doing other
road work contiguous to the FranchiseesFacilities When practical the City shall give
the Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise the Franchisee shall establish two
ormore reference marks to all monuments and markers of every nature relating to
subdivisions plats rightsofway and all other surveys The reference points shall be
located so that they will not be disturbed during any of Franchiseesoperations under
this Franchise The method of referencing monuments or other markers or points shall
be approved by the City before placement The replacement of all markers or
monuments disturbed during any construction of the Franchisee shall be made as
promptly as conditions permit The cost of monuments or markers lost destroyed or
disturbed and the expense or replacement with approved markers or monuments shall
be borne by the Franchisee
SECTION 23 RESERVATION OF RIGHTS
The City reserves the right upon thirty 30 days writtennotice to the Franchisee to
amend or modify the provisions or conditions of this Franchise to conform to any state
county federal or city statute ordinance rule or regulation The City may terminate
this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee
fails or refuses to comply with such amendment or modification
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City No assignment shall be effective unless an acceptance by the
assignee of all rights conditions terms provisions and responsibilities contained within
the Franchise as well as surety bonds whichthe City deems necessary to be posted
are received The Citys approval of the assignment may be made subject to the
assigneesacceptance of new or modified terms of the Franchise
Exhibit D
Resolution No 3644
Page 8 of 11
SECTION 25 PENAL TV FOR VIOLATION OF CONDITIONS
If the Franchiseefails to comply with any material term condition or responsibility under
this Franchise the City may provide the Franchisee with written notice of the Citys
intent to revokethe Franchise if the Franchisees failure is not cured within thirty 30
days of the date of the notice During the thirty 30 days following the date of the
notice the Franchisee shall have the opportunity to remedy the failure to comply A
public hearing shall be scheduled before the Pacific City Council atleast thirty 30 days
following the notification on the issue of the revocation If at the hearing the City
Council finds that grounds exist to revoke the Franchise underthis paragraph and that
the revocation is in the public interest the City Council may by Agreement revoke the
Franchise The revocation shall be effective ninety 90 days afterthe public hearing
SECTION 26 EXPIRATION AND RENEWAL
261 If the Franchisee requests a renewal of this Franchise prior to its
expiration date the City may at the Citys sole discretion extendthe term of this
Franchise for up to one year beyond the expiration date to allow for processing of the
renewal If the City elects to extend the term of this Franchise written notice of the
extension shall be provided to the Franchisee prior to the Franchise expiration date
262 If the Franchisee has not requested a renewal of this Franchise prior to
its expiration date the City has the right upon thirty 30 days prior notice to the
Franchisee to remove or relocate any of the FranchiseesFacilities as is reasonably
necessary for the publicshealth welfare or safety or for the construction alteration or
improvement of the Franchise Area or for the construction or installation of lines or
facilities of other franchise holders The Franchisee shall be liable for costs incurred in
any removal or relocation of the FranchiseesFacilities under this section
263 Upon the expiration of this Franchise the Franchisee shall continue to
be responsible for the operation and maintenance of the Franchiseesexisting facilities
in the Franchise Area but shall not have the right to provide additional services This
Section and Sections 111314151619 and 22 of this Franchise shall continue in
force until such time as the FranchiseesFacilities are removed from the Franchise
Area or abandoned in place with approval of the City
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and locallaws and
regulations including but not limited to the State Environmental Policy Act and the
Citys Environmental Standards and Ordinances
SECTION 28 NONDISCRIMINATIONCLAUSES
In all hiring or employment made possible or resulting from this Franchise there shall
be no discrimination against any employee or applicant for employment because of sex
sexual orientation age race color national origin marital status or the presence of any
Exhibit D
Resolution No 3644
Page 9 of 11
sensory mental or physical handicap unless based upon a bona fide occupation
qualification No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement
on the grounds of sex sexual orientation race color national origin age except
minimum age and retirement provisions marital status or the presence of any sensory
mental or physical handicap
