HomeMy WebLinkAbout3236RESOLUTION NO. 3 2 3 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT REGARDING EMERGENCY FIRE
FLOW PROTECTION FOR THE PROPOSED VISTA HEIGHTS
DEVELOPMENT AT LAKELAND BETWEEN THE CITY OF AUBURN AND
THE CITY OF PACIFIC.
WHEREAS, the City of Pacific and the City of 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 312105-9008 (hereinafter referred to as "Site 7"), in
the City of Pacific, and one with tax identification number 312105-9006
(hereinafter referred to as "Site 8"), in the City of Auburn; and
WHEREAS, the boundaries of Pacific's water service area and Auburn's
retail water service area are coincident with the respective City limits of each
jurisdiction and with the boundary between Site 7 and Site 8; and
WHEREAS, Site 7 will be served with water for domestic use by Pacific;
and
WHEREAS, Site 8 will be served with water for domestic use and
emergency fire flow protection by Auburn; and
WHEREAS, Pacific has requested Auburn's assistance in the provision
of water for emergency fire flow protection to Site 7; and
Resolution No. 3236
06~27~00
Page 1
WHEREAS, Auburn is willing to enter into an agreement for intertie of the
two water systems to provide the requested emergency fire flow protection to
the Development on Site 7; and
WHEREAS, Auburn's water system has the capacity and infrastructure
to provide the requested emergency fire flow protection to the Development on
Site 7; and
WHEREAS, Auburn is willing to provide emergency fire flow protection to
the Development on Site 7 in consideration of Paciflc's agreement to pay
Auburn a fire flow system development charge;
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 Interlocal Agreement regarding Emergency Fire Flow
Protection for the Proposed Vista Heights Development at Lakeland between
the City and the City of Pacific. 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, 3236
06/27/00
Page 2
DATED this 17th day of July, 2000.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Da~ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3236
06/27/00
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
201
PACIF~
02/26
KING
RECORDER'S COVER SHEET
Document Title(s) (oz~zt~a~nsactions contained therein):
/ $070
INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN AND THE CITY
OF PACIFIC FOR EMERGENCY FIRE FLOW PROTECTION FOR VISTA
HEIGHTS AT (RES 3236)
Reference Number(s) of Documents assigned or released:
[--IAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first)
CITY OF ,?/~.~i ~
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
[] Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
PER RCW 39.34
[] Assessor Tax # not yet assigned
INTERLOCAL AGREEMENT
regarding
EMERGENCY FIRE FLOW PROTECTION
for the
PROPOSED VISTA HEIGHTS DEVELOPMENT 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 formed under 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 312105-9008 (hereinafter referred to as "Site 7"), in Pacific, and one with
tax identification number 312105-9006 (hereinafter referred to as "Site 8"), in Auburn; and
WHEREAS, the boundaries of Pacific's water service area and Auburn's retail water
service area are coincident with the respective City limits of each jurisdiction and with the
boundary between Site 7 and Site 8; and
WHEREAS, Site 7 will be served with water for domestic use by Pacific; and
WHEREAS, Site 8 will be served with water for domestic use and emergency fire flow
protection by Auburn; and
WHEREAS, Pacific has requested Auburn's assistance in the provision of water for
emergency fire flow protection to Site 7; and
WHEREAS, Auburn is willing to enter into an agreement for intertie of the two water
systems to provide the requested emergency fire flow protection to the Development on Site 7;
and
WHEREAS, Aubum's water system has the capacity and infrastructure to provide the
requested emergency fire flow protection to the Development on Site 7; and
WHEREAS, Auburn is willing to provide emergency fire flow protection to the
Development on Site 7 in consideration of Pacific's agreement to pay Auburn a fire flow system
development charge;
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Pacific will enter into a Developer's Extension Agreement, with the Developer of Vista
Heights at Lakeland, which will require that the Developer shall:
a. design and construct the improvements necessary to serve the Development on Site 7
with both water for domestic consumption from Pacific's water system and water for emergency
fire flow protection of up to 1000 gpm at a minimum residual pressure of 20 psi from Auburn's
water system;
b. include with the necessary improvements, the appurtenances required to interconnect,
and to maintain separation of, Pacific's water system and Auburn's water system (hereinafter
referred to as the "Intertie"), and furthermore to maintain said separation as the normally existing
condition. Activation of the Intertie shall be accomplished by the opening of valve(s) between
the two systems. Location, design, and construction of the Intertie shall be subject to Auburn
approval,
c. provide bond for all the necessary improvements, including the Intertie, if such
improvements have not been completed anal accepted at time of final site plan approval by the
Auburn Planning Director.
2. Pacific shall be responsible for all documentation and coordination necessary to secure
approval for the Intertie, described in paragraph 1. above, from the Washington State Department
of Health.
3. Pacific shall assume responsibility for proper operation and maintenance of all necessary
improvements, including the Intertie, described in paragraph 1.
4. In the event that a fire emergency occurs within the Development on Site 7, requiring fire
flow that can not be provided by the Pacific water system, the Fire Chief of the Pacific Fire
Department, or his/her designee, is hereby authorized to open the valve(s) between the Pacific
and Auburn water systems serving the Development to provide the required fire flow.
5. In the event that it becomes necessary that the Fire Chief, or his/her designee, open the
valve(s) between the two water systems, no fees will be charged to Pacific for the water
consumed.
6. In the event that it becomes necessary that the Fire Chief, or his/her designee, open the
valve(s) between the two water systems, after the event, the valve(s) shall be returned to the
normally closed position.
7. This agreement does not authorize or permit Auburn to utilize water from the Pacific water
system.
8. Pacific shall be responsible, pursuant to the Developer's Extension Agreement executed with
the Developer, for ensuring the Developer posts all appropriate bonds and pays for all necessary
improvements required to deliver emergency fire flow from the Auburn water system to the
Pacific water system serving the Development on Site 7.
9. Pacific shall pa)' to Auburn a fire flow development charge of $478.00 per dwelling unit, for
the fire flow capacity portion of Auburn's tOtal water system development charges, such charges
due and payable for the total number of dwelling units for the Development on Site 7 prior to
Auburn's acceptance of the construction of the Intertie. In the event that Pacific fails to make
total payment as provided herein, Auburn is under no obligation to approve the Intertie design or
the Intertie construction, or to provide emergency fire flow protection to the Development on
Site 7.
10. This agreement shall terminate upon written notification from Pacific that emergency fire
protection to the Development on Site 7 is not required.
11. 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 to this Agreement in the performance of its work or
execution of its obligations under the terms of this Agreement.
12. 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.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
CITY OF PACIFIC
King County, Washington
Mayor Date
Attest:
By: ._~.~Oo,_~,
City Clerk ~/_) Date
CITY OF AUBURN
King County, Washin~on
By: ~~lll~ ~'~~
Mayor Date
Attest:
'"City Cle;k - Date
Approved as to form:
City Attorney
Date
City Attomey
Date