HomeMy WebLinkAbout20021029001160 BILL OF SALE 1029023. ~3- 4
Jill 11111 11111111111
0021029 01160
PACIFIC NW TIT BS 38.00
PAGE 1 OF 02~
11/20/2002 11:17
K NG COWTY, WA
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
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Document Title(s) (or transactions contained therein): 00 *3ti3
1. Bill of Sale pMV\1-T W 1-1 Reference Number(s) of Documents assigned or released:
]Additional reference 9s on page of document
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Grantee: (Last name first)
1. Auburn, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Sec 18, TWP 21 N, R5E
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
182105-9327
] Assessor Tax # not yet assigned
Nnv 91?02
C1 P( OF
CITY C, r /v :N
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Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
BILL OF SALE
Reference # (if applicable): N/A
Grantor/Borrower: 1) Auburn Veterans Memorial Committee
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Grantee/Assignee/Beneficiary: City of Auburn
Legal Description/STR:
A structure located on that portion of the south '/Y of the north '/s of the
northwest'/4 of Section 18, Township 21 north of Range 5 east W. M., described as follows:
Beginning at the southwest comer of the northeast %4 of the northwest '/4 of Section 18, Township 21 north
Range 5 east W. M.; thence North 87°30'59" East along the south boundary of the north '/z of the northwest '/4
of said section 18, a distance of 393.84 feet; thence North 00°00'00" East, 156.47 feet to the True Point of
Beginning; thence continuing North 00°00'00" East, 80.00 feet; thence North 90°00'00" East, 90.00 feet;
thence South 00°00'00" East, 80.00 feet; thence South 90°00'00" West, 90.00 feet to the True Point of
Beginning.
The above described tract of land being a portion of the following:
All that certain real estate situate in the south ''/s of the north 1/2 of the northwest 1/4 of Section 18, Township 21
north of Range 5 east W. M., particularly bounded as follows, to wit:
Beginning at a point on the south line of the north '/z of the northwest 'h of said section 18, which point is 30
feet westerly from the southwest comer of the northeast''/4 of the northwest Y4 of said section 18; thence easterly
along the south line of the north ''/s of the northwest 1/4 of said section 18, a distance of 992.395 feet to a point;
thence northerly on a line parallel with the west boundary line of the northeast'/4 of the northwest'/4 of said
section 18, a distance of 659.23 feet to the north boundary line of the south '/z of the north %z of the northwest 1/4
of said section 18, thence westerly along said north boundary line of the south %z of the north '/2 of the
northwest '/4 of said section 18; a distance of 832.395 feet to a point; thence southerly on a line parallel with the
west boundary Be of the northeast'/4 of the northwest %4 of said section 18 a distance of 359.61 feet to a point;
thence westerly on a line parallel with the south line of the north '/z of the northwest'/4 of said Section 18, a
distance of 160 feet to a point; thence southerly on a line parallel with the west boundary line of the northeast 1/4
of the northwest 1/4 of said section 18 a distance of 300 feet to the point of beginning.
Less the east 400.00 feet.
I Assessor's Tax Parcel ID#: 182105-9327 I
Bill of Sale
Page 1 of 2
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the sum of
TEN DOLLARS ($10.00), and for the consideration of incorporating the Extension into the City
system, and other good and sufficient consideration, receipt whereof is hereby acknowledged, the
undersigned Grantor, Auburn Veterans Memorial Committee, does by-these presents hereby
convey, setover, assign, transfer and warrant to the City of Auburn, a Municipal Corporation in
King County, Washington, property known as Auburn Memorial for Veterans as shown in the
Public Facilities Extension plans referred to as FAC 00-0004, a memorial constructed as depicted
in Exhibit "A" of City Council Resolution Number 3166.
See EXHIBIT Resolution No. 3166 ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF.
and the said Grantor hereby warrant(s) that he is the sole owner of all the property above
conveyed; that he has full power to convey the same and that he will defend the title of the said
Grantee against any and all persons lawfully making claim thereto, and indemnify the City of
Auburn for any costs, including Attorney fees, in defending title.