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified
City ofPacific
City CommunityDevelopment Director
100 3rd Avenue SE
Pacific Washington 98047
2539291110
City of Auburn
City Engineer
25 West Main Street
Auburn WA 980014998
2539313010
SECTION 30 ATTORNEYS FEES
If either party commences litigation against the other party relating to the performance
or alleged breach of this Franchise the prevailing party shall be entitled to all costs
including reasonable attorneys fees incurred relating to such litigation including those
incurred in any appeal
SECTION 31 SEVERANCE
If any term provision condition or portion of this Franchise is held tobe invalid such
invalidity shall not affect the validity of the remaining portions of this Franchise which
shall continue in full force and effect unless the dominant purpose of the Franchise
wouldbe prevented or the public interest would no longer be served as determined by
the City
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five daysprior to its date of passage
and submitted to the city attorney and being approved by at least a majority of the
entire city council at a regular city council meeting shall take effect and be in force five
days after its passage approval and publication as required by law
SECTION 33 EXISTING UTILITIES
This Franchise shall govern Franchisees new and existing Facilitieswithinthe City of
Pacific
Exhibit D
Resolution No 3644
Page 10 of 11
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King Cou shington
CITY OF PACIFIC
King County Washington
tvJjjœ771HOWARDERICKSONMAYOR
1DateC I iJj
PETER B LEWIS MAYOR
—CT J —2003Date
ATTESTjATTEST
Danielle E Daskam CMC City Clerk
Exhibit D
Resolution No 3644
Page 11 of 11
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY HIGHWAY AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWESTCORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWESTCORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCENUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3
THENCE SOUTHALONG THE EAST LINE OF SAID GOVERNMENT LOTS3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINEPARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCENUMBER 319 AND ALONG SAID PARALLELLINE A DISTANCE OF1300
FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31
THENCE SOUTHALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCENUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 A DISTANCE OF 70
FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTHALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONGLAST SAID PARALLELLINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTHALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINEPARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASUREDALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAY
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLYALONGLAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEYHIGHWAY A STREET SE
THENCESOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
Exhibit D Attachment 1
Resolution No 3644
1 of 2
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFICORDINANCENUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM
THENCE SOUTH ALONG SAID LINECOMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCENUMBER 226 AND THE WESTLINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit D Attachment 1
Resolution No 3644
2of2
ATTACHMENT 2
PORTION OF A STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
IN THE NE QUARTER OF SECTION 36 TWP 21 N R 4E WM
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH
RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 1171 SAID CORNER BEING ON THE EAST
MARGINAL LINE OF THE EAST VALLEY HIGHWAY ALSO KNOWN AS STATE HIGHWAY NO5AND
AS A STREET SOUTHEAST
THENCE SOUTHWESTERLY 600 FEET MORE OR LESS ALONG SAID EAST MARGINAL LINE TO A
LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHTOFWAY FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE WESTERLY ALONG SAID PARALLELLINE TO THE WESTERLY RIGHTOFWAY LINE OF
SAID EAST VALLEYHIGHWAY A STREET SE
THENCE NORTHERLYALONG SAID WESTERLY RIGHTOFWAYLINE A DISTANCE OF 600 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN
ORDINANCE NUMBER 1171
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit D Attachment 2
Resolution No 3644
Page 1 of 1
Exhibit E
INTERLOCAL AGREEMENT
regarding the
PROPOSED VISTA HEIGHTSDEVELOPMENT AT LAKELAND
City of Pacific and City of Auburn
This Agreement is entered into between the City of Pacific a municipal corporation
under the laws of Washington State hereinafter referred to as Pacific and the City of
Auburn a municipal corporation formedunder the laws of Washington State hereinafter
referred to as Auburn
WHEREAS Pacific and Auburn have agreed that Auburn will assume SEPA lead
agency responsibilities for a proposed residential development known as Vista Heights
at Lakeland hereinafter referred to as the Development that is situated on adjoining
parcels one with tax identification number 3121059008 hereinafter referred to as Site
