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Home My WebLink About2926 1 RESOLUTION NO 2 9 2 6 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 4 AUBURN PARTICIPATION AGREEMENT WITH M A SEGALE FOR THE PURPOSE OF SHARING THE COST OF THE CONSTRUCTION OF A FENCE 5 ALONG COMMON PROPERTY LINES 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 8 Section 1. The Mayor and City Clerk of the City of 9 Auburn are hereby authorized to execute Auburn Participation 10 Agreement with M A SEGALE for the purpose of sharing the cost 11 of the construction of a fence along common property lines A 12 copy of said Agreement is attached hereto, designated as 13 Exhibit "A" and incorporated by reference in this Resolution 14 Section 2 . The Mayor is hereby authorized to implement 15 16 such administrative procedures as may be necessary to carry 17 out the directives of this legislation 18 DATED and SIGNED this 16th day of March, 1998 19 CITY OF AUBURN 20 ((�� 21LC?tDc "� 22 CHARLES A BOOTH MAYOR 23 24 25 26 Resolution No 2926 March 9, 1998 Page 1 1 ATTEST 2 3 /`lu-u ' C„ lril 4 Danielle E Daskam, City Clerk 5 6 7 8 APPROVED AS TO FORM 9 10 �n✓" \ 11 Michael J Reyno ds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2926 March 4, 1998 Page 2 AUBURN PARTICIPATION AGREEMENT This Agreement made and entered into this /7 day of Q 1998 , by and between the City of Auburn, a municipal corporation of the State of Washington, hereafter called the CITY and M A SEGALE, whose address is 18010 Southcenter Parkway, Tukwila, WA 98138 , hereafter referred to as SEGALE WHEREAS the CITY has on the 4a- day of 6,,t-ckj 19f7, approved the execution of this Agreement with SEGALE above and referring to facilities described herein; and NOW THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN, THE PARTIES AGREE AS FOLLOWS I SEGALE SEGALE has constructed 2 , 782 lineal feet of seven-foot high chainlink fence on the common property line between the real property owned by La Pianta Limited Partnership and property owned by the City of Auburn (Water Utility) Map showing said properties and common fencing is attached hereto as Exhibit A II FACILITIES The fence which has been constructed by SEGALE herein is as shown in the attached Exhibit A, incorporated nerein by these references The fence has been constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type III AMOUNT OF REIMBURSEMENT SEGALE shall receive $11, 240 . 00 including Washington State Sales Tax which is one half the cost of the fence construction for the common property lines IV OWNERSHIP OF FACILITY SEGALE has constructed and shall continue to own the facilities described in Section II of this Agreement, which facilities have been approved by the CITY as satisfactory Participation Agreement/SEGALE EXhlblt „AC February 1998 Resolution No 2926 Page 1 of 4 VI CONSTITUTIONALITY OR INVALIDITY If any section, subsection, clause or phrase of this Agreement is for any reason held to be invalid or unconstitutional , such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Agreement , as it being hereby expressly declared that this Agreement and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional Participation Agreement/SEGALE Exhibit "A" February 1998 Resolution No 2926 Page 2 of 4 CITY OF AUBURN aMie5 ra . a04e M A Y O R C I T Y kdLa C L E R K STATE OF WASHINGTON) ) ss County of King I certify that I know or have satisfactory evidence that Charles A Booth and Danielle E Daskam were the persons who appeared before me, and said persons acknowledged that they signed this instrument , on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of such parties for the uses and purposes mentione in this instrument Dated x}/2cf' /7, /511 0,,..