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RESOLUTION NO. 2 i 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CONSTRUCTION ADMINISTRATION AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF PACIFIC RELATING TO LAKELAND HILLS.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
Seotion 1, The Mayor and City Clerk of the city of
Auburn are herewith authorized to execute a Construction
Administration Agreement with the City of Pacific relating to
the Lakeland Hills project. A copy of said Agreement is
attached hereto, denominated as Exhibit "A" and made a part
hereof as though set forth in full herein.
Seotion $. 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 4th day of February, 1991.
CITY OF ~UBURN
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ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Stephen R. Shelton,
City Attorney
Resolut ion No.
Jar~ary 29, I~1
Page 2
/7.~IS AGREEMENT is made and e~%ered f[nto tht~ ~day of
~6~TYY~, 1991, by and between ~i~HE ~iTy OF PACIFIC,
WASHINGTON ~ ("Pacific"), and THE CITY OF AUBURN, WASHINGTON
("Auburn") , both municipal corporations of the State of
Washington (collectively, the "cities") , pursuant to
Chapter 39.34 RCW.
WHEREAS, Auburn and Pacific have entered into separate
developer facility extension agreements with P. Hendley &
Associates, Inc. for construction of sewer, water and storm
sewer facilities and streets in connection with the Lakeland
Hills project (the "Lakeland Hills project")(copies of those
agreements are attached hereto); and
WHEREAS, the Cities have determined that Auburn should
perform the administrative tasks associated with the design and
construction of the Lakeland Hills project; NOW, THEREFORE,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. Auburn's Responsibilities. Auburn shall carry out and
administer the Lakeland Hills project. The tasks to be
performed by Auburn shall include design and construction
related activities including, but not be limited to, review of
plans and specifications, administration of the developer
facility extension agreements and inspection and monitoring of
construction.
Before approving material or design changes, or material
amendments to the developer facility extension agreement
between Auburn and P. Hendley & Associates, Inc., Auburn shall
consult with Pacific. Auburn also shall review periodically
the progress of the construction with the Public Works Director
of Pacific. Final construction plan approval and final
acceptance of the Lakeland Hills project shall be made jointly
by Auburn and Pacific.
2. Pa¢ific's Responsibilities. Pacific shall cooperate
fully with Auburn in carrying out Auburn's responsibilities
under this Agreement. Before approving material amendments to
the developer facility extension agreement between Pacific and
P. Hendley & Associates, Inc., Pacific shall consult with
Auburn. Pacific also shall at Auburn's request, review plans
and specifications and monitor construction.
3. Indemnification. Pacific will hold harmless and
indemnify Auburn and its officers, agents and employees, from
any and all suits, claims, costs, demands, obligations and
mct/eb/2522c
Exhibit "A"
Resolution No. 2164
- 1 -
liabilities of any kind or nature arising from any actions or
omissions of any officer, agent or employee of Pacific under
this Agreement. Auburn will hold harmless and indemnify
Pacific and its officers, agents and employees from any and all
suits, claims, costs, demands, obligations and liabilities of
any kind or nature arising from any actions or omissions of any
officer, agent or employee of Auburn under this Agreement.
4. Term of AGreement. This Agreement shall remain in
full force and effect from and after the date set forth above
until the expiration of the warranty period following
acceptance of the Lakeland Hills project, unless terminated
earlier in accordance with Paragraph 5, except that Paragraph 3
shall remain in effect for five years from and after the date
set forth above.
5. Termination. Either party may terminate this
Agreement upon sixty (60) days' written notice to the other.
6. Filing of AGreement. This Agreement shall be filed
with the City Clerks of Pacific and Auburn, the King County
Department of Records and Elections and the Secretary of the
State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first written above.
CITY OF PACIFIC, WASHINGTON
CITY OF AUBURN, WASHINGTON
Robert Roegner, Mayor
mct/ab/2522C
ATTE ST:
Robin ~ohlhueter, Auburn City Attorney
APPROVED AS TO FORM:
Stephen R. Shelton, Auburn City Attorney
,
City Engineer
STATE OF WASHINGTON )
)
COUNTY OF KING )
SS.
ne unaers~gnea, a Notary ~%tbli~ in and for the State of
swo , personany ppeared
.,*,~ ,~l~u~f~, to me ~o De k~o~ as the City Engineer
representing the City of Auburn's Department of Public Works, who
acknowledged to me that he signed the foregoing Facility
Extension Agreement as his free and voluntary act and deed, for
the uses and purposes therein mentioned.
Notary Public in and for the State
of Washington, residing at
My Commission Expires:.
REF. FE045