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Home My WebLink About2999 1 RESOLUTION NO. 2 9 9 9 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AUBURN PARTICIPATION AGREEMENT WITH ST MATTHEW'S CHURCH, FOR 4 THE PURPOSE OF SHARING THE COST OF CONSTRUCTION OF THE WATER FACILITIES FOR PROJECT NO FAC0018-98 5 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 ST MATTHEW'S CHURCH, for the purpose of 11 sharing the cost of construction of the water facilities for 12 Project No FAC0018-98 A copy of said Agreement is attached 13 hereto, designated as Exhibit "A" and incorporated by 14 reference in this Resolution 15 Section 2 . The Mayor is hereby authorized to implement 16 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation 19 DATED and SIGNED this 2nd day of November, 1998 20 21 CITY OF AUBURN 22 23 Q $ 44 CHARLES A `BOOTH 24 MAYOR 25 26 ------------------------ Resolution No 2999 October 15, 1998 Page 1 1 2 ATTEST 3 4 5 G��W D eZjjj� Danielle E Daskam, 6 City Clerk 7 8 9 APPROVED AS TO FORM 10 12 Michael J Reynolds, 13 City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 ------------------------ Resolution No 2999 October 15, 1996 Page 2 AUBURN PARTICIPATION AGREEMENT for DEVELOPER'S EXTENSION ST MATTHEW'S CHURCH (FAC0018-98) This Agreement made and entered into this o2 `y day of A/Odeov�ar , 19Q, by and between the City of Auburn, a municipal corporation of the State of Washington, hereafter called the CITY and ST Matthew's Church whose address is 123 L Street NE,Auburn, WA. 98002, hereafter referred to as DEVELOPER. WHEREAS the CITY has on the 244 day of �J o v er.4-e✓ , 191L, approved the execution of this Agreement with the DEVELOPER above and referring to facilities described herein; and NOW therefore, in consideration of the conditions and covenants herein, the parties agree as follows: I. DEVELOPER The above-described DEVELOPER is the record OWNER of real property legally described as shown on Exhibit A attached hereto. The real property described is also known as the ST Matthew's Church, or parcel 098200-0075 Map showing said property is attached hereto as Exhibit B. II. FACILITIES The facilities which will be constructed by DEVELOPER participation with the CITY herein are as shown in the attached Exhibit B, incorporated herein by these references, and processed as Developer Public Facility Extension, Extension herein referenced as FAC0018-98,originals on file at the office of the City Engineer. The facilities will be constructed in accordance with the ordinances and requirements of the CITY governing the construction specifications for facilities of such type, and will have to be approved by the City Engineer. III. AMOUNT OF REIMBURSEM .NT Water facilities: The DEVELOPER,his successors, heirs and assigns, agrees that the amounts which the CITY is reimbursed from the DEVELOPER as specified in this Section of this Agreement,represents a fair pro rata share participation for the construction of the water facilities described in Section 11 of this Agreement. Any DEVELOPER proceeding to perform work,which is potentially eligible for CITY participation,prior to execution of this Agreement proceeds at his/her own risk. Exhibit "A", Resolution No. 2999 --------------------------------------------------------------------- Participation Agreement Developer's Extension for St Matthews July 1998 Page I of 7 The DEVELOPER and the CITY agree to participate in the design, engineering, and construction of a total of 900 linear feet of waterline from Main Street to 3°' Street NE along L ST NE. The DEVELOPER shall perform the design and engineering services for 900 linear feet of waterline. The DEVELOPER agrees to be responsible for 20%of the total project cost including design, engineering and construction or$20,000,whichever is less, and the CITY agrees to be responsible for the remainder of the total project cost including design, engineering and construction. The.cost of that portion of the design, engineering and construction to be accomplished at DEVELOPER expense shall be computed from actual accounting records of the DEVELOPER during the course of the design and engineering of the project, and from actual accounting records of the CITY during the contracting for and the construction of the project. Upon completion of the waterline portion of the project, the DEVELOPER shall submit to the CITY, the Design and Engineering contracts and invoices and any other proof of expenditure related to the design and engineering of the waterline portion of the project only It is understood by both parties that interest is not an allowable project cost, therefore cannot be reimbursed. The DEVELOPER