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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
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Resolution No 2751 Exhibit "A"
Emerald Downs
June 12, 1996
Page 9 [a-edowns]
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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
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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.