WITNESS WHEREOF the Grantor has executed these presents this day of
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STATE OF WASHINGTON)
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County of King
I certify that I know or have satisfactory evidence that 4/d/A0,01 • bUe` eyr.-I br
is the person who appeared before me, and said person acknowledged that igned
this instrument, on oaths ed that he/ he wa authorized to execute the instrument and s
a owledge it the !'r- *13 of _,Qr,,xc.-K lle.&nos
a corpor ion, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated /0-
U~p`RY
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s'•. J o _,2~ _r -Notary Publi and for the tate of Washington
O`W?F~~\.: ! My appointment expires `4'Z 5-`z~,3
Bill of Sale
rage 2 of 2
RESOLUTION NO. 3 1 6 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE AUBURN VETERANS MEMORIAL
COMMITTEE CONCERNING THE CONSTRUCTION, LIABILITY AND
TRANSFER OF MEMORIAL FOR VETERANS TO BE CONSTRUCTED IN
CITY PARK.
WHEREAS, the Auburn's Veterans Memorial Committee desires to
construct a Memorial for Veterans in City Park; and
WHEREAS, the construction is to be in accordance with the Agreement
submitted attached as Exhibit "A", and
WHEREAS, upon the completion of construction, in accordance with the
% plans and specifications, the Auburn Veterans Memorial Committee desires,
T and the City of Auburn agrees, that City will take over the ownership and
maintenance of the Memorial; and
WHEREAS, the construction of the Veterans Memorial in City Park
honors the Veterans who have served their Country, which is in the benefit of
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Public Health, Safety, and Welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Resolution 3166
January 28, 2000
Page I
Section 1. The Mayor and City Clerk are authorized to execute the
Agreement between the City and the Auburn Veterans Memorial Committee
attached hereto and incorporated by reference as Exhibit "A".
Section 2. If any provision of this Resolution, or its Exhibits incorporated
by, are determined to be invalid or unenforceable for any reason, such contents
U shall not affect the remaining portions of this Resolution and the Agreement
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attached hereto shall remain enforce and effect.
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c~ Section 3. The Mayor is hereby authorized to implement such
a administrative procedures as may be necessary to carry out the directives of
C14 this legislation.
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cr DATED and SIGNED this _ I Day of February, 2000.
CITY OF AUBURN
n' tl
CHARLES A. BOOTH
MAYOR
Resolution 3166
January 28, 2000
Page 2
ATTEST:
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Da ' Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
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C. 4 Michael J. Reynolds,
c, City Attorney
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Resolution 3166
January 28, 2000
Page 3
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Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn, WA 98001
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RECORDER'S COVER SHEET
)ocument Title(s) (or transactions contained therein)
deference Number(s) of Documents assigned or released W
]Addrbonsl reference Ws on page of document ~3(r7l a)-~
3rantor(s) (Last name first, then first name and initials)
I City of Auburn
3rantes: (Last name first)
I Auburn's Veterans Memorial Commiteee
Legal Descrlptan (abbreviated i e lot. block, plat or section, township, range)
NW'/, Section 18, Township 21 N, Range 5 E. W M
Add*onal legal m on page, of the document
Assessor's Property Tax ParesUAccount Number: n) wom Oen for
1M"' d by F ftft Morthwmt Trt►e sr
f10OMMOdtfon 0* it her nW bnw,
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AGREEMENT
BETWEEN CITY OF AUBURN AND THE AUBURN VETERANS MEMORIAL
COMMITTEE ON CONSTRUCTION OF A VETERANS MEMORIAL IN CITY PARK
THIS AGREEMENT made and entered into this 01 ` day of February,
c 2000, by and between the CITY OF AUBURN, a Municipal Corporation in King
