HomeMy WebLinkAbout11-05-2012 Agenda Modification � �-�*
C['tY OF —�"�'' *
� WASH WGTON
FINANCE COMMITTEE
November 5, 2012
AGENDA MODIFICATION
The November 5, 2012, Finance Committee meeting agenda published on
Friday, November 2, 2012, is mod�ed as follows:
IV DISCUSSION ITEMS
The following item is added for discussion.
H. Municioal Utilitv Services on Muckleshoot Indian Trust Land"
* InterofRce Memorandum
CITY oF _*.�_ � Engineering Divisfon
WASHINGTON
To: City Council Members
Pete Lewis, Mayor
From: Dennis Dowdy, Public Works Director
Date: November 5, 2012
Re: MUNICIPAL UTILITY SERVICES ON MUCKLESHOOT INDIAN TRIBE TRUST
LANDS
Staff has been working with the Muckleshoot Indian Tribe (MIT)to develop an agreement to
provide Gity utiliqr services to trust lands. The MIT is proposing to develop various trust
properties irrto single fem'ily homes and these future homes will need water, sewer, storm, and
solid waste services. The trust lands are within City limRs and within City utility service areas. A
special agreePnent is required because the City's police powers do not extend onto tribal lands
due to MITs status an as sovereign nation therefore depriving the City its normal ability to
manage its utility systems. Consequently,the MIT must agree to allow City utility services be
instalied, operated, and maintained on trust lands. Furthermore, the MIT must agree to provide
a mechanism to address delinquent utiiity accounts since fhe City cannot lien trust lands for
payment collection. The following dreft utility extension agreement and draft ordinance define
the terms by which the MIT and the City will install, operate, and maintain utility service on trust
properiy
H.WN COMMffTEEWpenEO Bllb antl AMUmsnulll-Ob1]VAIT PWC msmo.EOa
AU$URN* MORE THAN YOU IMAGINED
NEW SECTION
8.08.175 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers recelving solid waste
util'rty services are receiving such services at property for which the City has the right to lien the property
for non-payment of utiliry services. The utility rates for such customers shall be as set forth in Section
8.08.180 of the City Code.
NEW SECfION
8.08.182 Non-lienable property class of utility customers.
A. There is hereby created a class of utfliry customers where the customers receiving solid
waste utility services are receiving such services at property for which the City does nat have the right to
lien the property for non-payment of utility services.The utility rotes for such customers shall be as set
forth in Section 8.08.180 of the City Code; Provided that the City can also colled a Utility Services
Deposit as described as follows:
1. The dollar amount of four(4) months of the current solid waste rate for level of service
requested;and
2. The sum of the current rate forthree(3)late fees, per Ciry Code.
8. For the purposes hereof, "non-lienable property' means property which is owned ar
held by a governmental or non-governmental entity in such a way that k is immune from utility lien
collection efforts of the City.
NEW SECTION
8.08.183 Waiver of deposit for non-lienable property class of utility customers-Appeal.
A. In connection with the Utiliry Servtces Deposit for the non-lienable property class of
utility customers as described in Sedion 8.08.182 of the City Code,the Finance Diredor is authorized to
grant a full or partial waiver to said util'tty customer from the deposft requirement where special
humanitarian or heaRh circumstances exist with resped to said utility customers receipt of utility
servfces.The Finance Director shall have the sole discretion to grent such waivers,and determine if they
shall be full or partial waivers where such circumstances are found by the Finance Director to exist. If the
waiver is grented,no deposit or only a reduced deposit shall be required.
B. ff any person or entity has applied for a waiver of the DeposR requirement and has been
denied the requested waiver, such person or entity may appeal the decision denying the requested
waiver by filing with the City Clerk a notfce of appeal, which notice of appeal must be recefved by the
City Clerk within thirty (30) days of the decision denying the requested waiver. The Appeal shall be
based solely on whether special humanRarfan or heaRh circumstances exist with respect to the utility
customer's receipt of utilfty services, and shall be heard by a panel of department directon of the Qty
(excluding the Financer Director) appointed by the Mayor. The decision of the panel,of department
directors shall be final,and no further appeals shall be allowed.
NEW SECTION
8.08.184 Regulations and requirements same for both classes of utility customers.
Other than the utll'tty retes and deposits set forth in Sections 8.08.175 through 8.08.183 of the
City Code, all other regulations and requirements in this Chapter af the City Code shall be the same for
all classes of utility customers, unless the context of the provisions clearly indicates atherwise.
NEW SECfION
13.06355 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers receiving water utility
services are receiving such services at property for which the City has the right to lien the property for
non-payment of utility services. The utility retes for such customers shall be as set forth in Section
13.06.360 of the City Code.
NEW SECTION
13.06.364 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the customers receiving water
utility services are recelving such services at property for which the C'rty does not have the right to lien
the property for non-payment of util'tty services.The utility retes for such customers shall be as set forth
in Sedion 13.06360 of the City Code; Provided that the City wn also collect a Util'm/Services Deposit as
described as follows:
1. The dollar amount of Four (4) months of the current water base rate plus the cost of
estimated measure of ccYs(commodity use) during this time frame;and
2. The sum of the current rate for three (3) late fees, one (1) shut off fee, and one (1)
meter removal fee.
B. For the purposes hereof, "non-lienable property" means property which is owned or
held by a governmental or non-governmental entity in such a way that it is immune from util'rcy lien
collectian efforts of the City.
NEW SECTION
13.06.366 Waiver of deposit for non-lienable property class of utility customers-Appeal.
A. In connection with the Utility Services Deposft for the non-lienable property class of
utility customers.as described in Section 13.06.364 af the Clty Code, the Finance Director is authorized
to grant a full or partial waiver to said utility customer from the deposit requirement where special
humanitarfan or health circumstances exist wkh respea to said utility customer's receipt of utility
services.The Finance Director shall have the sole discretion.to grent such waivers, and determine if they
shall be full or partial'waivers where such circumstances are found by the Finance Director to exist. If the
waiver is granted, no deposft or only a reduced deposit shall be required.
B. If any person or entiry has applied for a waiver of the Deposit requirement and has been
denied the requested waiver, such person or entity may appeal the decision denying the requested
waiver by filing with the City Clerk a notice of appeal, which notice of appeal must be received by the
City Clerk within thirty (30) days of the decision denying the requested waiver The Appeal shall be
based solely on whether special humanitarian or heakh circumstances exist with respect to the utiliry
customers receipt of utility services, and shall be heard by a panel of department directors of the City
(excluding the Financer Director) appointed by the Mayor The decision of the panel of department
directors shall be flnal,and no further appeals shail be allowed.
NEW SECf10N
13.06.368 Regulatfons and requiremenu same for both ctasses of utility customers.
Other than the utility retes and deposlu set forth in Sections 13.06.355 through 13.06.366 of
the City Code,all other regulations and requiremenu In this Chapter of the City Code shall be the same
for all classes of utility eustomers,unless the context of the provisions clearly indicates otherwise.
NEW SECTION
13.20.438 Lienable property class of utility customers.
There B hereby created a class of utility customers where the customers receiving sewer util'ity
services are receiving such services at property for which the C'rty has the right to lien the property for
non-payment of utility services. The utility retes for such customers shall be as set forth in Section
13.20.440 of the City Code.
NEW SECTION
13.20.444 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the customers recelving sewer
util'rty services are receiving such services at property for which the City does not have the right to lien
the property for non-payment of util'ity services.The utitlty rates far such customers shall be as set forth
in Section 13.20.440 of the City Code;Provided that the Ciry wn also collect a Utility Services Deposit as
described as follows:
1. The dollar amount of Four (4) months of the current City sewer rate and King County
Wastewater treatment rate based upon the level of service. Non single family services will base deposit
on the base rete plus flow rates. Estimated flow rete wili be calculated from the estimated measure of
ccPs used to calculate the water portion af the deposit;and
2. The sum of the current rete for three(3)late fees per City Code,and one(1)shut off fee
and one(1) meter removal fee'rf applicable.
