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Home My WebLink About3002 1 RESOLUTION NO. 3 0 0 2 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 INDUSTRIAL BOLT SUPPLY, 4 FOR THE PURPOSE OF SHARING THE COST OF CONSTRUCTION OF THE WATER FACILITIES FOR PROJECT NO FAC0002-98 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 INDUSTRIAL BOLT SUPPLY, for the purpose of 11 sharing the cost of construction of the water facilities for 12 Project No FAC0002-98 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 191h day of October, 1998 20 21 CITY OF AUBURN 22 23 ni �� CHARLES A ' BOOTH 24 MAYOR 25 26 Resolution No 3002 October 6, 1998 Page 1 1 2 ATTEST 3 4 5 Danielle E Daskam, 6 City Clerk 7 8 9 APPROVED AS TO FORM 10 11 O 12. '(/�//J� Michael J Reynolds, 13 City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 ------------------------ Resolution No 3002 October 6, 1998 Page 2 AUBURN PARTICIPATION AGREEMENT for DEVELOPER'S EXTENSION OF WATER FACILITIES INDUSTRIAL BOLT (FAC0002-98) This Agreement made and entered into this /9' day of AclW e4,1 19_�t by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter called the CITY and Industrial Bolt whose address is 740 Clay St. NW, Auburn, WA 98001,hereinafter referred to as DEVELOPER. In consideration of the conditions and covenants herein,the parties agree as follows: I. DEVELOPER The above-described DEVELOPER is the OWNER of record of real property legally described as shown on Exhibit A attached hereto and incorporated herein by this reference. The real property described is also known as Industrial Bolt, or King County tax parcel 132104-9048. Map showing said property is attached hereto as Exhibit B and incorporated herein by this reference. II. WATER FACILITIES The facilities which will be designed, engineered and/or constructed by the DEVELOPER herein as shown in the attached Exhibit B, incorporated herein by this reference, and processed as Developer Public Facility Extension, Extensions incorporated herein by this reference as FAC0002-98, originals on file at the office of the City Engineer. The water facilities will be constructed in accordance with all codes, ordinances and conditions of the CITY governing the construction specifications for water facilities. Approval by the City Engineer of the water facility engineered design and subsequently of the completed on-site portion of the water facility must be made before occupancy III. IMURSEMENT Water facilities: The DEVELOPER, his successors,heirs and assigns, agrees that the amounts which the DEVELOPER is reimbursed from the CITY as specified in this Section of this Agreement, represents a fair pro rata share participation for the DEVELOPER'S construction of the water facilities described in Section II 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. 3002 Participation Agreement for Industrial Bolt August 1998 Page 1 of 7 The DEVELOPER and the CITY agree to participate in the design, engineering, and construction of the total of 566 linear feet of waterline from Clay Street to H Street NW The Developer shall perform the design and engineering services for 566 linear feet of waterline. Design, engineering, and construction of 323 linear feet from approximately Clay Street to the east property line shall be at the DEVELOPER's expense. Design and engineering and construction of approximately 243 Linear Feet of waterline from approximately the east property line to H Street NW including crossing the Interurban Trail and the St.Paul Pacific Railroad shall be at the CITY°s expense. The cost of that portion of the design and engineering to be accomplished at City expense shall be determined from actual accounting records of the DEVELOPER during the course of the project, and shall clearly indicate the incremental cost to the DEVELOPER for the City's share of the work. In no case shall the cost of the City's portion of the projects design and engineering exceed current engineers estimate of$11,500.00. Upon completion of the on-site portion of the project, acceptance by the City, provision of a Bill of Sale, and a One Year Maintenance Bond, the DEVELOPER shall submit to the CITY when requesting payment, the Engineering and Design Contracts, the Engineering and Design Invoices and any other proof of expenditure related to the design, engineering and construction of the water facility 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 receive reimbursement for the allowable project cost for the water facilities within sixty(60) days of submittal, based on a final estimate, as determined by the City Engineer. IV OWNERSHIP OF FACILITY The DEVELOPER will construct the facilities described in Section II of this Agreement, which facilities will have to be accepted by the CITY once compliant with all codes, ordinances and conditions required by the CITY The facilities shall become a part of the