7 in Pacific and one with tax identification number 3121059006 hereinafter referred
to as Site 8 in Auburn and
WHEREAS Pacific and Auburn have agreed that Site 7 will be annexed into
Auburn and
WHEREAS Pacific and Auburn previously executed an Interlocal Agreement
dated July 24 2000 regarding Emergency Fire Flow Protection for Site 7 from Auburn
and domestic water service for Site 7 from Pacific and
WHEREAS upon completion of the Annexation Site 7 will be served with water
for domestic use and emergency fire flow protection by Auburn
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The Interlocal Agreement regarding Emergency Fire Flow Protection for the
Proposed Vista Heights Development At Lakeland City of Pacific and City ofAuburn is
superceded by this agreement
2 Pacific shall be responsible for collecting Auburnstraffic mitigation fee of 67771
per single family residential lot if building permits are issued by Pacific prior to the
completion of the annexation and the funds will be transmitted to Auburn
3 Auburn shall be responsible for collecting Pacificsparks mitigation fee of 60000
per singlefamily residential lot as authorized by applicable Pacific SEPA finding
Ordinance or Resolution if buildingpermits are issued by Auburn subsequent to the
completion of the annexation and the funds will be transmitted to Pacific
Exhibit E
Resolution No 3644
Page 1 of 2
4 Pacific shall be responsible for assisting Auburn in obtaining clear titleto the storm
water facilities and the underlying property that store and treat public storm water
5 Each participant to this Agreement shall indemnify and hold the other harmless from
and against any liability loss cost damage or expense of any kind and nature arising
out of injury to person or damage to property in any manner caused by the negligent
act or omission of the indemnifying individual participant tothis Agreement in the
performance of its work or execution of its obligations under theterms of this
Agreement Each participant tothis Agreement shall indemnify and hold the other
harmless from all damages which may occur as a result of any failure to comply with
the provisions of Chapter 8202 RCW or other applicable law
6 Should a dispute arise between the parties that cannot be resolved satisfactorily a
mediator mutuallyacceptable to the parties shallresolve the dispute through the use of
mediation at equal costto each party Should theParties not be able to satisfactorily
resolve the disputethrough mediation theforum for resolution shall be the King County
Superior Court The prevailingparty shall be entitled to attorney fees and costs
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF PACIFIC
King County Washington
l
PETER B LEWIS MAYOR tl d
H WARDRICKSON MAYOR
i J
Date C iJ tYI i ß3DateOCT2—2003
Jlruf
Danielle E Daskam CMC City Clerk
ATTESTATTEST
APP ED AS TPIt
Albert A Abuan City Attorney
Exhibit E
Resolution No 3644
Page 2 of 2
Return Address
City of Auburn
City Clerk
25 WestMain
Auburn WA 98001
Exhibit F
Above thisline reserved for recording information
BILL OF SALE
Reference if applicable
GrantorBorrower
GranteeAssigneeBeneficiary
Legal DescriptionlSTR
AssessorsTax Parcel ID
NA
City of Pacific
City of Anburn
SW Y 312105E
E 1 362104E
312105900790089016902590269027903690419044
9064906590669068
362104901890209044904590579059 9068
3621049018 9045
3354400680
to 21 rtvWT
WllosYI2
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
relocation of the water system Emergency Intertie Facility and for the consideration of
incorporating the facility into the City system and other good and sufficient consideration
receipt whereof is hereby acknowledged the undersigned Grantor City of Pacific a
Municipal Corporation in King County Washington does by these presents hereby convey
setover assign transfer and warrant to the City of Auburn a Municipal Corporation in
King County Washington
STREETS
Lakeland Hills Way
Lakeland Hills Way
East Valley Highway
Oravetz Rd
Oravetz Place SE
S 376th ST
775 LF of 72 foot wide ROW
725 LF of 60 foot wide ROW
2650 LF of 70 foot wide ROW
744 LF of60foot wide ROW
1030 LF of 10 wide ROW
120 LF of 30 foot wide ROW
Exhibit F
Resolution No 3644
Page 1 of3
STREETLIGHTS
Lakeland Hills Way
East Valley Highway
Oravetz Rd
WATER MAIN
Lakeland Hills Way
East Valley Highway
Oravetz Rd
Oravetz PlaceSE
7 each 400watt luminaire
4 each 250watt luminaire
6 each 400watt luminaire
4 each 250watt luminaire
I each ISOwatt luminaire
1650 LF of 12inchpipe
2000 LF of 12inchpipe
900 LF of 12inchpipe
1250 LF of 12inchpipe
PRESSURE REDUCING STATION
Lakeland Hills Way One Water Pressure Reducing Station
STORM SEWER
Lakeland Hills Way
East Valley Highway
Oravetz Rd
920 LF of 24inch 740 LF of 18inch
380 LF of 12inchstonn pipe
141 LF of 24inch 1405 LF of 12inch
37 LF of 8inch stonn pipe
900 LF of 24inch and 156 LF of 12inchstonn pipe
STORM DETENTION PONDS
Lakeland Hills Way Detention Pond 1 Detention Pond 2 and
130 LF of 24inchstonn pipe
BRIDGE
East Valley Highway White Stuck River Bridge
