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HomeMy WebLinkAbout2751 I�& 1 RESOLUTION NO. 2 7 5 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 4 AN AGREEMENT BETWEEN EMERALD DOWNS/NORTHWEST RACING AND THE CITY OF AUBURN TO PROVIDE FOR AUBURN FIREFIGHTER STANDBY ON 5 SELECTED EVENT DATES AS REQUIRED IN CITY OF AUBURN ORDINANCE 6 NO 4689 , PARAGRAPH 9D 7 WHEREAS, Ordinance 4689 provides for a Conditional Use 8 91 Permit to construct and operate a thoroughbred horse racing 10 facility; and 11 WHEREAS, Paragraph 9 (D) provides that agreement be 12 reached between the Clty and the thoroughbred racing facility 13 to provide for Auburn Firefighter standby on selected event 14 15 dates 16 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 17 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 18 RESOLVES AS FOLLOWS 19 Bat-a-1. The Mayor and City Clerk of the City of 20 21 Auburn, Washington are herewith authorized to execute an 22 Agreement with Emerald Downs/Northwest Racing for Auburn 23 Firefighter standby on selected event dates as provided in 24 City of Auburn Ordinance No 4689 , Paragraph 9D, for the 25 26 Resolution No 2751 June 11, 1996 Page 1 A 1 purposes provided therein A copy of said Agreement is 2 attached hereto, denominated as Exhibit "A" , and made a part 3 hereof as though set forth in full herein 4 5 Section 2 The Mayor is hereby authorized to implement 6 such administrative procedures as may be necessary to carry 7 out the directives of this legislation A DATED and SIGNED this 17th day of June, 1996 9 CITY OF AUBURN 10 11 12 kLAtr,_> 13 CHARLES A BOOTH 14 MAYOR ATTEST 15 16 17 e " " `)(it/G27 u / 61- Robin Wohl ueter 18 City Clerk 19 APPROVED AS TO FORM 20 21 40 Q R 02� 22 Michael J Reynolds, 23 City Attorney 24 25 26 Resolution No 2751 June 11, 1996 Page 2 Og/694v AGREEMENT THIS AGREEMENT made and entered into this /I day of June, 1996 , by and between the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, (hereafter referred to as "AUBURN") , and EMERALD DOWNS/NORTHWEST RACING ASSOCIATES , 350 29TH NW, Auburn, WA 98001 (hereafter referred to as "EMERALD DOWNS") W I T N E S S E T H WHEREAS, Ordinance 4689 provides for a Conditional Use Permit to construct and operate a thoroughbred horse racing facility; and WHEREAS, Paragraph 9 (D) provides that agreement be reached between the City and the thoroughbred racing facility to provide for Auburn Firefighter standby on selected event dates; and WHEREAS, the major concern for the Fire Department has been identified as those racing dates where attendance is projected to exceed 9 , 800 people As such, a "dedicated" Resolution No 2751 Exhibit "A" Emerald Downs June 12, 1996 Page 1 [a-edowns] unit would be provided under this Agreement On general racing dates, an "in-service" unit may be provided I. PURPOSE The purpose of this Agreement is to comply with Paragraph 9D of Ordinance 4689 which provides for a Conditional Use Permit to construct and operate a thoroughbred horse racing facility Section 9, "Fire and Emergency Services" contains Paragraph 9D which states D In lieu of participating in the purchase of a new ladder truck, the proponent may employ one or more qualified persons, as required and approved by the Fire Chief, to be on duty at all events (See Section 25 117 of the 1991 Uniform Fire Code) At least two EMT' s approved by the Fire Chief and compensated by the proponent shall be present at each event Up to eight fire personnel may be required for peak attendance days The amount of staffing and their responsibilities shall be determined by the Fire Chief Resolution No 2751 Exhibit "A" Agreement Emerald Downs June 12, 1996 Page 2 [a-edowns] II TERM OF AGREEMENT The term of this Agreement shall be the time period of the 1996 racing season at Emerald Downs The City of Auburn Fire Department agrees to meet with Emerald Downs officials to assess the 1996 program and determine the scope of the 1997 program III SCOPE OF SERVICES A There will be three Firefighters and a vehicle at those events that exceed a capacity of approximately 9, 800 people in the grandstand This unit will be dedicated to the track for a period of approximately 4-6 hours We have identified 18 dates and anticipate four more B There may be two or more Firefighters and a vehicle at all other race dates on an in-service basis The assignment of these crews will be at the discretion of the Auburn Fire Department This unit will be able to respond to other emergencies within the City Resolution No 2751 Exhibit "A" Emerald Downs June 12, 1996 Page 3 [a-edowns] 5 The opening weekend shall have a dedicated unit and an in-service unit as outlined above 6 The City will schedule personnel and shall develop a list of dedicated personnel as assigned All personnel issues concerning Auburn Fire Department personnel shall be managed by the Fire Department Administration IV TRAINING A All Firefighters subject to assignment shall receive baseline training on duties and responsibilities while serving at the Track Personnel serving as dedicated