B. For the purposes hereof, "non-lienable property" means property which is owned or
held by a govemmental or non-governmental entity in such a way that it is immune from utility Iien
collecHon efforts of the City.
NEW SECTION
13.20.446 Waiver of deposit for non-lienable property class of utility customers-Appeal.
A. In connectian with the Utility Services Deposit for the non-lienable property class of
utility customers as described in Section 13.20.444 of the City Code,the Finance Director is authorized
to grant a full or partial waiver to sald utiliry customer from the deposit requirement where special
humanitarfan or heafth circumstances exist with respect to said utility customer's receipt of utility
services.The Finance Director shall have the sole discretion ta grant such waivers, and determine if they
shall be full or partial waivers where such circumstances are found by the Finance Direaor to exist. If the
waiver is granted,no deposit or only a reduced deposit shall be required.
B. If any person or entiry has applied for a waiver of the Deposit requirement and has been
denied the requested waiver, such person or entiry may appeal the decision denying the requested
waiver by filing with the City Clerk a notice of appeal, which notice of appeal must be received by the
Ciry Clerk wkhin thirty (30) days of the decision denying the requested waiver The Appeal shall be
based solely on whether special humanitarian or heahh circumstances exist wRh respect to the util'tty
customer's receipt of utility services, and shall be heard by a panel of department directors of the City
(excluding the Financer Director) appointed by the Mayor The decision of the panel of department
directors shall be final,and no further appeals shall be allowed.
NEW SECTION
13.20.448 Regulations and requiremenu same for both classes of utility customers.
Other than the utility rates and deposits set forth fn Sections 13.20.438 through 13.20.446 of
the City Code, all other regulations and requirements in this Chapter of the Clty Code shall be the same
for all dasses of util'Ry customers,unless the context of the provisions clearly indicates otherwise.
NEW SECI'ION
13.48.085 Lienable property class of utility customers.
There is hereby created a class of utilfty customers where the customers receiving storm
drainage utility services are receiving such services at property for which the City has the right to lien the
p?aperry for non-payment of utility services.7he utility rates for such customers shall be as set forth in
Seaion 13.48.090 of the City Code.
NEW SECf10N
13.48.094 Non-Ilenable property class of utility customers.
A. There is hereby created a class af utility customers where the customers recelving storm
drainage utility services are receiving such services at property for which the Ciry does not have the right
to Ifen the property for non-payment of utility services. The utiltty rates for such customers shall be as
set forth in Section 13.48.090 of the City Code; Provided that the Ctty can also collect a Utility Services
Deposit as described as follows:
1. The dollar amount of Four(4)months of the current storm drainage utility rete per ESU;
and
2. The sum of the current rete for three(3)late fees,per City Code.
B. For the purposes hereof, "non-lienable propert�' means property which is owned or
held by a governmental or non-governmental entity in such a way that it is immune from utility lien
colleMion efforts of the City.
NEW SECTION
13.48.096 Waiver of deposit for non-lienable property class of utility customers-Appeal.
A. In connection with the Utility Services Deposit for the non-Ifenable property class of
util'rty customers as described in SeRion 13.48.094 of the Ciry Code,the Finance Director is authorized
to grant a full or partial waiver to said utility customer from the deposit requirement where speciai
humanitarian or health circumstances exist with respect to said util'tty curtomer's receipt of utllity
services.The Finance Director shall have the sole discretion to grant such waivers,and determine if they
shall be full or partial waivers where such circumstances are found by the Finance DireMOr to exist. If the
waiver is granted,no deposit or only a reduced deposit shall be required.
B. �f any person or entity has applied for a waiver of the Deposit requirement and has been
denied the requested waiver, such person or entity may appeal the decision denylog the requested
waiver by filing with the Crcy Clerk a notice of appeal, which notice of appeal must be receNed by the
City Clerk within thirty (30) days of the decision denying the requested waiver The Appeal shall be
based solely on whether special humaniWrian or health circumstances exist with respect to the utility
customers receipt of utility services, and shall be heard by a panel of department diredors of the Cfty
(excluding the Financer Director) appointed by the Mayor The decision of the panel of department
directors shail be final,and no further appeals shall be allowed.
NEW SECTION
13.48.098 Regulations and requiremenu same for both classes of utiUty customers.
Other than the utility rates and deposits set forth in Seaions 13.48.085 through 13.48.Q96 of
tlie City Code,all other regulations and requirements in this Chapter of the Ciry Code shall be the same
for ali classes of uttllty customers, unless the context of the provisions clearly indicates othervulse.
Revisions for Discussion 11-1-12
Not Reviewed or Approved bv Any Party
*
CITY OF �` *
* WASHINGTON
MASTER AGREEMENT/PROVISIONS
FOR MUNICIPAL UTILITY SERVICES ON TRUST LANDS
City of Auburn
Engineering Division
Development Section
Public Works Department
25 West Main St.
Aubum, WA 98001-4998
(253) 931-3010
FAX (253) 931-3053
MASTER AGREEMENT FOR MiJNICIPAL UTILITY SERVICES ON TRUST
LANDS
The CITl' OF AUBURN ("City"), and the MLJCKLESHOOT INDIAN TRIBE ("Tribe" -
also Hereafter referred to in this agreement as "Developer'� enter into this Municipal Utilities
Service Agreement ("AgeemenY'), and make the following expressed mutual promises and
covenants regarding the Developer's proposed Public Facility Extension ("Extension(s)").
The City agrees to accept the Extension(s) for operation and maintenance if the Developer, at the
Developer's expense, designs, construcks, conveys and transfers said Extension(s) to the City
pursuant to the tErms and conditions of this Agreement. This Agreement is valid and binding for
the Developer's Extension(s) serving Indian owned lands within the Muckleshoot Indian
Reservation and the City of Auburn's municipal water and sewer service azea.
I. DEFINITIONS
For the purposes of this agreement the terms in this Section shall have the following meanings:
• PubGc Facilities. City sanitary sewer facilities (sewer mains, manholes, and
appurtenances) and water facilities (water mains, service lines between mains and water
meters, meter services including setter, meter and box, fire hydrants,and appurtenances).
• Utility RigLt-of-Way Easement. A nonexclusive perpetual right-of-way easement
on the Property ganting the City the right to operate, maintain, repa'v, replace, improve,
remove, enlarge Public Facilities and ttte right to access the Property for providing Solid
Waste services.
• Indian Property. For the purposes hereof, Indian Property refers to residenUal
properties owned by the Tribe or held in Trust by the Bureau of Indian Affairs (BIA) for
the benefit of the Tribe or individual Indians.
• Utility Services. City water, sanitary sewer, storm drainage, and solid waste services,
pursuant to Chapters 13.06, 13.20, 13.48 and 8.08, respectively, of the Auburn City Code
(ACC)
II. CI1'Y RESPONSIBII.ITIES
Pursuant to the rerms and conditions ofthis agreement the City agrees to:
A. Provide municipal Utility Services to the Property in conformance with City
regulations goveming Utility Services.