and all appurtenances or any other associated public facility as shown on the public facility
extension plans constructed by Public or Private entities associated with the Pacific
Annexation Situated within the following described real property
See ATTACHMENTS I and 2 ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF
and the said Grantor hereby warrants that it is the sole owner of all the property above
conveyed that it has full power to convey the same and that it will defend the title of the
said Grantee against any and all persons lawfully making claim thereto and indemnify the
City of Auburnfor any costs including Attorney fees in defending title
Exhibit F
Resolution No 3644
Page 2 of3
IN WITNESS WHEREOF the Grantor has executed these presents this 0 day
of ctDft 2003
bJ
Mayor
dkt I 2X
Date
VALASTOFtj10J
City Attorney
STATE OF WASHINGTON
ss
County of King
On this day of 0 tcD 2003 before me the undersigned a Notary
Public in a or theState of Washington personally appared fLoJtO S
D and iliMj 1 b¯to me known to be the
Mayor an City Clerk of the City of Pacific the municipal corporation of theState of
Washington in the forgoing instrument and acknowledged said instrument to be the free
and voluntary act and deed of said municipal corporation for the uses and purposes therein
mentioned and on oath stated that they are authorized to execute said instrument on behalf
of said municipal corporation
IN WITNESS WHEREOF I have hereto set my hand and affixed my official seal the date
hereinabove set forth
iM11AlA
A6rion1If
ExhibitF
Resolution No 3644
Page 3 00
tŁNtI IoPpo
Noary public anthe St of Washington
resdmg at M
My appointment expires 1
ATTACHMENT 1
PROPOSED ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY ROAD AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER
OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF
SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN
ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER
OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE
NORTHEAST CORNER OF SAID GOVERNMENT LOT 3
THENCE SOUTH ALONG THE EAST liNE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCENUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC
ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE
SOUTH LINE OF SAID GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY
OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC
BY CITY OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A
DISTANCE OF 1300 FEET MORE OR LESS TO THE WESTLINE OF SAID SECTION 31
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY
COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINEOF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS
ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFICORDINANCENUMBER 226 A
DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINEOF THE BURLINGTON
NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A
LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAIDSOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 36
Exhibit F Attachment I
Resolution No 3644
Page of2
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTHALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHTOF
WAY FROM THE NORTH LINEOF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLYALONGLAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE
OR LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEY HIGHWAY N STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAY LINE A DISTANCE OF 150 FEET
MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
THENCENORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE
OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCENUMBER 2271 AND THE CITY OF
PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINEOF THE
NORTHWEST QUARTER OF SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST
WM
THENCE SOUTHALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT
OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit F Attachment 1
Resolution No 3644
Page 2 02
p I¨I˜F ATTACHMENT 2
d
I
f
i
y
i
f
1 OOJHTYPIOOJHTY
SCALE I
j
500 t
Exhibit F Attachment 2
Resolution No 3644
Page 1 of 1
EXHIBIT G
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF PACIFIC FOR MAINTENANCE AND OPERATION
SERVICES ON A STREET SE
Pursuant to the Interlocal Cooperation Act codified as RCW 3934 this
Agreement is made and entered intothis day by and between the CITY OF AUBURN
hereafter called AUBURN and the CITY OF PACIFIC hereafter called PACIFIC to
provide Right of Way maintenance and operation services on A Street SE as legally
described on Attachment 1 and shown on Attachment 2
WHEREAS PACIFIC will not have the organization and personnel to provide
Right of Way maintenance and operation services at the stated location and
WHEREAS PACIFIC desires to provide quality maintenance and operation
activities for its Right of Way and
WHEREAS AUBURN is able to provide such maintenance and operation
services for PACIFIC and
WHEREAS it is for the public benefit that AUBURN and PACIFIC cooperate to
