The URL can be used to link to this page

Home My WebLink About5588 ORDINANCE No.5 5 8 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ACCEPTING OWNERSHIP OF THE VETERANS MEMORIAL, LOCATED IN VETERANS MEMORIAL PARK, AUBURN, WASHINGTON, AS AGREED TO IN RESOLUTION NO. 3166, DATED FEBRUARY 7,2000. WHEREAS, the Auburn Veterans Memorial Committee saw the need, and desired, to construct a memorial to Auburn area Veterans; and WHEREAS, the Auburn Veterans Memorial Committee and other citizens of the community worked to raise funds for the construction of a memorial located at Auburn's Veterans Memorial Park; and WHEREAS, the business community, local architects and engineers, and several local contractors donated their time or worked for a reduced fee to ensure the completion of the memorial; and WHEREAS, the City of Auburn passed Resolution No. 3166, executed by the Mayor on February 7, 2000, stating that upon completion of construction in accordance with the plans and specifications, the Auburn Veterans Memorial Committee desired, and the City of Auburn agrees, that the City will take over ownership and maintenance of the Memorial; and WHEREAS, acceptance of the Auburn Veterans Memorial honors the Veterans who have served their country and serves a public purpose and is a benefit to the citizens of Auburn; and Ordinance No. 5588 September 10, 200] Page 1 WHEREAS, the construction of the Memorial is completed, is paid for in full, and is constructed as stated in Resolution No. 3166, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. Purpose. Pursuant to Chapter 35A 11.040 RCW, the City Council hereby approves the acceptance of ownership and maintenance for the completed Veterans Memorial. Section 2. Implementation. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute an Agreement to accept the memorial and provide the maintenance as stated in Exhibit A of Resolution 3166, which is attached and designated Exhibit A and incorporated herein by this reference Section 3. Effective Date. 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: September 17, 2001 PASSED: September 17, 2001 APPROVED: September 17, 2001 ~ R. IdaYtt? CHARLES A. BOOTH MAYOR Ordinance No. 5588 September 10,2001 Page 2 ATTEST: ~~~ Danielle E. Daskam City Clerk APPROVED AS TO FORM: cµz£ (//;~ØffP') £'41 a 4?f t<-- . /Michael J. Reynolds ¡ II City Attorney Published: 1- :;</-0 I Ordinance No. 5588 September 10, 2001 Page 3 RESOLUTION NO. 3 1 6 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE AUBURN VETERANS MEMORIAL COMMITTEE CONCERNING THE CONSTRUCTION, LIABILITY AND TRANSFER OF MEMORIAL FOR VETERANS TO BE CONSTRUCTED IN CITY PARK. WHEREAS, the Auburn's Veterans Memorial Committee desires to construct a Memorial for Veterans in City Park; and WHEREAS, the construction is to be in accordance with the plans submitted attached as Exhibit "1", and WHEREAS, upon the completion of construction in accordance with the plans and specifications the Auburn Veterans Memorial Committee desires, and the City of Auburn agrees, to take over the ownership and maintenance of the Memorial; and WHEREAS, the construction of the Veterans Memorial and City Park honors the Veterans who have served their Country which is in the benefit of Public Health Safety and Welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: -------------------------- Resolution 3166 February 7, 2000 Page 1 Ordinance 5588 'Exhibit A --- ~-- Section 1. The Mayor and City Clerk are authorized to execute the Agreement between the City and the Auburn Veterans Memorial Committee attached hereto and incorporated by reference as Exhibit "A". Section 2. If any provision of this Resolution, or its Exhibits incorporated by, are determined to be invalid or unenforceable for any reason, such contents shall not affect the remaining portions of this Resolution and the Agreement attached hereto shall remain enforce and effect. Section 3. 