B. Comply with the Utility Right-of-way provisions herein.
III. TRIBE RESPONSIBILITIES
Pursuant to the terms and conditions of this agreement the Tribe shall be responsible for the
following:
A. Complying with the Utility Right-of-way provisions herein.
B. Extending Public Facilities in compliance with terms herein.
IV INDIAN PROPERTY RESIDENT RESPONSIBILITIES
Those people who reside on the residential properties of the Tribe and who receive utility
services from the City pursuant to this Agreement shall comply with and be subject to, the ACC
provisions and requirements the consuuction, operation,maintenance, and payment for the above
described Utility Services; and the'v receipt of and eligibiliTy for City Utilities shall be
conditioned on and subject to the foilowing:
A. City Utility Customers who are residents of Indiati Properiy shall, in advance of
the City initiating new City Utility Services or re-initiating previously established City
Utility Service that has been cancelled or suspended for nonpayment, deposit with the
City the amounts of Utility Service Deposits required for City Utilities. T'•°�:
. In the case of Utilit� Customer who are
members of the Trihe whn cannnt pa�� the dcposit amnunt, the"7`rihe will either tender the
amount of thc dcposit(s) to the Cit� or rcqucst that thc Citv arant a full or qartial
��aiver(sl w the Utilirv Customer from the deposit reyuirement hecause of soecial
humanitarian or health circumstances. The Citv shall have the sole discretion to �,r�nt
such waivers. and detennine if thev shall be full or partial waivers. If the waiver is
eranted bv the Cit�, no deposit or only a reduced denosit shall be required.
B. City Utility Customers who are residenu of Indian Property shall agree to pay,
and shall execute documents evidencing such agreement to pay, the urility bills in
accordance with the requirements of Chapter 8.08 [Solid Waste Utility], Chapter 13.06
[Water Utility], Chapter 13.20 [Sewer Utiliry] and Chapter 13.48 [Storm Drainage
Utility] of the Auburn City Code (ACC, - .:a°�' a.,.. ..,..�.:.,,. : .w:.. �.._e,....,,... .._ ��.,,
� �e,l ..I...II . .M,. .. ..M ..F�I.e T.:i.e,.. e e. !'1'c.:_I_fe:_l;b.
�C
� � .
V. EXTENSION FEES
City of Auburn Ordinance No. 5819 amended ACC13.40.OSQ Utility Extension Fees, so that
fees for private streets or private drainage associated with Planned Unit Developments or Gated
Communities can be included in the Facility Extension Fees. The Developer agrees to pay
� The form of[he Agreement for Paymen[of Utilities shall be in a form devised by the City,such as the semple set
forth herein as Exhibit"F°APPLICATION FOR UTILITY SERVICE &DEPOSI'C AGREEMENT,Provided that
the Ciry reserves the right to modify or amend the Agreement as it deems advisable, to accomplish the pwposes
intended.
Agreement for Municipal Utility Savices �
FAC I 1-0OXX Name
Date: ,20
Pege 3 of 32
applicable City Utility Extension Fees as calculated by the City in accordance with applicable
CiTy Codes, generally as indicated herein below in Exhibit D hereto.
The Developer shall also pay reasonable additional fees to the City in the event the City needs to
obtain consulting support services to assist the City when the scope of the Extension is.beyond
the City's normal area oFexpertise or the City's ability to review within a reasonable time.
Furthermore, the Developer is responsible to pay fees associated with the Valley Regional Fire
Authority's (VRFA) review of plans as requested by the City The City will allocate these fees,
as established by the Auburn Fee Schedule; at the time the 40% Extension Fee is submitted. If
eactended review is required additional fees will be collected prior to ConsUVCtion.
VI. CONSTRUCTION DRAWINGS
The Developer shall submit construction drawings("plans") and supporting technical documents
designed and developed by a professional engineer registered in the State of Washington to the
City for review and approval at the time of application.
The plans and supporting materials shall comply with the City of Aubum's Design Standards and
Construction Standards for water, sanitarv sewer, and storm water drainaee utilities. To the
extent that such construction includes «�ork in or abuttin� Citv streets or ri�,hts-ot=wav, the plaris
shall be in compliance with Citv desit;n and cnnstruction standards for Citv strects and ri ht�� s=of-
wav
If design or construction activities on the extension(s) become inactive on the Developer's part
for a period of six months, the City may require the plans be revised to conform to existing feld
conditions, or to meet current Ciry design standards and regulations. The City may also require
the execution of a new Agreement, in which case,this Agreement shall become null and void.
After all plan reviews have been completed and corrections made, and if all other requirements
have been met, the City will request that the Developer/Engineer submit a full set of plans on
mylar for City approval and signature. The DevelopedEngineer shall also submit AutoCAD
electronic files with the mylar The signed mylar shall then be used to make all plan copies for
use during the construction process.
VII. UTILITY RIGHTS-OF-WAY EASEMENT
At the Developer's expense, a nonexclusive perpetual right-of-way easement on the Property
shall be granted to the City giving the City the, right to operate, maintain, repair, replace,
improve, remove, enlarge Public Facilities and the right to access the Property for providing
Solid Waste services. The Utility Right-of-way or Easement shall be in a form acceptable to the
City. Recording of the Utility Right of Way or Easement shall take place upon acceptance by the
City of affected Public Utilities.
Agrcement for Municipal Utility Savices
FACI l-OOXX Name
Dau: ,20
Page 4 of 32
VIII. PAYBACK AGREEMENT
The City may enter into a Payback Agreement, if applicable, with the Devefoper pursuant to the
requirements of RCW 35.91, RCW 35 72, and ACC 12.70 and 13 40.060. The Developer must
submit a comple[e application to the City no later than 90 calendar days of the acceptance of the
facility improvements. The City shall not consider an application for a payback agreement that is
submitted later than 90 days after acceptance of the facility improvements. If the City has agreed
to a warranty acceptance as provided for in Section XIII of this Agreement, the Developer must
file an application for a payback agreement no later than 90 days after the wazranty acceptance
date for Ihose improvemenis accepted under the warranty application, and no later than 90 days
after final acceptance for the remaining.impmvements. After a complete application has been
accepted the City will then work with the Developer to determine the appropriate cost allocation
method and evaluate the eligibility ofthe submitted costs. A standard form ofthe agreement and
an application handout outlining the payback process are available upon request.
IX. INSURANCE
Throughout the period of performance of this Agreement for all construction related activities,
the Developer or Contractor shall carry and maintain commercial general liability insurance with
limits of not less than one million dollats ($1,000,000) per occurrence for bodily injury,
including death, and one million dollars ($1,000,000) per occurrence for property dataage or,
altematively, one million dollars ($1,000,000) pet occurrence combined single limit for bodily
injury and property damage combined, and two million dollars($2,000,000) general aggregate.
This insurance shall be in a form and with an insurer acceptable to the City, and shall contain
coverage for all premises and operation, broad form property damage, conuactual liabiliry
(including without limitation that specificatly mentioned in the Agreement, and products and
contemplated operations insurance.
This insurance shall provide coverage for explosion, collapse, underground excavation, and
lateral support.
Any policy or policies that provide the insurance required in this Agreement shall name the City
as an additional insured on a separate endorsement, to the extent of the contractual obligations
set forth here. If the Contractor, as the Agent of the Developer, provides the required insurance,
then such insurance shall name both the Developer and the City as additional insurad.
Before the beginning of the performance period under this Agreement, the Developer shall
provide for Ciry review and approval, a certificate of insurance reflecting full compliance with
the requiremenu set forth in this Agreement. The certificate shall be kept current and in
compliance throughout the perfortnance period until final acceptance by the City (and for two
years thereafter for producu and contemplated operations liability),and shall provide for 30 days
Agreement for Municipal Utility Services � Y
FAC 11-OOXX Name
Daze: ,20
Page 5 of 32
advance written notice to the City if cancellation or material change adversely affect the interests
ofthe City
Throughout the perfoanance period of the Agreement, the Developer shall cover or maintain
insurance in compliance with the applicable worker's compensation faws, with respect to all of
its respective employees working on or about the facility site, regazdless of whether such
coverage or insurance is mandaiory or merely elective under the law
X. INDEMNIFICATION
The Developer shall defend, indemnify and hold the City, its elected and appointed officials,
employees, and agents harmless from any actions, causes of action, liabilities, claims, suits,
judgmenu, liens, awards, demands, and damages of any kind including, property damage,
personal injury, or death (including any claims brought by employees of the Contractor or any
subconu�actor) arising out of or in connection with the performance of this Agreement,-Ee-t�e
e e��
. xcept for injuries and dama�es caused bv the
neeligence of the Cirv . The City shall be indemnified and held harmless for all expenses, costs
of"litigation, and reasonable attorney's fees, expert witness fees, and costs of services of
engineering and other personnel related to any such action, or incident to establishing the right to
indemnification, to the extent such claims arise from any negligent act or omission or willfiil
misconduct of the Developer, Contractor, any subcontractor, or their employees arising out of, or
in any way related to, their performance of the Agreement, including without limitation the
provision of services, personnel, facilities, equipment, support, supervision, or reviews. The
City's obligadons herein aze subject to judicial, legislazive,and regulatory restrictions beyond the
City's control (Including, but not limited to the Endangered Species Act). The applicant releases
the Ciry from any and all direct or indirect liability or damages related to actions beyond the
City's control and agrees to indemnify and hold the City harmless from any such action
undertaken by any third person or agency based in whole or in part on the improvements or
services provided for herein.