units will be provided additional specialized training on fire protection systems within the complex This training will be provided by the Emerald Downs Fire Marshal using the checklist concept as approved by the Auburn Fire Department B The Fire Department shall develop a standard operating guideline regarding duties and responsibilities for Fire Department personnel assigned to Emerald Downs Resolution No 2751 Exhibit "A" Agreement Emerald Downs June 12, 1996 Page 4 [a-edowns] V PAYMENT FOR SERVICES Payment for all Fire Department personnel will be processed by the City EMERALD DOWNS agrees to pay $13 , 500 to AUBURN for these services The first half will be paid to AUBURN within 60 days of a signed agreement and the remainder within 90 days of the signed agreement Any payments made by Emerald Downs for service from "dedicated units" would be reviewed, pro-rated and returned if the service is terminated VI TERMINATION OF AGREEMENT The Fire Department reserves the right to end the overall program if it proves to be unnecessary VII GENERAL PROVISIONS A The Fire Department also reserves the right to revise, adjust and/or terminate the "in-service" assignment of apparatus, if it proves to be unnecessary B For matters concerning the subject of this Agreement, the initial contact for the Auburn Fire Resolution No 2751 Exhibit "A" Emerald Downs June 12, 1996 Page 5 [a-edowns] Department will be Fire Marshal Wayne Senter and the initial contact for Emerald Downs will be Ray Caldwell C No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default D This Agreement shall not be changed or modified nor any provision hereof waived except in writing agreed to by both parties E This Agreement shall be construed in accordance with any and all questions with respect hereto by the laws of the State of Washington F Either party agrees to pay all reasonable costs, attorneys fees and expenses that may be incurred by the other party who substantially prevails in enforcing the provisions of this Agreement VIII SEVERABILITY In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable Resolution No 2751 Exhibit "A" Agreement Emerald Downs June 12, 1996 Page 6 (a-edowns) provision, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable DATED this ! /7 day of June, 1996 CITY OF AUBURN C r/es ci 204) CHARLES A BOOTH MAYOR ATTEST 414O Notkiitzu Robin Wohlhueter, City Clerk Resolution No 2751 Exhibit "A" Emerald Downs June 12, 1996 Page 7 [a-edowns] APPROVED AS TO FORM 111P1 (RvJL)1\ Michael J Reynolds, City Attorney EMERALD DOWNS/NORTHWEST RACING ASSOCIATES BY • • • C' DWELL DIRECTe• FIRE AND SEC •ITY Resolution No 2751 Exhibit "A" Agreement Emerald Downs June 12, 1996 Page 8 [a-edowns] STATE OF WASHINGTON ) ) ss COUNTY OF KING qq ) On this j"( l-C1 day of Junes , 1996 , before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared RAY CALDWELL, Director, Fire and Security of EMERALD DOWNS/NORTHWEST RACING ASSOCIATES, who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said business for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said business IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth `ttt ocA AI J.II / ti � VVV `.` PS `SSiON f+A �� o`r�07ARr? n NOTARY PUBLIC in and for the tate u " = of Washington, residing in €47b' ) NA PUBLiG r2 b it.i 9T 01 28-98 C�p```� MY COMMISSION expires /.�S/� o ''''.O%!11 A oeV Resolution No 2751 Exhibit "A" Emerald Downs June 12, 1996 Page 9 [a-edowns] <,itv op CHARLES A. BOOTH, MAYOR 7 i AUBURN CITY ATTORNEY MmMel J RgnoleP, e slant Al Lay Auburn M chic nmm2q s City m oily Attorney 1 5 Wes(Main, Auburn,WA 98001 Kenn C cwl,ver,PM1�memal Civll:(206)931 3030 Criminal:(206)804 3108 Line.s otr[mtky,Fnneculnr Fax (206)931 3053 -Sh fir STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2751 of the resolutions of the City of Auburn, entitled "RESOLUTION NOII I certify that said Resolution No 2751 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 17th day of June, 1996. Witness my hand and the seal of the City of Auburn this 1st day of July, 1996 e Robin Wohlhueter City Clerk City of Auburn CITY OF AUBURN /Gt., INTEROFFICE MEMORANDUM TO Bob Johnson, Fire Chief FROM: Robin Wohlhueter, City Clerk l� SUBJECT Emerald Downs/Northwest Racing Agreement for Firefighter Standby DATE. June 18, 1996 HAND DELIVERED TO BOB JOHNSON BY SHELLY WERNER At the Council meeting last night Resolution No. 2751 was approved authorizing an Agreement between Emerald Downs/Northwest Racing and the City of Auburn of Auburn to provide for Auburn Firefighter standby on selected event dates. The Agreement complies with Ordinance No 4689 providing for the Conditional Use Permit, Section 9, Paragraph 9D As we discussed, you will obtain a notarized signature from the appropriate official at Emerald Downs/Northwest Racing on the original Agreement. Once Emerald Downs/Northwest Racing has signed the Agreement, you will returned it to me to finalize. Attached please find an unsigned copy of Resolution No. 2751 as adopted by the City Council, and the original Agreement.