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HomeMy WebLinkAbout2840 a "., r 7 1 c d 1 RESOLUTION NO 2 8 4 0 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY 4 OF AUBURN, TO EXECUTE AN AGREEMENT FOR ARTWORK BETWEEN THE 5 CITY AND TIMOTHY SICILIANO TO PROVIDE A SCULPTURE FOR METRO' S 15TH STREET NE PARK & RIDE SITE 6 7 WHEREAS, an artist is selected through a procedure 8 approved by the Auburn Arts Commission to design, execute, 9 fabricate and install an artwork in a public space located at 10 11 15th Street NE Park & Ride site within the City of Auburn 12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 13 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 14 RESOLVES AS FOLLOWS 15 Section 1, The Mayor and City Clerk of the City of 16 17 Auburn, Washington, are hereby authorized to execute an 18 Agreement for Artwork between the City and TIMOTHY SICILIANO 19 to provide a sculpture for the METRO' S 15th Street NE Park & 20 Ride site A copy of the Agreement is attached hereto, 21 designated as Exhibit "A" and incorporated by reference in 22 23 this Resolution 24 25 26 Resolution No 2840 April 15, 1997 Page 1 1 Section 2 The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 4 out the directives of this legislation 5 DATED and SIGNED this 21st day of April, 1997 6 7 CITY OF AUBURN 8 @-VICM-k-> () -J-8AR 11 CHARLES A BOOTH MAYOR 12 13 ATTEST 14 15 17 Robin Wohlhueter, City Clerk 18 19 APPROVED AS TO FORM 20 21 11L& iAc5L 22 ' Michael J Reynolds, 23 City Attorney 24 25 26 Resolution No 2840 April 15, 1997 Page 2 O8IGll'AL SUN 0 ti 1997 CITY En AUBURN AN AGREEMENT FOR ARTWORK CIT Ot "KS OFFICE This Agreement is made and entered into this J— day of Om W, , 19 97 by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation of the State of Washington herein referred to as CITY and TIMOTHY SICILIANO, 1807 E. JEFFERSON, SEATTLE, WA 98122, (206) 323 8703), herein referred to as ARTIST WHEREAS, the CITY desires to contract with ARTIST to provide a sculpture for the METRO's 15th Street NE Park & Ride site; and WHEREAS, the ARTIST was selected by the CITY through a procedure approved by the Auburn Arts Commission to design, execute, fabricate and install an artwork herein referred to as the WORK in a public space located at 15th Street NE Park & Ride site, in Auburn, herein referred to as the SITE, and WHEREAS, the ARTIST has agreed to perform the work in an artistic professional manner; WHEREAS, both parties wish to promote and maintain the integrity and clarity of the ARTIST'S ideas and statements as represented by the WORK. NOW THEREFORE, THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS ARTICLE I. SCOPE OF SERVICES. 1.1 GENERAL A. The ARTIST shall perform all services and furnish all supplies, material, and equipment as necessary for the design, execution, fabrication, transportation, and installation of the work at the site, except as noted in section 1 4 B The WORK is described as follows: A free standing painted steel sculpture with a ball element placed on a concrete base, and 4 (four) bus shelter weathervanes made of steel. Agreement-Timothy Siciliano Resolution No.2840 April 30,1997 Page 1 Work shall be subcontracted by artist with Fabrication Specialties Limited who will fabricate the free standing steel sculpture; the artist will fabricate the ball and weathervanes. 1.2 PROPOSAL A. The ARTIST shall approach the construction of the work in accordance with the proposed model which was presented by the ARTIST to the Selection Committee and which was approved by the Auburn Arts Commission on 13 January, 1997 1.3 EXECUTION OF WORK A. The ARTIST and the CITY agree that the following schedule for completion and installation of the work shall be followed. The installation of the work shall take place on a weekday The ARTIST shall notify the CITY two (2) weeks prior to installation as to the date for installation. The city shall notify METRO of installation date. The ARTIST shall fabricate, transport, and install the work in accordance with this schedule. The work shall be completed and installed by 31 October, 1997 B The City shall have the right to review the work at reasonable times during fabrication. C. The ARTIST shall complete the fabrication and installation of the work in substantial conformity with the Proposal. D The ARTIST shall present to the CITY in writing for further review and approval any significant changes