In the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Developer and the Ciry, iu
officers, officials, employees, and volunteers,the Developer's liability hereunder shall be onty to
the extent of the Developer's negligence. The Developer expressly waives any immuniry under
industrial insurance, whether arising from RCW Title 51 entitled "Industrial Insurance" or any
other statute or source as provided in Article IX solely for the benefit of the Ciry and solely to
the extent of the indemnity set forth in this Agreement This waiver has bcen mutually
negotiated by the Parties. The provisions of this section shall survive the expiration or
termination of thisAgreement.
Agreemrnt for Mwicipa]Utitity Services� �^
FACI l-OOXX Name
Date: ,20
Page 6 of 32
The Developer shall, at the City's request, fumish comprehensive evidence that all obligations of
the nature designated in this agreement have been paid, dischazged,or waived.
XI. CONSTRUCTION
All of the following applicable conditions shall be satisfied before a norice to start construction
will be issued to the Contractor:
A. Approved Plans have been copied and distributed to all applicable parties and the
signed original mylars returned to the City(see Article VI herein).
B. Attend a Pre-construction Meeting between the City and the Developer's
contractor
C. Provide a Performance Bond or Assignment of Funds to the City in an amount
and fashion that would adequately cover any work needed in eny City right-of-
way or on City utility lines.
D. Provide Certificate of Insurance to the Ciry naming the City (and Developer if
Contractor supplies ins6rance)as an additional insured(see Article IX herein).
E. Non-Indian Contractors Possess an Active Contractor's Labor& Industry license;
and Indian Contractors Possess an Active Contractor's Labor& Indusiry license if
they are going to do any work in or on the City's right-of-way or City utility lines.
F Provide an Emergency Call List for Contractor and Subcontractors.
G. Obtain a Business License with the City for all non-Indian contractors and
subcontractors when working within the City limits, and for all contractors and
subcontractors who will do any work in or on the City's right-of-way or City
utility lines.
H. Obtain Authorized Construction Period for construction work to be completed
within the existing public right-of-way (see additional information in Article VII
herein), if applicable.
I. For work outside of Auburn's City limits, adequate County permits/approvals
must be in place. The City will apply for the right-of-way permit(s)once plans are
approved.
J If sewer extension, King County Waste Water Treatrnent Division aQproval is
needed.The City will snbmit for approval, once plans are approved.
K. Provide Proof of Contract for Private Utility Rebcates. The Developer
acknowledges the obligation to enter into a sepazate contract, at the Developer's
expensc, to relocate private urility facilities as necessary to comply with City
Standazds where applicable.
Agreement for Municipal Utility Services �
FACI 1-0OXX Name
Date: ,20
Page 7 of 32
The Ciry shall provide pazt-time inspection of the public and private Extension, to assist in
determining that the work and materials meet the City's design standazds and construction
standazds. The City shall also assist the Developer in complying with the present Ciry rules,
regdlatioes, and resolutions and the temis of this Agreement. This assistance dces not relieve the
Developer of responsibility for complying with the plans, specifications, or tertns of this
Agreement, or any rules and regulations imposed by the City,County,or other agencies.
All construction performed by the Developer shall be in compliance with City design and
construcrion standards for water, sanitary sewer and storm draina�e utilities. To the extent that
such wnstruction includes work in or abuttine Citv streets or riahts-of-wav. the work shall be in
comnliance with Ciry desien and construction standards for Citv streets and riehts-of-wav. T'he
Developer shall be responsible for acquiring the City's Construction Standazds and having a
copy on-site during construction.
T'he Developer agrees to comply with all Federal, State, County, and City regulaYions applicable
to the Developer while construMion is in progress in public rights-of-way
For public extensions that include construction within the existing public right-of-way or wotk
on City utility lines, the City shall determine a reasonable time frame in which the Developer
will complete all work within the existing right-of-way, including final clean up.This time frame
shall be the Authorized Construction Period for such work, and it shall be designated in calendar
days and will be determined at the pre-constrvction conference. The Authorized Construction
Period shall start when work first begins on tlus phase of the project or on a daze specific set to
minimize any public inconvenience. If the required work is not completed within the allotted
time, the City will suspend all public and private Extension-related work other than those
activities necessary to complete the required right of way improvemems. If the restoration of the
existing public right-of-way is not completed within the time period defined above, the
Developer agrees that the City may hire an independent contractor to complete the necessary
work and bill the Developer for the actual cosu.
T'he City has the authority to decide all questions regazding the quality and acceptability of the
materials fivnished and of the work performed for the construction of the improvements. T'he
Ciry shall also have the suthority to suspend consVUCtion work, in whole or part, for the failure
of the DevelopedContractor to carry out the work in conformance with Ciry development
� regulations,City construction standards,and approved plans:
The Developer's contractor shall make a written request to the City a minimum of 72 hours in
advance when work is to be performed on Saturdays, Sundays, Holidays, or other than normal
working hours. Written permission from the City shall be required before the contractor is
allowed to work during any such requested hours. Approval of the cortractor's request shall be
Agreement for Municipal Utility Services ��
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Page 8 of 32
dependent on the City's abiliry to provide adequate construction project monitoring during the
requested time.
XII. ACCEPTANCE OF EXTENSION FOR OPERATION AND OWNERSHIP
The City agrees to accept the Extension for operation and ownership upon approval of the
completion of all the facilities and the full compliance of the terms and conditions of this
Agreement, including the following requirements:
A. Approved Maintenance Guazantee(see Section XIII herein).
B. Executed Bill of Sale(see Section XN herein).
C. Certified and Approved Record Construction Drawings on Mylaz& a copy of the
Electronic CAD Drawing File(s)(see Section XV herein).
D. Executed Public Utility Right of Way or Easement (see Section XVII herein and
Exhibit A).
E. Approved Developer Contnbution Document provided for all facilities involving
work in City right-of-way or on City utility lines(see Section XN herein).
F Final Storm Water Site Plan (Report) and Cover Letter. This letter shall address
any changes between the project's original storm water site plan (report) and the
final construction of detention/retention and water quality facilities (see Section
XVI herein).
Upon approval and acceptance,the City shall send a letter to the Developer accepring the system
for ownership and operation.
[f a Payback Agreement is applicable, the Developer will be required to provide the City with
cost data within 90 calendaz days of project acceptance. The City will provide sample cost data
documentation for information.
1'he City shall release the Performance Guarantee, if applicable, to the Developer within 30 days
of the letter of acceptance.
XIII. MAINTENANCE GUARANTEE
Before the City accepts the public portion of the Extension for operation and ownership, the
Developer shall provide a one-year Maintenance Guarantee in the amount of two thousand
dollars ($2,000) or ten percent (10%) of the Ciry's estimated replacement costs of the
improvements, whichever is greater. For some facilities, the Ciry may require the Developer to
provide a Maintenance Guarantee beyond the one-yeaz period. If the Ciry elects to so require, the
CiTy shall noufy the Developer before the start of construction.