County, Washington, hereinafter referred to as "CITY" and with Auburn
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Cvv Veterans Memorial Committee, a nonprofit corporation, hereinafter referred to
as "MEMORIAL COMMITTEE"
WHEREAS, the MEMORIAL COMMITTEE comprises of volunteers who
CIO have organized themselves as a nonprofit corporation in the State of
Washington for the purposes of constructing a Veterans Memorial in City Park,
. City of Auburn
WHEREAS, a plan for said memorial to be constructed is attached to this
a Agreement and is designated as Attachment "1" and made a part herein
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WHEREAS, the MEMORIAL COMMITTEE agrees that the facility is to
be constructed by a private contractor in accordance to CITY standards, as set
forth in Agreement for Developer Public Facility Extension, Number FAC00-
0004, attached and designated as Attachment "2" to this Agreement, and made
a part herein
Aubums Veterans Memorial Committee
Agreement - Resolution 3166 Exhibit A
January 26, 2000
Page 1
1 All materials shall be pre-approved by the CITY building official
2 Upon Completion of the Memorial, as set forth in Attachment "2",
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the Memorial shall become the property of the CITY
3 The MEMORIAL COMMITTEE agrees to provide atl construction,
including labor and material, for the Memorial and hold the CITY
harmless therefrom, including any attorney fees and costs
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4 The MEMORIAL COMMITTEE shall inform the contractor,
subcontractors, or any personnel involved, that the Memorial is a project
of the MEMORIAL COMMITTEE, a nonprofit corporation, and not a
public works projects, and in so doing shall inform any and all persons
that may have a claim in terms of a hen claim, claim against retainage
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and/or bond, that they are not entitled to such claim on this specific
project and shall indemnify and gold the CITY harmless
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5 The CITY agrees to provide power to the construction site during
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6 The CITY agrees to remove two (2) trees and stumps located
within the footprint of the proposed structure
Aubums Veterans Memorial Commatee
Agreement - Resolution 3166 Exhitnt A
January 28, 2000
Page 2
7 The CITY agrees, upon the completion of the project, to construct
n sidewalks and a handicap ramp connected to the existing parking lot and
the sidewalk to the structure
S The CITY agrees to restore the grounds disturbed around the
i° structure during the construction
9 Upon completion of the structure the CITY shall assume all
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maintenance on the facility
10 The MEMORIAL COMMITTEE agrees to provide an insurance
policy for a minimum of $1,000,000 (One Million and No/100s Dollars) for
any losses, including but not limited to, liability in the construction of the
project and until final completion and tendered to the CITY, and shall
cause the CITY to be named as an additional insured
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11 Any provisions and agreements determined to be invalid and
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unenforceable shall not affect all remaining provisions and they shall
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remain in enforce and in effect
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12 The estimated costs to the CITY for construction assistance and
administering this project is Twenty Thousand and No/100s Dollars
($20,000)
Aubums Veterans Memorial Committee
Agreement - Resolution 3166 Exhibit A
January 28, 2000
Page 3
DATED and SIGNED this I ~ of February, 2000
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Danielle E Daskam,
w City Cleat
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CITY OF AUBURN
CHARLES A BOOTH,
MAYOR
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aAPPROVED AS TO FORM
Michael J Reynolds,
City Attorney.