in the scope, design, color, size, material, or texture of the work not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture, or location on the site of the work which affects installation, scheduling, site preparation or maintenance for the work or the concept of the work as represented in the Proposal. Agreement-Timothy Sicilian --- Resolution No 2840 Apn130,1997 Page 2 1.4 DELIVERY AND INSTALLATION A. The ARTIST shall deliver and install the completed work at the site in compliance with the schedule set forth in section 1.3 B Should the work be completed prior to the schedule set forth in Section 1.3 the ARTIST shall store the work at his own expense. A revised installation date shall be agreed upon by the CITY and the ARTIST C. Site installation shall be prepared by the ARTIST with METRO and CITY approval. D During installation, the artist shall secure the site and ensure the safety of the public and the work. 1.5 POST-INSTALLATION A. The CITY will provide photo documentation of the work for CITY files. B The ARTIST shall be available at such time or times as may be agreed between the CITY and the ARTIST to attend any presentation ceremonies relating to the transfer of the work to the CITY The CITY shall use its best efforts to arrange for publicity for the completed work. C Upon installation of the work the ARTIST shall provide to the CITY written instructions for appropriate maintenance and preservation of the work. 1.6 FINAL ACCEPTANCE A. The ARTIST shall advise the CITY in writing when all services required prior to those described in Section 1.5 have been completed in substantial conformity to the stated Proposal. B The CITY shall notify the ARTIST of its final acceptance of the work. 1.7 RISK OF LOSS Agreement-Timothy Siciliano Resolution No.2840 April 30,1997 Page 3 The risk of loss or damage to the work shall be borne by the ARTIST until final acceptance, and the ARTIST shall take such measures as are necessary to protect the work from loss or damage until final acceptance. 1.8 INDEMNIFICATION The ARTIST agrees to indemnify, defend, and hold the CITY, its agents, representatives, and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature arising out of the performance of the work and the obligations contained in this Agreement on the part of the ARTIST, his agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 1.9 TITLE Title to the WORK shall pass to the CITY upon final acceptance. The WORK shall be called "The Equine Amusement" 1.10 OWNERSHIP of DOCUMENTS, MODELS. Upon final acceptance, all studies, drawings, designs, and models prepared and submitted under this Agreement shall be returned to the ARTIST and shall belong to the ARTIST 1.11 INSURANCE. The ARTIST agrees to obtain and maintain during the time period that the work is being installed on the CITY'S premises, comprehensive liability insurance in minimum amounts of not less than ONE MILLION DOLLARS ($1,000,000) per occurrence to protect the CITY, its agents, officers and employees from any claims by any person for damage to persons or property arising out of or resulting from the performance of this Agreement during the time that the work is being installed on the CITY'S premises. The insurance policy shall name the CITY OF AUBURN as additional insured. The policy shall require a Agreement-Timothy Sicilian Resolution No.2840 April 30,1997 Page 4 minimum of thirty (30) days prior written notice to the CITY of any cancellation or expiration of the policy or any modification of any provisions of the policy The ARTIST shall be required to provide a Certificate of Insurance to the CITY prior to commencing performance under the terms of this Agreement. 1.12 INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the ARTIST is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 FEE The CITY shall pay the ARTIST a fixed fee of$23,000.00 (twenty three thousand dollars and no cents) which shall constitute full compensation for all services and materials to be performed and furnished by the ARTIST under this Agreement. The fee shall be paid in the following installments: A. $5,000 upon final execution of this Agreement in recognition of services conducted by the ARTIST to execute this Agreement. B $8,000 upon initial fabrication and inspection by CITY of steel sculpture, ball element and weather vanes. C. $5,000 upon 50% of the fabrication and inspection by CITY of steel sculpture, ball element and weather vanes. D $5,000 upon successful installation and acceptance of work. Agreement-Timothy Sicilian° Resolution No.2840 April 30,1997 Page 5 2.2 TAXES The ARTIST is responsible for payment of all local, state, and federal taxes which may be due from his as a result of performance under this contract. 