provide safe and effective maintenance and operation activities and
NOW THEREFORE AUBURN and PACIFIC hereby agree
Exhibit G
Resolution NO3644
Page 1 of 4
1 BASIC SERVICES
AUBURN will provide maintenance and operation activities at the area legal
activities described in Attachment 1 and shown on Attachment 2
A Locate underground facilities for utilities or other digging operations except the
Pacific waterlines
B Maintain public storm drainage facilities
C Maintain the existing street light system
D Maintain subgrade pavement and pavement markings
E Maintain signing per the Manual of Uniform Traffic Control Devices
2 AUBURN AND PACIFIC COORDINATION
AUBURN will identify a contact person to handle daytoday operational problems
related to the Basic Services PACIFIC will identify a contact person for the same
purposes Emergency work to protect the public safety will be handled as the
AUBURN contact person deems necessary
3 PERSONNEL AND EQUIPMENT
A AUBURN is acting herein as an independent contractor so that
1 Control of personnel standards of performance discipline and all other
aspects of performance shall be governed entirely by AUBURN
2 Except as described in Sections 3C below all persons rendering services
hereunder shall be for all purposes employees of AUBURN
B AUBURN shall furnish all personnel resources and materials deemed by
AUBURN as necessary to provide maintenance services as outlined in Section 1
above
C In the event AUBURN uses contract services to perform one or more of the Basic
Services for PACIFIC the appropriatesupervision and inspection of the
contractorswork will be performed by AUBURN
Exhibit G
Resolution No3644
Page 2 of 4
4 PACIFICS RESPONSIBLlTIES
In support of AUBURN providing services for PACIFIC in Sections 1 and 2 PACIFIC
shall
A Authorize AUBURN to perform maintenance services outlined in Section 1 within
the City Limits of PACIFIC for the purposes of carrying out this Agreement
B PACIFIC will adopt by reference all AUBURN codes necessary to provide
authority for AUBURN to perform service of this Agreement
5 INDEMNIFICATION
A In executing this Agreement AUBURN does not assume liability or responsibility
for or in any way release PACIFICsresponsibility or liability which arises in part
from the existence validity or effect of PACIFICsordinances rule or
regulations In any such cause claim suit action and administration proceeding
commences PACIFIC shall defend the same at its sole expense and if judgment
is entered or damages are awarded against PACIFIC AUBURN or both
PACIFIC shall satisfy the sam3e including chargeable costs and attorneysfees
B PACIFIC shall indemnify and hold harmless AUBURN and its officers agents
and employees from and against any and all claims actions suits liability loss
costs and expense and damages of any nature whatsoever which are caused
by or resultfrom a negligent act or omission of AUBURN its officers agents
and employees in performing services pursuant to this Agreement
6 NONDISCRIMINATION
AUBURN and PACIFIC certify that both agencies are equal opportunity employers
7 AUDITS AND INSPECTIONS
All records and documents with respect to this Agreement shall be subjected to
inspection review or audit by AUBURN or PACIFIC for the duration of this
Agreement
8 AMENDMENTS
The Agreement may be amended in writing at any time by mutual agreement of both
parties
Exhibit G
Resolution NO3644
Page 3 of 4
9 ENTIRE AGREEMENT
The two parties agree that this Agreement is a complete expression of theterms
hereto and any oral representations or understandings are not incorporated herein
10 AGREEMENT ADMINISTRATION
The parties shall appoint representatives to review Agreement performances and
resolve problems whichcannot be dealt with by PACIFIC and AUBURNscontact
persons
11 INVALID PROVISIONS
If any provision of this Agreement is held invalid the remainder of the Agreement
shall not be affected thereby if such remainder would then continue to serve the
purpose and objective of the parties
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
Ki unty ton CITY OF PACIFIC
King County Washington
Date —CTJ 0 1Y12lezIC71
HOWARD ERICKSON MAYOR
I c
Date CD el
ATTEST
ØJ1d
Danielle E Daskam CMC City Clerk
AP
Daniel B Heid City Attorney
AEDAS 950
4 IIl0vLtic
Albert A Abuan City Attorney
Exhibit G
Resolution NO3644
Page 4 of 4
ATTACHMENT 1
PORTION OF A STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
IN THE NE QUARTER OF SECTION 36 TWP 21 N R 4E WM
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH
RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCENUMBER 1171 SAID CORNER BEING ON THE EAST
MARGINAL LINE OF THE EAST VALLEY HIGHWAY ALSO KNOWN AS STATE HIGHWAY NO5AND
AS A STREET SOUTHEAST
THENCE SOUTHWESTERLY 600 FEET MORE OR LESS ALONG SAID EAST MARGINAL LINE TO A
LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHTOFWAY FROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE WESTERLY ALONG SAID PARALLELLINE TO THE WESTERLY RIGHTOFWAY LINEOF
SAID EAST VALLEYHIGHWAY fSTREET SE