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 f Day of February, 2000. CITY OF AUBURN ~~. [~cc~ CHARLES A. BOOTH MAYOR -------------------------- Resolution 3 166 January 28, 2000 Page 2 Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 2 of 17 ATTEST: ¡¿æM~ Da . lie E. Daskam, City Clerk APPROVED AS TO FORM: -------------------------- Resolution 3166 January 28, 2000 Page 3 Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6,2001 Page 3 of 17 . . Return Address Auburn City Clerk City of Auburn 25 West Main St Auburn, WA 98001 III IIII III ·200 0 8 019 =ri,"Tij4M :11 . n",~~'~ RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein) 5 .3/ (p~ ~1 en ·A e~ .. .. .... ... - ~ Reference Number(s) of Documents assigned or released .FLeD I!SY PNWT Q (JAddmonal reference #'5 on page _ of document . (9) W 3"" ) - e U"') C:) ;:;; Grantor(s) (Last name fIrst, then first name and initials)· ~ 1 City of Auburn I~I Grantee: (Last name first) 1 Auburn's Veterans Memonal Commrteee Legal Description (abbreviated I e let, block, plat or section, tOwnShip, range) NW ~ Section 18, Township 21 N, Range 5 E, W M J AddmonallegallS on page· of the document Asse..or'. Property Tax ParceUAccount Number: 112(., "',.,. , /e11 for NCOrd br PecdIc North.-eo,t r.,,- " ~-......,. 0I'Iy It hM l/Of ~I -_.w .. to proper execution or .ao..~ ... o Asseuot' Tu ø not yet "'10* Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 4 of 17 . . AGREEMENT BETWEEN CITY OF AUBURN AND THE AUBURN VETERANS MEMORIAL COMMITTEE ON CONSTRUCTION OF A VETERANS MEMORIAL IN CITY PARK THIS AGREEMENT made and entered mto this '1 ~ day of February, 2000, by and between the CITY OF AUBURN, a MUnicipal Corporation In King County. Washington, hereinafter referred to as "CITY" and with Auburn Veterans Memorial Committee, a nonprofit corporation, hereinafter referred to as "MEMORIAL COMMITTEE" WHEREAS, the MEMORIAL COMMITIEE comprises of volunteers who u:::I r.n CI"t . have organIzed themselves as a nonprofit corporation In the State of Washington for the purposes of constructing a Veterans Memorial In City Park, C) c.:I CI"'I . City of Auburn WHEREAS, a plan for said memonal to be constructed IS attached to this Agreement and IS designated as Attachment "1" and made a part herein C' r.n ~ C':) c:- c::t ~ WHEREAS, the MEMORIAL COMMITTEE agrees that the facIlity IS to be constructed by a pnvate contractor In accordance to CITY standards. as set forth In Agreement for Developer Public FacIlity Extension, Number FACOO- 0004, attached and designated as Attachment "2" to this Agreement, and made a part hereIn --- . Auburns Veterans Memorial Committee Agreement - Resolution 3166 Exhibit A January 28. 2000 Page 1 Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 5 of 17 .6Q U"t en - c C2 G:J . . 1 All materials shall be pre-approved by the CITY bUilding official 2 Upon CompletIon of the Memorial. as set forth In Attachment "2", the Memorial shall become the property of the CITY 3 The MEMORiAl COMMITTEE agrees to provide all construction, . including labor and matenal,JolJhemMemorlal and hold the CITY harmless therefrom, Including any ~ttorney fees and costs 4 The MEMORIAL COMMITTEE shall Inform the contractor, subcontractors, or any personnelrnvolved I that the Memorial IS a project of the MEMORIAL COMMITTEE, a nonprofit corporation, and not a ~~---~-pubhcworksproJects;-andm so dOing shall mform any and all persons that may have a claim In terms of a hen claim, claim against retamage and/or bond. that they are not entitled to such claim on this specific prOject and shall Indemnify and hold the CITY harmless ~ U"t c:t 5 The CITY agrees to provide power to the construction site dUring ~ ---------canstructJon--------~· c r.: 6 The CITY agrees to remove two (2) trees and stumps located within the footprint af the proposed structure Auburns Veterans MemorlSl Committee Agreement - Resolubon 3166 ExhibIt A January 28, 2000 Page 2 Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6,2001 Page 6 of 17 \Ø U"1 en - c:::. c.:. co = I.t'1 = = Co:) Q C"ooI . . 