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Home My WebLink About3011 1 RESOLUTION NO. 3 0 1 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AUBURN PARTICIPATION AGREEMENT WITH OPUS NORTHWEST LLC, FOR THE PURPOSE OF SHARING THE COST OF CONSTRUCTION OF THE STORM DRAINAGE FACILITIES FOR PROJECT NO. FAC0014-97. 4 5 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A . 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: 8 See tion 1 . The Mayor and City Clerk of the City of 9 Auburn are hereby authorized to execute Auburn Participation 10 Agreement with OPUS NORTHWEST LLC, for the purpose of sharing 11 the cost of construction of the storm drainage facilities for 12 Project No. FAC0014-97. A copy of said Agreement is attached 13 hereto, designated as Exhibit "A" and incorporated by 14 reference in this Resolution. 15 See tion 2. The Mayor is hereby authorized to implement 16 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation. 19 DATED and SIGNED this 21st day of December, 1998. 20 21 CITY OF AUBURN 22 ((, ,() ~ ".J-\. /5JI, k \~. \ ~ Oc CHARLES A. BOTH MAYOR 23 24 25 26 ------------------------ Resolution No. 3011 October 15, 1998 Page 1 \ 1 2 ATTEST: 3 4 A)~~~ Danielle E. Daskam, City Clerk 5 6 7 8 9 APPROVED AS TO FORM: 10 11 (CI(J>{ ~'<c,)"(-'A..~y J--lcrv ../ . Michael J. Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ------------------------ Resolution No. 3011 October 15, 1998 Page 2 AUBURN PARTICIPATION AGREEMENT for DEVELOPER'S EXTENSION OPUS NORTHWEST LLC (FAC0014-97) This Agreement made and entered into this d I;! day of ~ , 19 iX, by and between the City of Auburn, a municipal corporation of the State of Washington, hereafter called the CITY and Opus Northwest LLC whose address is 915 118th Avenue SE, Suite 300, Bellevue, W A 98005, hereafter re~LOPER. WHEREAS the CITY has on the d I ¡t. day of , 192.f, approved the execution of this Agreement with the DEVELOPER ~bove and referring to facilities described herein; and NOW therefore, in consideration ofthe conditions and covenants herein, the parties agree as follows: I. DEVELOPER The above-described DEVELOPER is the record OWNER of real property legally described as shown on Exhibit A attached hereto. The real property described is also known as the Emerald Corporate Park, or parcel 000400-0093. For purposes of specifying the future beneficiaries of credits established by this Agreement and all other obligations and benefits, the terms heirs, successors and assigns means the current and future owners of the property described on Exhibit A. Map showing said property is attached hereto as Exhibit B. II. FACILITIES The facilities which will be constructed by the DEVELOPER herein are as shown in the attached Exhibit B, incorporated herein by these references, and processed as Developer Public Facility Extension, Extensions herein referenced as FAC0014-97, originals on file at the office ofthe City Engineer. The facilities will be constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and will have to be approved by the City Engineer. III. AMOUNT OF REIMBURSEMENT Storm facilities: The DEVELOPER, his successors, heirs and assigns, agrees that the amounts which the DEVELOPER is credited toward storm drainage system development charges from the CITY as specified in this Section of this Agreement, represents a fair pro rata share participation for the DEVELOPER'S construction of the public storm utility facilities described in Section II of this Agreement. ~Er-MLL---------------------------------------- Participation Agreement for OPUS Northwest LLC November 1998 Page 1 of7 The cost of said system development charge credit is to be determined from actual accounting records ofthe DEVELOPER during the course of the project, and shall clearly indicate the incremental cost to the DEVELOPER to oversize or otherwise provide for the City's share of the work. In no case shall the cost of said system development charge credit exceed current engineer's estimate of $66,913.00 + 10%. The DEVELOPER shall receive credit of future storm drainage system development charges for the oversizing portion of the project as shown in Exhibit B, at the time of permit issuance for Phase