THENCE NORTHERLY ALONG SAID WESTERLY RIGHTOFWAYLINE A DISTANCE OF 600 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN
ORDINANCE NUMBER 1171
THENCE EASTERLYALONG SAID SOUTH LINE TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit G Attachment 1
Resolution No 3644
Page 1 of 1
JIO0470 IIOIUOG4 IO—4JD
RIGHT F WAY
TO BE A NTAINE
BY AUB R
PACIFIC
3i
Ii
z AUBURNvSyV
100 200 ATTACHMENT 2
RIGHT OF WAY IN PACIFIC
TO BE MAINTAINED BY AUBURN
Exhibit G Attachment 2
Resolution 3644
Page 1 of 1
SCALE 1 200 Plotted MAY 2003
RESOLUTION NO 36 37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON SUPERCEDING RESOLUTION NO
3543 AND AUTHORIZING THE MAYOR TO EXECUTE A
TURNOUT CONSTRUCTION AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF TACOMA WATER
DIVISION
WHEREAS Auburn and Tacoma are responsible for operating and
maintaining public water systems in accordance with federal state and local
laws and regulations and
WHEREAS the parties recognize that water resources are finite and
vulnerable and the prudent use and management of these resources requires
cooperation among water utilities and
WHEREAS Auburn and Tacoma entered into a TurnoutConstruction
Agreement authorized by City of Auburn Resolution No 3543 datedNovember
18 2002 for the construction of one turnout and
WHEREAS Auburn and Tacoma have determined that it wouldbe
beneficial toconstruct two additional turnouts and
WHEREAS Auburn has water facilities in the vicinity of the Tacoma
Second Supply Project pipeline and Auburn will have an agreement with one or
more SSP Partner to purchase water that will be delivered via the SSP and
Resolution No 3637
August 28 2003
Page 1
pursuant to this agreement construction of the turnoutto the SSP is set forth
which turnout will be used for delivering and metering the purchased water and
WHEREAS this agreement will supercede the Turnout Construction
Agreement authorized by City of Auburn Resolution No 3543 datedNovember
18 2002
NOW THEREFORE THE CITYCOUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 This resolution shall supercede Resolution No 3543 and
authorizes the Mayor to execute the Turnout Construction Agreement between
the City and the City of Tacoma Water Division in substantial conformity with
the agreement attached hereto marked as Exhibit A and incorporated herein
by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 That this Resolution shall take effect andbe in full force
upon passage and signatures hereon
Resolution No 3637
August 28 2003
Page 2
Dated and Signed this
ATTEST
day offS003
CITY OF AUBURN
PETER B LEWIS
MAYOR
Daielle E Daskam
City Clerk
APPROVED ASTO FORM
City Attorney
Resolution No 3637
August 28 2003
Page 3
TURNOUT
CONSTRUCTION AGREEMENT
BETWEEN TACOMAWATER
AND CITY OF AUBURN
This agreement made and entered into this q day of c 2003 by and
between the City of Auburn hereinafter referred to as Auburn and City of Tacoma
Water Division dba Tacoma Water and hereinafter referred to as Tacoma
WITNESSETH THAT
A RECITALS
WHEREAS Auburn and Tacoma are responsible for operating and maintaining
public water systems in accordance with federal state and local laws and
regulations and
WHEREAS the parties recognize that water resources are finite and vulnerable
and the prudent use and management of these resources requires cooperation
among water utilities and
WHEREAS Auburn and Tacoma have previously entered into a Turnout
Construction Agreement authorized by City of Auburn Resolution No 3543
dated November 182002 for the construction of one turnout and
WHEREAS Auburn and Tacoma have determined that itwould be beneficial to
construct two additional turnouts and
WHEREAS Auburn has water facilities in the vicinity of the Tacoma Second
Supply Project SSP pipeline and Auburn will have an agreement with one or
more SSP Partner to purchase water that will bedelivered via the SSP and
pursuant to this agreement construction of the turnout to the SSP is set forth
which turnout will be used for delivering and metering the purchased water
NOW THEREFORE IT IS MUTUALLY AGREED as follows
Bo The Turnout Construction Agreement between Tacoma Water and City of Auburn
dated November 8 2002 and adopted by City of Auburn Resolution 3543 dated
November 182002 is hereby superceded by this Agreement
C DEFINITIONS
The definition of certain terms when used in this agreement are as follows
TURNOUT means a physical connection between water mains of the two parties
to this agreement at specifically identified points where water may be transferred
Exhibit 1
Auburn Resolution No 7
1
from the supplies of one system to the transmission or distribution facilities of the
other
ISOLATION VALVE means a positive shutoffvalve that shallbeinstalled
immediately downstream ofthe water meter vault at the point in each water
system that is used to accept or deliver water through the turnout The isolation
valve is defined as part of the system connected to the turnout and not part of the
turnout Each connected system has sole responsibility for providing and
operating their isolation valve