Ageement for Municipal Utitity Services
FAC 1 I-OOXX Namc
Date: ,20
Page 9 of 32
Two forms of Maintenance Guarantees are acceptable: l) a MaicRenance Bond or 2) an
Assignment of Funds. Any request to use other forms of Maintenance Guazantee will be
determined on a case by case basis by the City Engineer
The Developer may designate an Agent, such as a contractor or engineer, to provide the required
Maintenance Guazantee to the City In such evmt,the Developer shall remain responsible for the
contractual obligations set forth in this agreement. If the Agent defaults on the Maintenance
Bond, this authorization for designation of an Agent does not preclude the City proceeding to
foreclosure or demanding forfeirive ofthe bond againstthe Developer
The Developer shall bear the expense of the bond. If at any time a surety on any such bond is
declared bankrupt, loses its right to do business in the State of Washington, or is removed from
the list of Surety companies acceptable on Federal bonds, the Developer shall substitute an
acceptable bond or bonds in such form and sum and signed by such other swety or sureties as
may be satisfactory to the City. The Developer shall pay all premiums on these bonds.
The Assignment of Funds will be in a requ'ved amount held in a Financial Institution acceptable
by the City and secured under the use of the City of Auburn Standard Assignment of Funds form.
During this maintenance guazantee period, the Developer shall warrant that the materials and
equipment furnished by the Developer for the Extension are in normal working order and
condition except where abused or neglected by the City. T'he Developer shall guazantee that it
will repair or replace at iu own expense any work or material that proves to be defective dwing
such warranty period.
Two months prior to the end of the maintrnance guarantee period (usually one yeat), the
Developer will be required to have all public sanitary sewa and storm lines cleaned and then
inspected with a remote television unit by an approved firm, at Developer's expense. The video
will then be compazed to the tape made prior to acceptance to ensure that no substantial change
has occurred. T'he City shall then re-inspect the Extension for warranty compliance. If this re-
inspection detertnines that the Extension functions as intended at the time of acceptance,the City
shall release the Maintenance Bond. If the re-inspection ddermines that the Extension is not
functioning as intended at the time of acceptance, the Developer shall replace or repair said
Extension and the City, at iu option, may extend the maintenance period For such replacement or
repair for another one yeaz. After an acceptable maintenance inspection, the Ciry will release the
Maintenance Bond and accept the facility for maintenance.
XIV BILL OF SALE
Before the City accepts the public portion of the Extension for operation and ownership, the
Developer agrees to execute an approved Bill of Sale (the City will prepare this document, once
information is received, for Developer's signature) for the improvemenu that are to be dedicated
to the City The Bill of Sale will provide for the transfer of Ntle of the public portion of the
Extension from the Developer to the City and will further include.the following items:
Agreement for Municipal Utility Savices �
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A. The Developer is the lawful Owner of the public portion of the Extension and it is
free from all encumlirances.
B. The Developer has paid all bills for all labor and material used during
construction of the Extension or has obtained lien wavers from all persons who
have not been paid for their Iabor or material.
C. The Developer has the right to transfer the public poRion of the Extension to the
City for the consideration of incorporation into the City systcm.
D. The Developer will wazrant the public portion of the Extension and defend the
same against lawful claims and demands of all persons for one yeaz from the date
the Bill of Sale is accepted by the City
XV. RECORD CONSTRUCTION DOCUMENTS
Before the Ciry accepts the public portion of the Extension for operation and ownership, the
Developer agrees to provide the City with certified record construction drawings and related
electronic file information.
The Certified Record Construction Drawing comes in a two-step process as follows:
Steo 1: The certified paper(red-line)record drawings for all facilities shall be submitted for
review and approval using the Engineer of Record as the point of contact. These drawings
must accurately reflect all field design revisions made to the Extension during the
construction process. The changes shall be in conformance with the City's record
construction drawing requiremenu, available upon request from the City The revisions shall
be noted on the approved paper plan set.
Steo 2: Once the City approves the certified paper (red-(ine) record dtawings,.then all
required record drawing information shall be clearly shown op the original approved mylars.
The electronic record drawing file shall also be provided at this time.
XVI. FINAL STORM WATER STI'E PLAN(REPORI�
A certified and final storm (drainage) water site plan (report) and cover letter will also be
required. Document the as-constructed changes to the storm improvements, not included in the
original approved report. Record construction document requirements are available upon request
from the Public Works Department.
It is provided, however, that insofar as the Developer provides Low Impact Development, as
defined in the ACC, the Developer shall be crnitled to the fee structurc and adjusenems included
therewith.
Agreemrnt for Mwicipal Utiiity Services
FACI l-00?OC Name
Date: ,20
Page I1 of32
The City and Tribe further agree that should the Tribe in the future desire to provide compazable
municipal garbage service to Indian propeRy within Aubum's utility service azea, the Tribe and
the City will engage in good faith discussions on the discontinuance of City solid waste service
to persons on Indian property eligible to receive tribal gazbage service.
XVII. PUBLIC UTII.ITY RIGHTS OF WAY OR EASEMENTS
The plan approval process may require providing utility rights of way or easements(s) for the
faciliTy extension. 1'he Developer shall provide a legal descriptibn and an eachibit of the affected
properry, an updated title report, plat certifiaate (curtent to within 30 days), or other
documentation acceptable to the City demonstrating its authority to convey a utiliTy right of way
or easement, and documentation of signatory adthoriry (whether representative, individual,
partnership or corporation). All legal descriptions must be signed and stamped by a professional
Land Surveyor. T'he City and Tribe will then draft the required legal documents and retum them
to the Developer for signatures and approva( by the Bureau of Indian Affairs. The signed
documents shall then be returned to the Ciry where, concurrent with Ciry acceptance of the utility
improvements the documents will be sent to the Bureau of Indian Affairs and King County for
recording. If during construction, changes aze made that affect the right-of-way dedication and/or
easement(s), corrections will be made and the documents will be re-recorded.
NOTE.
• King County or Pierce County Recorder's offices require a specific format on submittals.
All attachments submitted shall be provided electronically in the following formats;
Legal Descriptions in MS Word, and Exhibits in AutoCAD. PDF is also acceptable
provided the codnty specific format is followed. All attachments shall be formatted to
8 Yz x 11-inch and S %x x 14-ingh paper size and have a minimum mugin of 1-inch top,
bottom and sides. Use of 8 '/z x 14-inch paper size shall be limited to exhibit attachments.
• Any writing or mazkings, including the notary stamp, which intrudes into the documenYs
margin area, may be cause for the document to be retumed. Original documenu used for
recording shall not be stapled.
XVIII.SERVICE CONNECTIONS
There will be no water meter installation or usage of the public portion of the Extension before
ttte City accepts the Extension for operation and ownership or the Developer has entered into the
Warranty Acceptance of Partial Extension(AlternaYive Process), as described above.
The Developer shall notify the City in writing of any intent to make service connections to the
public portion ofthe E�Rension or any existing City system. No connections to, nor utilization of, �
the public portion of the Extension or any existing City system shall be made without the express
written consent of the City Note that certain other utility permit fees and system development
Ageement for Mwicipal Utility Servicos ��
FAC I 1•OOXX Name
Date: ,20
Page 12 of 32
charges may be required prior to service connection. In addition, the City shall supervise all
service connections.
Connections to and urilization of the pubiic portion of the Extension shall not relieve the
Developer of the obligation to correct defects in labor or materials as provided in the
Maintenance Bond section of this Agreement. All City-authorized connections shall be subject to
the control, use, and operation of the City, which shall be subject to all regulations and
conditions of service.