Aubums Veterans Memorial Commrttee
Agreement - Resolution 3166 Exhibit A
January 26, 2000
Page 4
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WILLIAM C WARREN
AUBURN VETERAN'S MEMORIAL COMMITTEE
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CITY OF AUBURN
AGREEMENT
for
d DEVELOPER PUBLIC FACILITY EXTENSION
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AGREEMENT for DEVELOPER PUBLIC FACILITY EXTENSION
FACILITY EXTENSION NUMBER: FACOQ-0001
The City of Auburn, hereinafter referred to as the "City", and Auburn Veterans Memorial
Committee, hereinafter referred to as the "Owner", hereby enter into this Developer Public
Facility Extension Agreement, hereinafter referred to as the "Agreement", and make the
following expressed mutual promises and covenants regarding the Owner's proposed Developer
C.4 Public Facility Extension, hereinafter referred to as the "Extension (s)", wherein the City agrees
to adept the Extension (s) for operation and maintenance and provide a tacility connection (s) to
the proposed Extension (s) if the Owner, at the Owner's expense. designs, consti ucts, convey"
and transfers said Extension (s) to the City pursuant to the terms and conditions of this
Agreement This Agreement is valid and binding for the Extension (s) designated in the Scope
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of Woi k as incorporated on the approved plans and summarized below
A memorial to be constructed as depicted in Exhibit "I" of City Council
Re"olutiun Numbei 3166
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CASH DEPOSIT provisions of section waived
Il CONSTRUCTION PLANS
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Befoie or simultaneous with the execution of this Agreement, the Owner shall submit plans
designed by a professional engineer registered in the State of Washington to the City fot review
and approval
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Plan. shall contain all information required for Extension construction, and shall comply with
City design standards and construction specifications as of the date of the execution of this
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Agreement Plans shall be updated and revised during construction to reflect mayor changes
caused by field conditions cr revised development pioposalb Plan,, update, and ievt,ion, Shill
o uitlrLaic all ,.innaiy sewer, stoini didinagu. water utilities, and uanspoitation facilities designed
rte., in compliance N ith City requirements Additional reports, design calculations, surveys, and
applicable supporting data shall be submitted to the City as requested
Construction plans that are generated in a computer-aided drafting/design system shall be
developed in an electronic format acceptable to the City
For extensions that include construction within an existing, developed right-ot-way, the City
shall determine a reasonable time flame in which the Owner will complete all work within the
,j; right-of-way, including final clean up An estimated construction period for such work shall be
designated in calendar days and will be determined at the pre-construction confelence The
cY author iced consu uction period shall start when work first begins within the i ight-ol-way If the
~ required work is not completed within the allotted time, the City is authorized to suspend all
cl~ Extension-related worked and place a claim against the Performance Bond
c~ After a City review, all plans shall be resubmitted to the City within 60 days of the date the plans
c, wcte wtumed to the Ownet's enVneci foi revision If the plans are not submitted within 60 days,
the City may review and adjust the cash deposit amount
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If either plan review or construction activities become inactive on the Owners part for a peiiud
ofbix-inonths, the City may require the plans be revised to conform to existing field condition,,
or to meet current City design standards and regulations The City may also require the
execution of a new Agreement. in which case, this Agreement shall become null and void
When the plan review process is completed and City development regulations and requirements
contained in this Agreement are met, the City Engineer shall approve the Extension plans for
construction
111. RIGHTS-OF-WAY provisions of section waived
IV PAYBACK AGREEMENT provisions of section waived
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V PERFORMANCE BOND provisions of section waived
VI INSURANCE
Thioughout the period ofpertormance of this Agreement for all construction related activities.
the Owner of Conuactui shall carry and maintain commercial general liability insurance with
limits of not less than 51,000,000 per occurrence for bodily injury, including death, and
S 1,000,000 per occurrence for property damage or, alternatively, one million (S 1,000.000) per
occurrence combined single limit for bodily injury and property damage combined
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This insurance shall be in a form and with an insurer acceptable to the City, and shall contain
coverage for all premises and operation, broad form property damage, contractual liability
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(including without limitation that specifically mentioned in the Agreement, and products and
contemplated operations insurance
ate.