municipal water facility system of the CITY Upon acceptance of the project except as noted otherwise in FAC0002-98, all maintenance and operation costs of said facility shall be borne by the CITY V HOLD HARMLESS The DEVELOPER shall indemnify, defend, and hold harmless the CITY and the CITY'S officials and agents from all claims, injuries, damages, losses, or suits of any nature whatsoever, and costs of defense, arising out of this agreement, as a result of actions, misconduct or breach of contract by Industrial Bolt, including --------------------------------------------------- Participation Agreement for Industrial Bolt August 1998 Page 2 of 7 of engineering and other personnel who's time is reasonably devoted to the preparation and attendance of depositions,hearings, 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 INVAi.M 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 for Industrial Bolt August 1998 Page 3 of 7 ( CI,(T�Y OF AUBURN e MAYOR CITY CLERK 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 arties for the ses and purposes mentioned in this instrument. Dated �o-a i- 9 Tmara 4 ogolhisll NOTARY m;� ' Notary PubliV�}in and fo the State of Washington residing at 4CGVta,-. ;y�o�r Pus uC19� fp=? My appointment pires /6 - 9- 97 ��'o�'��WASN��J�• ---------------------------------------------------- Participation Agreement for Industrial Bolt August 1998 Page 4 of 7 DEVELOPER: BY --�r7 BY Q TITLE. tAo f ITLE. STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that and i f%QL- it I&A / — is/are the person(s)who appeared before ate, and said individual(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and es mentioned in this instrument. Dated jin " EkA �O :OQ� = 5 �Q o "`'gLC •o= Notary Publi 'n and for the to of W shington -�sT �Fe UAR� gry�� residing at My appointment expires .I --------------------------------------------- Participation Agreement for Industrial Bolt August 1998 Page 5 of 7 EXHIBIT A Legal Description THE NORTH 150 FEET OF THE EAST 290 FEET OF THE NORTHEAST''/.OF THE NORTHWEST''/,OF SECTION 13,TOWNSHIP 21 NORTH,RANGE 5 EAST,W.M.KING COUNTY,WASHINGTON. ALSO DESCRIBED AS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,TOWNSHIP 21 NORTH,RANGE 4 EAST, WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SECTION 13 WITH THE WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF THE PUGET SOUND ELECTRIC RAILWAY WHICH POINT IS APPROXIMATELY 96.8 FEET WESTERLY FROM THE NORTHEAST CORNER OF SAID EAST HALF OF NORTHEAST QUARTER OF NORTHWEST QUARTER OF SAID SECTION 13, RUNNING THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF SAID PUGET SOUND ELECTRIC RAILWAY,A DISTANCE OF 150 FEET TO A POINT, THENCE WESTERLY ON A LINE PARALLEL WITH THE NORTH LINE OF SAID EAST HALF OF NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTIONI3,A DISTANCE OF 290 FEET TO A POINT,THENCE NORTHERLY ON A LINE PARALLEL WITH THE WESTERLY BOUNDARY LINE OF THE RIGHT OF WAY OF SAID PUGET SOUND ELECTRIC RAILWAY,A DISTANCE OF 150 FEET,MORE OR LESS,TO THE NORTH LINE OF SAID SECTION 13, THENCE EASTERLY ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 13 A DISTANCE OF 290 FEET,MORE OR LESS TO THE POINT AND PLACE OF BEGINNING; EXCEPT THAT PORTION,IF ANY,LYING WITHIN LOT 2 OF SHORT PLAT NUMBER SP-4-79,RECORDED UNDER RECORDING NUMBER 7909250815,IN KING COUNTY, WASHINGTON;EXCEPT THE EAST 15 FEET TO THE AND THE NORTH 150 FEET OF THE EAST 15 FEET PARCEL NUMBER 132104-9048. ---------------------------------------------------- Participation Agreement for Industrial Bolt August 1998 Page 6 of 7 EXHIDIT B See attached map labeled Exhibit B DD/bd Attachments REF H:\FAC\FACO2811\E98-805 ---------------------------------------------------- Participation Agreement for Industrial Bolt August 1998 Page 7 of 7 ^ tv rA INTEPUPBAN TRAIL tv ST PAUL PACIFIC IRAILROAD Atdxtrn WITHIN CITY OF AUBURN INDUSTRIAL BOLT - FAC0002- 98 KING CCUN� WASHINGTON PARTICIPATION AGREEMENT SEPTEMBER 1998 CHARLES A BOOTH,MAYOR At CITY CLERK Danielle Daskam,City Clerk A 25 West Main, Auburn,WA 98001 Cathy Richardson,Deputy City Clerk City Clerk:(253)931-3039 Tamie Bothell,RecordsUcense Clerk - Business Registration:(253)931-3007 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. 3002 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 3002." 1 certify that said Resolution No. 3002 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 19th day of October, 1998. Witness my hand and the seal of the City of Auburn this 18th day of November, 1998. `Danielle Daskam, City Clerk City of Auburn RECORDS MANAGEMENT ORDINANCE/RESOLUTION DISTRIBUTION ORDINA CE;NO:. DATE ADOPTED;: RESOLUTION NO. _� 5�0 O EFFECTIVE DATE., PUBLICATION DATE: " P.U, RECORDI _ NG..FILE -„CODE BOOK. . -. .... - - - DEPARTMENT DISTRIBUTION: ONTACT rya.:r .' �.�.`. - �w�. .. .,: - DATE - CITIZEN REQUESTS. - NAME. _.. ADDR ,::.:DATE::',.'; F:CLERKIRECORDSIRECFORM