TURNOUT CAPACITY means the maximum flow capacity for water to be
delivered through a turnout as agreed upon by the parties to this agreement
Turnout facilities shallbe designed so as to be capable ofconveying no less than
the maximum agreed upon flow
SSP means the Second Supply Project to bring water to the SSP Partners
SSP ISOLATION VALVE means a positive shutoffvalve that shallbeinstalled
at the point in each water system that is used to accept or deliver water through
the turnout The SSP isolation valve is defined as part of the system connected to
the turnout upstream ofthe meter vault Each connected system has sole
responsibility for providing the SSP isolation valve Tacoma will be responsible
for operating the SSP isolation valve
SSP PARTNERS refers to the City of Kent Tacoma Water Covington Water
District and Lakehaven Utility District
PURCHASE OF WATER FOR THIS TURNOUT
The purchase ofwater to be delivered via this subject turnout shallbe by a
separate agreement with one or more of the SSP Partners and Auburn This
Turnout Construction Agreement does not guarantee any rights to use or purchase
water from any of the SSP Partners Tacoma will only allow Auburn its
successors and assigns to obtain water via the subject turnout after the applicable
SSP partner has advised Tacoma in writing that an acceptable agreement for water
purchase has been executed In delivering water via the subject tumouts Tacoma
will be relying on directions andor confirmation from the SSP partner as to the
timing and quantities of water deliveries and all other aspects of providing water
via the subject turnouts In the event of a disagreement between Auburn and the
applicable SSP Partner pertaining to entitlement to continued water delivery via
the subject turnouts Tacoma isentitled to rely on the written directions or
instructions ofthe SSP partner Therefore Auburn agrees that it shall not file any
claim or legal action against Tacoma when Tacomas actions are consistent with
the written directions or instructionsfrom the applicable SSP partner from which
Auburn has contractual arrangements to purchase water
Exhibit 1 2
Auburn Resolution No
E CONDITIONS
The TURNOUTS described in Exhibits A Bl B2 and B3 attached to
this agreement shall be governed by the terms of this agreement No
futureTURNOUTS shall be permissible without a subsequent and
separate written agreement between the parties
The cost of design and construction of the TURNOUTS and installation of
the meters shallbe the responsibility ofAuburn and the design and
construction shall be subject to Tacomas review inspection and approval
o By this agreement Auburn agrees that the ownership of the SSP
ISOLATION VALVES directly off of the SSP Project piping from the
SSP ISOLATION VALVES to the meters or spools the meters or spools
meter vaults pipe stubs out from the vaults and telemetry shallbe with
Tacoma see Exhibit A for more information with all capital costs to be
paid by Auburn Maintenance and operation ofthe SSP ISOLATION
VALVES piping and meters will be performed solely by Tacoma and
Aubum will beinvoiced for such costs and shall reimburse Tacoma
Meter vault maintenance costs and any cost for maintaining any
equipment such as pumps buildings and other appurtenances downstream
of the meter shall also be the responsibility of Auburn In addition in the
event any of the facilities require replacement or upgrading this cost is
Auburns responsibility In the event that access or other permits are
necessary for Tacoma to operate and maintain the subject facilities
Auburn shall provide the necessary permits which shall also become an
exhibit to this agreement See Exhibit A for a planshowing the facilities
and the responsibility of the parties
Upon completion of the construction of the Tumouts Tacoma will own
the meters and associated appurtenances necessary to monitor use of the
turnouts
Se Auburn shall comply with all applicable laws and requirements including
City of Tacoma ordinancesresolutions and Customer Service Policies
andor other rules applicable to aconnection to Tacomas water system
including but not limited to the requirements that Tacoma provide written
approval ofplans and specifications for the connection of turnout facilities
prior to construction
o Auburn agrees that it shallmake payment of all invoices for services and
charges from Tacoma within 45 days ofthe invoice date Late payment
shall result in a late payment charge of 1 on the unpaid balance and
failure to pay any invoice or bill related to this agreement within 60 days
of mailing may result in Tacomas termination of water service at the
turnout
Exhibit 1
Auburn Resolution No
3
Notices should be sent to Auburn and to Tacoma at the following
addresses
Water Superintendent
Tacoma Water
P O Box 11007
Tacoma WA 98411
o
10
11
Public Works Director
City of Auburn
25 West Main
Auburn WA 980014998
Neither this Agreement nor any right or privilege hereinshall be assigned
by any party without the written consent of the other parties