2.3 ARTIST EXPENSES A. The ARTIST shall be responsible for the payment of all shipping charges, the costs of transporting the work to the site, the costs of all travel by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this Agreement, and all other expenses related to the performance of this Agreement. B The ARTIST shall submit a budget for this project to the CITY upon acceptance of this contract. ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the work as proposed by the ARTIST and approved by the CITY pursuant to Section 1.3 provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY ARTICLE 4. WARRANTIES 4.1 WARRANTIES OF TITLE The ARTIST represents and warrants that: (a) the work is solely the result of the artistic effort of the ARTIST, (b) except as otherwise disclosed in writing to the CITY, the work is unique and original and does not infringe upon any copyright; (c) the work has not or a Agreement-Timothy Sicilian Resolution No.2840 April 30,1997 Page 6 duplicate thereof, has not been accepted for sale elsewhere; and (d) the work is free and clear of any liens from any source whatever 4.2 WARRANTIES OF QUALITY AND CONDITION The ARTIST represents and warrants, except as otherwise disclosed to the CITY in writing and in connection with submission of the Proposal, that the execution and fabrication of the work will be performed in a workmanlike manner; and the work as fabricated and installed, will be free of defects in material and workmanship; and reasonable maintenance of the work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the ARTIST The warranties described in this section shall survive for a period of three (3) years after the final acceptance of the work. The CITY shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the CITY, and at no cost to the CITY, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards. ARTICLE 5. REPRODUCTION RIGHTS. 5.1 GENERAL The ARTIST retains all rights under the Copyright Act of 1976 and all other rights in and to the work except ownership and possession and except as such rights are limited by this Section. In view of the intention that the work in its final dimension shall be unique, the ARTIST shall not make any additional exact duplicate, three-dimensional reproductions of the final work nor shall the ARTIST grant permission to others to do so except with the written permission of the CITY The ARTIST grants to the CITY and its assigns an irrevocable license to make representative photographic reproductions of the work for non-commercial purposes, including but not limited to reproductions used in brochures, Agreement-Timothy Sicilian Resolution No.2840 April 30,1997 Page 7 media publicity, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the work. 5.2 NOTICE All reproductions by the CITY shall contain a credit to the ARTIST in the following form: "The Equine Amusement" 1997 Timothy Siciliano. 5.3 CREDIT TO THE CITY The ARTIST shall use his best efforts to give a credit reading substantially, "An original work owned and commissioned by the City of Auburn, Washington" in any public showing under the ARTIST'S control of the reproductions of the work. ARTICLE 6. ARTIST'S RIGHTS. 6.1 IDENTIFICATION The CITY will provide a bronze plaque to be delivered to the ARTIST prior to installation. The ARTIST shall provide to the CITY specified plaque dimensions six (6) weeks pnor to the installation. The plaque shall be installed by the artist simultaneously with the work. 6.2 MAINTENANCE The CITY recognizes that maintenance of the work on a regular basis is essential to the integrity of the work. The CITY shall make reasonable efforts to assure that the work is properly maintained and protected, taking into account the instructions of the ARTIST provided in the maintenance agreement and shall make reasonable efforts to protect and maintain the work against the ravages of time, vandalism, and the elements. 