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RESOLUTION NO. 3 0 1 9
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 OF BONNEY 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, hereinafter referred to as TLC agreed to
comply with City of Auburn's urban 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
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W~EREAS, the City of Auburn's 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
W~EREAS, TLC desires to build Multi-Family Developments
Division 1 Phase 4 (1P4) and Lots 5, 6, 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 TLC's development meet
AUBURN's fire flow service standards; and
W~EREAS, Bonney Lake is unable at this time to meet
AUBURN's 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
W~EREAS, the City of Auburn's water service area abuts
BONNEY LAKE's water service area, and Auburn's 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
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WHEREAS, AUBURN is willing to provide emergency fire flow
to TLC's proposed "Multifamily Development Area", in
consideration of Lakeland's 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 Auburn's 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
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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 AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3019
November 17, 1998
Page 4
EMERGENCY FIRE FLOW PROTECTION 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 AUBURN's urban 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, Res. 2955, and
the Lakeland Annexation and Utilities Agreement, Ord. 4867, and
WHEREAS, AUBURN's 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 5051, and
WHEREAS, TLC desires to build Multi-Family Developments Division 1
Phase 4 (1P4) and Lots 5, 6, 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 TLC's
development meet AUBURN's fire flow service standards, and
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
11/13/98 Page 1 of 5
Exbi bit "A"
Resolution No.
City of Auburn
3019
WHEREAS, BONNEY LAKE is unable at this time to meet AUBURN's 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
WHEREAS, AUBURN's water service area abuts BONNEY LAKE's water
service area, and AUBURN's system 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 toTLC's
proposed "MULTIFAMILY DEVELOPMENT AREA", in consideration of
Lakeland's agreement to pay to AUBURN a fire flow development charge, and
WHEREAS, TLC, pursuant to a separate agreement, has agreed to
compensate AUBURN for AUBURN's providing to BONNEY LAKE, pursuant to
this agreement, an intertie for emergency fire flows to the proposed
"MULTIFAMILY DEVELOPMENT AREA, and
NOW THEREFORE, IT IS MUTUALLY AGREED as follows:
In the event a fire flow emergency occurs within the 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 his/her designee, is hereby authorized to open the
valve in the water main between the two systems to provide the required fire
flow.
The authorization granted in section 1 above herein is 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 AUBURN's 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 his/her
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
11/13/98 Page 2 of 5
This agreement shall terminate when BONNEY LAKE provides
documentation that demonstrates to AUBURN that infrastructure has been
developed to meet AUBURN's urban 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 cost to each party. Should the
parties not be able to satisfactorily resolve the dispute through 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 MULTI-FAMILY
DEVELOPMENT AREA.
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
11/13/98 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 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 parties for the uses and purposes mentioned in this instrument.
._,.o. .. ¢11
'.. ~'~"~" ~:.':,G .- Notaw Public ~p and for~he State of Washington
'",~WAS~;'~ residing at ~. ~
""'"" My appointment ex¢ires ) ~- ~- ? ~
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
11/13/98 Page 4 of 5
BOB 6, O
STATE OF WASHINGTON )
) SS.
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 /,~
Notary Public in-and for~(l~e S~ate of Washington
residing at ~
My appointment expires Q.~/
LM/bd
REF. H:/FAC/FAC2385/E98-1268
Emergency Fire Flow Protection Agreement
City of Auburn and City of Bonney Lake
11/13/98 Page 5 of 5