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Home My WebLink About6326 20101104001878A01 201,01104001,878 PACSFIC NLI_TIT_AG 68.00 AACsE-001 OF 007 Return Address: ilieaizeie `15:31 KING OOUNTY, 4lp Aubum City Clerk " City of Aubum 25 West Main St. - - Auburn, WA 98001 RECORDER'S COVER SHEET Document TitOe(s) (or transactions contained therein): pACIFIC NORTliWEST TITLE . Public Way Agreement (Ordinance- No. 6326) Reference Number(s) of Documents assigned or reteased: ZAddiGonal referEnce #'s on page of documeM - Grantor(s)/Borrower(s) (Last name first, then first name and initials) Aubum, Gity of GranteelAssigneelBeneficiary: (Last name first) 1: AT&T Legal Description (abbreviated: i:e. lot, btock, plat or section, township, range) . N/A ❑ Additional legal is on page of doament: Assessor's Property Tax Parcel/Account Number sstd doarmente(8) wwo fned fm • recoM by Pacifrc Northwest Ti[1e as N/A en aixomrpodation on1y,. lt has. no# been examined as to proper exequlion or • Q Assessor Tax it not yet assigned ' E~ to its eitect upon title. 20101104001878.002 ORDINANCE NO. 6326 AN QRDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, . WASHtNGTON, RELATING TO A PUBLIC WAY AGREEMENT WITH AT&T; AIJTHORIZING THE; RENEWAL OF PWA 05-51 AND ° AMENDING THE TERMS OF THE AGREEMENT WHEREAS, Grantee has applied to the City for renewai of PWA 05-51, which was authorized by 4rdinance No. 59$1; and V1lHEREAS, the City has reviewed the Grantee's renewal application and detefmined that renewat of the Public Way Agreement au#horized by Ordinance No. 5951 with minor amendments is in the best interest of the City and the citizens of Aubum, NOW, THEREFORE, THE . CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as fotlows: . Section 1. The City approves Grantee's application for renewal with the amendments and under the conditions set forth in this acdinance. Section 2. Section 1, "Notice" of Ordinance No. 5951 is amended to read as follows; . Grantee: AT&T Corp. Right-of-Way Engineering , 3001 Cobb Parkway NW- Room 162 Atlanta, GA 30339 SidnevAnderson Telephone: 678 627-5318; Fax J281) 664-4532 pjwsFhask@ai#.e~sa2612@att. com Section 3. Section 3, "Terms of Agreement" of Ordinance No. 5951 is amended to read as foltows; A. This Public Way Ag(reement shall run for a period of five (5) years, from the date of execution specified in Section 5.. . Ordinance No. 6326 August 26, 2010 Amendatory Renewat PWA 10-11 Page 1 of 5 20101104001878.003 B. Renewal Option of Term: The Grantee may renew this Public Way Agreement for up to #eUF (4)three 3 additional five (5) year periods upon submission and approval of the application specfied under ACC 20.04.120, as it now exists or is amended, within the timeframe set forth therein (cuRently 180 to 120 days prior to expiration of the then-cuRent ferm). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current apprcation, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect spec'rfic reporting periods mandated by the ACC. Section 4. Section 15. "Insurance" of Ordinance No. 5951 is amended to read as follows; A. The Grantee shafl procure and maintain foc the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection wifh the performance of the work hereunder 'by the 6enstAtaPAGrantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automotiile Liability insurance covering afl owned, norr owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shal{ be written on Insurance Services Office (tS0) foRn CA 00 01 or a subsfitute form providing equivalent liability coverage. If nece.ssary, the policy shall be endorsed to provide confractual liability c:overage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000, general aggregate and a $2,000,000 products-completed operations aggregate limit. Coverage shall be written on.,1S0 occunence form CG 0001 and shall cover liability arising from premises, operations, , roducts-completed operations, skq--~--tiahiti#~and personal injury and advefising injury : The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03. 