�A ,�� /m�ra f1 B36fhe// F+, . riG1if,Q. ?1"- *d nor, Y OA Notary Public in and for the cn 0 PLLL.., ,� 2: State of Washington,ington, Residing 11<, o,=a 0`� At ��- e0 C •. OF 6s;" My commission expires /d- /-97 Exhibit "A" Participation Agreement/SEGALE Resolution No. 2926 February 1998 Page 3 of 4 SEGALE: BY BY TITLE President TITLE STATE OF WASHINGTON) ) ss COUNTY OF KING On this 12.. day of ''f \o cf , 19 92 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M . A . Sa cas., XXX to me known to be the President ZiiiINK fXN# XXXittWXXXX*X of M . A , SLgc .s ) _v,)c the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation Witness my hand and official seal hereto affixed the day and year first above t i en, O%G E L. • %%`1p�1' of,da_Q__QN • o \\OT4Ry . �, • `" ' PUBLIC r s NOTARY PUBLIC IN AND FOR THE STATE OF vJ`• oFC i s. 19;.V'��-' WASHINGTON, RESIDING AT 3�, OP WASs%r MY COMMISSION EXPIRES tZ.1(5101`j DH/bd Attachments REF H \ENGINEER\E98\E98-169 Participation Agreement/SEGALE Exhibit "A" February 1998 Resolution No 2926 Page 4 of 4 ?_e_S a-' M.A. SEGALE, INC. ® GENERAL CONTRACTORS March 13, 1998 Ms. Darcie Hanson Utilities Technician Public Works Department CITY OF AUBURN 25 West Main Auburn, WA 98001-4998 RE. Fencing on adjoining property lines Dear Darcie: Enclosed is a signed original AUBURN PARTICIPATION AGREEMENT as you requested. Please make sure once the original is dated and signed, we get a complete copy I've enclosed a pre-addressed envelope for your use in sending it to us. Very truly yours, M A. SEGALE, INC. I Laur •�Is Start Enclosu es P O BOX 88050 • 18010 SOUR-CENTER PARKWAY • TUKWILA,WASHINGTON 98138 • TELEPHONE (206)575-3200 • FAX (206)575-3207 223-01-SE-GA-LM A372NO An equal opportunity employer RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINANCE NO DATE ADOPTED. 0(O/T d RESOLUTION NO. c22.°?! EFFECTIVE DATE. RECORDING FILE. CODE BOOK. DEPARTMENT DISTRIBUTION. ?DEPT f« CONTACT it. ," DATE CITIZEN REQUESTS ;NAME ". :" ADDRESSez=' _DATE 4 -e-ftceel 4.44.A/H. 1-1 ZA0 F CLERK\RECORDS\RECFORM CitY or fr: :■ CHARLES A BOOTH,MAYOR AUBURN CITY CLERK Danielle Daskam,City Clerk „ 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk „ City Clrk:(253)931-3039 Tame Bothell. Records/License Clerk ��$�I!� Business Registration:(253)931-3007 Fax:(253)288-3132 `has, s,"C 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. 2926 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2926 ” I certify that said Resolution No 2926 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 16th day of March, 1998. Witness my hand and the seal of the City of Auburn this 25th day of March, 1998. /‘. 1.0 Danielle Daskam, City Clerk City of Auburn if A CITY OF AUBURN AGENDA BILL APPROVAL FORM !Agenda Subject: Resolution No. 2926 I Date:3/12/98 Department: Attachments: Budget Impact: Public Works Map $11,240.00 Administrative Recommendation: City Council adopt,Resolution•No. 2926. Background Summary' Authorizes the execution of a Participation Agreement with M.A. Segale for one half the cost of the construction of 2,782 lineal feet of seven-foot high chainlink fence on the common property line between Coal Creek Springs property owned by the Water Utility and property owned by I a Pianta, LP W0316-2 PW/C A3.16.9 Reviewed by Council Committees & Commissions Reviewed by Departments & Divisions. — Arts Commission COUNCIL COMMITTEES _ Airport — M&O _ Hearing Examin. _ Finance — Building _ Mayor _ Human Resources — Municipal Services — Cemetery _ Parks — Library Board _ Planning & CD — Finance — Personnel — Park Board X Public Works _ Fire — Planning Planning Comm. _ — Legal _ Police Other > Library X Public Works Approved _ Call for Hearing _/ /_ Referred to Until _/_/_ Committee Approval Yes No Tabled Until / / Councilmember Wagner Staff.Currie Meeting Date: March 16, 1998 Item Number VII B.2 Page. 1