Ion-site. IV. OWNERSHIP OF FACILITY The DEVELOPER will construct the facilities described in Section II of this Agreement, which facilities will have to be accepted by the CITY as satisfactory. The facilities will become a part of the municipal system ofthe CITY. All maintenance and operation costs of said facility shall be borne by the CITY, except as noted otherwise in FAC0014-97. V. HOLD HARMLESS The DEVELOPER will indemnify and save the CITY and the CITY'S officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of actions, misconduct or breach of contract by Opus Northwest LLC, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions, hearings, arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. VI. CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement, as it being hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that anyone or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. ------------------------------------------------------------- Participation Agreement for OPUS Northwest LLC November 1998 Page 2 of7 CITY OF AUBURN ~b.k. ù ~.£ MAYOR JJ~¿ ~ ~ CITY CLERK STATE OF WASHINGTON) )ss. COUNTY OF KING ) On thisJj~daYOf ~ , 199f, before me undersigned, a Notary - #' Public in and for the State of Washington, duly commissioned and sworn, personally appeared Charles A. Booth and Danielle E. Daskam, to me known to be the Mayor and City Clerk 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 he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WlT~~~ hand and official seal hereto affixed the day and year first above written. ..~\~\~"Þ- Ä, [Jo~'##. '0," ."'-' .-........ ~ #.,. :. ....". .":':S~\ON ~.~ ~ ~ :: :'~/ ~". Ý -:. f /J r:~TARY ~\ \ : . -*- : æ ... C· ..... 0; (fJ, \0 PUCLI '!!;lO-'; = <'''.'''' ~J." ~ -y '.'-")-, ....-'... ~ ~ .... ;.>-.......·..~DER 9:..' 0 ~ ^#. .... 0 ........ \~ .... "'" ¡:: WAS'I(\ ~~.... II""II"'·~' ,Aun-.(AR¿, fl- ~ J 7á1J71Lr¿c IJ- 130'f/t ell NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT ~ êö, MY COMMISSION EXPIRES ) ð - q- c¡ 9' ------------------------------------------------------------- Participation Agreement for OPUS Northwest LLC November 1998 Page 3 of7 ÐPvS rJ¡)~EST CL.t.. DEVELOPER: BY: ?----~ TITLE: V:~ f~ìPf~ 3>,.w So~ (Ik- BY: TITLE: STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this (/ f4.. day of ~ , 19t'f f: before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ..::rot, M Sa.~~ and to me known to be the V,'~ Pr4.t(~.¢ PrcBidsnt and Seerctary, respec ively, of oPus N~f't,,~t,J t-L.. c::. 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 authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. ~w~ NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING I ~ êrL/l.Q. vcJ.t2.- MY COMMISSION EXPIRES ,('S- /~()o'\.- I ..... II .... ,.' ., " f'l.\N IA I " ...... a.-v IfVO" ... ~ ,."......, '/ " ...'" ." SIO.' 'f, ~,¡(\ .- ... ..' -<;, ". ",". ~. _ .'_"'-' ''-.L.. '" tÞ .. I ~~. "'..0 ~ · : 10 ~OTAh.. ~~ : . 0 r ml . : t -....... en: : : () \ ÞlJSL\t I : ':o~\.ð .!.,.~ - '~" g. 7 ".'2. ..- 0= .. . -"'. 5.. \J .,,,, ~ .. "", 0 "".....', ....\0 ".... ',,_ 'f:' !,~/I\SI;-\'\~ ..... $f/ ¡; 't" \ ------------------------------------------------------------- Participation Agreement for OPUS Northwest LLC November 1998 Page 4 of7 EXHIBIT A Legal Description POR JONES H H-D C #39 PARCEL B OF AUBURN SP-3-79 RECORDING NO 7903210411 SD PLAT DAF - S 40 AC OF W 1487.34 FT OF N 2286.76 FT OF DC LESS BEG SE COR THOF THE W 264 FT TH N 585 FT TH E 264 FT TH S 585 FT TO POB LESS POR OF S 530 FT L Y W OF NL Y EXT OF W LN OF C ST NE LESS STS TGW N Yz OF N ~ OF FOLG BEG SW COR DC TH N 4574.46 FT TH E 1518 FT TH S 4574.46 FT TH W 1518 FT TO POB LESS POR THOF BEG SW COR D C TH N 4574.46 FT TH E 1487.34 FT MIL TO W LN G FRAGER RD & TPOB TH S ALG W LN SD RD 200 FT TH W 1089 FT TH N 200 FT TH W 1089 FT TO TPOB LESS RD ------------------------------------------------------------- Participation Agreement for OPUS Northwest LLC November 1998 Page 5 of7 EXHIBIT B SEE ATTACHED MAP LABELED EXHIBIT B DH/bd Attachments REF. H:\FAC\FAC1471O\E98-1232 ------------------------------------------------------------- Participation Agreement for OPUS Northwest LLC November 1998 Page 6 of7