This insurance shall include explosion, collapse, underground excavation, or lateral support
Any policy of policies that provides the insurance required in this Agreement shall name the City
as an additional insured to the extent of the contractual obligations set forth here If the
Contiactui as the Agent of the Ownei. provides, the required insurance, then ,tier: 111surance ,hall
4a name both the Owner and the City as additional insured
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Before the beginning of the performance period under this Agreement, the Owner ;hall provide
tot ( ity ie% ic« and approval, a cettificate of insurance reflecting full compliance w 1111 the
' LO requitements set forth in this Agreement The certificate shall be kept current and in compliance
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c" throughout the performance period until final acceptance by the City (and for two years
thereafter for products and contemplated operations liability), and shall provide for 30 days
advance written notice to the City if cancellation or material change adversely affect the interests
of the City
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Throughout the performance period of the Agreement, the Owner shall cover or maintain
cs inswance in compliance with the applicable worker's compensation laws. with respect to all of
its respective employees working on or about the facility site, regardless of whether such
coverage or insurance is mandatory or merely elective under the law
VIL INDEMNIFICATION
The Owner shall defend and hold harmless the City, its elected and appointed officials.
employees. and agents from any actions, causes of action, liabilities, claims, suits judgments,
hens, awaids, demands and damages, of any kind including, for property d iniaue, personal
injury, or death (including any claims brought by employees of the Contractor or any
subcontractor) The City shall be held harmless for all expenses, costs of litigation, and
reasonable attorney's fees, expert witness tees, and costs of services of engineering and other
pcisonnel iclated to any such action, or incident to establishing the light to indemnification, to
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the extent such claims anse from any negligent act or omission or willful misconduct of the
Owner, Contractor, any subcontractor, or their employees, arising out of or in any way related to
their performance of the Agreement, including without limitation the provision of services.
C=r personnel, faciltties, equipment, support, supervision, or reviews
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The Owner expressly waives any immunity under industrial insurance, whether arising from
RCW Title 51 entitled "Industrial Insurance" or any other statute or source solely for the benefit
of the City and solely to the extent of the indemnity set forth in this Agreement
The Owner shall, at the City's request, furnish comprehensive evidence that all obligations of the
nature destunated in this agreement have been paid, discharged, or waived
VIII. CONSTRUCTION select provisions of section waived
After the plans are approved, a pre-construction conference shall be held between the Owner's
C omractor and City staff before constnictton can begin
The following applicable items shall be satisfied before a Nonce to Proceed will be issued to the
Contractor
A Proof of Insurance naming the City (and Owner if Contractor supplies insurance)
. as an additional insured (see Section VI herein)
B A notarized copy of the Contractor's Labor & Industry license
C Business iegisuation with the City far all contractoib and subcontractors %01en
working within the City limits
D A Contractor and subcontractors call list
t E The Contiactor's experience record covering the past five years for projects
c similat in size, scope, and difficulty as the proposed improvements. if requested
by the City
F Foi work outside of Auburn's City limits. adequate County permit+lappiu%als
must be satisfied The City will apply for Right-of-way pcrnitt once plans, are
approved
The City shall provide part-time inspection of the Extension while under construction to assist
the Owner in complying with the City design standards and construction specifications The
City shall also assist the Owner in complying with the present City rules, regulations. and
resolutions and the terms of this Agreement This assistance does not relieve the Owner of
responsibility for complying with the plans, specifications. or terms of this Agreement, or any
rules and regulations unposed by the City, County. or other agencies
All construction performed by the Owner shall be in compliance with City construction
specifications and design standards The Owner shall be responsible for acquiring these
Standaid Spetitications and having a copy on-site during construction
Tlic Ownci agrees to comply with all State, County, and City regulations applicable to tite
Owner while construction is in progress to public rights-of-way
~o The Owner agrees to give the City 24-hours notice before beginning any construction All new
pavement patches must be-completed within 30 days of the original excavation unless the City
agrees otherwise If a new patch is not completed within 30 days, the Owner agrees that the City
may hire an independent contractor to complete the necessary work and bill the Owner far the
actual costs incurred The Owner shat I restore to City standards all pavement cuts made pursuant
c., to the construction of the Extension before the City accepts the extension