7 The CITY agrees. upon the completion of the proJect, to construct sidewalks and a handicap ramp connected to the eXisting parking lot and the sidewalk to the structure 8 The CITY agrees to restore the grounds disturbed around the structure durmg the construction 9 Upon completion of the structure the CITY shall assume all maintenance on the facIlity 10 The MEMORIAL COMMITTEE agrees to provide an Insurance· policy for a minImum of $1,000,000 (One Million and No/100s Dollars) for any losses, including but not limited to, liability In the construction of the prOject and until fmal complebon and tendered to the CITY, and shall cause the CITY to be named as an additional Insured 11 Ar\y provIsions and agreements determined to be invalid and unenforceable shall not affect all remaining provIsions and they shall - --remain In enforce-and In effècr--- 12 The estimated costs to the CITY for construction assistance and administering this project IS Twenty Thousand and No/100s Dollars ($20,000) --- Auburns Veterans Memorial Committee Agreement - ResolutIOn 3166 Exhibit A January 28. 2000 Page 3 Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 7 of 17 . . DATED and SIGNED this 1 ~ of February, 2000 ATTEST CITY OF AUBURN ~J.. ~~.:re CHARLES A BOOTH, MAYOR 1)aM!~ Dantelle E Daskam, ~ City Clerk IS') C71 - C) C) co C) IJ"I C) -c::I ~ c::I c-.... APPROVED AS TO FORM ~~ Michael J Reynolds, CIty Attorney. ------- Auburns Veterans Memonal CommIttee Agreement - Resoluuon 3166 Exhibit A January 28, 2000 Page 4 Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 8 oft7 (¡¡¡¿Pm (". ¿.v'"~ ILlIAM C WARREN AUBURN VETERAN'S MEMORIAL COMMITTEE c.CI IJ"I en . .- C) Co;) en c;::, IJ"I C C":J C.;J ~~ co.... . . Attachment 2 CITY OF AUBURN AGREEMENT for DEVELOPER PUBLIC FACILITY EXTENSION --_._-------~_.__.__._-_._----~-~--~_._...._-_._. .---..-.......--...--.---.-----...-.---.--- Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 9 of 17 ID ~ c:rt - C) C~ ~ C"I U"J C";J ~ , -J , ~ c-... . . AGREEMENT for DEVELOPER PUBLIC FACILITY EXTENSION FACILITY EXTENSION NUMBER: FACOO-0004 The City of Auburn, heremafter referred to as the "Cuy", and Auburn Veterans ~cmorJal CommIttee, hereinafter referred to as the "Owner", hereby enter mto thIs Developer Pubhc Faclhty ExtensIon Agreement. heremafter referred to as the "Agreement", and make the fol1owmg expressed mutual promIses and covenant!! regardmg the Owner'c; propo!lcd Developer Public Faclltty ExtensIon, hereInafter referred to as the "ExtensIon (s)", wherein the City agrees to ,u.~cpl the 1:.x.lensJOn (!I) tor operation and mamtenance and plovlde a taclllty connection (s) to the proposed ExtenSIon (s) If the Owner, at the Owner's expense. desIgns, consuuct~. convey.. and transfers saId ExtensIOn (s) to the City pursuant to the tenm and conditions ofthlC¡ Agreement Thl~ Agreement IS valid and bmdmg for the ExtensIon (c¡) de~lgncucd 111 the Scope ot WOlk d~ Incorporated on the approved plans and summarized belo", FacIlity ExtensIon (5) Summa'Y A memonal to be constructed as depIcted In Exhibit "}" of City Council R~..o]lItlon Numbel 3166 -------------------. Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6,2001 Page 10 of 17 t.O 10M en - C:I C) Q:) C) ~ «::) C:-~ (,:J CJ ('... . . I CASH DEPOSIT provIsIons ofsectJon waived II CONSTRUCTION PLANS BtfOI e 01 ~Imultaneous wIth the cxccuuon of thlb Ag\ eement. the Owner ~hcln ~ubmlt plans desIgned by a protèsslOnal c:ngmeer registered m the State of Washmgton to the CIty fOI revIew and approval Plnn~ "h.ll1 cont"," all ,"form.ttlon required for Exten!llOn conc¡tructlon, and ~hàll ,"omply with City de'>lgn standards and construction specificatIOns as of the datc of the execution of this Aglt~cmcnt Plans shãll be updated and revIsed durmg construction to I eflect major change~ cauc¡ed by field conditIone¡ or levlsed development plopo:.c\b Plan.... update,>. .lOd ICVI.,lon... ..hJII II1ÙI~.ll1: ell! .....1\1\,11 Y :.~wel. ~tOl m dr dlnclge. wdtel utlhu~,>. clnd U.ìn1>pOlldtlOn tdcllltJc~ dC:'lgncd In comphelncc \\ Ith CIty requlremen~ AddItIonal report!l. desIgn calculations. surveys. .md applicable !lupporung dcita shall be submItted to the CIty as requested Con~tructlon plans that are generated In a computer-aIded drafting/desIgn system shdll be developed In an clectronlc fonnat acceptable to the CIty For extensIons that mclude con!:>tructlon wlthm an eXIsting. developed rlght-ot-way. the City shdll determme a reasonable tllTlC flame In which the Owner wIll complete nil work wlthm the nght-of-way. mcludmg final de.m up An estImated constructIon period for such work shall be deslgndled 111 calendal days and wIll be determIned dt the pre-con:.tructlon contclcnce The .1UthoIILcd con:.lJ uctlon period c¡hall start when work tirst begins wIthin the Ilght-ol-way If the requIred work IS not completed wlthm the allotted time. the City II) authonzed to I)uc;pend all Extension-related worked and place a claIm against the Perfonnance Bond After a CIty reView, all plans shall be resubmitted to the City wlthm 60 days of the date the plans \\CIC IClllll1cd to the Owncl'~ engmccl fOI leVISlon If the plan!l arc not ~ubmuted wlthm 60 day&. the City may revlcw and adjust the cash deposIt amount 11 etthC:I pl.1Il1 eVICW or conc¡tructlon elc!Jvltle~ becon1c inactive on the O.....ner's pelrt tor d pellod of Ix-month~, the CIty Oldy requIre the plans be revled to conform to c:xl:.tmg field condltlon~. or to meet current CIty desIgn standards and regulations The City may also reqUire the execution of a new Agreement., In which case, tblc; Agreement shall become null.md vOId When the plan reView process IS completed and City development regulatIons and requirement!:> contaIned In thl~ Agreement are met. the City Engmeer shall approve the Exten<,lon plan~ for con~tructlon III. RIGHTS-OF-WA Y prOVISions ot'¡,ectlon waived IV PAYBACK AGREEMENT prOVl!llOnS of !lectlon waIved ---------.------...---------...---....- Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6,2001 Page 11 of 17 '-0 I.,n '7) .:;) ., ) u:t ..n , C71 ., .- , c= c= co C) W"') C) C) C c:::> C"l . . V PERFORMANCE BO~D provlslon~ of section w,uved VI INSt:RANCE Thl oughout the period of pertormance ot thl!l Agreement tor all construction I el.Ut:d dctlVltlC', the Ownel 01 C'ontlc1ctOl !lhall carry and mamtaln commercIal generalltablltty In')ulance with hmlts of not less than $1,000.000 per occurrence for bodtly inJury, Includmg death. and S 1.000.000 per occurrence for property damage or, alternatively, one million ($1.000.000) per occurrence combmed c;mgle hmlt for bodily injury and property damage combined . ThIS Insurance shall be In a fonn and with an m~urer acceptable to the CIty. and !lha!! cont.1111 coverdge for all premises and operation. broad forn, property damage. contractu.,l hdblllty (mcludlng without limitation that specifically mentIoned In the Agreement. and product~ and contemplated operations Insurance ThIS msurance shall mclude explosIon. collapse. underground excavatmn. or lateral support Any polley 01 policle!l