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Home My WebLink About3237RESOLUTION NO. 3 2 3 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT REGARDING THE DUBERRY HILL DEVELOPMENT PROJECT BETWEEN THE CITY OF AUBURN AND KING COUNTY WATER DISTRICT #111. WHEREAS, King County Water District #111 ("WD111") has requested the City of Auburn's assistance in the provision of water service to a proposed 210 home residential development and/or plat known as "Duberry Hill" which is located within WD111's Lea Hill service area, or more specifically between 132nd Avenue S.E. and 124th Avenue S.E.; and WHEREAS, Auburn, pursuant to a prior executed agreement known as IA-2, has agreed to sell WD111 up to 2.5 million gallons per day of interruptible supply which may be converted to firm supply if Auburn is able to secure new primary rights that provide sufficient instantaneous and annual quantities to Auburn and IA-2 partners, Covington Water District and WD111; and WHEREAS, WD111 received a request for water service from the Duberry Hill Developer, Finkbeiner Development, Inc., ("Developer") in July, 1996, and a further request that such service be provided in phases corresponding to plat/project development; and WHEREAS, Phase 1 of the Duberry Hill Development, while falling within WD111's service area, is physically removed from WDlll's existing water delivery facilities and system; and Resolution No, 3237 06/27/00 Page 1 WHEREAS, On July 29, 1996, WD111 issued a water availability certificate to the Developer for the conStruction of up to 210 proposed residential units to be connected to WD111's existing 16 inch water transmission main located on 132nd Avenue S.E.; and WHEREAS, WD111 with the Developer under entered into a Developer's Extension Agreement which the Developer is required to construct necessary improvements to serve Phase I and Phase 2 of the Duberry Hill plat, and to provide cash bond for offsite improvements necessary to allow future direct connection to WD11 l's existing water system; and WHEREAS, Auburn is willing to provide interim water service to WD111, subject to terms, limitations, and conditions of IA-2 and this interlocal agreement, so that WD111 may serve Phase 1 of the Duberry Hill Development through those improvements constructed by the Developer necessary to serve Phase 1. 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 the Duberry Hill Development Project between the City and King County Water District #111. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Resolution No. 3237 06/27/00 Page 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. 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: Michael J. Reynolds, City Attorney Resolution No, 3237 06/27100 Page 3 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20010226000906 PACZFZC NU TZT ~G 12.0~ PRGE eel OF e2/26/2eel 11.24 KZNG COUNTY, RECORDER'S COVER SHEET Document Title(s) (or. transactions contained therein): 7- INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN & WATER DISTRICT 1'1'1 FOR DUBERRY HILL DEVELOPMENT PROJECT (RES 3237) 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) 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 the Duberry Hill Development Project /0~$ ~a~ 7 This Agreement is entered into between the City of Auburn, a municipal corporation under the laws of Washington State, hereinafter referred to as "Auburn", and Water District 111, a municipal corporation formed under the laws of Washington State, hereinafter referred to as "WD 111". WHEREAS, WD111 has requested Auburn's assistance in the provision of water service to a proposed 210 home residential development and/or plat known as "Duberry Hill" which is located within WD11 l's Lea Hill service area, or more specifically between 132na Avenue S.E. and 124th Avenue S.E.; and WHEREAS, Auburn, pursuant to a prior executed agreement known as IA-2, has agreed to sell WD111 up to 2.5 mgd ofinterruptible sUpply; and WHEREAS, WD 111 received a request for water service from the Duberry Hill Developer, Finkbeiner Development, Inc., ("Developer") in July, 1996, and a further request that such service be provided in phases corresponding to plat/project development; and WHEREAS, Phase 1 of the Duberry Hill Development, while falling within WD 11 l's service area, is physically removed from WD 11 l's existing water delivery facilities and system; and WHEREAS, on July 29, 1996, WD 111 issued a water availability certificate to the Developer for the construction of up to 210 proposed residential units to be connected to WD111 's existing 16 inch water transmission main located on 132nd Avenue S.E.; and WHEREAS, WD111 entered into a Developer's Extension Agreement with the Developer under which the Developer is required to construct necessary improvements to service Phase 1 and Phase 2 of the Duberry Hill plat, and to provide cash bond for offsite improvements necessary to allow future direct connection to WD111 's existing water system; and WHEREAS, Auburn is willing to provide interim water service to WD 111, subject to terms, limitations, and conditions of IA-2 and this Agreement, so that WD 111 may service Phase 1 of the Duberry Hill Development through those improvements constructed by the Developer necessary to serve Phase 1. NOW, THEREFORE in order to provide such interim supply to WD111 and Duberry Hill Development Phase I, the parties mutually agree to the following terms and conditions: I. Connections of Auburn and WDlll Water Supply Facilities I.