shall reimburse the CITY within sixty(60)days of final acceptance of the waterline project, for 20%of the total project cost or$20,000, whichever is less. The DEVELOPER's cost for the design and engineering of the waterline project as determined from the actual accounting records, shall be credited against the amount to be reimbursed to the CITY In no case shall the DEVELOPER be credited for more than 20%of the total project cost, or$20,000, whichever is less. IV OWNERSHIP OF FACILITY The CITY will construct the facilities described in Section II of this Agreement. The facilities will become a part of the municipal system of the CITY All maintenance and operation costs of said facility shall be home by the CITY, except as noted otherwise in FAC0018-98. V HOLD HARMLESS The DEVELOPER will indemnify and save the CITY and the CITY S officials and agents harmless from all claims and costs of defense, arising out of this agreement, as a result of actions, misconduct or breach of contract by ST Matthew's Church, including but not limited to attorney's fees, expert witness fees, and the cost of the services of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions,hearings, -------------------------------------------------------------------- Participation Agreement Developer's Extension for St Matthews July 1998 Page 2 of 7 arbitration proceedings, settlement conferences and trials growing out of the demands and/or actions of property owners incurred in the performance or completion of this Agreement. 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 Developer's Extension for St Matthews July 1998 Page 3 of 7 CITY OF AUBURN � ^ fr MAYOR CITY CLERK STATE OF WASHINGTON) )ss. COUNTY OF KING ) On this d'' 'day of `9Zo�r�r nt,lt�i�rJ , 19 9Lf, before me undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn;personally appeared Charles A. Booth and Danielle E. Daskam, to me known to be the Mayor and City Clerk of the City of Auburn, a municipal corporation, and 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 he is 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 written. a a BE-DT'.�y 1"T:0 t:� ••� min; NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT CA• ,� n ptlBUC,Vn h0: MY COMMISSION EXPIRES !d '0aeas:• a�.�• --------------------------------------------------------------------- Participation Agreement Developer's Extension for St Matthews July 1998 Page 4 of 7 DEVELOPER: BY TITLE. TITLE. Yhol— STATE OF WASHINGTON) )ss. COUNTY OF KING � ) On this �7/�, day of OCJOkei 192sbefore me, the undersigned, a Notary Public in and for the State of Washin on, duly commissioned and sworn,personally �e d Tiiur& k. d,5; tome known to be the and resp ctfvely, of M,ift r w poi ie' Idl a '14 corporation that executed the foregoing instrtunent, 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 written. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING Su�vN ,.u/ WFY MY COMMISSION EXPIRES '0 If Z i I I i r . I� r tl Participation Agreement Developer's Extension for St Matthews July 1998 Page 5 of 7 EXHIBIT A Leua� l Description Lots 1, 2, 3, and 4, Block 2, Thomas G. Sutherland First Addition to Auburn per plat thereof recorded in Vol 42 of Plats at page 41, records of King County; also, Lots 1, 4, 5, 6, 7 and the East one-half of Lot 8, Block 3,David A. Botting Second Addition to Auburn per Plat thereof recorded in Vol 41 of Plats at page 26, records of King County Also known as parcel number 098200-0075. ----------------------------------------------------------------- Participation Agreement Developer's Extension for St Matthews July 1998 Page 6 of 7 EXHIBIT B See attached map labeled Exhibit B DH/bd Attachments REF H:\darcie\stmatthew.doc --------------------------------------------------------------------- Participation Agreement Developer's Extension for St Matthews July 1998 Page 7 of 7 I ' T7T NE 302 H. 121 wc IE EAST ~ RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINANCE NO . DATE ADOPTED: RESOLUTION NO. c, , EFFECTIVE DATE: PUBLICATION„DATE: I , I RECORDING FILE CODE BOOK: DEPARTMENT DISTRIBUTION: n CITIZEN REQUESTS: . • . : x r ^NAME' 'zs „ 4;, R ..- ;ADDRESS`{ F:CIERKAECORDW RECFORM OFFICE OF THE MAYOR CITY ADMINISTRATION Charles A. Booth, Mayor e ' 25 West Main, Auburn, WA 98001 (253)931-3041 Fax:(253)288-3132 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. 2999 of the resolutions of the City of Auburn, entitled 'RESOLUTION NO 2999 I certify that said Resolution No. 2999 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 2nd day of November, 1998. Witness my hand and the seal of the City of Auburn this 21st day of January, 1999 Dana lle Daskam,-City Clerk City of Auburn