6.3 REPAIRS AND RESTORATION Agreement-Timothy Siciliano Resolution No.2840 April30,1997 Page 8 The CITY shall have the right to determine when and if repairs and restorations to the work will be made. During the ARTIST'S lifetime, the ARTIST shall have the right to approve all repairs and restorations, PROVIDED, HOWEVER, that the ARTIST shall not unreasonably withhold approval for any repair or restoration of the work. If the ARTIST unreasonably fails to approve any repair or restoration, the CITY shall have the right to make such repair or restoration. 6.4 ALTERATION OF THE WORK OR OF THE SITE A. The City agrees that it will not intentionally damage, alter, modify or change the work without the prior written approval of the ARTIST METRO will notify the CITY of any changes in site. The CITY will contact the ARTIST and advise him of such changes. B. The CITY shall notify the ARTIST of any proposed alteration of the site that would affect the intended character and appearance of the work and shall consult with the ARTIST in the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity of the work. However, the CITY reserves the right to relocate the work should changes occur which affect the intended character of the work at the site located at METRO'S 15th Street NE Park and Ride. C. Nothing in this Section shall preclude any right of the CITY to remove the work from public display If the CITY shall at any time decide to destroy the work, it shall by notice to the ARTIST offer the ARTIST a reasonable opportunity to recover the work. 6.5 PERMANENT RECORD The CITY shall maintain on permanent file a record of this Agreement and of the location and disposition of the work. 6.6 ARTIST ADDRESS Agreement-Timothy Sicilian Resolution No.2840 Apri130,1997 Page 9 The ARTIST shall notify the CITY of changes in his address. The failure to do so, if such failure prevents the CITY from locating or notifying the ARTIST where required under the terms of this Agreement, shall be deemed a waiver by the ARTIST of the right subsequently to enforce those provision of this Article 6 that require the express approval of the ARTIST ARTICLE 7 NON-DISCRIMINATION The ARTIST shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap. ARTICLE 8. NOTICES My notice required or permitted under this Agreement may be personally served or given in writing and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: Josephine Emmons CITY OF AUBURN 25 West Main Street Auburn, WA 98001 Timothy Siciliano 1807 E. Jefferson Seattle, WA 98122 Either party may by like notice at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. ARTICLE 9. TERMINATION Agreement-Timothy Sicilian Resolution No.2840 April 30,1997 Page 10 If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner or otherwise violate any form of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. In the event of default by the CITY, the CITY shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, models, and other work products under this Agreement shall become the CITY's property The CITY shall compensate the ARTIST for all work as performed prior to termination. Notwithstanding, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the ARTIST and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. ARTICLE 10. GENERAL PROVISIONS A. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. B. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. C The non-prevailing party agrees to pay all reasonable costs, attorneys fees and expenses that may be incurred by the substantially prevailing party in enforcing the provisions of this Agreement. D In the performance of the work the ARTIST agrees to comply with all applicable state and local laws, rules and regulations. Agreement-Timothy Sicilian Resolution No.2840 April 30,1997 Page 11 CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST ea&Ad- 606Litatuft Robin Wohlhueter, City Clerk APPROVED AS TO FORM. VaLaiLOA Michael J Reynolds City Attorney ARTIST I -.. j_______j_l___,_, Timothy Sici 'ano Tax # 535 66 6625 Agreement=timothy Sicilian Resolution No.2840 April 30,1997 Page 12 STATE OF WASHINGTON ) )ss COUNTY OF IVt On this r-r1,.. day of Ju.vt¢_ 19 before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Iiyvl1 Sal CotO , to me known to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be eher free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. lal 401"r *; 1 NOTARY6UBLIC irTTW the State of Washington, residing in .Qr c\f„ 4y�gptP� MY COMMISSION expires: 5 - 1q-CO •,........»