1185. There shafl be no endorsemerrt or modification of the Commerciat General . Liabitity insurance for liability arising from explosion, collapse, or underground property damage. The City shafl be namedincluded .as an additional 'rnsured under the Grantee's Commercial General Liability insuranoe policy with : respect to the work perFormed under this Public Way Agreement using ISO Atlditional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Ordinance No. 6328 August 26, 2010 Amendatory Renewal PWA 10-11 Page 2 of 5 - 20101104001878.004 Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professionaf Liability insurance with limits no less than $1,000,000 per claim for all professionats ernplayed er-re~~y Grantee to perform services under this Public Way Agreement. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance poticies are to contain, or be endorsed to confain, the following provisions for Automobile Liability. Professional Liability, and . - Commercial General Liability insurance: 1. The Grantee's insurance coverage shafl be primary insurance as respects the City. Any insurance, self-insurance, or insurance poof coverage maintained by the City shalf be in excess of the Grantee's insurance and shail not contribufe with it. 2. The Grantee's insurance shall sevefage-sqa#-not be cancelled by eit#eF paF"xoept after thirty (30) days' prior written noti , has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a currentA.M. Best rating of not less than A:VII. D. Verification of Coverage. Grantee shall fumish the City with . documentatian of insurer's A.M. Best rating and with original certficates and a. copy of amendatory endorsements, including but not necessarify limited to the additional insured endorsement; evidencing the insurance requirements of the . Gensultant Grantee before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above required insurance. Any such self insurance is subject to approval by the City:, Secfion S. Acceptance of Amendments A. This Amendment and any rights granted hereunder shall not become effective for any purpose untess and until Grantee files with the City Clerk the Statement of Acceptance, attached hereto as Exhibit °A°, and incorporated by reference. The date that such Statement of Acceptance is filed Ordinance tVo. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 3 of 5 . . 20101104001878.005 with the City Clerk shatl be the effective date of the renewal, which the City has assigned "PWA 10-11 B. Should the Grantee fail to fife the Statemenf of Acceptance with the City. Clerk within 30 days after the effective Date of tfie ordinance approving the Amendatory Renewal, said renewal and corresponding agreement will automatically terminate and shall be null and void. Section 6. Implementation The Mayor is hereby authori2ed to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Seyerability The provisions of this ordinance are declared . to be separate and severabte. The invatidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereaf to any person or circumstance shali nat affect'the validity of the remainder of this ordinance, or the validity of its app{ication ta other persons or circumstances.. Sectiore 8. Effective date This Ord'mance shall take effect and be in force five days from and after its passage, approval and publication as required by law. . OCT - 41010 INTRODUCED: PASSED: OCT -.4 2010 APPROVED: OCT - 4 2010 Peter 6. Lewis MAYOR ATTEST: f za_j~ Danielle E. Daskam, City Clerk ,a ► Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 4 of 5 20101104001878.006 APPROVED AS TO fORM: ' Dan ei , City Attomey Pubiished: Ordinance No. 6328 August 26, 2010 Amendatory Renewal PWA 10-11 Page 5 of 5 20101104001878.007 EXHIBIT "A" STATEMENT OF ACCEPTANCE AT&T Corporatian, for itself, its successars and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of the Public Way Agreement attached hereto and incorparated herein by this reference. [G rantee] ~ . ~ oG o By. z Dafe: l~ ~ • - -r Name: A. S: Richardson Title: Senior Tech Project Manager STATE OF Geo rQ ' I Q } ss . . . COUNTY OF C7 LV i!1l12`~ On this 61_ day of O; , 2010, before me the undersigned, a Notary Public in and for the State of Q r ` duly commissioned and swom, personallY aPPeared, - ' of , the company that executed the-within. and foregoing instrument, and ackno ledged the said instnument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal an the date hereinabove set forth. Signature ' . ~~~~~~u'~~~,,~ ~ M. Kno ~ J • 'mo ~p i NOTARY PUBUC in and for the State of w~: ~v s cf= . g ~b~ . o M residingat L~.rP,vtPEr~r~ MY COMMISSION EXPIRES: 7-1141~ • . . ~~i~ ~j~ ' . Ordinance No: 6326M Cw i~i August 26, 2010 Amendatory Renewal PWA 10-11 Page 1 of 1