Uncontrollable forces or state or federallaw changes may occur during the
time this Agreement is in place Neither of the parties hereto shallbe
considered to be in default in respect to any obligations hereunder if
prevented from fulfilling such obligations by reason or uncontrollable
forces or material changes in state or federallaw or enforcement thereof
Parties rendered unable to fulfill any obligation hereunder by reason of an
uncontrollable force or material change in state or federallaw shall
exercise due diligence to deal with such uncontrollable force with all
reasonable dispatch and to take actions consistent with the purpose of this
agreement
This Agreement describes the entire relationship of the parties with regard
to the subject matter herein concerned Except as maybe explicitly
provided otherwise herein the parties are independent agencies and shall
not be deemed to be partners joint ventures principals or agents or each
other for any purpose whatsoever Each party shall have and maintain
sole and complete control over all of its employees agents and operations
Except as may otherwise be explicitly provided herein or in separate
agreement eachand all of the obligations responsibilities and liabilities
of the parties under and in connection with this Agreement are several
and not joint and no separate legal or administrative entity will be created
to fulfill the purposes of this Agreement
Except as expressly set forth in this Agreement none of the provisions of
this Agreement shall inure to the benefit or be enforceable by any third
party
Exhibit 1
Auburn Resolution No
4
12 The invalidity or unenforceability of any provision of this Agreement shall
not affect the other provisions hereof and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions
were omitted
13 No change amendment or modification or any provision of this
Agreement shallbe valid unless set forth in a written amendment to this
Agreement signed by all parties
14 The SSP Partners must approve this Agreement
IN WITNESS WHEREOF the following parties have duly executed this
agreement on the date written above
City of Tacoma
Department of Public Utilities
Water Division
legality
City of Auburn
Title fi
Approved by the SSP Project Partners at their Project Committee meeting held on
September 12 2003
Exhibit 1 5
Auburn Resolution No
EXItIBIT A
TURNOUT DESCRIPTION
Co
TURNOUT 1 A tumout between a 60 diameter water line owned by Tacoma
and a 16 diameter water line containing Auburn water The turnout is located at
the intersection of 132nd Avenue SE and SE 296th Street extended The turnout
consists of 12 diameter piping with 12 diameter valves to control flow A 6
inch diameter water meter will be used to measure the volume of water
transferred between the two systems The meter will be contained in a concrete
vault buffed in the Second Supply Pipeline rightofway Second SupplyPipeline
construction drawings 151962 and 151969 are attached and show the detail for
the turnout vault construction
The turnout is designed to be capable of conveying at least 3000 gallons per
minutefrom Tacoma owned facilities to Auburn with approximately 125foot
differential in hydrostatic pressure under normal operating conditions
TURNOUT 2 A 12inchturnout connection located on the east side of B Street
NW and approximately 32nd Street NW between Tacomas 60diameter Second
Supply Pipeline and Auburns 16 diameter water line in B Street An 8inch
diameter water meter will be used to measure the volume of water transferred
between the two systems Second Supply Pipeline construction drawings 1525
29 and 152162are attached and show the details for the turnout vault
construction
The turnout is designed to be capable of conveying at least 8300 gallons per
minute from Tacoma owned facilities to Auburn with approximately 405foot
differential in hydrostatic pressure under normal operating conditions
TURNOUT 3 A 12inchturnout connection located at approximately K Street
NE and approximately 32na Street NE between Tacomas 60 diameter Second
Supply Pipeline and Auburns adjacent water line An 8inch diameter water
meter will be used to measure the volume of water transferred between the two
systems Second Supply Pipeline construction drawings 152529and 152166
are attached and show the details for the turnout vault construction
The turnout is designed to be capable of conveying at least 8300 gallons per
minutefrom Tacoma owned facilities to Auburn with approximately 405foot
differential in hydrostatic pressure under normal operating conditions
Exhibit 1 6
Auburn Resolution No
3AV pu l
I
I
m m m lm mm mm mm mm m
m m I Ii m m m m m
OOT
Exhibit B1
General Vicinity Map of Tumout 1 Facilities
SSP construction drawing 151923
Exhibit 1
Auburn Resolution No
7
I II
Exhibit B2
General Vicinity Map of Turnout 2 Facilities
SSP construction drawing 152162
Exhibit 1
Auburn Resolution No
8
o
I
I
I
I I
II
I I
I
Exhibit B3
General Vicinity Map of Turnout 3 Facilities
SSP construction drawing 152166
Exhibit 1
Auburn Resolution No
9