...., Agreement-Timothy Sicilian Resolution No.2840 April 30,1997 Page 13 STATEMENT OF MAINTENANCE To assist maximum life of the artwork, the work of art commissioned under this contract should be maintained in accordance with the following procedures: Agreement-Timothy Sicilian Resolution No 2840 April30,1997 Page 14 STATEMENT OF TECHNICAL DESCRIPTION OF WORK To include all materials, construction process, and any technical procedures: Agreement-Statement of Technical Description-Resolution No. April 30,1997 Page 15 PUBLIC REPORT FORMAT To help facilitate the understanding of works of art within the City of Auburn the ARTIST'S intent in creating this piece of work is; Agreement-Public Report Format-Resolution No. April 30,1997 Page 16 a' • CITY OF AUBURN INTEROFFICE MEMORANDUM TO Josie Emmons, Cultural Programs Manager FROM: Robin Wohlhueter, City Clerk C,4-6-0L—/ SUBJECT Resolution No. 2840 Agreement for Artwork with Timothy Siciliano DATE. May 19, 1997 The Auburn City Council adopted Resolution No 2840 on April 21, 1997 authorizing an Agreement for Artwork between the City and Timothy Siciliano to provide a sculpture for Metro's 15th Street NE Park & Ride site. Attached is a copy of Resolution No. 2840 together with the original Agreement. The Agreement now requires the signature of Mr Siciliano. Please obtain the signature of Mr Siciliano, and return the original agreement to me for filing with Resolution No. 2840 Thank you for your assistance. RW dd Attachment File: 05.1.3 ,n e.„. 4/q / /q f:1clerk1cont\RES2840 L)�r y j ,.� DATE IMM/DD%YYI 4 9 GERT[FICATE t3 `L A.B L TIf DNS 10/13/1997 -Uo '" .. (-HIS O R LA t IS IS EU AS A MA tR OF F ORMATION ad'ouc�R (206)363-1110 FAX (206)363-2044 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR 1.0740 Meridian i Insurance Associates THIS CERTIFICATE DOES DEDBYTTHEPOLICIESBE OW. ;eatt e, Avenue N, #210 COMPANIES AFFORDING COVERAGE Battle, WA 98133 COMPANY CNA etttn: Jim Devers Ext: A INSURED COMPANY Commercial Union Insurance Company Fabrication Specialties, LTD B 527 S Portland Street COMPANY Seattle, WA 98108 C COMPANY D Q9I NDIICCA�D,NOTWITHSTANDINGANYIREQUIRE REQUIREMENT TERM ORCONDIITRNOFAN CONTRAATOROTHERDOOCUMEIDT3UJEC THIS • . OR THE POLICY PERIOD RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION LIMITS CO rypE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDOIYV) LTR GENERAL LIABILITY GENERAL AGGREGATE 3 2,000,000 • X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG $ 2,000,000 CLAMS MADE X OCCUR PERSONAL S ADV INJURY $ 1x000,000 2/07/1998 EACH OCCURRENCE $ 1,000,000 OWNER S S CONTRACTOR'S PROT FIRE DAMAGE(Any ono pre) 3 50,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO 1,000,000 ALL OWNED AUTOS SOOILY INJURY 3 (Per person) SCHEDULED AUTOS B1 55762076 02/07/1997 02/07/1998 A HIRED AUTOS BODILY INJURY 3 (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ •AUTO ONLY EA ACCIDENT I GARAGE LIABILITY OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ EXCESS LIABILITY AGGREGATE $ 1 I WHIM LA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT f THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT $ PARTNE RSIEXE CU TIVE EL DISEASE EA EMPLOYEE 3 OFFICERS ARE' , EXCL OTHER Inland Marine - $135,000 Limit of Liability B Contractors Equipment CAM975029 09/15/1997 09/15/1998 subject to a 1% deductible "All Risk coverage DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS Evidence of coverage Timothy Siciliano's Artwork GERTIFIpATE H©�nR CANCT.. . .. dN SRDULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Auburn BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn, Josie Emmons OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. A u W Main AUTHORIZED REPRESENTATIVE jse W 1:14rt �nn Auburn,, Wa 98001, WA 98001 A Jim Devers/ALLE2 `A ACORD'25•S (1/98) .: ACORD CORPORATION t98B CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001 Dam Daskam, Deputy City Clerk City Clerk.(253)931 3019 Tame Bothell,Records/License Clerk /Business Registration:(253)911-3007 Fax (253)288-3132 ashing�° STATE OF WASHINGTON) ss. COUNTY OF KING I, Danielle Daskam, 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 2840 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2840 " I certify that said Resolution No 2840 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 21st day of April, 1997 Witness my hand and the seal of the City of Auburn this 20th day of October, 1997 /Qa , z Danielle Daskam, City Clerk City of Auburn