XIV DEVELOPER CONTRIBUTION DOCUMENTATION
As per ACC 13.40.040, a written statement as to the actual cost of the public utility and street
extension(s)shall be provided at the time the public utility extension(s) is turned over to the City
This is to be turned in on the Developer Contribution Document at the time the Bill of Sale
and/or Record Drawings are turned in. [This section requires fiarther discussion. Note also ACC
13.40.40 does not exist in the version of the City Code available online.]
XX. STATE LAW REQUIREMENTS
Nothing herein shall be construed as to limit the City of Auburn's ability to take such actions as
it dcems necessary to comply with the reqniremenu of state Iaw in implemeating this
Agreement, provided that, nothing herein shall be deemed as granting or expanding the
jwisdiction of the City of Auburn to regulate the use of Indian Iands or Indian activity within the
Muckleshoot Indian Reservation.
XXI.AGREEMENT ALTERATIONS OR AMENDMENTS
No amendment, modification or waiver of any condition, provision or term of this Agreement
shall be valid or of any effect unless made in writing, signed by the party or parties to be bound,
or such party's or parties' duly suthorized representative(s) and specifying with particularity the
nature and e�ctent of such amendment, modification or waiver. Any waiver by any party of any
default of the other party shall not effect or impair any right azising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties under this Agreement.
XXII.ASSIGNMENT BINDING ON SUCCESSORS AND ASSIGNS
Neither parry to this Agreement shall assign any right or obligation hereunder in whole or in
part,without the prior written consent of the other party hereto. No assignment or transfer o$]any
interest under this Agreement shall be deemed to release the assignor from any liability or
obligation under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligazion.
This Agreement shall be binding upon,and the benefts and obligations provided for herein shall
inure to and bind, the parties hereto and their respective successors and assigns, provided that
this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this
Agreement for Mmicipal Utiliry Savices
FACI l-OOXX Name
Date: ,20
Page 13 of 32
Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not
create a contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties, except as provided in Article XXIII.
The tenants and occupants of the residences to be served by the Grantee's utilities shall execute
an agreement agreeing to be bound by the terms hereof, including the provisions of Article XXV,
Goveming Law, and agreeing to comply with the utility payment obligations in accordance with
City of Auburn CiTy Codes.
XXIII. NO THII2D PARTY BENEFICIARIES
This Agreement is solely for the benefit of the Parties and the owners and occupanu of
residences served by City utilities who have executed an agreement to be bound by the terms of
this Agreement. No third party other than an owner or occupant of a residence who has executed
an agreement to be bound by this Agreement shall be entitled to claim or enforce any rights here
under.
XXIV WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other riglits
under this Agreement unless stated to be such in writing signed by an authorized representative
of the party and attached to the original Ageement.
XXV GOVERNING LAW
T'his Agreement and the rights of the parties hereunder, including actions to enforce the terms of
this Agreement and actions to collect monies due as utility payments including utility deposits
provided in connection herewith, shall be governed by the interpreted in accordance with
applicable provisions of the Auburn City Code and the laws of the State of Washington and
venue for any action hereunder shall be in the couRs of King County State of Washington in
which the project is located; provided, however, that it is agreed and understood that any
applicable statute of limitation shall coaimence no later than the final acceptance date of the
Extension or, if the City declines to accept the extension, the date of the letter from the City
declining to accept the Extension.
The Muckleshoot Indian Tribe hereby granu the City of Auburn a limited waiver of the Tribe's
sovereign immunity with respect to claims by the City for the interpretation and/or enforcement
of this Agreement, and/or for any complaints or counterclaims by the City for monetary damages
or equitable relief for any breach of this Agreement, and/or for the enforcement of any such final
judgment in favor of the City entered by any court of the State of Washington regazding such
matters. T'his limited waiver of immunity is solely for the benefit of the City of Auburn for the
purposes stated herein, and the Tribe does not waive its sovereign immunity as to any party other
than the City
Agreement for Municipal Utility Services� � �
FACll-OOXX Name
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Page 14 of 32
XXVI.SEVERABII.ITY AND SURVIVABII.ITY
If any provisions of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental pwpose of this Agreement. To this end, the provisions of
this Agreement are declared to be severable.
In addition to the length of time elements of this agreement remain in force and effect, some
provisions hereof shall remain in full force and effect indefmitely, for as long as urility services
are provided by the Ciry to the properry owned by or under the influence or control of the
Developer, including, but not limited to the obligations to pay City Utiliry Fees and Indemnify
the Ciry per Artide X.
XXVII. ATTORNEY FEES
In the evant of(itigation or other legal action to enforce any rights, responsibilities or obligations
under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and
attorney's fees.
XXVIII. CAPTIONS,HEADINGS AND TTTLES
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particulaz pazagraph or sections to which they apply As used
herein, where appropriate, the singulaz shall include the plural and vice versa and masculine,
feminine and neuter expressions shall be interchangeable. Interpretation or wnstruction of this
Agreement shall not be affected by any determination as to who is the drafter of this Agreement,
this Agreement having been drafted by mutual agreement of the parties.
XXIV ENTIItE AGREEMENT
T'his Agreement with Exhibits A through D contains the entire understanding of the parties
hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter
DATED this day of , 2012.
CITY OF AUBURN
Dennis Selle,City Engineer
Agreement for Munioipal Utility Services �
FAC l l-OOXX Name
Date: ,20
Page 15 of 32
STATE OF WASHINGTON )
)ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis Selle, to me known as the City
Engineer representing the City of Auburn's Departrnent of Public Works, ivho acla�owledged
that he signed this instrument and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in this instrutnent.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Agreement for Mmicipal Utility Services ��
FACI 1-00?OC Name
Date: ,20
Page 16 of 32
SIGNATORY-INDIVIDUALS
DAT'ED this day of , 20_
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
and -- -- is/are the person(s)who appeared before
me, and said iudividuals(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 purposes mentioned in
this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Agreement for Municipal Utility Services �
FAC11-0OXX Name
Da[e: ,20
Page l7 of 32
SIGNATORY-PARTNER
DATED this day of , 20_
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
and is/aze the person(s) who appeared before
me, and said partner(s) acknowledged that he/she/ttiey signed this instrument and acknowledged
it to be his/her/the'v free and voluntary act for the uses and purposes mentioned in this
instrument.
Dated
Notazy Pnblic in and for the State of Washington
residing at .
My appointment expires
----------------------------------------------------
Agreement for Municipal Utility Services
FACI l-OOXX Name
Date: ,20
Page 18 of 32
SIGNATORY-TRIBAL
DATED this day of , 20_
Chairperson
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed this
instrutnent, on oath stated that he/she was authorized to execute tfie instrument and
acknowledged it as the Chairperson of the Muckleshoot Indian Tribe, a federally recognized
Indian tribe,to be the free and voluntary act of such parry for the uses and purposes mentioned in
this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
Agramert for Municipal Utility Services
FACI I-00?IX Name
Date: ,20
Page 19 of 32
SIGNATORY—TAX EXEMPT AGENCY
DATED this day of , 20_
Representative
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
I certify that I Irnow or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the Representative of
-- , a'Taz Exempt Agency, to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
----------------------------------------------------------
Agreement for Municipal Utiliry Services
FACI l-OOXX Name
Daze: ,20
Page 20 of 32
SIGNATORY-LLC
DATED this day of , 20_
Authorized Signature
Authorized Signature
STATE OF )
)ss.
COUNTY OF )
I certify I have know or have satisfactory evidence that
is/aze the
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as the of the
, a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated
Notary Public in and for the State of Washington
residing at
My appointment expires
----------------------------------------
Agreement for Municipal Utility Services
FACI I-OOXX Name
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Page 21 of 32
EI{��BTT A
GRANT UTILITY SERVICES EASEMENT FOR RIGHT OF WAY ON TRUST LANDS
REFERENCE#•
GRANTOR: Tf�MUCKLESHOOT INDIAN TRIBE
GRANTEE. CITY OF AUBURN
SHORT LEGAL. NE '/< SE Y.SEC.20,TWN 21N, RSE
ASSESSOR'S PROPERTY TAX PARCEL. 202105-9001
TRUST ALLOTMENT#• 109-2
Forand in consideration of the CITY OF AUBURN'S Agreement to provide municipal water
sanitary sewer,storm drainage and solid waste services to lou adjacent to this Rigfit of Way, One
Dollar ($1.00) and other valuable consideration in hand paid, TFIE MUCKLESHOOT
INDIAN TRIBE ("Grantor" herein), hereby apportions, conveys and wartants to TI� CTI'Y
OF AUBURN, a Washington Municipality ("Grantee" herein), for the purposes hereinafter set
forth, a nonexclusive perpetual municipal utiliries right-of-way easement over, under, along,
across and tlirough the following described real property(the "Property"herein) in King County,
Washington:
SEE EXFIIBTf'B"ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
Except as may be otherwise set forth herein Grantee's righu shall be exercised upon that portion
of the Property(the"Right-of-Way"herein)described as follows:
SEE EXHIBIT "C"ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
Grantor also conveys to Grantee all of its right, title,.and interest in the water service lines,
meters, valves, and other portions of the water distribution system located within the Right of
Way
1. PURPOSE. In order for the City of Auburn to provide municipal utilides to
properties that are held in Federal Trust status, the parties to this agreement hereby set forth the
terms and conditions that aze required for such services to be provided. Grantee shall have the
right to operate, maintain, repair, replace, improve, remove, eniarge one or more water
distribution or sanitary sewer utility facilities to include but are not limited to underground pipes,
Agreemrnt for Municipal Utility Services � .
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lines, vaults, manholes, meters and valves within the easement defined in Exhibit D for the
purposes of serving the properties described in this agreement.
The Utilities shall be designed and constructed in conformance with the City of Auburn
Design and Construction Standards to secure the payment of all City utility fees & chazges for
existing and new developments on Federal trust lands within the city, the city will establisfi a
security account that will be applicable to all new utility accounts effective with the date of
approval of this agreement.
2. SPECIFIC PROVISIONS. The parties agree to the foliowing terms:
GRANTOR AGREES.
A. The Gtantor agrees to construct all Utilities and upon acceptance by the City,
grant ownership to the Grantee.
B. The Grantor agrees all Utilities shall be designed and constructed in accordance to
City of Auburn Desigm and Construction Standards.
C. The Grantor agrees to obtain all permits and approvals from the Grantee for the
extension of the Utilities including water connection permits, sanitary sewer
connection permits and the execution and compliance with the Public Facility
Extension Agreement.
D. Conservation. Grantor will be responsible for any and all soil and resource
conservation and protection measures, including weed control, on the Iand
covered by the Right-of-Way
GRANTEE AGREES.
A No Compensation; Damages. Grantee owes no compensation to Grantor or any
third parties for the righu herein ganted.
B. Indemnification. Grantee agrees to indemnify the Grantor, against any liability, '
personal injury and property damage to the extent caused by the negligent acu or
omissions of Grantee in the re-construction, maintenance, occupancy or use of the
Right-of-Way by Grantee, its employees, contractors and their employees, or
subconVactors and their employees. Provided, however, that nothing herein shall
require Grantee to indemnify, defend,and hold the Grantor, harmless for any such
liability attributable to the negligence of the Grantor
C. Restoration. Grantee agrees to restore the easement area as nearly as reasonably
possible to their original condition upon the completion of construction or
maintenance activities to the extent compatible with the purpose for which the
Ageement for Municipal Uti]ity Services
FAC I 1-OOXX Name
Date: ,20
Page 23 of 32
I
Right-of-Way was granted; however, Grantee has no obligation for preservation
or repair beyond the area directly impacted by said activities
D. Revocation/Abandonment/Termination. Grantee agrees that upon termination of
the Right-of-Way by mutual consent Grantee shall, be responsible far abandoning
the utility services in place.
3. USE. Grantor reserves the right to use the Right-of-Way for any purpose not
inconsistent with the rights herein granted and Grantee agrees not to interfere with the use of the
lands by or under the authority of the landowners for any purpose not inconsistent with the
primary purpose for which the Right-of-Way is granted; provided, however, Grantor shall not
constrvct or maintain any buildings, structures or other objects on the Right-of-Way Grantor's
use of the Right-of-VJay may include, but is not litriited to, use for an existing or future Tribal or
Bweau of Indian Affairs roadway and for the installation, operation and uansmission of utiliry
services by third parties, including Tribal utilities once by mutual consent the parties agree to
terininate City utility services.
4. ACCESS. Grantee shall have the right of access to the Right-of-Way over and
across the Easement Property to enable Grantee to exercise iu righu hereunder, provided that
Grantee shall reasonably compensate Grantor for any damage to the property caused by the
Grantee in exercise of such right of access. To the extent reasonably practicable, Grantee shall
use Grantor's right of way for such access, and shall utilize portions of the Property outside
Grantor's right of way only when and to the exunt additional access is reasonably necessary or
in the event of an emergency
5. CUTTING OF TREES. Grantee shall have the right to cut or trim any and all
brush or trees or other vegetatioa standing or growing upon the Right-of-Way pursuant to
section 2(e) above. However, any trees upon property outside of this Right-of-Way which, in
falling, could in Grantee's reasonable judgment, be a hazard to Grantee's facilities may not be
cut absent permission of the property owner, except in the case of any overhead facilities, if any,
Grantee reasonably believes an emergency exists that requires the cutting of such trees.
6. SUCCESSORS AND ASSIGNS. Grantee shall have the right to assign,
apportion or otherwise transfer any or all of its righu, benefiu, privileges and interesu arising in
and under this easement. Without limiting the generality of the foregoing, the rights and
obligations of the parties shall inure to the benefit of and be binding upon their respective
successors and assigns.
7 T'ERNIINAITON AND ABANDONMENT. This Right of Way may be
terminated or abandoned as follows:
Agreement for Municipal Utility Services
FACi l-0OXX Name
Date: ,20
Page 24 of 32
A. The rights herein granted shall continue until such time as Grantee ceases to use
the Right-of-Way for a period of two (2) successive yeazs, in which event this
agreement shall terminate and all rights hereunder, and any improvements
remaining in the Right-of-Way shall revert to or otherwise become the property of
Grantor
B. T'he Right of Way may be terminated by mutual consent in a written agreement.
8. GRANTOR'S LIMITED WAIVER OF SOVEREIGN IIVII�IiJNITY. Grantor
voluntarily granu Grantee a limited waiver of its sovbreign immunity, and that of iu officers and
employees acting for the Grantor in their official capaciries, and consents to binding and
mandatory azbitration for the limited purpose of claims by Grantee regazding the interpretation,
implementarion, and enforcement of this Easement, the enforcement of the obligarion to
azbitrate, and the enforcement of any awazd, order or judgment of the arbitrator(s) in any
azbitration authorized by this pazagraph. Grantor consents to suit by Grantee for the purpose of
judicial enforcement of an azbitration award in accordance with this pazagraph in a suit brought
in the United States District Cour[ for the Western District of Washington, az Seattle or, if
jurisdiction is not available in the United States District Court, in the Superior Court of the State
of Washington for King County Grantor agrees that it will not raise sovereign immunity as a
defense in any judicial action brought by Grantee to enforce an azbitrazion award in accordance
with this paragraph. The limited waiver of sovereign immunity set out in this paragraph is solely
for the benefit of Grantee. This agreement is not intended to and shall not be interpreted or
construed to create any righu, benefiu or interests in any person or entity other than the parties
hereto.
DATED this day of , 2012.