that provides the Insurance requIred 10 this Agreement shall r.ame the CIty as an addItIonal Insured to the extent of the contractual obligations set forth here I f the COnlJ,lClOl .1" thc Agcnt of the Ownel. provlde~. the IcqUlrcå Insurance. then ,>uch I·n.,urnnce .,hall name both the Owner and the CIty as additIonal Jn~urcd Before the begmnmg of the performance penod under this Agreement. the Owner 'ihall provIde tOl <. Il)' IC\ IC\\ :lI1d approval. a celtlticatc of ,"~urancc reflecung tull comphdncc \\ Ith the requllements set forth In this Agreement The certIficate shall be kept current and In compliance throughout the perfornlance penod until final acceptance by the City (and for two years thereafter for products and contemplated operdtlons hab1l1ty). and shall provide for 30 days advance wntten notice to the City If cancellation or matenal change advc~cly atli:ct the mterests ot the CIty Throughout the performance penod of the A¡''Teement, the Owner shall cover or mamtam II1~UJclnce In compll.mce with the applicable worker's compensation laws. wIth re<;pect to .111 of It~ le~pectJve cmploycc~ workmg on or about the faclltty sIte. regardles~ of whether ~uch coverage or Insurance IS mandatory or merely elective under the law VII. JNDEMNJFICA TION The Owner shall defend and hold hannless the City, Its elected and apPoInted official!!, employees. and agents from any actions, causes of action. hablhtles. clalm~, ~ulb Judgments. hcn,>, .1V.dld~. demund!l and ddmdgcs, of .my kmd meludmg. tOI property dc1n1dge. pc:r:.on.lI inJury, or death (mcludmg any claIms brought by employees of the Contractor or any subcontractor) The CIty shall be held hannless for all expense~. costs of htlgdtJon, dOd I eac;onable attorney's fec!I. expert witness fees, and costs of services of engmeermg and other pC=I~onnd I elated to any ,>uch action. or incIdent to t;:~t.ibh~hmg thc lIght to mdemmtkdtlOn. to ..---..---.-..---........---..-.-.---- Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6,2001 Page 12 oft 7 . . the extent ~uch claIms arise from any neghgent act or omIssIon or wI\1ful mIsconduct of the Owner. Contractor. any subcontractor. or theIr employees. ansmg out of or In any way related to thelT performance of the Agreement. mcludmg wIthout hmltatlon the prOVISion ofseTVIccs. personnel. facllltle~. equIpment. suppon. supervl~lon. or review-, The Owner expre~sly Wal"CS any Immumty under rndustrlal ¡nc;urance. whether arISing from RCW Title 51 entitled "JndustTlalln~urance" or any other statute or source solely for the benefit of the CIty and solely to the extent of the mdemmty set fonh 10 thJ'i Agreement The Owner shaH, elt the City's request, furnIsh comprehensJ'l,'c evidence that all obhgauonc¡ of the n.1ture de<¡Lgnat~~-,~~thl<¡ ~greement have been pald.dlscharged. or waived VIII. CONSTRUCTION <¡clect provIsions of scenon waIved After the plans are approved, a pre-constructton conference shall be held between the Owner's, ( ontr.lCIOr and Ctry ~taft· before constnlctlon can begin The followmg apphcable Items shall be satisfied before a Notice to Proceed will be 1!....ued to the Contractor 4,Q A U'") en - c c:;:) B co c::J <- Ln 0 ~ :ê 0 No ~ E c.. r C"" r Proof ot Insûrance nammg the Cay (and Owner LfContractor ~upp\¡e~ Insurance) as an addItional msured (see SectIon VI herem) A notanzed copy of the Contractor'c; tabor & Induc;try hcensc Bu~mes~ Icglsuatlon with the City fOI all contractol~ and .,lIbcontrolctol.. v.hen workmg wlthm the CIty limits A Contractor and subcontractorfl call Itst The Contlactorl~ expenence record covermg the pa~t five YCdrc¡ for proJccb ~Imllal Ih sIze. ~cope. and dJf1iculty as the proposed IInprovemcnt~. Ifrcque~tcd by the C It)' ~-- --..----- ---~ ._--- --,--- ."