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The City has the authority to decide all questions regarding the quality and acceptability of the
c materials furnished and of the work performed for the construction of the improvements The
City shall also have the authority to suspend construction work, in whole or part. for the failure
of the Owner/Contractor to carry out the work in conformance with City development
regulations, City construction standards, and approved plans, to correct conditions unsafe for the
work, woikers, of the general public. for unsuitable weather or other conditions which the City
a-' considers unsuitable for the construction work, or foi any other condition or reason the City ~
deems to be in the public interest
c, The City shall approve the construction of the Extension
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Ctk The Owner's contractor shall make a written request to the City a minimum of 72 hours in
C advance when work is to be performed on Saturdays, Sundays, Holiday, or other than normal
v-oiking hours Wiitten permission from the City sliall be iequiied befoic the tontiactoi is
allowed to work during any such requested hours Approval of the contractor's request shall be
dependent on the City's ability to provide adequate construction project monitoring during the
requested time
IX. ACCEPTANCE OF EXTENSION FOR OPERATION AND OWNERSHIP select
piovisions of section waived
The City agrees to accept the Extension for operation and ownership upon approval of the
construction of the Extension and the full compliance of the terms and conditions of this
Agreement, including the following requirements
A Bill of Sale (see Section XI herein)
B Record construction drawings and reports (see Section XII herein)
t Utility easements (Sec Section XIII herein)
Upon approval and acceptance, the City shall send a letter to the Owner accepting the system for
ownership and operation
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X. MAINTENANCE BOND provisions of section waived
XI. BILL OF SALE
Before the City accepts the Extension for operation and ownership, the Owner agrees to execute
C`+ an approved Bill of Sale (the City will prepare this document, once information is icccived, for
° Owner's signature) for the improvements that are to be dedicated to the City The Bi I I of Salc
will provide for the transfer of title of the Extension from the Owner to the City and will further
include the following items
A The Owner is the lawful owner of the Extension and it is free from all
encumbrances
B The Owner has paid all bills for all labor and matenal used during construction of
the Extension or has obtained lien wavers from al l persons who have not been
4.0 paid for their labor or material
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C The Owner has the nght to transfer the Extension and will warrant and defend the
same against lawful claims and demands of all persons for one year fi om the date
as the Bill of Sale is accepted by the City
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D The Owner will grant the Extension to the City for the consideration of
o incorporating the Extension into the City system
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~ XII. RECORD CONSTRUCTION DOCUMENTS
Before the City accepts the Extension for operation and ownership, the Owner agrees to provide
the City with certified record construction drawings and related electronic file information
Thew di n%ings must accurately reflect all field design revisions made to the Extension dunng
the construction process in conformance with the City's record construction drawing
requirements available upon request from the City All required record drawing information
shall be clearly shown on the onginal design mylar drawings (and in the electronic drawing file
if applicable) approved for construction by the City A certified and updated storm drainage
report will also be required Record construction document requirements. are available upon
iequest from the Public Works Department
XIII. UTILITY EASEMENTS provisions of section waived
XIV. SERVICE CONNECTIONS provisions of section waived
XV ATTORNEY FEES provisions of section waived
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SIGNATORY
DATED this day of 20eJd
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CI%L CITY OF AUBURN
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CHARLES A BOOTH
MAYOR
ATTEST
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C" Dantellc E Daskam,
C, City Clrik
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APPROVED AS TO FORM
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Michael J Rcynolds,
City Attorney
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DATED this day of r suits , 2W6i
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Secretary
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c STATE OF WASHINGTON)
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County of King }
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tf. !ji i ~~r►-cn 7``71tS/~ Ur`~r111'c►ur'
CM I certify that 1 know or have satisfactory evidence that/
c= is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath star that he/she was uthonz d to execute the instrympt amUU
acknowled ed t as the il g of ubbww r f, w.r r
/y on 4. »r.? a er , a corporation to be the free and voluntdry act of such
party for the uses and purposes mentioned in this instrument
Dated . ~.../rll ~1Uac7
0 N014
~LaAli4e- F
ary Fubi1Vn and fo the State of Washington
ding at
appointment expires / g~!;'63