GRANTOR:
The Muckleshoot Indian Tribe
By
Title:
Agreement for Municipal Utiliry Services �
FACI 1-OOXX Name
Date: ,20
Page 25 of 32
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 2012, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom,
personally appeared , to me known to be the person
who"signed as of TF� MiJCKLESHOOT INDIAN
TRIBE thaj executed the within and foregoing instrvment, and acknowledged said instrument to
be the free and voluntary act and deed of said TRIBE for the uses and purposes therein
mentioned, and on oath stated that was suthorized to
execute said instrument on behalf of'fHE MUCKLESHOOT INDIAN TRIBE.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
(Signature ofNotary)
(Prira or stamp mm�e of Notary)
NOTARY PUBLIC in and for the State of Washington,
residing at
My Commission expires
Notary seal, text and a[I notations must be iruide l "margins
APPROVAL.
United States Department of the Interior
Bureau of Indian Affairs
Approved pursuant to 209 DM 8,230 DM 1, 3 IAM 4,4a.
BY.
TITLE.
Agreement for Municipal Utility Services
FACi]-OOXX Name
Date: ,20
Page 26 of 32
EXFIIBIT B
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT ATTACHED AND ADDED AS THE NEXT PAGE
Agrcement for Municipa�Utility Services f
FAC 1 I-OOXX Name
Date: 20
Page 27 of 32
EXHIBTf C
SURVEYOR'S EASEMENT AND LEGAL DESCRD'TION
EXHIBIT ATTACHED AND ADDED AS TFIE NEXT PAGE
Agreemrnt for Municipal Utility Services
FACI l-0OXX Name
Date: ,20
Page 28 of 32
E��IT D
PUBLIC FACILiTIES EXTENSION FEES
The Public Facilities Extension Fees shall be generally calculated as follows:2
The extension fee shall be the greater of the sum of the categories (a+b+c+d) as shown below,
for a total of � (the amount of the extension fee shall be as calculated per the
formulas below). T'his fee pays for the detailed plan review, field inspections and other City
Administrative costs accrued during this project. The fee is based on the preliminary plan
information provided by the Developer. The parties agree that the City may require an adjusted
fee in addition to the fee calculated in this saction based on the final improvement quantities at
the time of approval of the construction drawings if the improvement quantities have changed
from those indicated above.
T'he Developer shall pay forty percent (40%) of this e�ctension fee $ (the amount
of the extension fee shall be as calculated per the formulas below) before the City will begin
detailed plan review
a) For water, sewer, &storm facilities the extension fee is based on the combined tinear
footage of all utilities and is determined by
The first 0 LF to 1000 LF will be charged at$5.50 per LF plus,
The next 1001 LF to 2500 LF will be charged'at$2.80 per LF plus,
Any additional over 2500 LF will be charged at$1.65 per LF
b) For street facilities the extension fee is determined by
T'he fvst 0 LF to 500 LF will be charged at$6.90 per LF ptus,
The next 501 LF to 1000 LF will be charged at$4 10 per LF plus,
Any additional over 1000 LF will be charged at$1 10 per LF
' It is provided, howwa,that in the evrnt of any inconsistency or discrepancy between the above provisions and
provisions of the Coty Code,the City Code shall control.
Agreemrnt for Municipal Utility Services
FAC]1-OOXX Name
Date: ,20
Page 29 of 32
c) For non-lineaz extension such as pump stations and traf'fic signals the extension fee
will be detertnined by the City Engineer based on an estimate of the City's labor cost
associated with the plan review, inspection, and administration of the application.
d) For that portion of the water and sewer facility located outside City limits, but within
existing County(King or Pierce)right-of-way, an additional fee is determined by
$444.00 plus $5.00 per LF of the combined water and sewer extension tocated in
existing County(King or Pierce)right-of-way
T'he remaining sixty percent (60%) of the extension fee $ (the amount of the
eztension fee shall tie as calculaied per the formulas above) and any fee adjustment, shall be paid
upon approval of the construction drawings and prior to the start of construction.
Agrament for Municipal Utility Services+ �
FACI 1-OOXX Name
Datc: ,20
Page 30 of 32
EXHIBIT E
PERFORMANCE GUARANTEE
Before construction starts, the Developer will be required to furnish an approved Perfom�ance
Guarantee based on one hundred twenty-five peroent (125%) of the City-estimated installation
costs for the public improvements constructed within the ezisting City right-of-way, easements,
or when the City Engineer deems it to be in the City's best interest to secure a Performance
Guarantce.
Two forms of Performance Guazantees are acceptable: 1) a Performance Bond or 2) an
Assignment of Funds. Any request to use other forms of Performance Guarantee will be
determined on a case by case basis by the City Engineer.
The Developer may designate an Agent such as a contractor or engineer to provide the required
Performance Guarantee to the City In such event, the Developer shall remain responsible for the
contractual obligations set forth in this Agreement:
The Performance Bond in a penal sum equal to a minimum of the amount described above shall
be conditioned upon the performance by the Developer of all undertakings,covenanu,terms, and
conditions of the Agreement relating to the Extension. The Developer or Agent shall execute
such bond and a corporate bonding company licensed to transact such business in the State of
Washington,and who are named on a current list of surety companies acceptable as published liy
the Insurance Commissioner's office, shall act as surety
The Developer shall bear the expense of the bond. If at any rime a surety on any such bond is
declared banlwpt, loses its right to do business in the State of Washington, or is removed from
the list of approved surety companies, the Developer shall substitute an acceptable bond or bonds
in the form and sum and signed by another surety or sureties as may be satisfactory to the City
The Developer shail pay the premiums on such bonds.
The Assignment of Funds will be in a required amount held in a Financial Institution acceptable
by the City and secured under the use of the City of'Auburn Standard Assignment of Funds form.
Agreemrnt for Municipal Utility Services
FACll-0OXJC Name
Datc: ,20
Page 31 of 32
EXHIBIT F
CITY OF AUBURN
25 W MAIN STREET
AUBURN,V✓A 98001
APPLICATION FOR UTILITY SERVICE & DEPOSIT AGREEMENT
Service Address Phone Own Rent
Name of Landlord Mailing Addmss
Applicant One
Name Phone Date of Birth
Current Employer Employer Phone
Employer Address_
Applicant Two
Name Phone Date of Birth
Current Employer Employer Phone
Employer Address
In case emergency services are required,and we are unable to locete yoq please list a friend or relative whom we
coald contact:
Name Phone Address
I/we agree to pay all required utility deposiu and to pay for utility services provided to me by the City of Aubum,
including water, sanitary sewer, storm drainage, and solid waste seri�ices, pursuant to Chapters 13.06, 13.20, 13.48 and
8.08,respectively,of the Aubum City Code(ACC). Uwe furrher agee to comply with the requiremenu of said chapters of
the ACC. If Uwe fail to pay bills on a timely basis, Uwe understand that utility service may be discontinued. Should Vwe
leave the City of Auburn service area with an outstanding utility balance due, or should my service be
disconnected/discontinued for non-payment, my deposit will be applied to said outstanding accoucrt, and the balance (if
any)forwarded to me/us. In case of disconnection for non-payment, Uwe understand that full paymerrt of any outstanding
balance dp to and including the datc of discomiection, and service charge(s) will be required in order to have urilities
reconnected at the location or for me/us to get udlity service at a new location in the service area. Uwe understand that in
the event that Uwe arc renting, ow landlord may request information or be notified of the status of my/our account I/we
fiuther agree that in the event that any action is taken to collect payments due for utility services or for enforoement of any
other requirement or obligations of the City utility services, or my/ow�rights thereto,venue for such action shall be in the
courts of King County,Washington.
Date Signed
Date Signed
FOR OFFICE USE
Application taken by Depaul AmouN S Date Deparit Received
Customer Moved Applied on Fina!Bilt Dale Ciieck#
Customer Move,Rejunded Fu[[Deposi� Date Check N
Ageement for Mwicipal Utility Services �~+
FAC 1 I-0OXX Name
Datc: ,20
Page 32 of 32