--- FOI work ollt'\ldc of Auburn'c¡ CIty Im1It'l. adequate COllnty pernllt'\/applo\c1I.. mu~[ be sau~tied The Cny will d.pply for Rlght-ot-wcl.Y pcmHt once pldn!:! are approved The City shall provide pan-tIme inspectIon of the ExtensIon whIle under construction to ao;slst the Owner In complymg wnh the City desIgn standards and constructIon speCIficatIOn'! The Cay shaH also assIst the Owner m complymg wIth the present City rules. regulatIons, and resolut1ons and the tenns of thIs Agreement ThIs assIstance does not relieve the Owner of responslblltty for complymg with the plans. specIfications. or term'! of thl" Agreement. or any I uJe~ clnd regulations 'mpo~cd b>' the CIty. County, or other agenclc'! ----.-.----..---..----.......-.- Ordinance 5588 ~ Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 13 oft7 . . All construction performed by the Owner shalt be In comphance with CIty construction specificatIons and design standards The Owner shall be responsible for acquJTlng these Stand¡lId Spc\.ltic.Jtlon~ .md hdvlng d copy on··me dUring constructIon The Owncl .Igrt:t:., to comply with all State, County, dod City rt:gulatJons applu:.Jblt: to the Owner while construction IS In progress 111 pubhc nght~-of-way . The Owner agrees to gtve the City 24·hours nohce before begmmng any con...tructJon All nt:W pavement patches must be· completed wIthin 30 days of the ongmal excaVcltJon unler;s the CIty agrees otherwise If a new patch IS not completed wlthm 30 dayr;, the Owner agree~ that the City may hITe an mdependent contractor to complete the necessary work and bIll the Owner tor the Jctudl cost') mcutTed The Owner ~hall restore to City standard!o all pavement cut~ made pursuant to the construction of the Exten'ilOn before the City òccepts the extension CoD U"') en 0p- e C) CICI The City has the authority to decide all qµestlons regarding the quahty and acceptabIlity of the l11ðten.lIs fuml!ohcd and of the work performed for the construction of the Improvements The CIty sh.lIl also have the authonty to suspend construction work. In whole or pdrt. for the fà"ure of the Owner/Contractor to carry out the work 10 conformance wIth City devclopment regulations, City constructIon standards. and approved plans, to cotTect conditions unsafe for the work, WOI kel1l. 01 lhe general public. for unsUitable weather or other conditIOn!> which the City consIders unsUitable for the construction work. or fOI any other condition or reason the City deem-ì to be In the pubhc Interest c:::) U"') c::» The City shaH approve the construction of the ExtensIon c::» c c:;) C'I The Owner's contractor shall make a written request to the CIty a minimum or72 houro; In advance when work IS to be perfonned on Saturdays. Sundays. Hohday'>. or other than normal \\olkmg hOUI,> Wllttcn perml~!olon from the City ~hall be lequlled bdolc the (.onlldctol l!o allowed to work dUring any such requested hours Approval of the contractor's requc!>t shall be dependent on the CIty'S ablltty to provIde adequate construction project momtonng dUring the requested hme IX. ACCEPTANCE OF EXTENSION FOR OPERATION AND OWNERSHIP !>elect pi o'v l!olons of section waived The City clglCC~ to accept the Exten&lon for operatIon and ownership upon dpproval of the construction of the ExtensIOn and the full comphancc of the terms and condition.. ofthl!o Agreement. Includmg the followmg requirements A Bill of Sale (r;ee Section XI herem) B Record con~tructton drawmgs and reports (~ee SectIon XII herem) <.. Utility easemenß (..ecSecuon XIII hcrem) Upon approval and acceptance. the City c¡hall send a letter to the Owner accepting the ...ystem tor ownership and operation ...-.-.-....-.--.-.-.-.---.-.....-. Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 14 of 17 C) C) C) c-... . . x. MAINTENANCE BOND provIsions of section waived XI. BILL OF SALE Before the City accepts the Exten<ilon for operation and ownershIp, the Owner agree<i to execute an approved 8111 of Sale (the City wIll prepare thIs document, once mfonnatlon 15 Iccclved, for Owner's sIgnature) for the Improvements that are to be dedIcated to the CIty The B111 of Sale WIll provIde for the transfer ofutle of the ExtensIOn from the Owner to the CIty and wIll funher mdude the followmg Items 4.Q ~ en - Q c.:J co Q ~ C) Xli. A The O\\'ner IS the lawful owner of the ExtensIon and It IS free from .\11 encumbrance~ B The Owner has paid all bIlls for all labor and matenal used durtng con~truct1on of the Exten'Mn or has obtamed hen wavers from all per!>on.. who have not been paid for theIr labor or matenal c The Owner has the rIght to tran~fer the Extension and will warrant and ddcnd the same against lawful claIms and demands of all pe~ons for one year r. om the date the B/II of Sale /s accepted by the CIty D The Owner will gromt the ExtenSIon to the City for the con~lderauon of incorporating the Extens10n Into the CIty system RECORD CONSTRUCTION DOCUME~TS Befolc the CIty accepts the Extension for operation and ownership, the Owner agree~ to provide the Cny WIth cenlfied record construction dr.1wmgs and related electromc tile mformatlon Th\!...~ dIJ\\lI1g~ mw,t clt.curdtely lenect all field de:-'Ign reVlSlon~ made to the Ex[cn:,lon dunng the con~tructton process In conformance wIth the Cuy's record conbtructlon drawmg requirements clvallable upon request from the City All required record drawmg mformatlon shall be clearly c;hown on the ongllial design mylar drawmgs (and In the electronic drawIng me If apphcable) approved for con<¡tructlon by the City A certified and updated storm drcunage ·report wIll also be reqUIred Record constructIon document requlrementc; are avaIlable upon leque~t from the Pubhc Work!! Depanment XIII. UTILITY EASEME~TS prOVISIons of section waIved XIV. SERVICE CONNECTIONS proVISions of sectIon waived XV ATIORNEY FEES prOV1SIOn!l of section waived .. ............-----........ ..---.........---.....-- Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 15 of17 . . SIGNA TORY DATED thIS 1';:!t d'YO(~ .20.1,) CITY OF AUBUR~ ~A.. f?,~.i€ CHARLES A BOOTH MA VOR A TrEST c.c Lon ~ ~~t~ en Dclmelle E Da!lkdm. C) CIIY CI~Jl~ U"I C':I ~ APPROVED AS TO FORM ~ ßJ¡lg~ M1chucl J Rcynold~. Cny Attorney -------..------.---.-.----------------- Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6,2001 Page 16 oft7 . . SIGNATORY .. CORPORATE ¡'It::- --;- / DATED thIs I' dayofY~N<1 .2OCG1 I ;r;;' ¿d~~ . ,tM)jf;t· ~ Secretary CoD U"') en ..- C) c,.:) CIO STATE OF WASHINGTON) )s~ County ofKmg ) 1 certify that J know or have satisfactory eVidence that tJ It U {II{ e. kJ4,....CI\ y-7ÁM1" s fI ~Þ1t1Ptt;- I'> the person who appeared before me, and saId pClson acknowledged that helshe sIgned thl' m~trument, on oath stat that he/she was uthonz d to execute the tn'\trymcrnt and, J~nowledged)t JS the I r~ ':>t d~,tIT tt , of tJ..¡Ahw II If., f"#""¥I,, .. 11, þLlT, '" { (!J /'Itt h>. e L , a corporation to be the free and voluntc:lry Jct of ~uch party for the uc;ec; and purposes mentioned an this Instrument Dated. r:....&-/I; ~l()¿" ",..."....", 11 fj _--"\.\.E E "" _ (').¡ ø Á /~~~·~sÖ';;./)~111 ~ L, ~JIA~ / . - --- --- -rt::Jt8+~o:¡~~;ti\\~~~I~11 t.. E.- D~.\~ ,..... ~ ~ A:::---- :: qotary Pubhç,¡n and fOJ the State ot Wa<;hmgton " ~ ·.....0 VI:IlIC .. J:~ldmg at ~~, -t.~~ . 'II~~" 2 5.. o~.... .:'''My appointment expIres /u- ¿ ';,- -v ~ " "-fL""' ....... - \\\ "" _J' """...,..-.. C) LrJ C) ~ C) C) c-... -------------------.....---------------..-------- Ordinance 5588 - Exhibit A Resolution 3166 and Agreement September 6, 2001 Page 17 of 17