(a) Consistent with the terms, conditions, and limitations cited in IA-2, Auburn Shall provide water to WD 111 and the Duberry Hill Development, pursuant to the existing IA- 2 WD 111/Auburn intertie, and a connection that shall be constructed between WD 11 l's 16-inch transmission main located on 132na Avenue S.E. and WD 11 l's water facilities that will serve the Duberry Hill Development. A further intertie, to be used solely for emergency purposes, shall be constructed between Auburn's 12-inch water main located on 132na Avenue S.E. south of S.E. 299th Street and WD11 l's water facilities that will serve the Duberry Hill Development, and a new interlocal agreement describing this connection as an emergency intertie shall be developed. I.(b) Connections constructed between Aubum's water system and WD111 water facilities prior in time to this Agreement and intended to serve the Duberry Hill Development Phase 1 shall be closed by December 31, 2002, or by the date construction is completed for the offsite improvements necessary to allow the direct furore connection and intertie to WD11 l's existing water system, in the event the developer has not completed those improvements by December 31, 2002. Under either circumstance, a new interlocal agreement describing the connections on 124th Avenue S.E. and 127th Place S.E. and Auburn's 12-inch water line on 132nd Avenue S.E. as emergency interties shall be developed. I.(c) WD111 shall timely construct the offsite improvements necessary to allow future direct connection to WD11 l's existing water system if the Developer has not completed these improvements by December 31, 2002; and I.(d) WD 111 shall construct all connections relating to the Duberry Hill Development- based intertie with Auburn's water facilities consistent with Auburn's Water System Design and Construction Standards, and further, shall allow Auburn the right of inspection and approval of related plans for connections to Auburn's system. I.(e) WDIII111 shall construct a master billing meter station, and a flow control/check valve station as part of the connection of the District's 16-inch Transmission Main. The master billing meter station constructed as part of the connection for Duberry Hill Development shall be designed to be as nearly indentical as possible to the master billing meter station currently existing at the intersection of SE 132nd and SE 288th Street which was constructed as part of the IA-2 Agreement. Remote telemetry facilities will not be constructed for this master billing meter station. Auburn shall review and approve the specific location and plans for the master billing meter station constructed for the Duberry Hill Development. Upon completion of the construction of the master billing meter station, WD 111 will deed ownership of the master billing meter station to Auburn WD 111 shall maintain ownership of the flow control/check valve station. I.(0 Auburn shall work in good faith with WD111 to review all project plans in a timely manner, and where and when appropriate, at the sole discretion of Auburn, modify aspects of Auburn's design standards to facilitate project construction. II. Project Financing/Project Costs WD111 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 serve water to Phases I and II of the proposed Duberry Hill Development. III. Department of Health Approval WD 111 shall be responsible for all documentation and coordination necessary to secure approval for the interties described and/or referenced in I.(a), (b), (c), (d), and (e) above, from the Washington State Department of Health. IV. Service Charges/Billing Cost of service to WD111 and/or the Duberry Hill development shall be consistent with the wholesale customer classification rate established in Auburn's most current Cost of Service Study. Interim water service to WD 111 for the Duberry Hill Development Phase 1 shall be billed to WD 111 in accordance with the terms of IA-2 and will be billed for a cumulative total of water consumed as determined by WD 111 reading, and totaling consumption from, all individual customer service meters in Phase 1 every two months. V. Duration of Agreement This agreement shall be terminated only upon those terms, conditions, and limitations cited in and for IA-2. VI. Indemnification/Interruption of Supply WD111 shall indemnify and hold Auburn harmless from cost or liability arising out of Auburn's need to interrupt supply provided pursuant to this Agreement, and pursuant to the terms and conditions of IA-2. Further, should such interruption occur, WD 111 acknowledges that it bears sole responsibility for identifying and providing the replacement water necessary to meet the projected demands of the Duberry Hill Development as cited in the Water Availability Certificate issued by WD 111 on 7/29/96. VII. Dispute Resolution Should a dispute arise, the parties shall follow the Dispute Resolution procedures identified in IA-2. VIIIIII. Hold Harmless/Negligence Auburn and WD 111 agree to indemnify, defend and hold harmless the other participant from and against any loss, cost, damage, or expense of any kind arising out of injury to person or damage to property in any manner caused by the negligent conduct of the indemnifying individual participant in the performance ofto this interlocal agreement. IN WITNESS WHEREOF, the participants hereto have caused this Agreement to be executed by their proper Officers on the 17t_htay of 3u1¥ ,2000. · of Auburn fly Clty~~A~ ~'~ (~ By: , 0 Title: Mayor Attest: _ B_:,y _ . _ Appr~f~d as to~orr¢ Title: Date: