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City of Auburn
Comprehensive Water Plan
APPENDIX D
SERVICE AREA AGREEMENTS
INTERLOCAL AGREEMENTS
WHOLESALE WATER AGREEMENTS
ORDINANCE NO 2383
AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON GRANTING TO THE CITY OF TACOMA AND ITS
ASSIGNS THE RIGHT PRIVILEGE AND AUTHORITY TO CONSTRUCT AND MAINTAIN A TRANSMISSION
MAIN IN CERTAIN STREETS IN THE CITY OF AUBURN FOR THE TRANSMISSION OF FRESH WATER
FOR MUNICIPAL PURPOSES
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN AS FOLLOWS
Section 1 GRANT AND TERMS That there be and is hereby granted to the City of
Tacoma a municipal corporation and its assigns the right privilege authority and
franchise for a period of fifty 50 years from and after passage of this Ordinance to
ay down build construct ad maintain and operate thrgh d acroscertai srees
of the City of Auburn underground pipes and conduits for thepurpose of transmitting
fresh water for municipal purposes
Section 2 TRANSMISSION MAIN For the purpose aforesaid the grantee and its
assigns are hereby granted the right liberty and privilege of laying down relaying
connecting disconnecting and repairing such transmission main through and under the
avenues streets lanes alleys andpublic highways and public parks and grounds of the
City of Auburn as may be necessary proper and convenient for transmitting the fresh
water supply of the grantee through the city limits of the grantor
Section 3 PLANS AND SPECIFICATIONS Before said grantee and assigns shall begin
the construction of the transmission main underneath the said streets or places in the
City of Auburn it shall file with the City Engineer of the grantor detailed plans
specifications and profiles of the pipeline and shall show the place in said streets or
places proposed to be used for andor crossed by said pipeline the size of the pipeline
and its depth from the surface of the ground The said plans specifications and profiles
shall be approved by the City Engineer of the grantee and a permit granted for the same
before any excavation or the construction of said pipes shall be commenced which approl
shall not be unreasonably withheld The grantee upon receiving such construction permit
shall hasten the work of construction with all convenient speed and shall repair the
pavement or surface in as good condition as it waS before being disturbed by said grantee
and repair it with the same kind of material as now laid on said streets or surface and
subject to the approval of the City Engineer of the grantor shall place an inspector
upon the said street during the reconstruction of the pavement thereon and the salary
of such inspector shall be paid by the grantee and said street shall not be torn up in
any event for a longer period than ninety 90 days after the said grantee shall begin
the work of construction If the grantee shall fail to build said street or surface in
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as good condition as it was before or shall fail to rebuild it a all the grantor may
proceed to repair said street or surface and charge the expense thereof to the grantee
All excavations shall be carefully guarded oas to prevent accidents by reason thereof
and the grantee shall save the grantor free and harmless of and from all costs damages
and expenses of any kind whatsoever occasioned by such workor by the maintenance of
such conduits and pipes through and across the street or place and should any final
judgment be recovered against said city on account of any damages said grantee shall
forthwith pay the same including grantors reasonable attorney fees and costs after
having been notified in writing to do so by the grantor and the failure of said grantee
to make such payment within a period of sixty 60 days after such notice has been given
shall operate as a forfeiture of the rights and privileges herein granted provided
however that the grantor shall in any suit brought against it on account of such damages
and within twenty 20 days after service of process upon it give written notice to the
grantee of the pendency of said suit and thereon grantee shall haVe the option of
defending said litigation on behalf of the City at its own cost
Section 4 NOT TO INTERFERE WITH OTHER PIPES Said pipes shall be laid down in
such manner as not to interfere with the sewer or water pipes or any other pipes in said
streets and places and all pipes and conduits to be laid down by the grantee shall be
of first quality material
Section 5 FRANCHISE NOT EXCLUSIVE Nothing in this Ordinance shall be construed
as granting to the said grantee and assigns an exclusive right or prevent the granting
to other companies or individuals a franchise for like purposes
Section 6 SERVICE AVAILABILITY In the event that the City has need for additional
domestic water and the grantee determines that it can provide such water from the
transmission line and at the rates it charges other consumers similarly located the
grantee shall so make available points of distribution in order to provide the
additional supply so determined
Section 7 ACCEPTANCE In order to claim the rights and privileges granted by
this franchise the grantee or assigns shall within thry30 days after the approval
of this Ordinance file with the City Clerk of the grantor its acceptance in writing of
the franchise granted by this Ordinance
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Section 8
from and after its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
EFFECTIVE DATE That thiS Ordinance shall take effect five 5 days
SEPTEMBER21969
SEPTEMBER15 1969
SEPTEMBER15 1969
ATTEST
City Clerk
APPROVEDcASTOFORM S
Cly orney
MAYOR
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RESOLUTION NO 1 0 2 1
O GI 0 9 199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING
THE YOR OF THE CITY OF AUBURN TO ENTER INTO A SERVICE AREA
BOUNDARY AGREEMENT BETWEEN THE CITY OF AUBURN AND WATER DISTRICT
NO 124
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AT A REGULAR MEETING
DULY ASSEMBLED HEREWITH RESOLVES THAT
THE Mayor of the City of Auburn is herewith authorized to enter into a
Service Area Boundary Agreement between the City of Auburn and Water District
No 124 A copy of saidagreement is attached hereto denominated as Exhibit
A and made a part hereof as though set forth in full herein
DATED and SIGNED this 15th day of October 1979
CITY OF AUBURN
ATTEST
Resolution No 1021
101279
890824
ECFEE
SERVICE AREA BOUNDARY AGREEMENT
THIS AGREEMENT made and entered into this day of
19 by and between City of Auburn a municipal
corporation located in King County Washington hereinafter
referred to as City and WATER DISTRICT NO 124 a municipal
corporation located in King County Washington hereinafter
referred tas District 124
W I TNE S SETH
1 That the purpose of this Agreement is
A To define current service area boundaries and
B To establish a method for altering those boundaries
in order to provide for
1 Maximum efficient use of existing and future
facilities
2 Maximum flexibility between the service areas
in order to allow the continued and future
existence of interties between the parties
herein
3 Maximum public water system coordination
4 Orderly and efficient public water system
planning
2 That the current service area boundary between the City
and the District 124 is as is set forth on Exhibit A attached
hereto and incorporated herein by reference
3 That in the event either the City or District 124
desire to change the existing boundary such a change shall be by
mutual agreement
4 That provisions for looped systems and interties are to
be encouraged so as to provide
A
facilities
B
possible cost
C
in the event of an emergency
For the most efficient use of current and future
For maximum service toconsumersat the lowest
For mutual aid between the City and District 124
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D For maximum public water system coordination
5 That both the City and District 124 recognize that
they are Purveyors as defined in RCW 701160304 and
hereby acknowledge their duties under RCW 70116 and the
regulations promulgated thereunder and adhere to the purposes
described therein
DATED this L wdayofd
CITY OF AUBURN
Kfounty ashington WATER DISTRICT NO 124
King County Washington
Pesiden ahd Commissioner
Comiss ioneC
retary and CommisSioner
LEGAL DESCRIPTION OF
SERVICE AREA BOUNDARY LINE BETWEEN
CITY OF AUBPNND wTNc COT ATER DcRICT 124
COIENCING AT THE NORTHEAST CORNER OF LOT 5 BLOCK 39 JOVITA HEIGHTS LOCATED IN
THE SOUTHWEST QUARTER SECTION 23 T 21 N R 4 E WM
THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF LOT 8 LOCATEO 400 EAST OF
THE NORTHWEST CORNER OF LOT 8 BLOCK 25 OF SAID JOVITA HEIGHTS WHEREIN SAID LINE
CROSSES THE EXISTING AUBURN CITY LIMITS LOCATED ON IOWfa DRIVE
THENCE NORTHERLY ALONG A LINE 400 EAST OF AND PARALLEL TO TL EST LINE OF LOT
THROUGH LOT I OF BIXCK 25 JOVITA HEIGHTS TO A POINT ON THE NORTH LINE OF SAID
LOT 1
THENCE EASTERLY 50ALONG THE NORTH INE OF SAID LOT 1 TO THE SOUTHERLY EXTENSION
OF TKE EASTERLY RIGHT OF WAY LINE OF 158TH AVENGE SOUTH PENNSYLVANIA AVENUE
THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LIE OF SECTION 14 T
21 N R 4 E WM
THENCE EAST ALONG THE SOUTH LINE OF SECTION 14 TO THE SOUTH 14 CORRER OF SAID
SECTION 14
THENCE NOR AONG THE CENTERLiNE OF SAID SECTION 14 TO THE INTERSECTION OF SAID
CENTERLINE WITH THE CENTERLINE OF MOUNTAIN VIE DRIVE 331ST STREET O OLD CEMETARY
ILL ROAD
THENCE MEANDERING EASTERLY AND NORTHERLY ALONG THE CENTERLINE OF MOUNTAIN VIEW DRIVE
TO THE INTERSECTION OF SAID STREET CENTERLINEWIT THE EW CENTERLINE OF SECTION 14
THENCE NORTHERLY ALONG THE SOUTHERL EXTENSION OF HICREST DRIVE TO THE SOUT LINE O
HICREST ADDITION NO 2 LOCATED IN SECTION14 T21N R 4 E WM
THENCE WESTERL ALONG SAID SOUTH LINE TO THE SOUTmESTERLY CORNER OF SAID ADDITION
SW CORNER OF LOT 9
THENCE NORTHEASTERLY ALONG THE WESTERLY LIN OF SAID HICREST ADDITION 2 TO THE
NORTBqFESTERLY CORNE OF SAID PLAT WHICH IS ALSO THE SOUTHWEST CORNER OF KNICKeR
BocKER EIGHTS ADDITION
THENCE NORTH ALONG THE EST BoUNDARY SAiD IGHTS ADDfI mSO
11 T 21 No RD 4 E WMo
THENCE NORTHEPLY ALONG THE IESTLINE OFTE E 12 E 12 ECTIONS 11 AND 2 T 21 N
R 4E WM TO A POINT 329 NORTH OF THE SOUTH LINE OF SID SECTION 2
THENCE NORTEASTERLY A DISTANCE OF 2150 MORE OR LESS TO A OINT ON THE EAST LINE
OF SAID SECTION 2 HICH POINT IS LOCATED 655 SOUTH OF THE EAST 14 CORAER OF SECTI
2 T2 21 N R 4 ED WM
THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 2 TO A POINT 836 NORTH OF T FST
14 CONER OF SAID SECTION 2
THENCE WEST TO THE CEST LINE OF TE E 12 E 12 SECTION 2 T21N R4E WM
THENCE NORTH ALONG SAID EST LINE TO A POINT 351 S6UTH OF TE NORTH LINE OF SAID
SECTION 2
THENCE WESTkRLY AD PARLLEL TO AND 351 SOUTH OF T NORTH LINE OF SECTION 2 TO A
POINT ON T NS CENTERLINE OF SAID SECTION
THENCE SOUTERLY 60 ALONG SAID NS CENTERLINE
THENCE WESTRLY AND NORTHERLY ALONG THE APRIL 1979 BOUNDARY TO THE WEST 14CORNEROFSECTION35T22NREWMWHICHISTHETERMINALPOINTOF THIS
BOUNDARY DESCRIPTION
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RESOLUTION NO 1 3 4 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON
AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY WATER DISTRICT NO 87
CONCERNING THE TRANSFER OF KING COUNTY WATER DISTRICT NO 87S WATER
SYSTEM TO THE CITY OF AUBURN
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING
DULY ASSEMBLED HEREWITH RESOLVES THAT
THE Mayor of the City of Auburn Washington is herewith authorized and
directed to execute an Agreement between the City of Auburn and King County
Water District No 87 concerning the transfer of King County Water District
No 87s water system A copy of said Agreement is attached hereto denomi
nated as Exhibit A and made a part hereof as though set forth in full
herein
THE Mayor is hereby authorized to implement such administrative procedures
as may be necessary to carry out the directions of this legislation
DATED and SIGNED this 6th day of July 1982
BURN
ATTEST
erk
Resolution No 1341
7682
AGREEMENT CONCERNING TRANSFER OF KING COUNTY
WATER DISTRICT NO 87S WATER SYSTEM TO THE
CITIES OF AUBURN AND KENT
April 1 1982
IT IS AGREED by and between WATER DISTRICT 87 King County a Washington
Municipal Corporation WP 87 and the Cities of AUBURN Auburn and KENT
Kent Washington collectively the cities as follows
1 Authority
This agreemen is entered into pursuant to RCW 35A13070 which
authorizes one or more cities and water districts to contract regarding
ownership of property providing or water service and operation of
facilities
2 Transfer of Water System
The ownership of WD 87s entire water system shall as of the above
date be transferred and conveyed to Auburn and Kent in the manner
provided below
The term water system shall include but not be limited to all WD 7
water mains and appurtenances hydrants easements licenses franchises
permits and facilities rights and assets of any kind or nature whatsoever
Said transfer is subject to the cities performance of all of the terms
and conditions of this agreement
The cities hereby accept their respective portions of the water system on
the terms of this agreement
3 Division of Sistem
The entire WD 87 water system lying southerly of the following described
line will become the property of the Auburn and the remaining portion of
the water system lying northerly of the following described line shall
become the property of Kent
Starting at a point of intersection on the westerly
boundary line of WD 87 which is the easterly margin of
the Chicago Milwaukee and St Paul Railroad rightofway
with the southerlY rightofway line of S 277th street
and projecting easterly therefrom along said southerly
rightofway line to an intersection point wi th the
easterly margin of the Burlington Northern Railroad
rightofway thence northerly therefrom along said
easterly line to an intersection point with the northerly
rightofway line of S 277th street thence projecting
easterly therefrom along said northerly rightofway line
to the easterly boundary line of WD 87 which is the
westerly line of SS Highway 5 aka East Valley Highway
WD 87s customer records will be divided between the cities accordig to
the above division of the water system and any temporary services
The limited hand tools and miscellaneous personal property owned by WD 87
will be transferred to Auburn
Connection to Auburn Sistem
The cost of interconnecting the WD 87 water system to Auburns water
system shall be paid for from monies presently in the WD 87 maintenance
fund
The City of Kent is presently connected to the WD 87 water system and no
further connections are presently needed
5 Costs and ExpensesWD 87 Money
The following shall be paid from WD 87 money in the following order of
priority
WD 87 routine debts and expenses
WD 87s attorneys fees for drafting of this
agreement and related work
Any attorneys fees andor ccsts
boundary review board or other
approvals per paragraph IO hereof
in obtaining
governmental
Cost of interconecting the WD 87 system to
Auburns water system per paragraph 4 hereof
To the extent that any WD 87 money remains after payment of the above the
same shall be divided evenly between the cities proportionate to the
nuner of WD 87 customers to be served permanently by the cities
To the extent that the WD 87 funds are inadequate to pay all of the abovethentheCityofAuburnshallbearanyremainingcostofinterconnectingthewatersystemsIfthereisinsufficientWD87moneytopayallofthe
other abovelisted items in full other than D debts then any amount
remaining due shall be borne by the cities according to the same permanentcustomerratioasabove
6 Service Interruptions
The cities each agree that transfer of the water system will not result in
any interruption of water service to any WD 87 customer other than that
normally experienced in the daytoday operation of the respective water
systems
7 Water Rates
The cities each agree that former WD 87 customers shall followingtransferaidinthefuturebechargedforwaterserviceandpaythesame
connection and other charges as the cities charge in each case its other
customers in the same class of service Sevice shall also be of the same
quality as that received by other customers in the same class
8 Temlorary Service
Auburn and Kent recognize and agree that until their respective water
systems are readily available within the present WD 87 service area each
will have to extend temporary water service to existing customers on the
opposite side from them on the above described boundary line During such
temporary service the customers shall pay the serving citys rates and
charges and the serving city will maintain the water mains hydrants and
meters serving those temporary Customers
The city temporarily serving such customers will turn over the customers
to the other city on request Both cities agree to cooperate in the
transition of these customers from one city to the other and agree that
water service to the customers will not be interrupted unnecessarilyduringthetransition
No property temporarily served by one of the cities shall be assessed or
otherwise required to pay for new water mains or facilities in order to
transfer their services over to the other city unless said property is
specifically benefitted beyond the availability of the existing service
No new water services including five hydrants and five service lines will
be connected to a water main owned by one city but temporarily beingutilizedtoservetheabovesaidcustomerspropertywithoutthewritten
consentof the other city
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9 Preferential Employment
The employees of WD 87 shall be entitled to offers of comparable fulltime
employment from both AuDurn and Kent in accordance with RCW 3513A090
lO Governmental Approvals
If in the opinion of either city it is necessary to so obtain approval
of this agreement by the King County Boundary Review Board King County
Council andor any other governmental body then that city shall so
notify the other parties to this agreement prior to transfer of WD 87s
remaining monies to the cities
The cities shall determine between themselves which city or WD 87
shall obtain such approvals Regardless of who obtains the approvals
the cost thereof shall be paid from WD 87 funds to the extent available
ll Financial Records
WD 87s financial and other records are available
inspection and copying by either of the cities
on request for
12 WD 87 Indebtedness
WD 87 shall as above pay all of its debts from its present funds WD 87
warrants that on the effective date of this agreement it will have no
debts Further WD 87 has no bonds warrants or similar oblications
outstanding and will not issue any in the future WD 87 also warrants
that it does not have any ULID or other assessments receivable and will
not form any improvement districts in the future
WD 87 warrants that to the best of its knowledge and the knowlege of its
Water Commissioners there are no pending asserted or threatened claims
suits or liens against it or any of its water system monies or other
assets IF WD 87 or any its commissioners should receive notice or
knowledge of any such claim suit or lien prior to the effective date of
this agreement WD 87 will immediately notify other cities The Water
Comissioners of WD 87 shall not be personally liable for the foregoing
warranties and shall not be personally liable for performance of any of
the terms of this agreement unless they shall by Board of Water
Commissionerss action vote or otherwise cause te breach of this
agreement
13 WD 87 Continuin9 Authority
Following the effective date of this agreement WD 87 shall remain a
municipal corporation and its commissioners shall remain in office for at
least their present terms of office unless WD 87 is sooner dissolved as
set forth below During the continued existence of WD 87 its
coissioner shall not exercise any rights privileges powers or
fUnctions provided by law to WD 87 except at the request of one or both
of the cities If such request is made by only one of the parties then
such actions shall be taken only with respect to that citys portion of
the WD 87 water system The WD 87 Commissioners shall not be obliged to
undertake any action unless it is necessary to implement clarify or carry
out this agreement and in such case the other cityles requesting the
action shall thereby agree to save the WD 87 Commissioners harmless from
any liability in respect to the same
14 Dissolution of WD 87
Any one or more of the paries to this agreement or anyone else having
standing to do so may petition andor take such steps having standing to
do so may petition andor take such steps as are necessary to dissolve WD
87 under any available statutory authority and procedure In the event
that WD 87 has not been dissolved within five 5 years of the effective
date of this agreement then the cities agree that they will immediately
thereafter petition for the dissolution of WD 87 pursuant of RCW 790
governing the disincorporation of special districts that have not actively
carried out any ofthe districtspurposes or functions for a period of
21182
five years or any similar or other statutes then in effect The cost of
such disincorporation shall be borne by the cities in the same proportion
as other expenses are provided for in this agreement
15 Approva1 by Parties
This agreement shall be submitted to the governing bodies of each of the
parties and approved by City Ordinance and Water District Resolution
Certified copies of said ordinances and resolution shall be furnished each
of the parties to this agreement Adoption of said ordinances and
resolution shall serve in lieu of signature to this agreement
Notwithstanding the effective date set forth as the beginning of this
agreement this agreement siail be effective 45 days after it is approved
by all three 3 parties
DATED as of the date set forth hereinabove
CITY OF AUBURN
CITY OF KENT
WATER DISTRICT NO 87 KING COUNTY
168157A
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1 RESOLUTION NO 2 1 1 4
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
SATELLITE WATER SYSTEM SERVICE CONTRACT FOR BRAUNWOOD ESTATES
PREVIOUSLY SALTMARK ESTATES
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THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES THAT
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section 1 AUTHORIZATION The Mayor and City Clerk of
the City of Auburn are herewith authorized to execute a
Satellite Water System Service Contract for Braunwood Estates
previously Saltmark Estates A copy of said Contract is
attached hereto and denominated Exhibit A
section 2 AUTHORITY The Mayor is hereby authorized
to implement such administrative procedures as may be
necessary to carry out the directives of this legislation
DATED and SIGNED this 6th day of August 1990
CITY OF AUBURN
MAYOR
Resolution No 2114
July 31 1990
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3 J2u jLJ jJkRobinWohlhueterCityClerk
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APPROVED AS TO FORM
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Michael J Reynolds11ActingCityAttorney
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26 Resolution No 2114
July31 1990
Page 2
CITY OF AUBURN
WATER DEPARTMENT
SATELLITE WATER SYSTEM SERVICE CONTRACT
FOR BRAUNWOOD ESTATES PREVIOUSLY SALTMARK ESTATES
IT IS AGREED by and between the CITY OF AUBURN the City and
the undersigned the Owners as follows
1 Parties The City is a municipal corporation organized
under and existing by virtue of Chapter 57 of the Revised
Code of Washington The Owners are collectively the
owners of property provided water service by a water source
and distribution system which is independent of and
unconnected to another public or private water system the
satellite system
2 Legal Description The property presently served and to be
served in the future by the satellite system is located in
King County Washington and is legally described as follows
THE SW 1 4 OF THE NE 1 4 OF SECTION 33 TWP
21 N R 5 E W M AND THE W 1 2 OF THE SE
1 4 OF THE NE 1 4 OF SECTION 33 TWP 21 N
R 5 E W M
The above property is inside the City s service area under
the South King County Coordinated Water Supply Plan
3 city Services The City will provide services to the
satellite system as identified below
Operation and management of the satellite system from
the tail piece on the house side of the meters to the
well source
Routine inspection maintenance and repair of the
satellite system in accordance with reasonable and
accepted standards and practices for public water
systems
Emergency repairs within a reasonable time after the
owners have notified the City
Preparation and filing of reports and other data
including water sample testing as required
4 City Charges The property owners within the plat of
Braunwood Estates agree to pay the following to the City
A Services charges The City will charge for the above
identified services at a rate equivalent to that
Exhibit A Resolution No 2114
Page One
SATELLITE WATER SYSTEM SERVICE CONTRACT
Page 2
applied in the Auburn City Code Title 13 Chapter
13 04
B Connection Charge All persons connecting to the
City s water system are obliged to pay a standard
service installation charge as identified in the Auburn
City Code Title 13 Chapter 13 04
C Reserve Account
connection to the
City one thousand
reserve account
All parcels within said plat upon
City S water system shall pay to the
dollars 1 000 per parcel as a
The reserve account can be utilized for water system
repair replacement or maintenance at the city s
discretion upon completion of the one 1 year
maintenance period as set out in the Developers
Extension Agreement
The property owners are not entitled to return of the
reserve account money or interest on the reserve
account and the money in the account may be co mingled
with other Water Department funds
5 Terms and conditions This Agreement includes all of the
terms and conditions in the Auburn City Code as applicable
and as amended in the future
without limiting the foregoing it is agreed as follows
A The City owns the satellite water system and will
provide service as set forth above performed in
accordance with accepted public utility practices
B The property owners hereby agree to limit the
total number of connections irrigating their
property at anyone time to seven 7 The
restrictive irrigation requirements shall be
conducted by address on an odd and even number
basis The even numbered addresses shall be
permitted to irrigate on even numbered calendar
days while the odd numbered addresses shall be
permitted to irrigate on the odd numbered calendar
days The design of private irrigation systems
shall be limited to a maximum of ten 10 gallons
per minute total consumption for each lot
C The property owners hereby agree in the event th
the satellite system water source is interrupted
due to unpredictable conditions such as severe
volume reductions contaminated water or any other
unforeseen condition the City at its discretion
may utilize the alternate well site as described
on the development plan or any other reasonable
measure to ensure a source of water
SATELLITE WATER SYSTEM SERVICE CONTRACT
Page 4
10 Integration This Agreement constitutes the entire
agreement between the parties There are no other verbal or
written agreements or representations which modify or affect
this Agreement
11 Covenant Running with the Property It is agreed that this
Contract is a covenant running with the property described
in Paragraph 2 above and any other properties receiving
water in the future from the satellite system and shall be
binding on the owners of all such property their heirs and
successors and it shall be recorded as an encumbrance
against each of the thirteen 13 land parcels
MAYOR
ATTEST
V
Robin Wohlhueter City Clerk
APPROVED AS TO FORM
Uu
City Attorney
teJA Q J J i
SATELbITE WATER SYSTEM SERVICE CONTRACT
Page 5
STATE OF WASHINGTON
SSe
COUNTY OF KING
On this Jet day of lLI Ch
me the undersigned a Notary Pub12ic in and for the
Wa hinJ on dlJ y commissioned anc sw r r rallYJlikLlIandtjJl1xLL
to be the President and
Se tary re pectively of
i I ix or Jy 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 th uses ang purposes therein
mentioned and on oath stated that fru l n authorized to
execute the said instrument and that th seal affixed in the
corporate seal of said corporation
1 I r before
State of
appeared
to me known
witness my hand and official seal hereto affixed the day and
year first above written
0
I i2iiiNDiF Rl THE STkTE OF
WASHINGTON RESIDING AT k p
STATE OF WASHINGTON
SSe
COUNTY OF KING
19 before me
the State of Washington
appeared
to me known to be the
Mayor and City Clerk respectively 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 they
are authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation
On this day of
undersigned a Notary Public in and for
duly commissioned and sworn personally
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 AT
REF FAC0694 E90 669
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RESOLUTION NO 2 5 5 i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY
OF BONNEY LAKE FOR OPERATING AND MAINTAINING A PUBLIC WATER
SYSTEM
WHEREAS the cities of Auburn and Bonney Lake are
responsible for operating and maintaining a public water
system in accordance with federal state and local laws and
regulations and
WHEREAS the parties recognize the responsibility of
public water utilities to provide for the highest quality of
water and reliability of service to their customers at
reasonable cost and
WHEREAS the parties further recognize that water
resources are finite and vulnerable and the prudent use and
management of these resources requires cooperation among
utilities
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DULY ASSEMBLED HEREWITH RESOLVES THAT
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute an Interlocal
Agreement between the City of Auburn and the City of Bonney
Lake for operating and maintaining a public water system in
accordance with federal state and local laws and regulations
Resolution No 2551
August 2 1994
Page 1
CITY ATTORNEY
City of Auburn
25 W Nain
Auburn WA 98001
206 9313030
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A copy of said Agreement is attached hereto designated as
Exhibit A and incorporated by reference in this Resolution
Section Z The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
DATED and SIGNED this 15th day of August 1994
CITY OF AUBURN
MAYOR
ATTEST
Robin Wohrhheter
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
Acting city Attorney
Resolution No 2551
August 2 1994
Page 2
CITY ATTORNEY
City of Auburn
5 W Main
Auburn WA 98001
206 9313030
ORIGINAL
Tis agreement made and entered into this day of
19 by and between the City of Auburn hereinafter referred tas
Adurn and the City of Bonney Lake hereinafter referred to as Bonney
Lake WITNESSETH THAT
WHEREAS Auburn and Bonney Lake are responsible for operating and
maintaining a public water system in accordance with federal state and
Iocal laws and regulations and
WHEREAS the parties recognize the responsibility of public water
utilities to provide for the highest quality of water and reliability of
service to their customers at reasonable cost and
WHEREAS The parties further recognize that water resources are finite
and vulnerable and the prudent use and management of these resources
requires cooperation among utilities and
NOW THEREFORE the City of Bonney Lake and the City of Auburn enter
into the following agreement
A RECITALS
Bonney Lake will sell water to Auburn for the purpose of serving a
maximum of two ruralresidential domestic service connections for lots
that abut the PierceKing County Auburn City Limits line in vicinity
of Kersey Way S E
City of Auburn would install their own meters to individual services
and one of these services would be to tax lot 9056 on Kersey Way S
adjacent to the county line
The meter shall be in the Bonney Lake water service area Pierce
County The city of Auburn shall pay the connection charge plus the
actual cost of the meter installation The City of Bonney Lake shall
own the meter
The size of the meter shall be determined by the City of Auburn
All the properties served within the City of Auburn water service area
will be the responsibility of the City of Auburn
Bonney Lake will sell water to the City of Auburn at the standard
Outside the City rates Per Bonney Lake Municipal Code Section
1304100C
7 Bonney Lake shall only furnish domestic needs for the two 2 rural
residential connections Bonney Lake is not responsible for fire flow
RES No 2551
Exhibit A
Page I of 2
The Cityof Aburn will require new service connections from this
supply o be protected by a residential fire sprinkler system in
accordance with Auburn Fire Department ordinance
This agreement shall become null and void at the time Auburn has water
available through its own system to serve these properties
The City of Bonney Lake shall use reasonable effort to provide a
regular uninterrupted supply of water to Auburn Bonney Lake shall not
be liable for any shortage or interruption in delivery of water In
addition Bonney Lake shaI not be liable for any failure interruption
or shortage of water or any loss or damage resulting therefrom
occasioned by any cause beyond the control of the City
11 Auburn shall be a customer of Bonney Lake andshallbegiven the same
consideration as any other customer under the iys rules
regulations and Municipal Codes for domestic service only
12 This Agreement to provide water services by Bonney Lake shall continue
from year to year on the anniversary date of the later approval date
shown below unless notice of intent not to renew this Agreement is
provided by the Mayor of the City of Bonney Lake in writing to the
Mayor of the City of Auburn on or before the anniversary date
CITY OF AUBURN
MAYOR
CITY OF BONNEY LAKE
APPROVED AS TO FORM
ATTEST
City Clerk City of Auburn
PPROVED AS TO FORM
Acting City Attorney City of Auburn
RES No 2551
Exhibit A
Page 2 of 2
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RESOLUTION NO 2721
A RESOLUTION OF THE CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE
INTERLOCAL AGREEMENT NO 2 FOR THE LEA HILL INTERTIE PROJECT
BETWEEN THE COVINGTON WATER DISTRICT KING COUNTY WATER
DISTRICT 111 AND THE CITY OF AUBURN
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES THAT
SECTION 1 The Mayor and City Clerk of the City of
Auburn Washington are hereby authorized to execute
Interlocal Agreement No 2 for the Lea Hill Intertie Project
between the Covington Water District King County Water
District 111 and the City of Auburn A copy of said
Agreement is attached hereto denominated as Exhibit A and
made a part hereof as though set forth in full herein
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
Resolution No 2721
August 20 1996
Page 1
CITY ATTORNEY
City of Auburn
Z5 W Main
Auburn WA 98001
2O6 9313030
Interlocal Agreement 2
for the
Lea Hill Intertie Project
between
Covington Water District
King County Water District 111
and the
City of Auburn
II
Project Title Lea Hill Intertie consisting ofconstruction and operation ofpiping pumpstationsmetersandsourcefacilitiesforawatersupplyintertiebetweentheCityof
Auburn Auburn Covington Water District CWD and King County Water District111WD111jointlytermedtheParticipantsTheprojectfacilitiesareasshownonExhibitAFacilitiesPlan
General
mo
Do
F
G
This Interlocal Agreement 2 IA2 is consistent with the Joint OperatingAgreementJOAoftheSouthKingCountyRegionalWaterAssociation
SKCRWA dated 26 July 1995
There is an immediate need to provide for additional water supply to meet the
needs ofCWD and WD111 and meet the emergency needs ofAuburn
Performance by Auburn under IA2 shall be subject to its preexisting contractual
andor water supply obligations to Algona Kent Muckleshoot Indian Tribe and
Pacific Future Interlocal Agreements shall be subject to the terms and
conditions of IA2 It is the intent ofAuburn to create a first in time first in
service approach to wholesale ofwater within the limitations ofAuburns water
rights andor supply capacity
Auburn has the necessary water system capacity to meet a portion ofthe near
term interruptable public water supply needs of CWD and WD111 CWD and
WD111 have the necessary system capacity to meet a portion ofthe emergencyneedsofAuburn
Each Participant desires to develop firm supplies to meet long term continuingneeds
Each Participant hereby identifies its authorized representative as the General
Manager of CWD the General Manager ofWD111 and as the City
Engineer ofAuburn
For wholesale water purposes per Section 4 C ofthe JOA the followingintertiesexistorareexpectedtoexistinthenearfuturefortheParticipants to
IA2
1 of6
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
III
CWD
a
b
c
d
e
f
Auburn future
Black Diamond future
Tacoma future
King County Water District 94 future
WD 111 and
Cedar River Water and Sewer District
WDlll
a Auburn
b CWD
c Kent and
d Soos Creek Water and Sewer District
o Auburn
a Algona
b Kent
c WDlll
d Pacific
e Bonney Lake
f Lakehaven Utility District future
g Muckleshoot Indian Tribe future and
g CWD future
Interlocal Agreement No 1 132nd Avenue Interim Intertie Project dated 7
November 1995 is terminated by mutual agreement ofthe WD111 and Auburn
upon completion ofthe improvements described in Exhibit B ofthis IA2
Description ofProject
mo The project facilities are generally described in the Engineering Report prepared
by EES dated September 1995 and any subsequent amendments thereto
The project includes design construction and operation offacilities to provide
water as follows
Year Auburn CWD WD111 Total
Maximum Maximum Day Maximum Day Maximum Day
Day Demand Demand Demand Demand
mgd mgd mgd mgd
1998 20 10 20 50
2000 20 15 25 60
2002 20 25 25 70
2005 20 25 25 70
2010 20 25 25 70
2 of6
EXHIBIT a
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 090396
IV
VI
Additional water may be available as mutually agreed to by the Auburn CityCouncilandtheBoardofCommissionersofeitherDistrictWateristobe
provided from the Auburn system to the Lea Hill Reservoir Site and then to the
pipeline on 132d SE running north to the Districts The project will provide for
flow control facilities as necessary and a master meter which will be used to
measure the water supplied The reverse order is used for water to be providedfromtheDistrictstoAuburn
Co Respective Facility Ownership Capacity Rights and responsibility for
operation maintenance and renewal andor replacement rr are as described in
Exhibit B Operational parameters shall be as defined in Exhibit C ProjectCriteria
D Auburn will design construct and maintain the facilities constructed under IA2
in accordance with reasonably accepted water utility standards for similar
municipal water utilities Facilities will be designed in compliance with the
Citys adopted design standards as described in the 1995 Comprehensive Water
Plan
E The participants agree that an independent Value Engineering Analysis will be
done at the 75 percent design level
Project Costs
A The project costs are estimated as shown on Exhibit D Project Cost Final
project costs shall be reviewed and approved by the Participants The
Participants shall maintain individual cost records on their expenses for the
project Auburn will retain a consultant to maintain total cost records for the
project
B Costs associated with the development ofnew water sources will be shared
based on the basis quantity ofwater each Participant is allocated from the
sources
Project Financing The Participants shall fully finance and pay for their proportionateshareasshowninExhibitDProjectCostTheDistrictsshalldepositfundswith
Auburn to perform the project work for the proposed facilities in accordance with the
schedule shown in Exhibit E Project Schedule
Service Charges
mo Auburn has prepared a Cost of Service Study to determine the cost ofservice to
its customers A customer classification for wholesale has been created and
rates for service charges shall be based on a rate study for the wholesale
customer classification Auburn will regularly update the cost ofservice
analysis Wholesale water rates will be based on costs ofproviding the service
Cost ofdeveloping the initial Cost of Service Study and Rate Study will be
included within the project costs
3 of 6
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
VII
VIII
WD111 and CWD shall provide a rate to Auburn to be applied for emergencyservicechargesSuchrateshallbebasedoncostsofprovidingtheserviceor in
the interim until a Cost ofService Rate Study is completed shall be equal to orlessthanAuburnscurrentwholesalerate
Adjustments to the service charges will be made in accordance with Section 4H
ofthe JOA
Project Coordination
mo The Participants shall meet monthly for project coordination or more frequently
as needed
Bo Auburn will retain a consultant to be the overall Project Coordinator
Assignment ofresponsibilities to the Project Coordinator shall be by agreementoftheParticipantsauthorizedrepresentatiVes
Co The Participants shall be responsible for design construction management and
commissioning offacilities to be constructed in conformity to facilityownershipResponsibilitiesmaybeassignedotherwisebyagreement ofthe
Participants authorized representatives
Conditions of Service
mo Auburn does not presently have the necessary capacity iewater supply andor
water rights to guarantee delivery of firm uninterruptible water It is
acknowledged and agreed that in the event Auburn experiences any failure or
decreased capacity for any reason or increased demand within its retail service
area the supply to the Districts may be immediately reduced or stopped under
such conditions at the sole discretion ofAuburn The Districts agree that
Auburn may take such action irrespective of any cost investment in capacity or
other reliance which may have been placed upon the intertie facilities and
interruptible water supply referenced in this IA2
Bo The Districts specifically acknowledge and agree that failure ofAuburn to obtain
additional primary water rights in excess ofAuburn needs shall be cause for not
bringing the Districts on a par with Auburn customers For purposes ofthis IA2
on par shall mean Upon receiving new primary water rights for additional water
sources in the amount of at least 7 mgd the quantities ofwater described in
paragraph III B the Districts will be served on the same basis and with the
same reliability as service is provided to Auburns retail customers and Auburn
will include the maximum total quantity ofwater cited in paragraph III B in all
of its water system planning as ifthe quantity was served to direct service
customers and any curtailment restrictions or limitations on delivery would be
on the same basis as curtailment restrictions or limitations on delivery to retail
customers
4 of 6
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
IX
XI
The Participants will proceed with development and implementation of projectsinaccordancewiththeprojectscheduleshowninExhibitEtoincreasefirm
system capacity and a wholesale supply capacity as described in paragraph III
B designed to ensure service to the Districts It is anticipated the necessaryprojectsrequiredtoprovidefirmsupplywillbeproposedwellsnumbers6and 7
described in the Citys 1995 Comprehensive Water Plan The City has obtained
Supplemental Water Rights for the proposed wells numbers 6 and 7 It is the
intent ofthe Auburn to obtain Primary Water Rights for wells number 6 and 7
and additional new wells ifrequired sufficient to provide the quantities of
water described in paragraph III B which shall bring the Districts on a par with
Auburn customers
It is the intent ofAuburn to provide the water described in paragraph III B
whenever it is available subject to the limitations described in paragraphs VIII
A and B Auburn shall use reasonable diligence and best efforts to provide
immediate notice in the event it becomes aware that it may not be able to fulfill
the requirements of paragraph III B for any reason
Term of Duration ofAgreement This IA2 shall remain in full force unless terminated
by mutual agreement ofthe Participants
Amendments
This IA2 may be amended only in writing by agreement signed by the
Participants
The authorized representatives shall have authority to updhte exhibits attached
hereto The exhibits shall be updated andor revised only upon written
agreement signed by the Participants authorized representatives Updates must
be ratified by Auburns City Council
Dispute Resolution
Should a dispute arise between the participants regarding the technical aspects of
the planning design construction funding or operation ofthe facilities
contemplated under IA2 the authorized representatives ofthe participants as
defined in paragraph II E shall meet and select two persons who along with
the authorized representatives of the participants will form a dispute resolution
panel to resolve the dispute Should the dispute resolution panel not be able to
reach a mutually satisfactory resolution the dispute will be resolved as described
below
Legal disputes between the participants to IA2 shall be resolved through the use
ofmediation by a mediator mutually acceptable to the participants with each
participant agreeing to equally share the cost ofthe mediator Should the
participants not be able to satisfactorily resolve the dispute through mediation
the forum for resolution shall be King County Superior Court The substantially
prevailing party will be entitled to attorney fees and costs
EXHIBIT A
5 o6 CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
XII Hold Harmless Each Participant agrees to indemnify and hold harmless the other
participant from and against any loss cost damage or expense ofany kind and naturearisingoutofinjurytopersonordamagetopropertyinanymannercausedbythe
negligent act or omission ofthe indemnified individual participant in the performance of
its work pursuant to or in connection with this IA2
XIII Severability If any provision ofthis IA2 is invalid or unenforceable the remainingprovisionsshallremaininforceandeffect
IN WITNESS WHEREOF tthe Participants hereto have caused this IA2 to be executed by their
proper Officers on the fl day of7b4aer1996
City ofAuburn
Title
Attest
By
Title
Date
Covington Water District
King County WaXerDistrict 111
6 of6
EXHIBIT A
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 090396
ii
3
Exhibit A
Facilities Plan
Continued
Exhibit A
Update Approval
Aubum
CWD 4z
Auburn
WDlll
Dated
Dated
Dated
Dated
Dated
Dated
Auburn
CWD
WD111
Dated
Dated
Dated
8 of 13
Exhibit B
Facility Ownership Capacity Rights Operation MaintenanceandRenewalandReplacementResponsibilities
to
Interlocal Agreement 2
for
Lea Hill Interti Project
Operation MaintenanceFacilityLocationFacilityCapacityRightsRenewalReplacementOwnershipResponsibilityNewLeaHillPumpGreenRiverRoadAuburnWD11125MGDAuburnStationI04thSECWD25MGDLeaHillBoosterPumpLeaHillReservoirSiteAuburnWD111andCWDAuburnStation95
Auburn 5 note 2FlowControlTelemetryLeaHillReservoirSiteAuburnWD111andCWD Auburn
95
Auburn 5 note 2MeterStationIntersectionof132naSEAuburnWDII1andCWD AuburnandSE288thStreet95
Auburn 5 note 216inchWaterlineGreenRiverRoad26aAuburnNote3 AuburnNEto104thSE
16inchGreen River Under Green River at Auburn Note 3 Auburncrossing26ndNE
16inch Waterline 104th SE NE 8to Auburn Note 3 AuburnGreenRiverRoad
20inchWaterline SE 304 New Lea Hill Auburn Note 3 AuburnPumpStationto116thSE
Well 6 City Auburn Note 3 AuburnWell7CityAuburnNote3Auburn16inchWaterlineKStreetSE22nStreetAuburnNote3AuburnPRVSEto21stStreetSE
12inch Waterline M Street SE Well I to Auburn Note 3 Auburn6thStreetSE
12inchWaterline 6th Street SE M Street Auburn Note 3 AuburnSEtoFStreetSE
12inch Waterline F Street SE 6m Street SE Auburn Note 3 Auburn
to 2n t Street SE
Note 2 Auburn capacity right is in recognition of the emergency capability of the facilityNote3Capacityrightisnotspecifictofacilityhoweverparticipationinconstructingthe facility providescapacityrightto5MGDfromAuburnswatersystem
EXHIBIT A
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 09103196
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance
and Renewal and Replacement Responsibilities
Continued
Exhibit B
Update Approval
1 Auburn
CWD
WDlll
Dated
Dated
Dated
Auburn
CWD
WDlll
Dated
Dated
Dated
Auburn
CWD
WDlll
Dated
Dated
Dated
EXHIBIT a
CITY Of AUBURN
RESOLUTION NO 2721
ADOPTED 090396
Exhibit C
Project Criteria
to
Interloeal Agreement 2
for
Lea Hill Intertie Project
Project Criteria
Waterlines shall be sized as shown on Exhibit A
No storage shall be included in the project All storage required to enable the
Districts to optimally use facilities constructed shall be provided by the Districts
Pumping Facilities shall be constructed to provide flow rates as described in
paragraph III B
The New Lea Hill Pump Station is to operate at design capacity with one pump in
standbymode
The Lea Hill Booster Pump Station is to operate at design capacity with one pump in
standby mode
Pump Stations to be designed with single speed pumps
Emergency Power not provided at pump stations
Flow rates to the Districts from Auburn through the facilities shall be set for constant
flow for full 24 hour periods subject to reasonable hydraulic and mechanical
tolerances
The Districts will notify AUburn by 900AM if the District requests adjustment of
the desired pumping rate for the following day except in case ofan emergencyIntheeventAuburndesiresemergencywaterfromtheDistrictstheDistrictswill
provide Auburn a daily estimate ofthe volume ofwater which will likely be
available during the following 24 hour period
Exhibit C
Update Approval
1 Auburn Dated
Dated
WDlll Dated
Auburn
CWD
WDlll
Dated
Dated
Dated
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
Exhibit D
Project Costs
to
InteHocal Agreement No 2
for
Lea Hill Intertie Project
Total Est Auburn Cost W13111 Cost CWD CostDescriptionCostPercentCostPercentCostefCostINSIDEAUBURN
PIPING
20 along 304th from Pump Station to 570000 10 57000 45 256500 45 256500116thAveSEW105106
16 on approx 26th from 1to Pump Station 395000 20 79000 40 158000 40 158000urderGreenRincicrossingWS102103
16 east of Green River from 8thSt 535000 20 67000 40 134000 40 134000toPumpStationW101
Meter Station 132nd SE andSE 288th 35000 5 1750 475 16625 475 1662512MStreetfromWell1to6thStreetSEWS110120000560004755700047557000126thStreetSEfromMStreettoFStreetWS111WS11214000057000475665004756650012FStreetfrom6thStreetto2ndStreetSEWS11385000542504754037547540375KStreetParallelpipelineandPRYWS11465000532504753087547530875PIPINGSUBTOTAL1745000225250759875759875PUMPSTATIONS
Green River Pump Station W104 350000 10 35000 45 157500 45 157500IntertiePumpStationWS107245000512250475116375475116375PUMPSTATIONSSUBTOTAL59500047250273875273875NEWSUPPLYFACILITIES
Onll and Develop Well 6 andWell157 7 mgd t1250000 286 357143 357 446429 357 446429S106S108S109S110
TOTAL ESTIMATED CONSTRUCTION COST 3590000 175 629643 412 1480179 412 1480179PRELIMINARYPROJECTCOSTS
Cost of Service Study Rate Study 41000 622 25502 189 7749 189 7749ConsultantSrevicesJan91toDec94
Feasibility Studies andWaterRights Analysis 41522 333 13841 333 13841 333 13841DevelopmentofInterlocelAgreement9406333313533331353333135FinalEngineeringRepo7198175126241229684122968PRELIMINARYPROJECTCOSTSSUBTOTAl99126437402789327893AILLIEDCOST
Contingency 150 538500 175 94446 412 222027 412 222027StateSalesTax8229438017551631412121375412121375EngineeringOesign65233350175409274129621241296212ConstructionEngineering75126925017547223412111013412111013Legal103590017562964121480241214802Fiscal103590017562964121480241214802Administration2071800175125934122960441229604PermitsAgencyApprovals30107700175188894124440541244405EngineenngSurveys2589750175157414123700441237004LandROW33118470175207784124884641248846TOTALALLIEDCOST5001795000314821740089740089TOTALPROJECTCOST548412698820522479602247960
Exhibit D Uldateaoproval
1 Auburn Dated 2 Auburn Dated
CWD Dated CWD Dated
WD111 Dated WD1 11 Dated
EXHIBIT A
CITY OF AUBURN
RESOLUTION NO 2721
ADOPTED 090396
Total lea Hill Inlertie Project Costs 5484126 Sgg44190 23s235746 82 803181 383380s263
Fxhlbl D UPdate IDOtoval I
Data tu 12 Auburn Date
Date C I CWD Date
D 7 D
Exhibit E Project Schedule
to
Interlocal Agreement 2
for
Lea Hill Intertie Project
Activity Date
Execute IA2
Rates for service charges provided
CWD and WD 111
deposit to Auburn
CWD and WD111
deposit to Auburn
CWD and WD111
deposit to Auburn
CWD and WD 111
deposit to Auburn
CWD and WD111
deposit to Auburn
each to provide 200000
each to provide 200000
each to provide 400000
each to provide 500000
each to provide 500000
Complete Construction ofWells 6 and 7
CWD and WD111 each to provide 600000
deposit to Auburn
Complete River Crossing
CWD and WD111
deposit to Auburn
CWD and WD111
deposit to Auburn
CWD and WD111
deposit to Auburn
each to provide 500000
each to provide 350000
each to provide 350000
Complete Construction ofWaterlines and
Pump Stations
Commissioning
September 3 1996
September 15 1996
October 15 1996
January 10 1997
April 25 1997
July 6 1997
January51998
January151998
April61998
July 6 1998
July 6 1998
October 5 1998
May 71999
May 14 1999
May 28 1999
12 of 13
2
Activity
Exhibit E Project Schedule
Continued
Date
Interim Project Cost Accounting
CWD and WD111 each to provide 200000
deposit to Auburn
Balancing Payment per Interim Accounting
Obtain Primary Water Rights for Wells 6 and 7
Final project Cost Accounting
Final CWD and WD111 Balancing Payment to Auburn
June 30 1999
July 5 1999
July 26 1999
January 3 2000
March 17 2000
April 17 2000
Exhibit E
Update Approval
1 Aubu
2 Auburn
Dated
Dated
Dated
Dated
CWD Dated
WDlll Dated
o Auburn
CWD
WDlll
Dated
Dated
Dated
REF HPROJPR61617E97954
13 of13
RESOLUTION NO 2 7 8 2
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
4 WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A NEW FRANCHISE
AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO
5 CONSTRUCT OPERATE AND MAINTAIN A WATER SYSTEM IN COUNCIL
DISTRICTS 7 9 AND 13 UNTIL YEAR 2021 AND A SHORT TERM
FRANCHISE TO CONSTRUCT OPERATE AND MAINTAIN A SEWER SYSTEM IN
7 COUNCIL DISTRICT 7 9 AND 13 UNTIL MARCH 1998
8
9
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
10
REGULAR MEETING DULY ASSEMBLE HEREWITH RESOLVES THAT
11
12
13 SECTION 1 AGREEMENT The Mayor of the City of Auburn is
14 herewith authorized to execute a Franchise Agreement between
15 the City of Auburn and King County to construct operate and
16
maintain a water system in Council Districts 7 9 and 13
17
until year 2021 and a short term franchise to construct18
19 operate and maintain a sewer system in Council Districts 79
20 and 13 until March 1998 A copy of said Agreement is
21
attached hereto denominated as Exhibit A and a copy of
22
King County Ordinance No 12473 approving the franchise is
23
24
25
26
Resolution No 2782
November 14 1996
Page 1
attached hereto denominated as Exhibit B and made a part
2
hereof as though set forth in full herein
4
5 SECTION 2 AUTHORIZATTON The Mayor is hereby
6 authorized to implement such administrative procedures as may
7 be necessary to carry out the directires of this iegislation
8 d ofl19DATEDandSIGNEDthisay96
9
10 CITY OF AUBURN
11
12
CHARLES A BOOTH
4 MAYOR
ATTEST
15
Robin Wohlhueter
18 City Clerk
9
APPROVED AS TO FORM
20 r
22
Michael J Reynolds
23 City Attorney
24
25
26
Resolution No 2782
November 14 1996
Page 2
12473
FRANCHISE NO
In the matter of the application for a franchise to operate maintain repair and construct
water mains and service lines and appurtenances in over along and under County roads and
rightsofway in King County Washington
The application of the CITY OF AUBURN for a franchise to operate maintain repair and
construct water mains and service lines and appurtenances in over along and under County roads
and r hisofway located within the area described in attached Exhibit A has been heard on this0fdayof5pTtynlr19eAllofthepropertydescribedinExhibitAlies
outside the limits of any incorporated Town or City
Legal notice of the franchise application and of the hearing has been given as is required bylaw
The King County Council having considered the interests proposed and advanced and
finding that the granting of this franchise is in the public interest ORDERS that a franchise be
granted to the CITY OF AUBURN the Grantee subject to the conditions set forth in Exhibit B
attached hereto this franchise and Ordinance NoqT This franchise grants the right privilegeauthorityandfranchisetooperatemaintainrepairandconstructmainsandservicelinesand
appurtenances as a part of its distribution system in over along and under County roads and
rightsofway located within the area described in
ExhibitA
This franchise is granted subject to all of the terms and conditions contained heren within
Ordinance No Exhibit Band shall expire in twentyfive years on f3 20
KING COUNTY WASHINGTON
BY
TITLE
The undersigned accepts all the rights privileges and duties of this franchise subject to all terms
conditions stipulations and obligations contained herein within OrdinanceI73and Exhibit
CITY OF AUBURN
GRANTEE
TITLE
Dated this codday of 0LgO Vc 19 q
1247 3
Exhibit A
Beginning at the northwest comer of the George E King Donation Land Claim No 40 situate in
Section 31 Township 22 North Range 5 East WM also known as the southeast corner of the R
H Beatty Donation Land Claim No 37 and No 44 situate in Section 31 Township 22 North
Range 5 East WM and in Section 36 Township 22 North Range 4 East WM Thence
westerly along the south boundary of said R H Beatty Donation Land Claim No 37 and 44 and the
south boundary of the John M Thomas Donation Land Claim No 42 situate in Section 36
Township 22 North Range 4 East WM to the easterly boundary of the corporate city limits of
the City of Auburn as described in the City of Auburn annexation Ordinance No 4770 Thence
northerly along said easterly boundary of the corporate city limits 495 feet thence easterly along a
line parallel with said south boundary of the John M Thomas Donation Land Claim No 42 an the
south boundary of said R H Beatty Donation Land Claim No 37 and 44 to the east boundary of
said R H Beatty Donation Land Claim No 37 and 44 Thence easterly along a line parallel with and
495 feet north measured at right angles of the north boundary of said George E King Donation
Land Claim No 40 and along said parallel line extended easterly to the thread of the Green River
Thence southerly along said thread of the Green River to the north boundary of said George E
King Donation Land Claim No 40 extended easterly thence westerly to the point of beginning
Together with
Beginning with the northwest corner of Section 5 Township 21 North Range 5 East WM
Thence easterly along the north boundary of said Section 5 to the thread of the Green River as
described in the City of Auburn Annexation Ordinance No 2511 Thence southerly along said
thread of the Green River to the south boundary of Government No 4 situate in Section 5
Township 21 North Range 5 East WM extended westerly Thence easterly along said south
boundary to the easterly margin of the Green River Road and the westerly boundary of the City of
Auburn Annexation No 4710 Thence northerly along said westerly boundary of the City of
Auburn Annexation No 4710 to the north boundary of the south 3000 feet of Section 32
Township 22 North Range 5 East WM Thence westerly along said north boundary to said
thread of the Green River as described in the City of Auburn Annexation Ordinance No 2511
Thence southerly along said thread of the Green River to said north boundary of Section 5
Together with
Beginning at the southwest corner of the S E 14 of the S W 14 of Section of Section 32Township22NorthRange5EastWMThencenortherlyalongthewestboundaryofsaidSE
14 of the S W 14 of Section 32 to the north boundary of the South 3000 feet of said Section 32ThenceeasterlyalongsaidnorthboundaryofSection32andalongthenorthboundaryofthesouth
3000 feet of Section 33 Township 22 North Range 5 East WM to the west boundary of the
east 285 feet of the S W 14 of said Section 33 as measured along the south boundary of said
Section 33 Thence southerly along said west boundary to said south boundary of Section 33
Thence southerly along a line parallel with the east boundary of the West 12 of Section 4Township21NorthRange5EastWMThenceeasterlyparallelwiththenorthboundaryofsaid
Section 4 a distance of 100 feet Thence southerly parallel with said east boundary of the West 12
of Section 4 a distance of 11400feet Thence easterly parallel with said north boundary of Section
4 a distance of 15500 feet to the west boundary of the east 3000 feet of said West 12 of Section
4 Thence southerly along said west boundary of the east 3000 feet to the south boundary of the
North 12 of the South 12 of said Section 4 Thence easterly along said south boundary and alongthesouthboundaryoftheNorth12oftheSouth12ofSection3Township21NorthRange5
East WM to the northwesterly margin of Primary State Highway No 2 also known as State
Route 18 Thence southerly and westerly along said northwesterly margin to the easterly corporate
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city limits of the City of Auburn Thence northerly and westerly along said easterly corporate citylimitsoftheCityofAuburntothesouthboundaryofGovernmentLotNo4inSection5
Township 21 North Range 5 East WM extended westerly Thence easterly to the southeast
corner of said Government Lot No 4 Thence northerly to the point of beginningTogetherwith
Beginning at the southwest corner of the N E 14 of the S W 14 of Section 21 Township 21
North Range 5 East WM said point located on the easterly corporate city limits of the City of
Auburn Thence northerly along said corporate city limits of the City of Auburn to the southeasterly
margin of said Primary State Highway No 2 also known as State Route No 18 Thence
northeasterly along said southeasterly margin to the thread of the Green River Thence southeasterly
along said thread of the Green River to the east boundary of Section 26 Township 21 North
Range 5 East WM Thence southerly along said east boundary of Section 26 and southerly along
the east boundary of Section 35 Township 21 North Range 5 East WM to the southeast corner
of said Section 35 Thence westerly along the south boundary of said Section 35 to the thread of the
White River and the easterly corporate city limits of the City of Auburn Thence north and westerly
along said easterly corporate city limits of the City of Auburn to the point ofbeginning
Together with
Beginning at the southwest corner of Section 36 Township 22 North Range 4 East WM
Thence northerly along the westerly boundary of said Section 36 to the northerly margin of South
277th Street also known as 52nd Street N W which is the southerly corporate limits of the City of
Kent Thence easterly along said northerly margin of South 277th Street and along the southerly
corporate limits of the City of Kent and along the northerly corporate limits of the City of Auburn
to the westerly margin of Auburn Way North Thence southeasterly along said westerly margin
2100 feet more or less to the westerly corporate city limits of the City of Auburn as described in
the City of Auburn Ordinance No 2511 Thence southerly along said westerly corporate city limits
to the southerly boundary of the W A Cox Donation Land Claim No 38 and 41 Thence westerly
along said southerly boundary to the easterly boundary of the Plat of White River Valley Home
Tracts as recorded in Volume 13 of Plats Page 17 records of King County Washington Thence
northerly along said easterly boundary of the Plat of White River Valley Home Tracts to the
northeast corner of Tract 20 of said Plat of White River Valley Home Tracts Thence westerly
along the north boundary of said Tract 20 to the westerly margin of 80th Avenue South Thence
southerly along said westerly margin of 80th Avenue South to the southerly boundary of Section
36 Township 22 North Range 4 East WMThence westerly to the point of beginning
Less that portion of the above described franchise areas lying within the corporate city limits of the
City of Auburn Washington and less that portion of the above described franchise areas lyingwithinthecorporatecitylimitsoftheCityofKentWashington
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EXHIBIT
BTERMS AND CONDITIONS APPLICABLE TO
UTILITIES FRANCHISES GRANTED BY KING COUNTY
THIS FRANCHISE is subject to the following terms and conditions
1 DEFINITIONS
References to any County official or office also refers to any office that succeeds to any or all of the
responsibilities of the named office or official References to laws or applicable laws include
federal state and local laws and regulations adopted pursuant to those laws unless otherwise
stated references to laws include laws now in effect as the same may be amended from time to
time during the operation of this franchise In addition the following definitions shall apply
Cable Services The term Cable Services is used as defined in 47 United States Code 522 5 as
amended
Cable System The term Cable System is used as defined in 47 United States Code 522 6 and
King County Code 6a010 J as amended
County Road RightsofWay The term County Road RightsofWay includes any road street
avenue or alley located within the area described in the attached Exhibit A it does not include
recreational or nature trails except where the trails intersect or are within roads streets avenues or
alleys
Director The term Director refers to the chief executive of the King County Department of
Transportation
Grantee The term Grantee refers to the CITY OF AUBURN its successors and those assigneesapprovedpursuanttoparagraph16herein
Utility The term utility refers either to the Grantee or depending on the context to any other
person firm or corporation public or private which may hold a franchise to maintain and operatesimilarfacilitiesinunderoveracrossandalonganyoftheCountypropertydescribedinExhibit
Council The term Council refers to the King County Council acting in its official capacityOtherGoverningBodyThetermOtherGoverningBodyreferstoanypublicofficialorother
public board or body as may have the power and jurisdiction to permit or regulate the installation
and maintenance of utilities and other facilities in under over across and along any of the county
property described in Exhibit A
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2 ACCEPTANCE BY GRANTEES OF TERMS AND CONDITIONS
The full acceptance of this franchise and all of its terms and conditions shall be filed with the Clerk
of the Council within fortyfive 45 days from 19 by the Grantee Full
acceptance of this franchise is a condition precedent to its taking effect and unless this franchise is
accepted within the time specified this grant will be null and void and have no force or effect
3 NONEXCLUSIVEFRANCHISE
This franchise is not exclusive It does not prohibit King County from granting franchises for other
public or private utilities in under over across and along any County property including Countyroadrightsofway
This franchise does not prevent or prohibk King County from constructing altering maintaining or
using any County road rightsofway covered by this franchise King County retains full power to
make all changes relocations repair maintenance etc as it may deem fit
4 JURISDICTION
This franchise is intended to convey limited rights and interest only as to those roads and rights of
way in which King County has an actual interest It is not a warranty of title or of interest in
County road rightsofway
Whenever any of the County road rightsofway as designated in this franchise by reason of the
subsequent incorporation of any Town or City or extension of the limits of any Town or City shall
later fall within the City or Town limits this franchise shall continue in force and effect until such
time as the incorporation andor annexation is complete according to applicable State law after
which time the County will no longer have any responsibility for maintenance of any County roads
rightsofway or other County property within the area of annexationincorporation
None of the rights granted to the Grantee shall affect the jurisdiction of King County over CountyroadrightsofwayortheCountyspowertoperformworkuponitsroadwaysrightsofwayor
appurtenant drainage facilities including by conswucting altering renewing paving wideninggradingblastingorexcavating
All of the rights herein granted shall be subject to and governed by this franchise providedhoweverthatnothinginthisfranchisemaybeconstruedinanywayaslimitingKingCountysrightstoadoptordinanceswhicharenecessarytoprotectthehealthsafetyandwelfareofthe
general public
5 REGULATION OF USE AND CONTROL
This franchise does not deprive King County of any powers rights or privileges it now has or maylateracquireinthefuturetoregulatetheuseofandtocontroltheCountyroadrightsofwaycoveredbythisfranchise
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This franchise authorizes the use of County rightsofway solely for the delivery by the Grantee of
natural gas to it customers Additional uses of County rightsofway by the Grantee including for
cable communication services shall fwst require a separate franchise from King County which
conforms to the requirements of KCC 627 as amended or KCC 627A as amended and other
applicable law
Any use of the Granteesequipment of facilities in County rightsofway by others including for
telecommunication or cable communication services is prohibited unless separately authorized and
approved in writing by King County The Grantee agrees that prior to authorizing any person to
use the Granteesequipment or facilities located in County rightsofway the Grantee will requiretheusertoprovidetheGranteewithanaffidavitthatithasobtainedthenecessaryfranchiseorother
approval from the County to operate and provide the proposed service in County rightsofway At
least thirty 30 day prior to executing any agreement with a potential user for the use of the
Granteesequipment or facilities the Grantee shall fax the affidavit to the King County Office of
Cable Communication at 2062960842
6 EMINENT DOMAIN
This franchise and the limited rights and interests for the operation maintenance repair and
construction of Grantees transmission and service lines and appurtenances are subject to the
exercise of eminent domain In the event of an exercise of eminent domain by King County the
value to be atlributed to all the rights and interests granted under this franchise shall not exceed the
actual amount the Grantee paid to King County in obtaining this franchise
7 ENFORCEMENT
Failure of King County on one or more occasions to exercise a right or to require compliance or
performance under this franchise or any applicable law shall not be deemed to constitute a waiver
of such right or a waiver of compliance or performance unless such right has been specificallywaivedinwritingFailureofKingCountytoenforceorexerciseitsrightsunderanyprovisionof
this franchise or applicable law does not constitute a waiver of its rights to enforce or exercise a
right in any other provision of this franchise or applicable law
8 INDEMNITY AND HOLD HARMLESS
The Grantee agrees to indemnify and hold harmless King County as provided herein to the
maximum extent possible under law Accordingly the Grantee agrees for itself its successors and
assigns to defend indemnify and hold harmless King County its appointed and elected officials
and employees from and against liability for all claim demands suits and judgments including
costs of defense thereof for injury to persons death or property damage which is caused by arises
out of or is incidental to Granteesexercise of rights and privileges granted by this franchise The
Granteesobligations under this section shall include
a Indemnification for such claims whether or not they arise from the sole negligence of
the Grantee the concurrent negligence of both parties or the negligence of one or more third
parties
b The duty to promptly apttender of defense and provide defense to the County at the
Granteesown expense
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c Indemnification of claims made by the Granteesown employees or agents
d Waiver of the Granteesimmunity under the industrial insurance provisions of Title 51
RCW which waiver has been mutually negotiated by the parties
In the event it is necessary for the County to incur attorneysfees legal expenses or other costs to
enforce the provisions of this section all such fees expenses and costs shall be recoverable from
the Grantee
In the event it is determined that RCW 424115 applies to this franchise agreement the Grantee
agrees to defend hold harmless and indemnify King County to the maximum extent permitted
thereunder and specifically for its negligence concurrent with that of King County to the full extent
of Granteesnegligence Grantee agrees to defend indemnify and hold harmless the County for
claims by Granteesemployees and agrees to waiver of its immunity under Title 51 RCW which
waiver has been mutually negotiated by the parties
King County shall give the Grantee timely written notice of the making of any claim or of the
commencement of any such action suit or other proceeding covered by the indemnity in this
section In the event any such claim arises the County or any other indemnified party shall tender
the defense thereof to the Grantee and the Grantee shall have the duty to defend settle or
compromise any claims arising hereunder and the County shall cooperate fully therein
Notwithstanding the above the County shall have no obligation to tender a defense as a condition
of the indemnity where there is a material conflict between the interests of the Grantee and King
County
9 VACATION
If at any time King County vacates any County road rightsofway covered by this franchise King
County will not be held liable for any damages or loss to the Grantee by reason of such vacation
King County may after giving thirty 30 days written notice to the Grantee terminate this
franchise with respect to any County road rightsofway vacated
10 REPAIR REMOVAL OR RELOCATION
The Grantee hereby covenants at its own expense to repair remove or relocate existing facilities
including all appurtenant facilities and service lines connecting its system to users within KingCountyroadrightsofwayifsuchrepairremovalorrelocationisrequiredbyKingCountyfor
any County road purpose Such repair removal or relocation shall not be unreasonably required
The grantee shall at no expense to the County adjust remove or relocate existing facilities within
County road rightsofway including all appurtenant facilities and service lines connecting its
system to users if the County determines such adjustment removal or relocation is reasonably
necessary to allow for an improvement or alteration planned by the County in such road rightof
way The County shall give the Grantee written notice of such requirement as soon as practicable
at the beginning of the predesign stage for projects that are part of the Countys capitalimprovementprogramincludingsuchavailableinformationasisreasonablynecessaryforthe
Grantee to plan for such adjustment removal or relocation
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For projects that are a part of the Countyscapital improvement program in addition to any other
notice given to the Grantee the County shall provide a vertical and horizontal profile of the
roadway and drainage facilities within it both existing and as proposed by the County and the
proposed construction schedule notwithstanding any permit conditions that may later be applied to
the County project this initial design information shall be given at least 180 days before
construction is scheduled to begin except in cases of urgent construction or emergencies The
Grantee shall respond to this notice and to any later notices of revised designs based on permitconditionswithinnomorethanthirty30daysbyprovidingtotheCountythebestavailable
information as to the location of all of the Granteesfacilities including all appurtenant facilities
and service lines connecting its system to users and all facilities that it has abandoned within the
area proposed for the public works project
The County shall offer the Grantee the opportunity to participate in the preparation of bid
documents for the selection of a contractor to perform the public works project as well as all
required adjustments removals or relocations of the Granteesfacilities Such bid documents shall
provide for an appropriate cost allocation between the parties The County shall have sole authority
to choose the contractor to perform such work The Grantee and the County may negotiate an
agreement for the Grantee to pay the County for its allocation of costs but neither party shall be
bound to enter into such an agreement Under such an agreement in addition to the Grantees
allocation of contractor costs the Grantee shall reimburse the County for cost such as for
inspections or soils testing related to the Granteeswork and reasonably incurred by the County in
the administration of such joint construction contracts Such costs shall be calculated as the direct
salary cost of the time of County professional and technical personnel spent productively engaged in
such work plus overhead costs at the standard rate charged by the County on other similar projects
including joint projects with other County agencies
11 REOUIREMENT OF CONSTRUCTION PERMITS
The Grantee its successors or assigns has the right privilege and authority to enter the Countyroadrightsofwayforthepurposeofoperatingmaintainingrepairingorconstructionits
transmission and service lines and appurtenances on the condition that it obtains permits approvedbytheDirectorandPropertyServicesDivisionandwhenapplicablebytheDepartmentof
Development and Environmental Services Applications for work permits shall be presented to the
Property Services Division which may require copies of plans blueprints crosssections or further
detailing of work to be done In the event of an emergency the Grantee may immediately
commence the necessary work and shall apply the next business day for the work permit AnyworkdonewhetherbyGranteeitscontractorsorthirdpartieswillincludenecessarypavingpatchinggradingandanyotherreasonablynecessaryrepairorrestorationtotheCountyroad
rightsofway All work shall be done to the satisfaction of the Director
All equipment lines and appurtenances which are used in the operation maintenance repair or
construction of the Granteesservice and which are located within the County road rightsofwayshallbeconsideredtobepartoftheGranteessystemandshallbetheresponsibilityoftheGrantee
All permits for the operation maintenance repair or construction of said system shall be appliedforandgiveninthenameoftheGranteewhowillberesponsibleforallworkdoneunderthe
permit The Grantee remains responsible whether the work is done by the Grantee its contractors
or by third parties
12473t
The Grantee shall at no expense to the County assume the following obligations with respect to
the facilities connected to its system that are within County road rightsofway and which it does
not own including appurtenant facilities and service lines connecting its system to users
a The Grantee shall apply for upon request and on behalf of the owner of the
facilities a County rightofway construction permit for any repairs required for such
facilities provided such owner agrees to reimburse the Grantee for all costs incurred by
the Grantee and any other reasonable conditions the Grantee requires as a precondition
to applying for the permit All work to be performed in the County rightofway shall
comply with all conditions of the County permit and all applicable County requirements
The Grantee may at its option perform any part of the repair with its own forces or requiretheownertoemployacontractorforthatpurposeprovidedsuchcontractorisapprovedby
the County
Co In the event that the County determines emergency repair of such facilities is
necessary to halt or prevent significant damage to County road rightsofway or
significant threats to the health safety and welfare ofparties other than the owner or the
occupants of the building served by such facilities the Grantee shall take prompt
remedial action to correct the emergency to the Countysapproval which the Countyshallnotunreasonablywithhold
c When the County or its contractor provides notice to the Grantee pursuant to
RCW 19122 of its intent to excavate within County road rightsofway the Grantee
shall provide to the County or its contractor the best information available from the
Granteesrecords or where reasonable from the use of locating equipment as to the
location of such facilities including surface markings where these would reasonably be
ofuse in the excavation If the Grantee fails to make good faith efforts to provide the
above information within the deadlines provided by RCW 19122 the Grantee shall hold
the County harmless for all reasonable costs that result from damage to such facilities if
such damage occurs as a result of the failure to provide such information Nothing in
this subsection is intended or shall be construed to create any rights in any third party
or to form the basis for any obligation or liability on the part of the County or the
Grantee toward any third party nor is anything in this subsection intended to be
construed to alter the rights and responsibilities of the parties under RCW 19122 as
amended
12 RESTORATION OF COUNTY ROAD RIGHTSOFWAY
After work on under or adjacent to County road rightsofway the Grantee is responsible for and
will leave all County road rightsofway in as good a condition as they were in before any work
was done In the event that the Grantee its contractors or third parties working under permit
should fail to restore County road rightsofway to the satisfaction of the Director King County
may make such repairs or restorations as are necessary to return the County road rightsofway to
its prework condition Upon presentation of an itemized bill for repairs or restorations includingthecostsoflaborandequipmenttheGranteewillpaythebillwithinthirty30daysIfsuitis
brought upon the Granteesfailure to pay for repair and restoration and if judgment in such a suit
is entered in favor of King County then the Grantee shall pay all of the actual costs includinginterestfromthedatethebillwaspresenteddisbursementsandattorneysfeesandlitigationrelatedcostsincurred
l0
1247 319PEIORMANCEOFWORK
The Grantee covenants that in consideration for the rights and privileges granted by this franchise
all work performed by the Grantee on County road rightsofway shall conform to all County
requirements including but not limited to the requirements of the current edition of the County
Road Standards in force when the work is performed and all traffic control shall also conform to
the current edition of the Manual of Uniform Traffic Control Devices in force when the work is
performed
14 BLASTING REOUIREMENTS
The right to operate maintain repair and construct Granteesdistribution and service lines and
appurtenances granted by this franchise does not preclude King County its agents or contractors
from blasting grading or doing other road work to the Granteeslines and appurtenances Except
in the case of an emergency the Grantee will be given ten 10 business days written notice of any
blasting so that the Grantee may protect its lines and appurtenances If the Grantee notifies the
County within ten 10 business days that the facilities will have to be relocated to protect them
from blasting the County will defer the blasting for up to ninety 90 days from the date of the
original notice In no event will the Grantee be given less than two 2 business days written notice
of any blasting Notification of any excavation shall be provided through the OneCall System as
provided by RCW 19122 as hereinafter amended
15 SURVEY MARKERS AND MONUMENTS
It shall be the responsibility of the Grantee performing any construction work in the County road
rightsofway to restore any survey markers or monuments disturbed by such construction in
accordance with RCW 5809130 and as bereinafter amended
16 ASSIGNMENT
The Grantee shall not have the right to assign this franchise without the consera of the MetropolitanKingCountyCouncilgivenbyOrdinanceNoassignmentshallbeeffectiveunlessanacceptancebytheassigneeofallrightsconditionstermsprovisionsandresponsibilitiescontainedwithinthe
franchise as well as surety bonds which the Council deems necessary to be posted are received
Council approval of the assignment may be made subject to the assigneesacceptance of new or
modified terms of the franchise
17 EXPIRATION AND RENEWAL
To the extent described in Exhibit A all rights granted by this franchise to County road rightsof
way outside incorporated Towns and Cities apply to all existing County road rightsofWayimprovedandunimprovedandtoallCountyroadrightsofwayacquiredbyKingCountyduring
the term of this franchise
If the Grantee has initiated a renewal of this franchise before it expires the County may at its sole
discretion extend the term of the franchise on a month to month basis for up to one year Should
the County elect to extend the franchise written notice shall be provided to the Grantee before the
franchise expiration date
If the Grantee has not applied for a renewal of this franchise before it expires King County has the
right to remove or relocate any lines and appurtenances of the Grantee as is reasonably necessaryforthepublicshealthwelfaresafetyorconvenienceincludingbutnotlimitedtothesafe
operation of County roads franchise holders or for the construction renewing altering or
improving of any County road rightofway or for the installation of lines andor facilities of other
franchise holders Grantee shall be liable for the costs incurred in any removal or relocation of its
lines and appurtenances under this section Costs include the expense of labor and equipment
Upon expiration of this franchise the Grantee shall continue to be responsible for the operation and
maintenance of existing facilities in the County road rightsofway until removed assigned to
another franchised utility or abandoned however the Grantee shall not have the right to provideadditionalservicesorconstructnewfacilitiesKingCountywillissuepermitsrequiredforthe
repair and maintenance of the existing facilities in accordance with KCC 1444055 as mended
and Section 11 of this franchise This section and sections 8 1013 and 15 of this franchise shall
continue in force until such time as the lines are removed from County road rightsofway assigned
to another franchised utility or abandoned in place with the approval of the Manager of the
Department of Transportation Road Services Division
18 RESERVATION OF RIGHTS
King County specifically reserves for itself the right to impose a utility tax on the Grantee if such
taxing authority is granted by State of Washington and the local option is exercised by the King
County Council
King County also specifically reserves the right to exercise authority it has or may acquire in the
future to secure and receive fair market compensation for the use of its property pursuant to an
ordinance If King County elects to exercise such authority the fair market compensationrequirementforGranteeshallbeimposedbyordinancenotlessthanonehundredeighty180days
after written notice Compensation Notice is delivered to the Grantee said Compensation Notice
identifying with specificity the definition terms andor formula to be used in determining such fair
market compensation Acceptance of King Countys definition terms andor formula identified in
the Compensation Notice will occur if the Grantee accepts in writing within thirty 30 days of
receipt of the Compensation Notice or if Grantee takes no action in writing within thirty 30 daysofreceiptoftheCompensationNoticeinwhichcasetheapplicableordinancethattheKingCountyCouncilpasseswillbedeterminative
Nothing in this section shall be construed as an agreement by the Grantee of King Countysright to
exercise authority it has or may acquire in the future to secure and receive fair market compensationfortheuseofpropertyNothinginthissectionshallbeconstruedtoprohibittheGranteefrom
challenging in King County Superior Court or a court of competent jurisdiction the legality of
such right
Granteesrejection of the definition terms andor formula identified in the Compensation Notice
will only occur if such rejection is in written form identifying with specificity the grounds for such
rejection and delivered to King County within thirty 30 days after receipt of the CompensationNoticeinwhichcasethebelowidentifiedarbitrationtermswillapply
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a The Grantee and King County will select one arbitrator each and the two selected
arbitrators will select a third arbitrator If the two arbitrators have not selected a third arbitrator
within thirty 30 days after the selection of the last selection of the two either the Grantee or KingCountymayapplytothepresidingjudgeoftheKingCountySuperiorCourtfortheappointmentof
a third arbitrator The three arbitrators will determine the method for determining the fair market
compensation for the County property used by the Grantee The arbitration procedure employed
shall be consistent with the rules and procedures of the American Arbitration Association The
decision of a majority of the arbitrators will bind both the Grantee and King County At the
conclusion of the arbitration the arbitrators will submit written reports to the Grantee and King
County which shall contain all pertinent evidence that led to their conclusion together with an
explanation of their reasoning for such conclusion
b The fees of the arbitrators selected by each party shall be paid by that party and the
fees of the third arbitrator shall be paid onehalfby the County and the Grantee The other costs of
the proceeding shall be shared equally by the County and the Grantee
c In event that the question of fair market compensation is not resolved prior to the
effective date specified by the ordinance authorizing said compensation the arbitration
decision will be applied retroactively to the effective date in the ordinance The Grantee will pay
the retroactive sum plus interest in the amount of twelve percent 12 per annum
Nothing in this franchise may be construed to limit the exercise of authority now or later possessed
by the County or any other governing body having competent jurisdiction to fix just reasonable
and compensatory rates or other requirements for services under this franchise Nothing in this
section shall be construed to prohibit the Grantee from challenging in King County Superior Court
or a court of competent jurisdiction the authority of the County or any other governing body to fix
rates or other requirements for services
19 COMPLIANCE WITH LAWS
Grantee shall conform to all applicable federal state and local laws and regulations including but
not limited to the State Environmental Policy Act and King County environmental standards and
ordinances
20 NONDISCRIMINATIONCLAUSE
In all hiring or employment made possible or resulting from this franchise agreement there shall be
no discrimination against any employee or applicant for employment because of sex sexual
orientation age race color creed national origin marital status or the presence of any sensory
mental or physical handicap unless based upon a bona fide occupational qualification and this
requirement shall apply to but not be limited to the following employment advertising layoff or
termination rates of pay or other forms of compensation and selection for training including apprenticeship
No person shall be denied or subjected to discrimination in receipt of the benefit of any services or
activities made possible by or resulting from this agreement on the grounds of sex sexual
orientation race color creed national origin age except minimum age and retirement provisionsmaritalstatusorthepresenceofanysensorymentalorphysicalhandicap
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Any violation of this provision shall be considered a violation of a material provision of this
agreement and shall be grounds for cancellation termination or suspension in whole or in part of
the agreement by the County and may result in ineligibility for further County agreements
The Grantee shall make the best efforts to make opportunities for employment andor contracting
services available to women and minority persons The Grantee recognizes that King County has a
policy of promoting afftrmative action equal opportunity and has resources available to assist
Grantee in these efforts
21 PENALTY FOR VIOLATION OF CONDITIONS
If the Grantee shall violate or fail to comply with any of the material terms conditions or
responsibilities of this franchise through neglect or failure to obey or comply with any notice given
the Grantee under the provisions of this franchise or if the Grantee abandons its franchise
the Council may revoke this franchise King County shall give written notice of its intent to revoke
this franchise A public hearing shall be scheduled within fortyfive 45 days following the
notification The decision to revoke this franchise will become effective ninety 90 days following
the public hearing if the County by ordinance finds
A That the Grantee has not substantially cured the violation or failure to comply which
was the basis ofthe notice or
B that the violation or failure to comply which was the basis of the notice is incapable of
cure or
C that the Grantee has repeatedly violated or failed to comply with any of the material
terms conditions or responsibilities of the franchise even though the individual violations have
been cured and
D that the revocation of the franchise is in the public interest
During the fortyfive 45 days following the notification the Grantee shall have the opportunity to
remedy the failure to comply
22 RIGHT OF APPEAL
Decisions requirements or approvals of the Director are binding on the parties to this document
Appeals from the Directors determinations will be made by filing a complaint with the KingCountySuperiorCourt
23 SEVERANCE
This franchise gives effect to purposes and uses which are consistent with economical and efficient
services rendered in the public interest If any provision of this franchise or its application is
determined to be invalid by a court of law then the remaining provisions of this franchise shall
continue and remain valid unless the dominant purpose of the franchise would be prevented or the
public interest is no longer served
Revised 07251
12473
FRANCHISE EXTENSION AGREEMENT
RECITALS
WHEREAS the City of Auburn currently holds water and sewer Franchise 7543 granted
by King County Washington for the operation of its sewer and water system in unincorporated
King County and
WHEREAS the City of Auburn franchise expired on November 30 1994 and
WHEREAS the City of Auburn has requested a renewal of said franchise and
WHEREAS a water and sewer franchise was approved by the Council under Ordinance
7543 on May 22 1989 This extension is for the sewer portion only and
WHEREAS the water franchise for that portion of the water system will be incorporated in
the franchise for proposed Ordinance No 96682 which consolidates all of the City of Auburn
water franchises into one franchise agreement and
WHEREAS the City of Auburn King County and the Utilities Technical Review
Committee recommend that said franchise be extended until March 1 1998 to give the City the
opportunity to complete and obtain approval of its updated sewer comprehensive plan and
WHEREAS no objections have been raised to the granting of this request and
WHEREAS King County has approved the extension of this franchise until March 1 1998
through the passage of Ordinance No 74 9 subject to the conditions contained in the
ordinance and this agreement
NOW THEREFORE King County Washington and the City of Auburn agree as follows
1 The terms of King County Water and Sewer Franchise 7543 is hereby approved and extended
so that it will now expire on March 1 1998
2 All other conditions of King County Water and Sewer Franchise 7543 shall remain in full force
and effect and are not modified or amended by this agreement or Ordinance No
CITY OF AUBURN WASHINGTON KI COUp WASHINGTON
TITLE ctcc TITLE
GHRISTOPHSR VANCF
1 090696 Introduced By Brian Derdowski
2 AUBRNSB296MMc Proposed No 96682
3
8 AN ORDINANCE approving a franchise for the City of Auburn to
9 construct operate and maintain water system in Council Districts 7
10 9 and 1 and a shoe term franchise to cestmct peateand
11 maintain a sewer system in Council Disiridts 7 9 and land
12 authorizing the Executive to execute the franchise agreements
13
14 STATEMENT Or FACTS
15
16 I The City of Auburn has filed an application for franchises in council districts 7 9
17 and i to construct operate and maintain water and sewer systems to serve residential multi
18 family and commercial areas in accordance with RCW3555010and KCC 527
19
2 0 2 The citys comprehensive plan for water was approved on June 7 i 996 by King
2 1 County Ordinance 12342
22
2 3 3 The citys sewer plan was approved in 982 KCC 1324i 10 requires that the
2 4 sewer plan be updated by the end of 1996 and further that it be updated every 6 years or that
2 5 a demonstration be made that the plan is consistent with the 1994 King County
2 6 Comprehensive Plan There is nodocumentation offered to show thatsucha demonstration
2 has been made
28
2 9 4 The existing franchises expired in May of this year
30
31 5 The application has been referred to the relevant county departments for review
32
3 3 6 The King County executive has recommended approval of the franchise
34
3 5 7 The Utilities Technical Review Committee reviewed and approved the districts
3 6 franchise legal description and map on April 26 1995
37
38 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY
39
10 SECTION 1 The granting ofa franchise to the City of Aubum to construct operate and
4 1 maintain a water system within King County is hereby approved for a period oftwentyfive
4 2 years The granting ofa franchise extension to the City ofAuburn to construct operate and
4 3 maintain a sewer system within King County until March 1 1998 is hereby approved The
4 4 extension period is provided to allow time for the City to demonstrate its compliance with
4 5 KCC1324110 The King County executive is authorized to enter into and execute the
4 6 water system franchise and the sewer franchise extension for the terms specified which by
4 7 this reference is fully incorporated herein Said franchises shall
12473
1 include all bf the geheral and special conditions required by the county
2 SECTION 2 If within 45 days after the granting of this franchise the applicant shall
3 have failed to sign the written acceptance incorporated herein then the rights and privileges
4 granted herein shall be forfeited and said franchise shall be null and void
5 INTRODUCED AND READ for the first time t lt xt 0dthisdayof i 996
6 PASSED by a vote of02 toOthiS dYO ofcefltnJq996day
7 KING COUNTY COUNCIL
8 KINLUNGTON9
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14 ATTEST
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20 is of 1996 E21
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24 Kin t xecutivegY
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2 6 Attachments
27 A Franchise Agreement for Water
2 8 B Franchise Extension for Sewer
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RESOLUTION NO 2 9 2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SETTLEMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY
OF BONNEY LAKE
WHEREAS Auburn and Bonney Lake are currently involved in
several related disputes regarding the provision of water
service to a development known as Lakeland Hills South
within Auburns currentlydesignated Pierce County Potential
Annexation Area and
WHEREAS Auburn is currently seeking to annex a portion
of its Pierce County Potential Annexation Area and
WHEREAS Bonney Lake is currently opposing said
annexation proposal and
WHEREAS Bonney Lake has initiated litigation against
Auburn in Pierce County Superior Court alleging tortious
interference with a contractual relationship and
WHEREAS Auburn has threatened legal andor
administrative action with respect to various water rights
owned by Bonney Lake and
WHEREAS Bonney Lake has threatened legal andor
administrative action with respect to various water rights
owned by Auburn and
Resolution No 2925
February 27 1998
Page 1
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WHEREAS the parties hereto desire to enter into a
settlement agreement the express intent of which is to settle
all claims and disputes between Auburn and Bonney Lake
relating to the provision of water service to Auburns Pierce
County Potential Annexation Area and related water rights
issues and
WHEREAS Bonney Lake and Auburn are both desirous of
entering into cooperative arrangements to provide for the
efficient and costeffective provision of water to their
customers
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute the Settlement
Agreement between the City and the City of Bonney Lake A
copy of said Settlement Agreement is attached hereto
designated as Exhibit A and incorporated by reference in
this Resolution
Section 2 The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
DATED and SIGNED this 2nd day of March 1998
Resolution No 2925
February 27 1998
Page 2
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ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
ids
City Attorney
Resolution No 2925
February 27 1998
Page 3
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
SETTLEMENT AGREEMENT
CITY OF AUBURN AND CITY OF BONNEY LAKE
THIS SETTLEMENT AGREEMENT Agreement is entered into
this L day of March 1998 by and between the CITY OF
AUBURN Auburn a municipal corporation and the CITY OF
BON LAKE Bonney Lake a municipal corporation
WHEREAS Auburn and Bonney Lake are currently involved
in several related disputes regarding the provision of water
service to a development known as Lakeland Hills South
LHS within Auburns currentlydesignated Pierce County
Potential Annexation Area PC PAA
WHEREAS Auburn is currently seeking to annex a
portion of its PC PAA and
WHEREAS Bonney Lake is currently opposing said
annexation proposal and
WHEREAS Bonney Lake has initiated litigation against
Auburn in Pierce County Superior Court alleging tortious
interference with a contractual relationship and
WHEREAS Auburn has threatened legal andor
administrative action with respect to various water rights
owned by Bonney Lake and
Settlement Agreement
City ofAubum City ofBonney Lake
March 3 1998
Page 1 rcagreesacitybonney
Exhibit A
Auburn Resolution No 2925
WHEREAS Bonney Lake has threatened legal andor
administrative action with respect to various water rights
owned by Auburn and
WHEREAS the parties hereto desire to enter into a
settlement agreement the express intent of which is to
settle all claims and disputes between Auburn and Bonney
Lake relating to the provision of water service to Auburns
PC PAA and related water rights issues and
WHEREAS Bonney Lake and Auburn are both desirous of
entering into cooperative arrangements to provide for the
efficient and costeffective provision of water to their
customers
NOW THEREFORE the parties agree as follows
1 Bonney Lakes claims against Auburn in Pierce
County Cause No 972052128shall be dismissed with
prejudice and without costs to either party
2 Bonney Lake shall withdraw its opposition to
Auburnsproposed annexation of a portion of AuburnsPC PAA
in Pierce County Boundary Review Board Case No A975
3 Auburn recognizes and agrees to Bonney Lakes
exclusive right to serve with water all portions of Bonney
Lakes water service area as designed by the 1995 Pierce
County Coordinated Water System Plan for a period of seven
years from the effective date of any Auburn annexation of
Settlement Agreement
City ofAuburn City ofBonney Lake
March 3 1998
Page 2 cagreesaitybonney
Exhibit A
Auburn Resolution No 2925
any area within such service area It is understood that
Auburn anticipates multiple annexation proceedings regarding
such areas Bonney Lake shall not oppose such annexation
proposals and pursuant to this paragraph Bonney Lake shall
have the exclusive right to serve each annexation area for
seven years from the effective date of annexation
4 Upon the expiration of each sevenyear period or
sooner if requested by Bonney Lake provided for in
paragraph 3 with respect to a particular portion of Bonney
Lakes water service area Auburn shall at its option have
the exclusive right to serve such area with water subject
to the further requirements and conditions contained in
paragraphs 5 and 6 of this Agreement
5 Upon the expiration of each sevenyear period or
sooner if requested by Bonney Lake provided for in
paragraph 3 with respect to a particular portion of Bonney
Lakes water service area Bonney Lake shall at Auburns
option transfer to Auburn by bill of sale all of its
ownership rights in water system facilities located within
and used to serve such area with the exception of
facilities retained by Bonney Lake in accordance with
paragraph 6 below Auburn shall have no obligation to
compensate Bonney Lake for such facilities as are
transferred by Bonney Lake pursuant to this Section
Settlement Agreement
City ofAubum City ofBonney Lake
March 3 1998
Page 3 lcagreesaci tybonney
Exhibit A
Auburn Resolution No 2925
Facilities to be transferred pursuant to this paragraph
shall include water pipes but shall not include source or
storage facilities including but not limited to Bonney
Lakes Tacoma Point Wells and Tacoma Point Reservoir nor
those facilities reserved to Bonney Lake under paragraph 6
6 In contemplation of Auburns anticipated eventual
takeover of water service from Bonney Lake within Auburns
annexation area and for the purpose of providing Bonney
Lake a looped system after Auburns takeover of water
service within its annexed areas hereunder Auburn shall
prior to the takeover of service within any portion of
Bonney Lakes current water service area construct or cause
to be constructed and transfer or cause to be transferred to
Bonney Lake free of charge future 12 water transmission
line as shown on the attached Exhibit A to the southern
boundary of AuburnsPC PAA provided that in the event the
particular alignment shown on Exhibit A shall prove
impractical or unavailable such lines shall be constructed
in an alignment as mutually agreed to by the parties
Auburn shall construct or cause these facilities to be
constructed and transferred to Bonney Lake without regard to
the progress or lack of progress of the development of LHS
Such facilities shall be constructed in accordance with
applicable Bonney Lake standards In addition Auburn will
Settlement Agreement
City ofAubum City ofBonney Lake
March 3 1998
Page 4 cagreesacitybonney
Exhibit A
Auburn Resolution No 2925
not take over water service from Bonney Lake and Bonney
Lake will retain ownership of its water system within that
area shown on Exhibit B attached hereto This area will
remain part of Bonney Lakes water service area and the
facilities serving it will remain part of Bonney Lakes
water system in perpetuity notwithstanding possible
annexation of the area by Auburn at any time in the future
7 Auburn shall guarantee Bonney Lake the right in
perpetuity to transport water through Auburns corporate
boundaries within Pierce County in order that Bonney Lakes
ability to serve its water service area as recognized in
this Agreement is not hindered or rendered impractical
Such guarantee shall be effectuated by the execution of such
easements agreements franchises licenses or other
documents as are appropriate on terms that are in no
respect less favorable or advantageous to Bonney Lake than
those governing the operations of Auburnsown water utility
within its corporate limits Auburn shall not condemn or
otherwise interfere with any Bonney Lake water facilities
covered by this paragraph or paragraph
8 Neither Auburn nor any of its agents employees
attorneys or contractors shall challenge directly
indirectly or through third parties through legal or
administrative proceedings or any other means Bonney Lakes
Settlement Agreement
City ofAuburn City ofBonney Lake
March 3 1998
Page 5 lcagreesacitybonney
Exhibit A
Auburn Resolution No 2925
existing water rights including but not limited to Bonney
Lakes water rights associated with its Tacoma Point Wells
The rights associated with its Tacoma Point Wells are
specifically as follows
1 Lake Tapps Water Co Certificate No C 2809A
with a date of priority 12357 for 100gpm and
45af
2 Tacoma Point Well No 2 Certificate No C G2
2 C685with a date of priority of 2586 for
1000gpm and 800af and
3 Tacoma Point Well No 4 Permit Number G227693
with a date of priority of 13090 for 1200gpm
and 1600af
Because of production problems associated with Bonney Lakes
current wells at Tacoma Point Auburns agreement not to
protest or interfere extends to and includes Bonney Lakes
drilling of another well or wells at Tacoma Point to achieve
full production of its certificated and permitted water
rights It also includes Bonney Lakes effort to proceed to
certificate on its permit rights in Tacoma Point Well No 4
referenced above Bonney Lake agrees not to seek to
increase its water rights in the Tacoma Point well field for
any appropriation beyond these permittedcertificated
levels Bonney Lake shall not challenge directly
Settlement Agreement
City ofAuburn City ofBonney Lake
March 3 1998
Page 6 cagreesacitybonney
Exhibit A
Auburn Resolution No 2925
indirectly or through third parties through legal or
administrative proceedings or any other means Auburns
existing water rights or Auburns efforts to use those
rights in order to serve its PC PAA with water including
any application to permit the withdrawal of water from wells
located within LHS commonly known as Lakeland wells 5b and
5c provided that such rights in Lakeland wells 5b and 5c
are supplemental to Auburnsexisting rights in wells 5 and
Sa For purposes of this paragraph the word challenge
shall include both direct actions such as the filing of any
lawsuit complaint or letter of protest as well as indirect
actions such as assisting facilitating encouraging or
approving any such actions on the part of a third party
Each party will terminate and withdraw any pending
challenges to the others water rights that have been
initiated
Each party expressly reserves the right to challenge
any application for new water right or change in water right
that is made after the date of this Agreement provided
that any application for certification of a water right for
which a party already holds a permit shall not be deemed an
application for new water right or change in water right
made after the date of this Agreement
Settlement Agreement
City ofAuburn City ofBonney Lake
March 3 1998
Page 7 careesacitybonney
Exhibit A
Auburn Resolution No 2925
9 In order to facilitate the practical and efficient
provision of water service to the portion of LHS outside
Bonney Lakes current water service area the parties will
work together cooperatively to agree on an amendment of
their respective water service area boundaries in this area
10 At such time as either party wishes to pursue the
development of additional water source or supply or water
storage facilities in the vicinity of LHS the party will
provide notice of same to the other party and the parties
will thereupon meet to confer with respect to their
respective needs and interests in regard to additional
source supply or storage Should it appear that the
interests of the parties are sufficiently aligned the
parties will mutually agree to join in the development of
said additional source supply or storage facilities on
such terms as the parties may agree are equitable
11 In the future at such time as Auburns water
system has been more fully developed in the area of LHS
andor on its common boundary with Bonney Lakes water
service area the parties may agree that it is in their
mutual best interests and the best interests of their
respective customers to enter into an agreement providing
for one or more interties between their water systems to be
constructed
Settlement Agreement
City of Auburn City of Bonney Lake
March 3 1998
Page 8 cagreesacitybonnel
Exhibit A
Auburn Resolution No 2925
12 Each party agrees to sign such documents and to
take such actions as are necessary to implement the purpose
and intent of this Agreement
13 Time is of the essence under this Agreement The
terms of this Agreement shall be specifically enforceable by
the parties hereto
14 Each of the individuals signing this Agreement on
behalf of a party warrants that heshe has the authority to
sign the Agreement and thereby to bind the party on whose
behalf heshe signs
15 This Agreement shall be binding on the heirs
successors and assigns of the parties
16 This Agreement is designed strictly for the
purpose of compromising disputed claims and avoiding the
expense and risks of litigation The Agreement shall be
construed according to the fair intent of the language as a
whole and not for or against either party
17 In the event of any disputes arising out of the
implementation or enforcement of this Agreement the parties
agree to submit said disputes first to mediation and if
mediation is unsuccessful then to binding arbitration in
accordance with Ch 704 RCW provided however that each
party reserves the right to seek injunctive or other similar
equitable relief from a court of competent jurisdiction in
Settlement Agreement
City ofAuburn City ofBonney Lake
March 3 1998
Page 9 cagreesacitybonney
Exhibit A
Resolution No 2925
order to preserve the status quo pending any mediation or
arbitration or to otherwise protect a right or remedy that
might otherwise be lost if such interim relief were not
obtained
18 This Agreement shall not waive Auburns right to
assess and collect any taxes assessments or fees which it
is otherwise authorized under law to assess or collect on
any water service provided that Auburns assessment and
collection of any such taxes assessments or fees with
respect to any area served with water by Bonney Lake shall
be upon the same terms as Auburnsassessment and collection
of any such taxes assessments or fees with respect to areas
served with water by Auburn
By
Its
By
CITY OF AUBURN
CHARLES A BOOTH
Its
Settlement Agreement
City ofAuburn City ofBonney Lake
March 3 1998
Page 10 agreesacitybonneyl
Exhibit A
Resolution No 2925
EXISTING 6INCH AND 12INCH
WATER MAINS APPURTENANCES
CUSTOMERS ALON 2ND
TRANSFEjtRED TO iAUL
EXlSTINO 6WATE MAIN IN
BETWEEN 2nd ST AND 4h ST
TRANSFERRED TO AUBURN BONNEY
LAKE TO RETAIN 2 DI WATER MAi
TACOMA POINT
T
LEGEND
EXISTING BONNEY LAKE WATER MAIN
PROPOSED t2 DIAMETER WATER MAIN TO BE PROVIDED BY AUBURN
mmmmmm EXIST BONNEY LAKE WATER MAIN tN FRANCHISE WllH AUBURN
EXISTING BONNEY LAKE WAIR Al TO E R BURN
EXHIBIT A
CITY OF AUBURN AND CITY OF BONNEY LAKE
SETTLEMENT AGREEMENT
SCALE I 1000
King County
erce
URBAN GRO
SERVICE AR
TH AREAWATER
EA BOUNDARY TO
FOLLOW PRPERTYLINES
CENTERLIN OF RIGHTOFWAY
OR NORTHWEST BOUNDARY OF GAS
NATURAL GAS PIPELINASEMENT
EXHIBIT B
CITY OF AUBURN AND CITY OF BONNEY
AREA TO REMAIN IN BONNEY SETTLEMENT AGREEMENT
LAKE SERVICE AREA IN PERPETUITY
BONNEY LAKE WATER SERVICE AREA BOUNDARY
SCALE 1 1500
RESOLUTION NO 3 0 i 8
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN3WASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTOEXECUTEASERVICEAREAAGREEMENTBETWEENTHECITYANDTHECITYOFBONNEY4LAKETOESTABLISHABOUNDARYBETWEENTHEIRCONTIGUOUSSERVICE
AREA RELATING TO WATER SERVICE5
6 WHEREAS Bonney Lake is engaged in the business of
7
providing water service to the public located in certain areas
8
of Pierce County in the State of Washington and
9
WHEREAS the City of Auburn is engaged in the business of
10
providing water service to the public located in certain areas11
of King and Pierce Counties in the State of Washington and12
WHEREAS the parties desire to enter into a formal13
14 Service Area Agreement to establish a boundary between their
15 contiguous service area in Pierce County in order to avoid any
16 duplication or overlap of water service and to provide the
17 most efficient service to their respective customers and
18 WHEREAS the City of Auburn and the City of Bonney Lake
19 have entered into a Settlement Agreement related to water
20 service to the Lakeland Hills South development in which
2 according to Section 9 the Cities have agreed to work
22 together cooperatively to facilitate a practical efficient
23 boundary between the two systems
24
25
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Resolution No 3018
November 17 1998
Page 1
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
2 WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
3 RESOLVES THAT
4 Section 1 The Mayor and City Clerk of the City of
5 Auburn are herewith authorized to execute a Service Area
Agreement between the City and the City of Bonney Lake to
7 establish a boundary between their contiguous service area
8 relating to water service A copy of said Agreement is
9 attached hereto denominated as Exhibit A and made a part
10
hereof as though set forth in full herein
11
Section 2 The Mayor is hereby authorized to implement12
such administrative procedures as may be necessary to carry
out the directives of this legislation14
15 DATED this 7th day of December 1998
17
CITY OF AUBURN
18
19
21 CHARLES A BOOTH
MAYOR
22
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25
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Resolution No 3018
November 17 1998
Page 2
2 ATTEST
4
6 Danielle E Daskam
City Clerk
7
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9
APPROVED AS TO FORM
10
12
Michael J Reynolds
14 City Attorney
15
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Resolution No 3018
November 17 1998
Page 3
SERVICE AREA AGREEMENT
This Agreement dated Deeer191998 is made and entered into by and between the City of
Bonney Lake a Washington municipal corporation Bonney Lake and the City of Auburn a
Washington municipal corporation Auburn
Whereas Bonney Lake is engaged in the business of providing water service to the public located in
certain areas of Pierce County in the State of Washington Auburn is engaged in the business of
providing water service to the public located in certain areas of King and Pierce Counties in the State of
Washington and
Whereas the parties desire to enter into a formal service area agreement to so establish a boundary
between their contiguous service area in Pierce county in order to avoid any duplication or overlap of
water service and to provide the most efficient service to their respective customers and
Whereas The City of Auburn and the City of Bonney Lake have entered into a Settlement Agreement
related to water service to the Lakeland Hills South development in which according to section 9 the
Cities have agreed to work together cooperatively to facilitate a practical efficient boundary between
the two systems
Bonney Lake and Auburn therefore agree as follows
1 This Agreement is entered into pursuant to the Pierce County Coordinated Water System Plan
which Plan and Appendices are incorporated herein by this reference
2 The contiguous water service boundary between Bonney Lake and Auburn is agreed upon by both
parties as shown on the attached maps Exhibit A and as described in Exhibit B which by this
reference are incorporated herein
3 Bonney Lake and Auburn may by mutual written amendmentsto this Agreement make such
adjustments to the service boundary as they may mutually agree upon from time to time so that
water service to new service locations in dose proximity to the service boundary may be provided in
an efficient effective and economical manner Any such adjustments shall be documented by
modifying the attached maps which when so modified and agreed to by the parties shall constitute
amendments to this Agreement Minor adjustments consisting of ten acres or less may be
authorized by the Public Works Director or Superintendent of each party
4 Except as specifically set forth herein this Agreement shall not modify the Settlement Agreement
referenced above
Senrice Axea Agreement Exhibit A
City ofBonney Lake and City ofAuburn Resolution No 3018
111698 Page 1 of 3 City of Auburn
IN WITNESS WHEREOF we have hereumo set our hands and seals
CITY OF AUBURN
ATTEST
Daelle E Daskam City Clerk
APROVEDAS TO FORM
Michel J Reynolds City Attorney
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that Charles A Booth and Danidle 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 paxties for the uses and purposes mentioned in this instrument
Dated g
r
Notary Public in and for the State of Washington
residing at
My appointmntz4phes
Service Area Agreement
City of Bonney Lake and City of Auburn
1 1698 Page 2 of 3
OY LAKE
OBY z
STATE OF WASHINGTON
County of Pierce
I certify that I know or have satisfactory evidence that Bob Young was the person who
appeared before me and said person acknowledged that they signed this instrument on oath stated that
they were authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF
BONNEY LAKE to be the free and voluntary act ofsuch parties for the uses and purposes mentioned
in this instrument
Dated I Z 6 q
Notary Public in andr the State of Washington
npoamttmentexes
Service Area Agreement
City ofBonney Lake and City of Auburn
111698 Page 3 of 3
LEGAL DESCRIPTION FOR PROPOSED AUBURNBONNEY LAKE WATER
SERVICE AREAS OF SECTION 6 TOWNSHIP 20 NORTH RANGE 5 EAST OF
WM PIERCE COUNTY WASHINGTON
LINE DESCRIBED AS THE BORDER BETWEEN THE CITY OF AUBURN AND
BONNY LAKE WATER SERVICE AREAS MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING FROM THE SOUTH QUARTER CORNER OF SECTION 6
TOWNSHIP 20 NORTH RANGE 5 EAST THENCE NORTH 01 12 59 EAST A
DISTANCE OF 7 1361 FEET TO THE NORTHERLY MARGIN OF LAKE TAPPS
PARKWAY EAST
THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTH LINE OF
SAID PARKWAY NORTH 71 22 39 WEST A DISTANCE OF 44058FEET TO
THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS POINT
BEARING NORTH 18 37 21 EAST A DISTANCE OF 96000FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 11 22 29 AN ARC DISTANCE OF 19059FEET
THENCE LEAVING SAID MARGIN NORTH 01 28 45 WEST A DISTANCE OF
262981 FEET
THENCE NORTH 58 56 04 EAST A DISTANCE OF 53296FEET
THENCE NORTH 37 29 20 EAST A DISTANCE OF 17829FEET
THENCE NORTH 49 21 27 EAST A DISTANCE OF 41004FEET TO A POINT OF
A NONTANGENTCURVE TO THE LEFT HAVING A RADIUS POINT BEARING
NORTH 49 37 08 EAST HAVING A DISTANCE OF 45400FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 27 21 25 AN ARC DISTANCE OF 21677FEET
THENCE SOUTH 67 44 15 EAST A DISTANCE OF 4708 FEET TO A POINT OF
A NONTANGENTCURVE TO THE LEFT HAVING A RADIUS POINT BEARING
SOUTH 69 16 55 EAST A DISTANCE OF 92750FEET THENCE ALONG THE
ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10 09
01 AN ARC DISTANCE OF 16431 FEET
THENCE SOUTH 10 34 04 WEST A DISTANCE OF 16357FEET
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTH LINE OF
LOT G OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS
FILE 9808310329 NORTH 75 13 36 EAST A DISTANCE OF 54899FEET TO
THE EASTERLY LINE OF LOT G
THENCE NORTH 11 28 56 WEST A DISTANCE OF 5664 FEET TO THE
SOUTHERLY LINE OF LOT B PER SAID BOUNDARY LINE ADJUSTMENT
THENCE NORTH 75 13 36 EAST A DISTANCE OF 56063 FEET TO THE
WESTERLY MARGIN OF LAKELAND HILLS WAY SE
THENCE NORTH 14 46 24 WEST A DISTANCE OF 13804FEET
THENCE LEAVING SAID WESTERLY MARGIN NORTH 75 13 36 EAST A
DISTANCE OF 6300 FEET TO THE EASTERLY MARGIN OF LAKELAND HILLS
WAY SE
THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID MARGIN NORTH
14 46 24 WEST A DISTANCE OF 35316FEET TO THE BEGINNING OF A
CURVE TO THE LEFT HAVING A RADIUS POINT BEARING SOUTH 75 13 36
WEST A DISTANCE OF 54567FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 19 07 09 AN ARC DISTANCE OF 18208 FEET TO THE
POINT OF A CURVE TO THE RIGHT HAVING A RADIUS POINT BEARING
NORTH 60 27 56 EAST A DISTANCE OF 3500 FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 84 32 04 AN ARC DISTANCE OF 5164 FEET THENCE
NORTH 55 00 00 EAST A DISTANCE OF 20852FEET THENCE NORTH 53 05
27 EAST A DISTANCE OF 15008 FEET
THENCE NORTH 55 00 00 EAST A DISTANCE OF 16623 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING
NORTH 35 00 00 WEST A DISTANCE OF 43000FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 37 44 40 AN ARC DISTANCE OF 28327FEET TO THE
POINT OF A CURVE TO THE LEFT HAVING A RADIUS POINT BEARING
NORTH 72 4400WEST A DISTANCE OF 103000 FEET
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 00 56 13 AND AN ARC DISTANCE OF 1684FEET TO
THE NORTHERLY SECTION LINE OF SECTION 6 TOWNSHIP 20 NORTH
RANGE 5 EAST
THENCE ALONG THE NORTH LINE OF SECTION 6 SOUTH 88 34 43 EAST A
DISTANCE OF 80823 FEET TO THE NORTHEAST CORNER OF SAID SECTION 6
TERMINUS OF SAID BOUNDARY
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RESOLUTION NO 3 0 1 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
EMERGENCY FIRE FLOW PROTECTION AGREEMENT BETWEEN THE CITY AND
THE CITY OF BONNEY LAKE
WHEREAS by Resolution No 2925 the City of Auburn
approved an agreement with Bonney Lake on water service and
WHEREAS by unanimous adoption at the March 2 1998
Council Workshop Bonney Lake approved an agreement with the
City of Auburn on water service and
WHEREAS the Lakeland PUD in Pierce County is located in
the Bonney Lake water service area as defined in the 1995
Pierce County Coordinated Water System Plan and
WHEREAS in the Lakeland Annexation and Utilities
Agreement Ordinance No 4867 and Amendment to the Lakeland
Annexation and Utilities Agreement Resolution No 2955 The
Lakeland Company hereinafter referred to as TLC agreed to
comply with City of Auburnsurban service standards and
WHEREAS by separate agreement The Lakeland PUD in Pierce
County is served by the Auburn Fire Department as agreed in
Section 16 of the Amendment to the Lakeland Annexation and
Utilities Agreement Resolution No 2955 and the Lakeland
Annexation and Utilities Agreement Ordinance No 4867 and
Resolution No 3019
November 17 1998
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WEREAS the City of Auburns minimum fire flow service
standard is 2500 gpm for 3 hours with residual pressure of 20
psi as defined in the 1995 Comprehensive Water Plan and
amended in 1997 by Ordinance No 5051 and
WEREAS TLC desires to build MultiFamily Developments
Division 1 Phase 4 1P4 and Lots 5 6 and 7 hereinafter
referred to as the Multifamily Development Area in the
immediate future within the Lakeland PUD in the Bonney Lake
Water Service Area and
WHEREAS TLC has requested Bonney Lake enter into an
agreement with the City of Auburn to provide an emergency
intertie for fire flow in order that TLCs development meet
AUBURNsfire flow service standards and
WEREAS Bonney Lake is unable at this time to meet
AUBURNs fire flow requirements and desires to enter into an
agreement for an emergency intertie for fire flow for the
proposed Lakeland Company Multifamily Development Area and
WEREAS the City of Auburns water service area abuts
BONNEY LAKEs water service area and Auburns system has
adequate infrastructure to provide the emergency intertie for
fire flow protection to the Multifamily Development Area
and
Resolution No 3019
November 17 1998
Page 2
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WHEREAS AUBURN is willing to provide emergency fire flow
to TLCs proposed Multifamily Development Area in
consideration of Lakelands agreement to pay to the City of
Auburn a fire flow development charge and
WHEREAS TLC pursuant to a separate agreement has
agreed to compensate the City of Auburn for Auburns providing
to Bonney Lake pursuant to this agreement an intertie for
emergency fire flows to the proposed Multifamily Development
Area
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute an Emergency Fire
Flow Protection Agreement between the City and the City of
Bonney Lake A copy of said Agreement is attached hereto
denominated as Exhibit A and made a part hereof as though
set forth in full herein
Section 2 The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation
Resolution No 3019
November 17 1998
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DATED this 7th day of December 1998
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
Resolution No 3019
November 17 1998
Page 4
EMERGENCY FIRE FLOW PROTECTION AGREEMENT
City of Auburn and the City of Bonney Lake
THIS AGREEMENT made and entered into by and between the City of
Auburn hereinafter referred to as AUBURN and the City of BONNEY LAKE
hereinafter referred to as BONNEY LAKE
WITNESSETH
WHEREAS By Resolution 2925 AUBURN approved an agreement with
BONNEY LAKE on water service and
WHEREAS By unanimous adoption at the March 2 1998 Council
Workshop BONNEY LAKE approved an agreement with AUBURN on water
service and
WHEREAS the Lakeland PUD in Pierce County is located in the
BONNEY LAKE water service area as defined in the 1995 Pierce County
Coordinated Water System Plan and
WHEREAS in the Lakeland Annexation and Utilities Agreement Ord
4867 and Amendment to the Lakeland Annexation and Utilities Agreement Res
2955 The Lakeland Company hereinafter referred to as TLC agreed to comply
with AUBURNsurban service standards and
WHEREAS by separate agreement The Lakeland PUD in Pierce County
is served by the AUBURN Fire Department as agreed in Section 16 of the
Amendment to the Lakeland Annexation and Utilities Agreement Res 2955 and
the Lakeland Annexation and Utilities Agreement Ord 4867 and
WHEREAS AUBURNsminimum fire flow service standard is 2500 gpm
for 3 hours with residual pressure of 20 psi as defined in the 1995
Comprehensive Water Plan and amended in 1997 by Ordinance 5051 and
WHEREAS TLC desires to build MultiFamily Developments Division 1
Phase 4 1P4 and Lots 5 6 and 7 hereinafter referred to as the MULTIFAMILY
DEVELOPMENT AREA in the immediate future within the Lakeland PUD in the
BONNEY LAKE Water Service Area
WHEREAS TLC has requested BONNEY LAKE enter into an agreement
with AUBURN to provide an emergency intertie for fire flow in order that TLCs
development meet AUBURNsfire flow service standards and
Emergency Fire Flow Protection Agreement
City ofAuburn and City ofBonney Lake
111398 Page 1 of5
Exbi bit A
Resolution No
City of Auburn
3019
WHEREAS BONNEY LAKE is unable at this time to meet AUBURNsfire
flow requirements and desires to enter into an agreement for an emergency
intertie for fire flow for the proposed Lakeland Company MULTIFAMILY
DEVELOPMENT AREA and
WHEREAS AUBURNswater service area abuts BONNEY LAKEswater
service area and AUBURNssystem has adequate infrastructure to provide the
emergency intertie for fire flow protection to the MULTIFAMILY DEVELOPMENT
AREA and
WHEREAS AUBURN is willing to provide emergency fire flow toTLCs
proposed MULTIFAMILY DEVELOPMENT AREA in consideration of
Lakelands agreement to pay to AUBURN a fire flow development charge and
WHEREAS TLC pursuant to a separate agreement has agreed to
compensate AUBURN for AUBURNsproviding to BONNEY LAKE pursuant to
this agreement an intertie for emergency fire flows to the proposed
MULTIFAMILY DEVELOPMENT AREA and
NOW THEREFORE IT IS MUTUALLY AGREED as follows
In the event a fire flow emergency occurs within the Lakeland South Multi
Family Developments of Division 1 Phase 4 1P4 and Lots 5 6 and 7
hereinafter referred to as the MULTIFAMILY DEVELOPMENT AREA
requiring fire flows beyond what the BONNEY LAKE System can deliver the
AUBURN Fire Chief or hisher designee is hereby authorized to open the
valve in the water main between the two systems to provide the required fire
flow
The authorization granted in section 1 above herein is intended to serve as
emergency fire flow protection for the MULTIFAMILY DEVELOPMENT
AREA only Water shall not be withdrawn from the AUBURN Water System
for any other purpose than that described in section 1 without prior written
approval from AUBURN
A fire flow emergency is defined as a fire event that requires fire flow capacity
beyond that which the BONNEY LAKE System is able to provide as required
under AUBURNs 1995 Comprehensive Water Plan and amended in 1997 by
Ordinance 5051 to the MULTIFAMILY DEVELOPMENT AREA
In the event if it becomes necessary for the AUBURN Fire Chief or hisher
designee to open the valve as described in the above sections no fees will be
charged to BONNEY LAKE for water consumed
5 This agreement does not authorize or permit AUBURN to utilize water from
the BONNEY LAKE Water System
Emergency Fire Flow Protection Agreement
City ofAuburn and City ofBonney Lake
111398 Page 2 of5
This agreement shall terminate when BONNEY LAKE provides
documentation that demonstrates to AUBURN that infrastructure has been
developed to meet AUBURNsurban service standards for fire flow
o Each participant agrees to defend indemnify and hold harmless the other
participant from and against any liability loss cost damage or expense of
any kind and nature arising out of injury to person or damage to property in
any manner caused by the negligent act or omission of the indemnifying
individual participant in performance of its work pursuant to in connection with
this agreement
Should a dispute arise between the parties that cannot be resolved
satisfactorily a mediator mutually acceptable to the parties shall resolve the
dispute through the use of mediation at equal cost to each party Should the
parties not be able to satisfactorily resolve the dispute through mediation the
forum for resolution shall be Pierce County Superior Court The prevailing
party will be entitled to attorney fees and costs
9 If any provision of this agreement shall be unenforceable or invalid for any
reason the remaining sections shall be in force and effect
10 In the event TLC fails to make payment as provided in its Emergency Fire
Flow Protection Agreement with AUBURN AUBURN is under no obligation to
provide emergency fire flow to BONNEY LAKE for the MULTIFAMILY
DEVELOPMENT AREA
Emergency Fire Flow Protection Agreement
City ofAuburn and City ofBonney Lake
111398 Page 3 of5
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
STATE OF WASHINGTONSSCountyofKing
I certify that I know or have satisfactory evidence that Charles A Booth and
Danielle E Daskam were the persons who appeared before me and said
persons acknowledged that they signed this instrument on oath stated that they
were authorized to execute the instrument and acknowledged it as the MAYOR
and CITY CLERK of the CITY OF AUBURN to be the free and voluntary act of
such parties for the uses and purposes mentioned in this instrument
o 11
G Notaw Public p and forhe State of WashingtonWASresidingat
My appointment exires
Emergency Fire Flow Protection Agreement
City ofAuburn and City ofBonney Lake
111398 Page 4 of5
BOB6O
STATE OF WASHINGTON
SS
County ofPierce
I certify that I know or have satisfactory evidence that Bob Young was the person who
appeared before me and said person acknowledged that they signed this instrument on oath stated that
they were authorized to execute the instrument and acknowledged it as the MAYOR ofthe CITY OF
BONNEY LAKE to be the free and voluntary act ofsuch parties for the uses and purposes mentioned
in this instrument
Dated
Notary Public inand forleSate ofWashington
residing at
My appointment expires Q
LMbd
REF HFACFAC2385E981268
Emergency Fire Flow Protection Agreement
City ofAuburn and City ofBonney Lake
111398 Page 5 of5
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ORDINANCE NO 5 I 6 3
AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON AUTHORIZINGTHEMAYORTOEXECUTEANEWFRANCHISEAGREEMENTBETWEENTHECITYOFAUBURNANDPIERCECOUNTYTOCONSTRUCTOPERATEANDMAINTAINWATERPIPELINESFORAWATERSYSTEMOVERINALONGACROSSUNDERANDUPONCERTAINPUBLICROADSANDHIGHWAYSINPIERCECOUNTYWASHINGTONINTILSEPTEMBER2003
WHEREAS the City of Auburn wishes to expand their water
line system to areas outside the current boundaries and
WHEREAS the City of Auburn has applied to Pierce County
and has been granted a nonexclusive ranchise to construct and
maintain water pipelines with appurtenances for a water system
in across under upon along and over certain public roads
and highways in Pierce County Washington as hereinafter set
forth
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON DO ORDAIN AS FOLLOWS
Section 1 AGREEMENT The Mayor of the City of Auburn
is herewith authorized to execute a Franchise Agreement
between the City of Auburn and Pierce County to construct
operate and maintain water pipelines for a water system over
in across under and upon certain public roads and highways
in Pierce County Washington A copy of said Agreement is
attached hereto denominated as Exhibit A and a copy of
Pierce County Ordinance No 9872 approving the franchise is
Ordinance No 5163
September 30 1998
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attached hereto denominated as Exhibit B and made a part
hereof as though set forth in full herein
Section 2 AUTHORIZATION The
authorized to implement such administrative
Mayor is hereby
procedures as may
be necessary to carry out the directives of this legislation
Section 3 This Ordinance shall take effect and be in
force five 5 days from and after its passage approval and
publication as provided by law
INTRODUCED October 19 1998
PASSED October
APPROVED October
19 1998
19 1998
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E DaskamCityClerk
uPROVED AS TO FORM
Michael J ReynoldsCityAttorney
Published
Ordinance No 5163
SepteRber 30 1998
Page 2
9112020061
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ReturAddress
Sandy Bassett
Pierce County Council
930 Tacoma Ave S Roc 1046
lTacoma WA 98402
Please print lecbly or typenformaon
l OE6 I 6 1998
PIERCE COUNTY COUNCIL
Document Titles Or txansactions confined therein
1 Orddnance U o 72
3
4
Grantors Last name first then iht mand
1 Pierce County2
3
5 itAdditional Nam on P age of Document
Grantees Last ne rstthen first name and in3rh
1 OrdSvmnce Numtr 9872
2
3
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5 J Additiqnal Names on Page ofDocument
Legal Description Abbreviated iklot block plat or section oiv range
in Sections 5 6 7 8 Towrtp20 NoreJq Paage 4 lt
Legal Description i on Page 5 6 ofDocument
leferenceNumbers Of documents assigedor relied
na
AddolReiceNbeon Page ofDt
Assessors Properw TPceUAccotNber
Not assi
Auditoreeoer 1ryon eofionmolded on covsh estuff notcmenttoveHeacorcompItcssocenomdonprodhcr
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FILE NO 80
Sponsored by
Requestedby
PROPOSAL NO 9872
Councilmember Jan Shabro
County ExecutivePublic Works and Utilities Department
ORDINANCE NO 9875
AN ORDINANCE OF PIERCE COUNTY COUNCIL RANTIN A NONEXCLUSIFE
FRANCHISE TO k CITY OF AUBUIN A MUNICIPAL COPPOtATION OF T
STATE OF WASHINGTON FOR LOCATION OF WATER LINs ON CERTAIN
COUNTYOWNED RIGTSOFWAY AND ADaORIZIN A COUNTY EXECUTIVE
TO EXEu AZU FPNCHISE
WHEREAS The City of Auburn a municipal corporation of the State6fWashingtonhasappliedforanonexclusivefranchisetoconstructoperateandmaintainawaterlinesysteminacrossoveruponalongandundercertainCountyroadshighwaysandotherCounty
property in Pierce County Washington as hereinafter set forth and
WIERF2S Said application came onreglarly for hearing before
the Pierce County Council on the date set forth below under the
provisions of Chapter 3655 State SessionLaws of 1937 and
WHEREAS It appears to the Council that notice of said hearinghasbeendulygiventothepublicandthoseinterestedinprovidingthesameserviceappliedforbytheapplicantasrequiredbylawandthauitisinthpublicinteresttograntthefranchiseNOWTHEREFOREBEITORDAINEbbytheCouncilofPierceCounty
Section A nonexclusive franchise a cony of which is
attached hereto and identifiedas Exhibit A is hereby give and
i of2
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ORDINANCE NO 9872 continued
granted to the City of Auburn a municipal corporationofthe State of
Washington hereinafter referred to as the Grantee for aperiod of
five years from and after the date of filing of the franchisato be
granted with the Clerk of the Pierce County Council
Section The City of Auburn must indicate its full acceptance
of this franchise and all its terms and conditions within thity days
from the effective date of this Ordinance Said acceptance is to be
in writing and filed with the Clerk of the Pierce County Counciland
shall be a condition precedent to the validity of said fanchise and
unless the franchise is accepted within such time this grant of
permission shall be null and void
Section 3 The Executive 9f Pierce County is hereby authorized
to execute said franchise
PASSED this S day of 1998
ATTEST PIERCE COUNTY COUNCILPierceCountyWashington
Clerk of theC6uncil Council Chair
Deputy rosecuigAttorney Appod Veedayof this
1998
Approved s to nsurance d Bond Retirements Only
isk MagementPULIOiNNOC pt2 9 1998EPVDAr281982of2
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EXHIBIT TO ORDN NO qf7
In the Matter of the Application of
the City of Auburn a municipal
corporation of the State ofWashington
for a franchiseto construct operate
and maintain water pipelines for a
Water System over in along across
under and upon certain Public Roads
and Highways in Pierce County Washington
EXHIBIT
FR A N C H I S g
Application of City of Auburn a municipal corporation of the
State of Washington for a nonexclusive franchise to construct and
maintain water pipelines with appurtenances for a water systiem in
across under upon along and over certain public roads and highwaysinPierceCountyWashingtonashereinaftersetforthhavingcome
on regularly for hearing before the County Council of ecbCountyWashingtonundertheprovisionsofChapter3655RevisedCodeof
Washington and it appearing to the Council that notice of said
Hearing has been duly given as required by law and that it is in thepublicinteresttograntthefranchisehereingranted
NOW TbEREFOPE IT IS ORDD that a franchise be ad the sameisherebygivenandgrantedtoCityofAuburnamunicipal
corporation of the State of Washington hereinafter called the
Grantee for a term of five 5 years from and after the date offilingthisfranchisewiththeClerkofthePierceCountyComcilThisfranchiseisalicensefortheprivilegeandauthorityto
construct maintain and operate for the said period of time a waterpipelinewithappurtenancesforawatersysteminacr0suder
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EXHIBIT A TO
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upon along and over the public roads and highways in Pierce County
Washington to wit
BEGINNING AT THE ESTERLY MARGIN OF THE BURLINGTON NORTHERN
PALROADRIGHTOFWAY A NORTHERN PACIFIC PAILROAD
RIGHTOFWAY AT T NORTH BOUNDARy OF SECTION TOWNSHIp 20
NORTH RANGE 4 EAST WM THENCE EASTERLY ALONG SAID NORTH
BOUNDARY OF SECTION TO TFE NORTH4EST coRNER OF SECTION 6
TOWNSHIP 20 NORTH PAGE 5 EAST WM THENCE EASTERLY ALONG
NORTH BOUNDARy OF SAID SECTION 6 AND ALONG THE NORTH BOUIDRy OF
SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST WM TO THE NORTiEAST
CORR OF SAID SECTION 5 TRNCE SOUTHERLY DLONG THE EAST
BOUDARY OF SAID SECTION 5 TO EASTERLY tRGINOF182nd
AVENUE EAST TpNCE SOUTRLy DLONG SAID EASTERLy FtARGIiN OF
182nd AVENuS FST TO cIE SOUTELy 5LRGiN OF 6th STREET EAST
AK3 NORTH TAPPS RODD THENCE WESTERLY LONG SAID SOUTHERLY
ARGIN OF 16th STREET EAST TO A POINT ON THE SOUTH BOUArDDRy OF
THE NORTH 3000 FEET OF T NORTAST QURTER OF SECTION 8
TOWNSHIP 20 NORE RmNGE5 AST WM THENCE WESTERLY ALONG SAID
SOUTH BOUNDARy OF THE NORTH 3000 FEET OF THE NORTEJtST QURTER
OF SECTION 8 TO F2E SOUghT COPNER TIREOF THENCE NORTPRLy
ALONG THE WESTERLY BOUNDARy OF SAID NORmAqTQURTER OF SECTION
8 TO THE NORTnESTCORNER TREOFTHENCE WESTERLY DLONG SAID
NORTH BOLrNDARY OF SECTION 8 TO NORTiJIST CORNER OF NORTH
FLFOF TKE NORTWSTQURTER OF SAID NORTH4EST QUARTER OF
SECTION 8 TLENCESOUTHERLY ALONG THE EAST BOUNDARy OF SAID
NORTH HALF OF THE NORTHWESTQUARTER OF THE NORn4ESTQUARTER OF
SECTION 8 TO THE SOUTAST CORNER THEREOF TiEENCE WESTERLY DLONG
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EXHIBIT A TO
THE SOUTH BOUNDARY QF SAID NORTH HALF OF THE NORTHWEST QUARTER
OF NORTHWEST QUARTER OF SECTION 8 TO THE SOUTHWEST CORiER
THEREOF THENCE NORTHERLY ALONG T WEST BOUNDARy OF SAID
SECTION 8 TOTHE SOUTHEAST CORNER OF THE NORTH 33000 FEET OF
THE NORTHSTQUARTER OF SECTION 7 TOWNSHIP 20 NORTH RANGE 5
EAST WM TBNCE WESTERLY ALONG SOUTH BOUNDARy OF SAID
NORTH 33000 FEET OF THE NORTHEAST QUARTER OF SECTION 7 TO
SOUTHWEST CORNER THEREOF THENCE NORTHERLY TO THE SOUTET
CORNER OF THE SOUTTSTQUltRTER OF SAID SECTION 6 TFNCE
WESTERLy ALONG SOUTH BOUNDARy OF SAID SECTION 6 TO
SOTrnASTCORNER OF GOVERNMENT LOT No 7 IN SAID SECTION 6
THENCE NORTHERLy ALONG TF AST BOUNDARY OF SAiD GOVERiNEITLOT
No 7 TO THE NORTHEAST CORbEK REOF THENCE WSTERLy DNG T
NORTH BOUNDARY OF SAID GOVERNMENT LoT No 7 TO T
MARGIN OF SAID BURLINGTON NORTTT RAILROAD RIGHTOFWAY TENCE
NORTHERLY ALONG SAID EASTERLY MARGIN OF TF BURLINGTON NORTEEN
RAILROAD RIGHTOFWAY TO T POINT OF BEGINNING
In the construction andinstallations of water system
appurtenances and the excavation of trenches on county roads for the
purposes of laying relaying connecting disconnecting
repairing mains and pipes and making connections between the same tothedwellingsandothebuildingsoftheconsumerstheGranteeshallbegovernedbyandconformtothegeneralrulesadoptedbythPublicWorksandUtilitiesTransportationSevicesofPierceCountyWashingtonandtheranteeatnoexpensetotheCountyshall
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EXHIBIT A TO
complete all such work and shall repair the county roads and leave
the same in as good condition as before the work was commenced
PROVIDED HOWEVER that no such work shall be done prior to the
obtaining of a permit therefor issued by the Pierce County Public
Works and Utilities Director hereinafter Director which permits
shall set forth conditions pertaining to the work to be done and
specifications for the restoration of the roads to the same condition
as they were prior to such work and PROVIDED FURTFR the Director
may in his or her discretion reuire a bond in a sum sufficient to
guarantee to Pierce County that such roads shall be restored to the
same condition as existed prior to such work If the Grantee does
not repair the county roads to the satisfaction of the Direczor the
County Department of Public Works and Utilities Transportaiion
Sevices may at its sole discretion repair such county roads or
cause them to be repaired and the Grantee hereby agrees to reimburse
the County of Pierce for the cost of such work including overhead
The water mains and ppes shall be laid down as directed by the
Director at a depth of not less than hirtysix inches below the
surface of the ground along the county roads and in such a marhner as
not to interfere unnecessariywith the construction of sewersand
drains nor with the gading of the county roads All surface
appurtenances to the water system shall be installed or conssructed
as approved by the Director
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EXHIBIT A TO III
All work done under this franchise shall be done in a thorough
and professional manner During the laying of water pipes and
conduits and the digging of itches therefor the Grantee shall leave
ditches in such a way as to interfere as little as possible with
public travel and shall take all due and necessary precautions to
insure that damage or injury shall not occur or arise by reason of
such work and that where any ditches or trenches are left open at
night the Grantee shall plae at all crossings suitable lights in
such a position o uard against danger and the Grantee shall be
liable for all properydamage or personal injury which may be caused
by reason of any injury sustained through its negligence by reason of
any person animal or property being injured through ay negligence
of the Grantee or by reasonof any damage caused tSrough he neect
to properly uard any ditches or trenches dug or maintained by the
Grantee The Direct0r may specify actions to be taken to insure the
safety of the public and the Grantee shall comply with such
specifications
IV
The County of Pierce in he ranting of tisfrchlse does not
waive any rights which it now holds or may hereafter acquire and this
order shall not be construed so as to deprive the County of Pierce of
any powers rights or rivileges which it now has or may hereafter
cquireincluding the right of eminent domain to regulate the use
and control of the county roads covered by this franchise or to go
upon any and all county roads and highways for the puzose of
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EXHIBIT A TO
constructing and improvigg the same in such a manner as the County of
Pierce or its representatives may elect
V
Grantee shall provide a certificate of insurance showing
evidence of commercial general liability and property damage
liability insurance which includez but iz not limited to the
operations Of the Grantee the Granteesprotective liability
productscompleted operations coverage broad form barket
contractual liability
Commercial General Liability InsuranceBodilyInjuryLiability
Property Damage Liability
000000 Each
250000 Each
or
CONED SINGLE
LIMIT COVERAGE OF
1000000
The eneral recpirements of the policy shall contain
Pierce County is named as an additional insured as respects
in this lease and such insurance as is carried by the
Grantee for the operation of its facility
In the event of nonrenewal cancellation or material
change in the coverage provided thirty days written
will be furnished to the County prior to the date of non
renewal cancellation or change Such notice shall be
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sent to the Director Public Works and Utilities
Transportation Services 2401 South 35th Street Suite 150
Tacoma Washington 98409
Pierce County has no obligation to report occurrences to
the insurance companies unless a claim is filed with the
Pierce County Council and Pierce County has no obligations
to pay premiums
The Granteesinsurance policies shall contain a cross
liability endorsement substantially as follows The
inclusion of more than one Insured under this policy shall
not affect the rights of any Insured as respects uny claim
suit or judgment made or brought by or for any other
insured or by or for any eployee of any other insured
This policy shall protect each Insured in the same manner
as though a separate policy has been issued to each exceptthatnothinghereinshalloperatetoincreasethecompanystliabilitybeyondtheamountoramountsforwhichthe
CODan would have been liable had only one Insured been
named
The Granteesinsurance is primary over any insurance that
may be carried by Pierce County Gantee agrees to provide
proof of insurance each year to Pierce County
The Grantee agrees to defend indemnify and save harmless
9812020061
EXHIBIT A TO
PierceCountyitsappointedandelectedofficialsandemployees2fromandagainstalllossorexpenseincludingbutnotlimitedto3judgmentssettlementsattorneysfeesandcostsbyreasonsofany4andallclaimsanddemandsupontheCountyitselectedorappointed5officialsoremployeesfordamagesbecauseofpersonalorbodily6injuryincludingdeathatanytimeresultingtherefromsustainedby7anypersonorpersonsandonaccountofdamagetoroDertyincluding8lossofusethereofwhethersuchinjurytopersonsordamageto9propertyisduetothenegligenceoftheGranteeitscontractorst0itsortheiremployeesoragentsPierceCountyitsappointedor11 electedofficersoritsemployeesoragentsexceptonlysdchinjury12ordamageasshallhavebeenoccasionedbythesolenegligenceof3PierceCountyits appointed or electedofficialsor employees15Iftheclaimsuitoractionforinjuriesdeathordamagesas16providedforintheprecedingparagraphofthisfranchiseagreement17iscausedbyorresultsfromtheconcurrentnegligenceofaPierce18CountyorPierceCountysagentsoremployeesandbtheGant19ortheGrinteesagentoremployeestheindemnityprovisions20providedforintheprecedingparagraphofthisfranchiseshallbe21validandenforceableonlytotheextentoftheGrantees negligence
2223Granteespecificallyandexpresslywaivesanyimmunityder24IndustrialInsuranceTitle51RCWandacknowledgesthatthiswaiver25wasmutuallyagreeduponbythepartiesherein262728981202006
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EXhibIT A TO
If at any time the County of Pierce shall vacate any publicstreetroadoralleywhichissubjecttorightsgrantedbythis
franchise the Pierce County Council may at their option and bygivingthirtydaysWrittennoticetotheGranteeitssuccessorsandassignsterminatethisfranchisewithreferencetosuchcountyroadstreetoralleysoacquiredandtheCountyofPierceshallnotbeliableforanydamagesorlosstotheGranteebyreasonofsuch
termination
VII
12 If at any time a new county road is created or established13andconstructedoranexistingcountyroadisreconstructed14realignedoritsgradeischangedorifsewerordrainage15facilitiesoranyotherfacilitieswithinfutureorexistingcounty16roadrightofwayareconstructedreconstructedmaintainedor17relocatedallsuchworktobecalledCountyProjectshereinafter18andiftheinstallationofthefacilitiesasallowedinthis
19 franchise and all supplements and changes thereto should interfere20inanymannerwithanysuchcountyprojectsthentheGanteeatno21expensetothePiercecountyshalluponnoticechangethelocation22oradjusttheelevationofitsfacilitiessothatsuchfacilities23shallnotinterferewithsuchcountyprojects
24 When relocation of Grantees facilities are required by such5countyprojectsthefollowingproceduresshallbefollowed
26
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EXHSiT A TO
Pierce County shall make available to Grantee a list of
anticipated projects for each new budget period as soon
as is reasonably practicable
Pierce County shall provide to Grantee two sets of
preliminary plans for individual projects as soon as such
plans are developed to a state of reasonable certainty
and shall advise Grantee of the anticipated date of start
of work on such projects
3 o Grantee shall when requested by Pierce County n
writing locate their facilities in the field show those
locations on one set of the preliminary plans provided
and return that set to Pierce County Public Works and
Utilities Transportation Services within four weeks of
receiving the written request
Pierce County shall provide to Grantee final plans for
such projects as soon as such plans are available and
shall confirm or correct the anticipated date of start of
work on such projects
5 Pierce County shall assist Grantee in determinin how its
facilitiesshatl be relocated Such assistance by Pierce
County shall include at a minimum copies of plans as
reired above and specifications for such county
projects and information known to Pierce County as to
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EXhibIT A TO
existing survey control available for location of such
county projects Such assistance shall not subject
Pierce County to any liability for the costs of
relocating the sbject facilities a second time if
Grantee incorrectly relocated its faciliies the first
time
When recuested Pierce County and Grantee shall meet to
discuss how county projects and utility relocations can
be accomplished with the least impact on the other
Pierce Countys decision shall be final in such matters
but shall not be unreasonable
Relocation of Granteesfacilities shall be completed in
a timely manner defined as follows
Relocation of Granteesfacilities shall normally be
accomplished in advance of county projects In the
event relocation of Granteesfacilities shall be
done concurrently with such projects Pierce County
shall be so notified and agree to a written schedule
for relocation Compliance with such a written
schedule shall be Grantees duty In no event shail
relocation of Granees faciities interfere with
the prosecution of county projects
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EXHIBIT
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A TO 32
If Grantee should not relocate its facilities in a timely
manner as required above Pierce County may relocate or
cause to be relocated such facilities of Grantee a
Pierce County deems necessary and in the manner Pierce
County deems necessary in its sole discretion Grantee
hereby indemnifies and holds Pierce County its
employees officers officials and aentstotally free
and harmless from all and any liaiitywhich may arise
from damages caused by the relocation by Pierce County of
the facilities of Grantee even if such damages an
liability arise from the negligence of Pierce County its
employees officers officials and agents
Grantee hereby indeuifies and hold harTness Pierce
County its officers officials and employees from
damages which may arise from Granteessfailure to
relocate its facilities in accordance with the dates for
completion of relocation of facilities set forth above
or any other act or omission by Grantee its
contractors agents officers or employees related to
the provisions of this franchise
10 It shall be conclusively presumed that Pierce County will
have suffered damages as a result of exercising its
rights as set forth in Item 8 above and compensation
for such damages will be difficult to ascertain and
therefore Grantee shall compensate Pierce County for
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EXHIBIT A TO
such damages in the amount of twice the amount of the
cost of such relocation of Granteesfacilities by Pierce
County
11 The exercise of its rights as set forth n Item 8
above by Pierce County in no way relieves Grantee of
completing andor finalizing the relocation of its
facilities at n exp ense to Pierce County if the
relocation work done by Pierce County is incomplete
12 in theevent a law suit is brought by Pierce County
against Grantee to collect damages presumed under Item
10 above for the exercise by Pierce County of its
rights under Item 8 above Grantee hereby agrees the
only issue will be the actual cost to Pierce County for
relocating Granteesfacilities The party prevailing in
such an action shall be allowed its legal fees and costs
VIIi
The Grantee shall not sell transfer or assign this franchise
without first securing the written permission to do so upon such
terms and conditions as determined by the Council of Pierce County
If such permission is granted the terms and conditions set forth
herein shall be binding on the Granteessuccessors and assigns
unless others are imposed by the Council of Pierce County when such
permission is granted
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EXHIBIT A TO
This franchise is granted upon the further express condition that
it shall not be an exclusive franchise and shall not in any manner
prohibit the County of Piere from granting any othe franchise over
in along under upon and across any of the said county roads of
any kind and character or territories that may be deemed proper by
the Pierce County Council and this franchise shall not in any way
prevent the County of Pierce from using the county roads and
highways or affect the jurisdiction over them and eveq part of them
by the County of Pierce with full power to make the necessary
repairs changes and alterations in the sameand like maDa as
though this franchise had never been granted
Pierce County reserves for itself the right to so change amend
modify or amplify this franchise to conform to any state staue
order of the Washington Utilities and Transportation Commission or
county renuetlon ordinance or rightofwayregulation as may
hereafter be enacted adopted or promulgated Dd this franchise may
be terminated at any time upon ninety days written notice to the
Grantee to teminate this franchise if the Grantee fails to comply
with its tems and conditions or if the Grantee fails to comply witk
such changes amendments modifications or amplifications and upon
termination Pierce County shall have a lien upon all equipment and
materials erected or placed under this frenchse which lien may be
enforced to reimburse Pierce County for any reasonable expenses nd
payments incurred in terminating this franchise and to cure defaults
by the Grantee
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EXHiSiTI A TO 6 f
Grantee agrees to and shall provide available financial
information to the County upon reasonable reoest Granteeagrees to
and shall during regular business hours and at its office located in
Pierce County Washington allow agents of Pierce County access for
inspection and reproduction of all of Granteesbusiness records
gross revenue reports or rules and regulations relevant to a
determination of the gross revenues received by Grantee from the area
served by the facilities permitted by this franchise
x
In the event that the territory covered by this franchise shall
at any time during the franchise period be included within the limits
of any incorporated city or town the authorities of said city or
town shall have the right to be exercised at their discretion to
acquire by purchase or condemnation ny part of such pipes conduits
and water system other than transmission lines at a price to be based
upon the reasonable value of the same at the time without any
additional value for the franchise or ny unexpired period thereof
and upon uch acquirement this grant and franchise shall immediately
terminate
XI
Grantee acknowledges that Pierce County Charter Section 920
franchises provides in part All franchises hall be subject to the
right of the County or the people acting for themselves through
referendum to repeal for cause amend or modify the franchise in
the interest of the public and agrees to said condition
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Any failure to render adequateservice to the patrons of said water
system or the discontinuance of such water sevices without fault on
the part of the patron or ptrons involved for a period of thirty
days shall work a forfeiture of this franchise at the discretion of
the Pierce County Council unless the failure should result from
causes beyond human control
XIII
Venue and jurisdiction for any controversy arising from his
franchise shall be in Pierce County Washington
XIV
The full acceptance of this franchise and all its terms and
conditions within thirty days from September 28 1998 by
the City of Auburn a municipal corporationofthe State of
Washington in writing is to be filed withthe Clerk of the Pierce
County Council and shall be a condition precedent to its taking
effect ad unless thefranchise is accepted within such time this
franchise shall be null and void
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EXH8T A TO
Pursuant to RCW 3655090 a copy of this franchise shall be
recorded in the Office of the Pierce County Auditor
DATED at Tacoma Washington this 26th day of OctOber
City of Auburn a uncial cor0oration of the State ofWashingtonacceptsandagreetocoplywithailthetemsandconditionsofthisfranchise
Name
Charles A Booth
Name Printed
Title
City of Auburn a municipal couoration of the SateofWashington
october 19 1998
Date
Pierce County
Office ofthe County Council
930 Tacoma Avenue South Room 1046TacomaWashington984022176
253 7987777
FAX 253 7987509
18009922456
STATE OF WASHINGTON
COUNTY OF PIERCE
ISANDY BASSETT Deputy Clerk ofthe Pieme County Council do hereby certify that the
attached is a full true and correct copy ofthe following document
ORDINANCE NO 9872
The original ofthis document is currently located in the Office of the Pierce County Council
930 Tacoma Avenue South Room 1046 Tacoma Washington 98402
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal ofPierce
County Washington this 32CLlday of tll9L 1998
PIERCE COUNTY COUNCIL
PIERCE COUNTY WASHINGTON
Sandy BasjttDeputyerkofthe Council
9812020061
SEC 012004
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EXHilT A TO
Pursuant to RCW 3655080 a copy of this franchise shall be
recorded in the Office of the Pierce County Auditor
DATED at Tacoma Washington this 26th day of October
eourf kecutive
City of Auburn M municipal corporation of the State ofWashingtonacceptsandagreestocomplywithallthetermsandconditionsofthisfranchise
Charles A Booth
Name Printed
MorTitle
City of Auburn a municipal corporation of the StateofWashington
October 19 1998
Date
1 RESOLUTION NO 2 9 5 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
FIRST AMENDMENT TO LAKELAND ANNEXATION T G4BETWEENTHECITYANDTHELAKELANDCOMPANYINC
5
WHEREAS the City and The Lakeland Company Inc have
previously entered into the Lakeland Annexation and Utilities
7
Agreement in June 1996 and
8
WHEREAS disputes arose between the parties on the
9
interpretation and enforcement of the said Agreement and the
10
parties now desire to resolve any disputes with respect to
that Agreement and with respect to all claims and obligations12
between the parties arising from events which predate the
execution on of this Agreement14
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN5
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH18
RESOLVES AS FOLLOWS17
Section 1 The Mayor and City Clerk of the City of18
19 Auburn are herewith authorized to execute First Amendment to
20 Lakeland Annexation and Utilities Agreement with The Lakeland
2 Company Inc A copy of said Agreement is attached hereto
22 denominated as Exhibit A and made a part hereof as though
23 set forth in full herein
24
25
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Resolution No 2955
April 29 1998
Page 1
1 Section 2 The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
3
out the directives of this legislation
4
DATED this 4t day of May 1998
5
CITY OF AUBURN
7
9
CHARLES A BOOTH
10 MAYOR
11
ATTEST
13
14
D
15 DanelleE Daskam8CityClerk
7
18
APPROVED AS TO FORM19
21
Michael J Reynolds22CityAttorney
2S
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Resolution No 2955
April 29 1998
Page 2
PIEFCE COLINTY WA
9805210624
52119 0149 ml
Fee t15700
AUDITORSNOTE
LEGIB1LffY FOR RECORDING AND COPYING UII
SATISFACTORY IN A PORTION OF THI INSTRU
Return Address
Auburn City Cerk
Cil of Auburn
25 West Main St
Auburn WA 98001
RECORDERS COVER SHEET
Document Titles or transactions contained therein
1 Amendment to Lakeland Anneation and Utilities Agreement
2
4
Reference Numbersof Documents assigned or released NONE
Additional reference s on page 3 of document
Grantee Last name first then first name and initials
1 The Lakeland Company
2
3
4
Grantor Last name first
1 AUBURN CITY OF
2
3
4
Legal Description abbreviated ielot block plat or section township range
SEC 6 TWP 20 N Range 5
Additional legal is on page 31 of document
AssessorsProperty Tax ParcelAccount Number 0520061012 0520061013 0520061014
0520052038 0520061015 0520052039 0520061016 0520082006 0520082010 0520064000 0520063000 0520053001052005300405200530140520053004052005301405200530040520053014052005300805200530420520051032052005100105200510030520071001052005304105200620070520062027052006202805200530380520053030052006300005200640000520063008
Assessor Tax not yet assigned
9010G4
AMENDMENT
TO
LAKELAND ANNEXATION AND UTILITIES AGREEMENT
THIS AGREEMENT made and entered into this day of
1998 by and between the CITY OF AUBURN a
municipal corporation organized under Title 35A Optional
Municipal Code hereinafter referred to as CITY and THE
LAKELAND COMPANY INC a Washington corporation its heirs
successors and assigns and all related entities and all
shareholders andor owners jointly and severally and their
marital communities including all parties that have an
interest in the property affected by this Agreement herein
referred to as TLC
WHEREAS the parties to this Agreement have previously
entered into the Lakeland Annexation and Utilities
Agreement referred to as PREANNEXATIONUTILITIES
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 1 cagreernjrfinat
9805ZIOGZ4
AGREEMENT in June 1996 which agreement was approved by
Auburn City Council under Ordinance No 4867 and
WHEREAS disputes arose between the parties on the
interpretation and enforcement of the Pre
AnnexationUtilities Agreement referred to above and the
parties desire to resolve any disputes with respect to all
claims and obligations between the parties arising from
events which predate the execution of this Agreement and
WHEREAS the parties desire to end all disputes and
claims including any and all claims for damages attorney
fees and costs arising from events which predate the
execution of this Agreement and
WHEREAS the parties have engaged in numerous meetings
to resolve all issues between the parties and this Agreement
reflects a compromised position between the parties for the
purposes of attaining a complete settlement and
WHEREAS it is the intent of this Agreement that the
agreement entitled Lakeland Annexation and Utilities
Agreement recorded under Recording No 9608120131 shall
remain in force and effect except as specifically amended by
this Agreement and
WHEREAS the parties acknowledge that a dispute existed
between the City of Bonney Lake and the CITY with respect to
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water service which dispute has been settled between the
City of Bonney Lake and the CITY and in such settlement
comments were taken from TLC and incorporated into the final
Settlement Agreement between the CITY and Bonney Lake and
WHEREAS it is the intent of the parties that the CITY
proceed with the annexation of the TLC property and that TLC
develops that property which is either annexed or will be
annexed in accordance with the standards and land use
polices and procedures of the CITY and
WHEREAS this Agreement and the requirements for any
monetary payment from TLC to the CITY under this Agreement
were specifically requested by TLC to result in a more
marketable development for TLC and any payments are
acknowledged to be not requested by the CITY but placed in
the Agreement by TLC unilaterally and is not considered
payment under RCW 8202020 and
WHEREAS the parties acknowledge that TLC in
cooperation with the State of Washington and other local
government units other than the City of Auburn is
proceeding with the construction of the certain portions of
the Lake Tapps Parkway East as defined in a mitigation
agreement executed between Pierce County and TLC and that
the CITY has no responsibility to construct make any
LeldResolutionNo2955 ELibit A
May 6 1998 Page 3 cagreemjrfinat
9805t064
payments nor guarantee in any way any obligations for the
construction of TLCs portion of the Parkway project
However the parties acknowledge the importance of this
construction project to TLC and that the execution of this
Agreement is vital to TLCs ability to secure financing for
its construction and understand that the sole purpose of
the expedited handling of this Agreement is to obtain a
resolution of disputes prior to May 4 1998 May 4 1998 is
a TLC funding date which requires this Agreement for TLC to
obtain the necessary funding to construct this roadway and
WHEREAS the parties acknowledge the existence of an
Agreement referred to as the Crabtree Agreement and agree
that the settlement provisions in this Agreement settle all
disputes including but not limited to any claims that TLC
may have as a successor under the Crabtree Agreement and
WHEREAS the Crabtree Agreement and all its terms
including those terms relating to customer equivalent
charges for services expire on June 6 1998 and
WHEREAS the parties agree that TLC has had input with
regard to the resolution of the CITY and the City of Bonney
Lake dispute and agree that the settlement provisions in
this Agreement settle any claims TLC may have against the
CITY with respect to water including but not limited to the
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providing of water the providing of water pressure fire
flow or any other claims related to the water utility
NOW THEREFORE BASED UPON MUTUAL COVENANTS TO BE
DERIVED THE PARTIES AGREE AS FOLLOWS
1 LAKELAND ANNEXATION AND UTILITIES AGREEMENT
The parties reaffirm the terms and conditions of
the Lakeland Annexation and Utilities Agreement recorded
under Recording No 9608120131 except as specifically
amended herein
This Agreement affects that real property identified
on the map attached hereto and incorporated by reference as
Exhibit 1 and legally described on attached Exhibit 2
hereafter referred to as TLC Property
3 DEVELOPMENTAL APPROVALS FROM PIERCE COUNTY
The parties acknowledge that as provided in the
PREANNEXATIONUTILITIES AGREEMENT paragraphs 2229213
and 41 prior to annexation of the subject project TLC
must obtain developmental approvals from Pierce County and
in so doing agrees to comply with the Pierce County
requirements and the CITY standards and land use polices and
procedures
In the event that the imposition of CITY standards
on a development application submitted to Pierce County for
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an area not yet annexed to the CITY would result in the
denial of the application by Pierce County then the Pierce
County standard will prevail The CITY agrees to provide
sewer service consistent with the terms and conditions of
this Agreement
4 POLICE AND FIRE SERVICES
Upon annexation the CITY will provide to the area
annexed police and fire services that it provides to its
other citizens Fire service shall be provided to the
annexed property provided that TLC has met all requirements
of ACC Titles 15 and Chapter 1316 as it relates to fire
flow and provided that the CITY may contract fire services
if it cannot practicably provide fire service to some of the
annexed area Sprinklers shall be required for multifamily
and commercial development Sprinklers shall be required
for singlefamily residential development only if necessary
to satisfy the CITYs fire flow standards as described in
Title 15
5 PARKS
Paragraph 45 Parks of the PREANNEXATION
UTILITIES AGREEMENT is amended to read as follows
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 6 cagreernjrfinat
9805ZtOGg4
45a TLC shall dedicate to CITY one
developed 15acre park one undeveloped 15acre park two
developed 5acreparks and a linear park along Lakeland
Hills Way for a total of approximately 4291 acres
45b The parks will be located as indicated
on Exhibit 1 Except for the linear park and Park P4 the
topography and soil conditions shall be approved by the CITY
to ensure each site is suitable for active park use The
CITY has reviewed Park P4 and agrees to accept this
undeveloped park as is The park locations indicated on
Exhibit 1 are acceptable to the CITY However the parties
acknowledge that in order to locate the parks where
indicated on Exhibit 1 TLC must obtain a major amendment
approval pursuant to Pierce County Code TLC agrees to
process the major amendment application by submitting an
application to the CITY and Pierce County concurrently
within 30days of execution of this Agreement While
reserving the right to review any other aspects of the major
amendment the CITY agrees not to object to the proposed
park locations
45c As soon as reasonably possible upon
legal segregation but no later than six months after
approval of the preliminary plat for Lakeland Division One
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9805ZO624
TLC shall dedicate Park P4 to the CITY The linear park
depicted on Exhibit 1 shall be designed to standards
approved by the CITY Parks Director and shall be developed
concurrent with construction of Lakeland Hills Way The
CITY agrees that TLCs commitment to dedicate Park P4 and
the linear park as described in this Agreement satisfies
the CITYs concurrency and mitigation requirements for
issuance of 800 residential building permits Prior to the
issuance of residential building permits for 801 dwelling
units within the PUD TLC shall develop and dedicate Park P2
to the CITY or make arrangements for dedication and use
acceptable to the CITY as necessitated by financing CITY
and TLC agree that upon dedication of Parks P2 and P4 TLC
shall have satisfied concurrency requirements for the
issuance of residential building permits for a total of
2173 dwelling units Thereafter prior to the issuance of
residential building permits for dwelling units in excess of
a total of 2173 CITY and TLC agree that additional park
improvements must be dedicated to CITY or the land
dedicated the improvements bonded and an improvement
schedule agreed upon consistent with the formula described
below
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 8 cagreemjrfina
9805ZX0624
The ratio of improved parks required per thousand
population shall be calculated based upon the following
mathematical assumptions
3408 units approved in Lakeland South
4291 acres of both improved and
unimproved parks required
28 residents per household assumed for
conversion of people to units
Accordingly the ratio of improved park required
per thousand population shall be calculated as follows
Total 4291 acs 3408 x 28 9542
45 acres combined parks1000
population
Less 150 acs 739 x 28 2069 725
acres of unimproved park1000
2791 acs2669 x 28 7473 373 acres
of unimproved park1000
Based upon the foregoing calculations TLC shall
be entitled to the issuance of 9562 residential building
permits for each acre of improved park dedicated to the CITY
or unimprovedbonded park dedicated to the CITY
44 TLC and CITY shall work cooperatively in
development of specific plans that meet CITY park standards
Each party shall respond promptly to proposals and
submittals relating to the design and construction of park
improvements The CITY reserves final approval authority of
park plans and CITY approval must be granted prior to
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construction The level of improvements required in Parks
P1 P2 and P3 shall be based upon 182 per square foot of
total park areas for P1 P2 and P3 The cost per square
foot is based upon improvements made to Lakeland Hills Park
in 1992 and the improvements shall be made at that rate
adjusted by Consumer Price Index from 1992 until the date of
Park plan approval by the CITY The CITY has the right to
distribute improvement funds between and among the Parks but
in any event TLCs financial obligation shall not exceed
the total per square foot cost as specified above
45d The CITY shall assume the responsibility
for proper maintenance of the parks dedicated to it
provided however that the CITY may allow TLC to provide
additional maintenance within parks dedicated to the CITY
with the CITYs written consent Except for Park P4 TLC
must give CITY 1year notice prior to dedication of any park
land to the CITY
45e TLC andor appropriate homeowner
associations agree to develop own maintain repair and
pay real estate taxes and assessments if any on all other
park areas indicated on Exhibit 1 which are less than five
acres in size
LakelandResolution No 2955 Exhibit A
May 6 1998 Page l0 cagreelmjrfinatl
9805ZX064
45f The CITY agrees that TLCs satisfactory
performance of the terms contained in this Section of the
Agreement shall constitute full and complete satisfaction of
the CITYs park standards and requirements and shall be
deemed to meet all park mitigation and concurrency
requirements for the development of the TLC Property
45g TLC agrees that any park impact fees
paid to Pierce County pursuant to Pierce County requirements
will not affect or reduce the park commitments to the CITY
contained in this Agreement
45h In addition to the parks referenced in
this Section TLC agrees to develop recreational trails
within the relocated power line haul road depicted on
Exhibit 1 pursuant to a design and construction schedule to
be mutually determined by CITY and TLC Upon completion of
trail construction maintenance of this recreational trail
shall be the responsibility of the CITY
6 INSPECTING AGENCY
A building permit that has been issued by Pierce
County shall be inspected by Pierce County even if the
subject property is annexed after permit approval Building
permits approved by the CITY shall be inspected by the CITY
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 11 cagreemjrfnat
9805Z10624
7 COVENANT RUNNING WITH THE LAND
The parties agree that this Agreement is a
covenant running with the land and is binding and benefiting
the TLC Property In order to insure that purchasers of
homes rental commercial or other properties may obtain
title free of the encumbrances of this Agreement the
issuance of a building permit for such property shall be
satisfactory evidence of compliance with all provisions of
this Agreement
8 SCHOOL IMPACT FEE ORDINANCE
The parties acknowledge that at the request of the
Dieringer School District and without objection by TLC the
CITY has enacted a School Impact Fee Ordinance TLC agrees
not to challenge the School Impact Fee Ordinance and agrees
not challenge any school impact fees up to 1425 for single
family and 750 for multifamily The CITY reserves the
right to increase the above fees in the future TLC reserves
the right to challenge any school impact fees which exceed
the above stated amounts
9 PROTOCOL FOR SUBMISSION OF APPLICATIONS
Paragraph 41b of the PREANNEXATIONUTILITIES
AGREEMENT is amended as follows
LeldResolutionNo2955EibitA
M61998 Pagel2fcareemjrinat
9805t064
For TLC Property not yet annexed and therefore
under Pierce County jurisdiction development applications
shall be submitted to Pierce County However TLC agrees to
simultaneously submit all such applications except single
family building and grading permits to the CITY Except as
provided in paragraph 2 of this Agreement TLC agrees to
comply with all applicable CITY standards and land use
polices and procedures as determined by City Planning
Director Failure to comply with the provisions of this
paragraph shall be determined a Default of this
Agreement To assure such compliance TLC agrees to pay to
CITY liquidated damages in the amount of 1000 per day for
each day that development is in Default Notwithstanding
any other provision of this Agreement the liquidated
damages shall not begin to accrue if the Default is cured
within thirty 30 days from the date that the CITY mails or
delivers written notice of the Default to The Lakeland
Company PO Box 3866 Bellevue Washington 98009 If any
Default is capable of being cured and the cure cannot be
reasonable completed within the thirty 30 day cure period
the cure period shall be extended up to ninety 90 days so
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 13 cagreemjrfinal
9S05ZtOG2
long as TLC has commenced action to cure within the thirty
30 day cure period and is proceeding to cure the Default
with due diligence
The decision of the CITY Planning Director may be
appealed to the CITY Hearing Examiner within thirty 30
days from the date written decision The day of filing of
the appeal to the Hearing Examiner shall stay accrual of the
liquidated damages The stay of damages shall be released
on the effective date of the Hearing Examiners written
decision If the Hearing Examiners decision is appealed
pursuant to paragraph 53 of the PREANNEXATIONUTILITIES
AGREEMENT accrual of liquidated damages shall be stayed
again until a written decision is issued by the
mediatorarbitrator pursuant to provisions of Section 53 of
the PREANNEXATIONUTILITIES AGREEMENT However in no
event shall any stay following appeal of the Hearing
Examiners decision exceed ninety 90 days
Those permit applications filed with Pierce County
which are considered complete and approved by Pierce County
before annexation shall be built in compliance with the
conditions placed upon it by Pierce County and pursuant to
the conditions of this Agreement
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 14 cagreemjrfinat
98052X0624
10 RELEASES
The parties to this Agreement hereby release
discharge resolve and settle any and all claims arising
from events which predate the execution of this Agreement
including their officials employees staff consultants
shareholders owners attorneys and including attorney fees
and costs including but not limited to claims involving
providing of water or other utilities and any claims that
TLC may claim to have under the Crabtree Agreement This
Agreement is not intended to waive or release any claims or
address any disputes or potential disputes that TLC may have
with the City of Bonney Lake
TRANSPORTATIONParagraph43ofthePREANNEXATIONUTILITIESAGREEMENTisreplaced initsentiretybythefollowing
TLCagreestopaytheCITYatthetimeabuildingpermitisissuedbyeitherCITYorPierceCountythefollowing183957perdetachedsinglefamilyresidentialunit254494perattachedsinglefamilyormultifamilyunit318726perresidenceforresidentialunitswithintheseniorhousingzoneandLeldResoionNo2955EitAM61998Pel5rcagremjrfinat9805ZtO6g4
4 218 per gross foot
of commercial or retail structures
For building permits which are issued by Pierce
County prior to execution of this Agreement TLC shall pay
the above amounts for such permits within 30 days of
execution of this Agreement
The fee amounts described above shall be adjusted
to reflect the increase in the Consumer Price Index for the
SeattleMetropolitan area beginning as the base year January
1 2000 and on January 1st each year thereafter the
percentage difference of each year shall equal the
adjustment
Payment of these fees shall constitute complete
satisfaction of any transportation mitigation and
concurrency requirements for the development of the TLC
Property
TLC agrees that all streets shall be constructed
consistent with CITY standards including design criteria
construction specifications operational criteria and
approved engineering submittals except that the CITY may
agree to modify the standards for private streets
The parties acknowledge that there is a
transportation cap which will allow a generation of up to
LeldResolionNo2955ExhibitA
M 61998 Pel6cagreemjrfnat
9805111064
800 pm peak hour trips for TLC development and that the
development of TLC property subject to this Agreement cannot
exceed that capacity cap until the extension of Lakeland
Hills Way to the Lake Tapps Parkway and the construction of
TLCs portion of the Lake Tapps Parkway East connection 8th
Street East as required in the TLCPierce County
transportation mitigation agreement The Lake Tapps Parkway
East project is identified as Lake Tapps Parkway East
WEST MAP ID No 166 in the 19982003 Transportation
Improvement Program for Pierce County Upon completion of
The Lake Tapps Parkway East connection to 8th Street East as
described in the TLCPierce County transportation mitigation
agreement the transportation cap shall expire
The calculation of peak hour trips shall be
determined at building permit approval
The CITY shall consider the 800 pm peak hour trips
to be present in the transportation system in its review of
development applications for property not included in
Exhibits 1 and 2
12 STORM WATER
Paragraph 44a of the PREANNEXATIONUTILITIES
AGREEMENT is amended as follows
The CITY agrees to receive the storm water from the
LelResoionNo2955ExhitA
M61998 Pel7cagreemjrfinat
DSOSZlO6g4
Lakeland property described herein subject to the
construction and dedication of necessary infrastructure
which meets CITY standards including design criteria
construction specifications operational criteria and
approved engineering submittals upon the effective date of
annexation under the same terms and conditions as storm
water is received from other developments within the CITY
including payment of any charges required by the CITYs
utility ordinances provided the water received from
properties in TLC property not yet annexed shall be of the
same quality and flow rate as from the property prior to
development shall not exceed the capacity of the CITYs
existing storm drainage system and shall be subject to the
same charges as any other property in the CITY for storm
water
The CITY and TLC acknowledge that substantial
mater storm drainage planning has been completed for TLC
properties in the form of the Comprehensive Drainage Plan
Lakeland Hills Development Area prepared by CH2Mhill
Engineers dated March 1991 and the Lakeland Hills South
Development Area Conceptual Storm Drainage Plan prepared by
StephenDowl Engineers dated March 1995 Both parties also
acknowledge that supplemental drainage basin information
LeldResoluonNo2955EibitA
M61998 Pel8cagreemjrfinat
98052X0C4
will need to be developed by TLC to address changed
conditions such as the Lake Tapps Parkway certain
differences between CITY and County standards and impacts
associated with grading activities In addition the
parties agree that TLC will need to continue to develop more
precise drainage subbasin planning information to insure the
adequacy and timely staging of necessary storm drainage
facilities associated with specific development proposals
13 SANITARY SEWER
Paragraph 44b SEWER PREANNEXATIONUTILITIES
AGREEMENT is replaced in its entirety as follows
The CITY shall allow the TLC Property to connect
to the CITYs sanitary sewer utility under the same terms
and conditions as if the property were within the CITY
limits subject to obtaining expanded service area boundaries
and all other terms of this Agreement including but not
limited to Section 3 The CITY shall apply to Pierce
County for any franchise that would be required for the
property not yet annexed with the understanding that
applying for the franchise and any subsequent Pierce County
approval does not waive any conditions set forth herein for
the provision of sanitary sewer service
For the orderly development of its property TLC
teldResolmionNo2955EibitA
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9805Z10624
will need sanitary sewer from the CITY prior to CITYs
annexation of the subject property TLC agrees to construct
all sanitary sewer in accordance with CITY standards
including design criteria construction specifications
operational criteria and approved engineering submittals
and the CITY agrees upon verification of TLCs compliance
with its standards to connect to the CITY system the TLC
system for sanitary sewer upon payment of all charges set
forth in Auburn City Code
The CITY and TLC acknowledge that substantial
master sanitary sewer planning has been completed for TLC
properties in the form of the Comprehensive Sanitary Sewer
Study Lakeland Hills Development Area prepared by Dowl
Engineers dated March 1991 Both parties also acknowledge
that supplemental sanitary sewer information will need to be
developed by TLC to address changed conditions such as
density changes and impacts associated with grading
activities In addition the parties agrees that TLC will
need to continue to develop more precise sanitary sewer
subbasin planning information to insure the adequacy and
timely staging of necessary storm drainage facilities
associated with specific development proposals
LakelandResolutionNo 2955 Exhibit A
May 6 1998 Page 20 cagreernjrfinaL
9805310634
14 WATER
Paragraph 44c is amended as follows
The parties acknowledge that pursuant to the
Settlement Agreement with the City of Bonney Lake the City
of Bonney Lake is the water purveyor for portions of the TLC
Property as set forth in the Settlement Agreement In the
event the CITY determines that the City of Bonney Lake
water system fails to provide adequate fire flow pursuant to
Title 15 of the Auburn City Code the CITY agrees to work in
good faith with the City of Bonney Lake in an attempt to
help achieve a system which meets the CITY requirements for
the provision of urban water services
Immediately upon legal segregation of the relevant
parcels TLC shall convey title to the CITY of the
following the water wells commonly known as 5b and 5c the
water rights it owns or controls on such wells and the
property depicted on the easements which were granted to the
CITY as indicated in Exhibit 3 The CITY and TLC agree that
the use of the real property described in Exhibit 3 shall be
subject to the restrictions indicated in Exhibit 4
As consideration for TLCs conveyance of the water
wells and the real property described in Exhibit 3 the CITY
agrees to pay TLC the appraised value for the land and a
LeldResolutionNo2955EitA
M 61998 Pe21 caremjrfina
9805ZlO6g4
mutually agreeable fair market value for the wells up to a
maximum of 370000 adjusted at 10 per annum until closing
of the conveyance TLC agrees to convey the subject
property free and clear of all liens and encumbrances and
provide the CITY with a policy of title insurance in the
value of the purchase price insuring the property free and
clear of all liens and encumbrances and agrees to provide a
Statutory Warranty Deed
16 FIRE
The parties acknowledge that the property subject
to this Agreement which is not yet annexed may not be
provided fire service directly by the CITY TLC shall
arrange for fire service coverage through Fire District 22
and any agreement between TLC and Fire District 22 shall
contain provisions which allow termination upon annexation
by the CITY so that the property may be served by the CITY
if the CITY chooses to provide fire services directly rather
than by contract Upon fortyfive 45 days written notice
from the City of its intent to provide fire service directly
or by contract with another service provider TLC agrees to
provide Fire District 22 thirty 30 days written notice of
termination For all building permits issued subsequent to
the fortyfive 45 day notice period TLC agrees to pay
LeldResolutionNo2955ExhibitA
M 61998 Pe22 careemjrfinat
9805310624
mitigation fees to the CITY at the time of building permit
issuance for developments within the annexed property in
the amounts indicated below
1 41978 per detached singlefamilyresidentialunit
2 27247 per attached single or
multifamily residential unit
3 9363 per residential unit within
the Senior Housing Zone
4 109 per gross foot of commercial
or retail structures
The above amounts shall be adjusted to reflect the increase
in the Consumer Price Index for the SeattleMetropolitan
area beginning as the base year January 1 2000 and on
January 1st of each year thereafter the percentage
difference shall equal the adjustment Payment of these
fees shall constitute complete satisfaction of any fire
service mitigation and concurrency requirements by CITY for
the property described herein
17 PENDING APPLICATIONS IN PIERCE COUNTY
The development applications indicated on Exhibit
5 attached hereto and incorporated by reference were
submitted to Pierce County by TLC prior to annexation The
CITY agrees to allow TLC to process the applications
indicated on Exhibit 5 through Pierce Countys development
LelResolmionNo2955EibkA
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9805210624
review process to issuance of a final decision even if the
subject property is annexed to the CITY prior to completion
of the Pierce County review process
CITY OF AUBURN
CHARLES
MAYOR
ATTEST
Danlelle E Daskam
City Clerk
City Attorney
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 24 cagreemjrfinat
9805310624
THE LAKELAND COMPANY INC
By
STATE OF WASHINGTON
ss
COUNTY OF KING
On this C day of nan 1998 before
me the undersigned a Notary Publi for the State of
Washington duly commissioned and sworn personally appeared
the corporation that executed the within and 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
heshe is authorized to execute said instrument on behalf of
said corporation
GIVEN DER my hand and official seal the date
here
i O MY COMMISSION expires 5 yO0
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 25 cagreerainfinal
9805210624
STATE OF WASHINGTON
ss
COUNTY OF KING
On this C day of 1998 before me the
undersigned a Notary Public Yand for the State of
Washington personally appeared CHARLES A BOOTH and
DANIELLE E DASKAM personally known to me to be the Mayor
and City Clerk respectively of the CITY OF AUBURN the
corporation that executed the within and foregoing
instrument and acknowledged the said instrument to be the
free and voluntary act and deed of said municipal
corporation for the uses and purposes mentioned in the
instrument
GIVEN UNDER my hand and official seal the date
hereinabove set forth
LakelandResolution No 2955 Exhibit A
May 6 1998 Page 26 cagreernjrfinat
9805210624
RESOLUTION NO 3 I 9 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO 1 TO THE BILATERAL COMPLIANCE
AGREEMENT BETWEEN THE CITY AND THE STATE DEPARTMENT OF
PUBLIC HEALTH
WHEREAS the City entered into a Bilateral Compliance Agreement in
1996 which identified a step plan to meet the provisions of the Lead and
Copper Rule of the Safe Drinking Water Act and
WHEREAS the step plan must be expanded to include treatment for
Well 6 and Well 7 as they are supplemental supply for the Citys water system
and
WHEREAS it has been determined the timeline for completion of the
project must be expanded to account for the development of the new wells
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
SECTION 1 The Mayor and City Clerk of the City of Auburn
Washington are herewith authorized to execute Amendment No 1 to the
Bilateral Compliance Agreement between the City of Auburn and the State
Department of Health including treatment for Well 6 and Well 7 and modifying
Resolution No 3190
January 21 1999
Page 1
the timeline for the treatment facility to be operational A copy of said
Amendment is attached hereto and denominated as Exhibit A
SECTION 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directires of
this legislation
DATED and SIGNED this 6TM day of March 2000
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
Resolution No 3190
January 21 1999
Page 2
BILATERAL COMPLIANCE AGREEMENT
Amendment No 1
Water System Name City of Auburn Water System
Subject Compliance with the Lead and Copper Rule Chapter 246290WAC
The following compliance agreement is hereby established between the Department
of Health hereafter Department and City of Auburn Water System hereafter
City
The Department and the City agree on the following corrosion control issues
approaches and schedules
1 Auburn has slightly exceeded the copper action level at the 90th percentfie
per the Lead and Copper Rule 15 and 157 mgfL copper at 90th percentfie
compared to standard of 13 mgL copper for medium size systems
2 The best utility system approach is to adjust the pH of the water in the
distribution system to reduce corrosiveness towards copper and may include
other appropriate measures such as replacement of susceptible materials
changes to electrical grounding practices etc
3 Corrosion control optimization is realized when the elevated pH levels will
have caused the following
Copper levels are reduced and maintained below the action level of 13
mgL at the 90th percentfie see items 4 and 5 for clarifications
No significant adverse impacts of the treatment on bacteriological
quality in the distribution system
No significant adverse impacts of the treatment on domestic customer
satisfaction eg red water due to disturbances in unlined cast irons
and
No significant adverse impact on commercial and industrial
customers health care facilities and wastewater facilities
Any significant adverse impacts occurring as a result of corrosion control will
be investigated and documented along with possible mitigation measures in
a report prepared by the City and submitted to DOH
Exhibit A Resolution 3190
1
4 The 90th percentile copper level will be calculated using the original 60
monitoring sites per the Lead and Copper Rule plus an estimated 30
additional monitoring sites in the vicinity of untreated sources Results of all
analyses of samples from all monitoring sites in the system will be evaluated
in one sampling pool to determine Lead and Copper Rule Compliance The
limits of the zones surrounding untreated sources are depicted on Exhibit 1
5 Untreated sources of supply will be sampled within the limits of the zones of
influence using the number of connections and the population of the zone
and a factor of 25 people per connection as a conversion factor as follows
Population Number of Sample Sites
100 5
101500 10
5013300 20
330110000 40
Sample sites will be selected per the Lead and Copper Rule Any previous
monitoring sites in the untreated zones of influence will be retained and can
be used in lieu of a new site
6 Treatment is anticipated in 4 stages at this time
Source Stage
Coal Creek Springs plus blending of well 4 1
Well 2 6 and 7 1
Well 1 To be determined
Well 4 2 if needed
West Hill Springs 3 if needed
Wells 5 and 5A Lakeland Hills No treatment Monitoring indicates supply is
not corrosive
Wells 3Aand3B To be determined
Future Sources To be determined
7 Monitoring will be conducted after each stage to determine if optimization is
achieved If optimization is achieved no further treatment stages are
needed If optimization is not achieved the City plans to proceed to next
stage with Department approval
8 Schedule for Stage 1
Project Schedule for Stage 1 Date
Submit Lead and Copper Compliance Report DOH July July 19 1995
1 1995 Schedule Met
Finalized BCA assumed start October 7 1996
Submit 30 Design Reports for Coal Creek and Fulmer October 1999
Field to DOH
DOH Approval of 30 Design Reports Pending
BCA Amendment No i March 202000
Submit Final Plans and Specifications September 15 2000
DOH Approval of the Final Plans and Specifications October 12 2000
Complete Construction of Facilities July 18 2002
Monitoring Report 2 Rounds July 17 2003
Submit Report to Determine ff System is Optimized October 23 2003
9 If the Lead and Copper Rule is amended or changed the Department and
City will review the changes and their effects on the City and if needed will
jointly renegotiate this agreement
The City of Auburn agrees to perform the following
Submit a project report and construction documents In accordance with
WAC 246290110 and 120 submit for review and approval a project report
Predesign Engineering Report and construction documents plans and
specifications for the installation of the corrosion control treatment equipment
approved by the Department
Construct corrosion control treatment facilities Complete the installation of
Stage i corrosion control treatment facilities in accordance with Department
approved construction documents prior to July 18 2002
Monitor water quality parameters Monitor water quality parameters in
accordance with Title 40 CFR Chapter I Part 14187c d and e beginning on
July 19 2002
Monitor tap water quality for lead and copper Monitor tap water quality in
accordance with Title 40 CFR Chapter I Part 14186 d and complete two six
month monitoring compliance periods prior to July 19 2003
Well 4 Discharge Well 4 into Reservoir 1 for blending under normal operating
procedures Monthly production records will be kept to document where the water
is directed and made available to the Department upon request Department will
allow Well No 4 to be discharged directly into the distribution system should
distribution system pressure drop below 35 psi during an emergency fire main
break etc
Optimization Report Prepare and submit an optimization report that addresses
copper monitoring results any significant adverse effects that may reasonably be
associated with corrosion control any copper staining incidents that occur in the
untreated zones of influence and any copper staining or corrosion incidents in new
construction The report will document what action the City plans to take to
address these occurrences Further the optimization report will recommend a pII
operating range for optimization and will recommend if Stage 2 treatment needs to
be implemented
The Department of Health areesto
Concur with Optimization The Department agrees that optimization is
achieved that Auburn will be considered in compliance with the LCR and that no
further stages of implementation will be required when the following conditions are
met
Copper levels are reduced and maintained below the action level of 13 mgL
at the 90th percentile see items 4 and 5 for clarifications
No significant adverse impacts of the treatment on bacteriological quality in
the distribution system
No significant adverse impacts of the treatment on domestic customer
satisfaction and
No significant adverse impact on commercial and industrial customers
health care facilities and wastewater facilities
The Department will also consider the Optimization Report in determining
compliance with the LCR
Defer enforcement The Department shall not initiate any enforcement actions
for violations of the Lead and Copper Rule as long as the conditions of this
agreement are being met
Renegotiate agreement The Department will negotiate the level of activity or
the schedules in this agreement if requested by the City
Terminate agreement The Department agrees to terminate this agreement
within 30 days upon request by the City
All documents or reports required by this agreement questions about compliance
and request to modify this agreement shall be directed to DOHNorthwest
Drinking Water Operations 1511 3rd Avenue Suite 719 Seattle Washington
98101
CITY OF AUBURN
Charles A Booth Mayor
Date Dd O
ATTEST
Danielle E Daskam City Clerk
My PROVED AnSoldT s CFiOtyR AMttorney
WASHINGTON STATE DEPARTMENT HEALTH
Ahhorized Signatt9
Print or Type Name
TITLE C ftYf
Date 2Lft J290
LRMYbd
REF HPROJPR62921E00133 R E C Ir V ir D
FIB I 4 2000
5
NW DRINKING WATER
Exhibit 1
Auburn Water System
Limits of Zones of Influences for Untreated Sources
RESOLUTION NO3 3 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO
PERFORM THE NECESSARY ADMINISTRATIVE MEASURES TO APPROVE
AUBURNS WITHDRAWAL FROM THE EXISTING SOUTH KING COUNTY
REGIONAL WATER ASSOCIATION JOINT OPERATING AGREEMENT
DATED OCTOBER 8 1996 AND TO INDICATE AUBURNS ACCEPTANCE
AND CONTINUANCE AS A SIGNATORY MEMBER OF THE REVISED
SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT
OPERATING AGREEMENT DATED DECEMBER 19 2000
WHEREAS Auburn is a member of the South King County Regional
Water Association SKCRWA consisting of the cities of Algona Black
Diamond Kent and Pacific and Lakehaven Utility District Soos Creek Water
Sewer District and King County Water District 111 as authorized by
Resolution No 2568 adopted June 5 1995 and modified by Resolution No
2781 adopted December 21996and
WHEREAS the Board of Directors of the SKCRWA saw a need to make
certain amendments to the Joint Operating Agreement dated October 8 1996
to provide clarification to the intent of the agreement and
WHEREAS the Board of Directors of the SKCRWA have now prepared
and recommended for approval by each participatory member an update of the
Joint Operating Agreement to which Auburn is a signatory member
Resolution No 3383
August 172001
Page 1
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of Auburn are hereby
authorized to perform the necessary administrative measures to approve
Auburns withdrawal from the existing SKCRWA Joint Operating Agreement
dated October 8 1996 and to indicate Auburns acceptance and continuance
as a signatory member of the revised SKCRWA Joint Operating Agreement
dated December 19 2000 A copy of said Agreement is attached hereto and
denominated as Exhibit A and incorporated by reference in this Resolution
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Resolution No 3383
August 17 2001
Page 2
ItDATEDandSIGNEDthis day of September 2001
QkL
CHARLES A BOOTH
MAYOR
ATTEST
lDaltelleEDaskam
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
Resolution No 3383
August 17 2001
Page 3
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Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
1F1C IIoF 11p171l1li
KING
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement South King County Regional Water Association Joint OperatingAgreementI13Or
FilED BY PNtrcLv3jLJ2
Reference Numbersof Documents assigned or releasedDAdditionalreferencesonpageofdocument
GrantorsBorrowers Last name first then first name and initialsAuburnCityof
GranteeAssigneeBeneficiary Last name firstSouthKingCountyRegionalWaterAssociation
Legal Description abbreviated Le lot block plat or section township range
PER RCW 3934
D Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA
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o Assessor Tax not yet assigned
1 1 r
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SOUTH KING COUNTY REGIONAL WATER ASSOCIATION
JOINT OPERATING AGREEMENT
December 19 2000
WHEREAS an adequate and safe water supply for South King County Regional Water
Association SKCRWA and its members is vital to both existing citizens and in implementing the
longtenn comprehensive plans ofSKCRWA members and
WHEREAS the State and SKCRWA prepared a Coordinated Water System Plan
CWSP for South King County and
WHEREAS projects that provide tor the coordinated and cooperative use and operationofsupplytransmissionstoragetreatmentandpumpingfacilitiestominimizecostprovidefor
improved water quality protect the environment provide for emergency needs and maximize the
best use ofthe resource is in the best interest ofthe citizens ofthe region
WHEREAS the current and neartenn water needs of the local governments and
SKCRWA require steps to establish a cooperative subregional water supply system and
WHEREAS the SKCRWA is committed to cooperate toward regional solutions for both
emergency and long range water supply needs and
WHEREAS the SKCRWA signatory members developed a Joint Operating Agreement in
1995 and revised the Joint Operating Agreement in 1996 and now want to further revise the
Agreement
NOW THEREFORE the SKCRWA signatory members of this Joint Operating
Agreement JOA agree as follows
I GENERAL
A The Signatory Members acknowledge the requirement to incorporate land use
planning as defined by the Growth Management Act with water supply planningand
B The Signatory Members recognize the benefits of developing a subregional water
supply system that will allow the optimum use of surface and groundwater to
better manage and protect the areas water resources and
C The Signatory Members will hold an Annual Meeting about September 30th to
review the status of this JOA and any Amendments as well as other problems of
mutual concern The specific date time and location ofthe meeting will be set by
mutual agreement
December 192000
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D Merger shall mean when two signatory members merge or when a signatorymemberandanonsignatorymembermerge
E Termination This agreement shall cease to be binding on or to any signatorymemberthatisnotingoodstandingorwheneveramergeroccurs
2 INTENT
A The general intent is to create a method for the Signatory Members to
cooperatively use certain existing facilities and construct new facilities needed to
develop a subregional water system The Signatory Members may mutually
agree by Interlocal Agreement to produce additional water and distribute it within
the Subregional Service Area with or without change to their retail service area
B The JOA provides a rramework for joint development of specific projects that mayincludetwoormoreParticipantsEachfacilityprojectandorintertieshallbe
developed under a separate Interlocal Agreement IA consistent with this JOA
subject to approval by appropriate affected city council andor water district
boards The specific intent of this JOA is to make provisions for a standardized
fonn to create or expand cooperative agreements to meet the public water supply
needs for both emergency and longtenn use and to establish a basis for agreement
between Participants for financing ownership construction and operation of
mutually beneficial projects required to achieve cooperative objectives These
projects may include common facilities with other Agencies outside the SKCRWA
planning area
Interlocal Agreements IA negotiated under the provisions ofthis JOA shall speakforthemselvesandshouldreferencetheversionoftheJOAwhichisinplaceatthe
time that the agreement is reached It is the intent of the Signatory Members that
any Interlocal Agreements negotiated under the JOA would survive the withdrawal
of a Signatory Member rrom the JOA or rrom the South King County Regional
Water Association
It is further the specific intent ofthis JOA to preserve Signatory Members existing
water rights and protect the established or planned interest and needs of each
Signatory Member with respect to sources ofwater
Suggested content for anInterlocal Agreement is shown in Exhibit A
C It is the desire of the Signatory Members that this JOA be incorporated into the
South King County CWSP at the next update
D The tenn Participant as used in this JOA shall mean all the signatories of an IA
consistent with and implemented subsequent to this JOA
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E The term Signatory Members as used in this JOA shall mean a member in good
standing of the South King County Regional Water Association who has signed
this JOA Good standing includes but is not limited to being current on all dues to
the SKCRWA
3 SUBREGIONAL SERVICE AREA AND FACILITIES
A Subregional Service Area shall mean the Signatory Members Designated Water
Service Areas identified in the CWSP or as approved by amendments to the CWSP
or as identified in a Signatory Members approved Comprehensive Water Plan
B Subregional Facilities shall mean
a that portion ofthe Participants sources interties transmission and storage
systems required to supply water to the service areas ofthe Participants or
new facilities as defined by a separate IA pursuant to this JOA
b those designated capacities within a Participant system as specificallydefinedinanappropriateIA
C Facility Ownership Ownership of the physical facilities that exist on the date of
this JOA shall remain with the individual Signatory Members Unless otherwise
agreed to within a specific IA ownership and operational responsibilities of new
facilities shall be based generally on location in designated service areas with
capacity rights defined by appropriate IA
WATER SUPPLY CAPACITY RIGHTS
A Capacity Rights Participants may purchase capacity by IA Any changes in these
capacity rights shall be recognized by an IA approved by the appropriate affected
city councils andor water district boards
B Additional JOA Participants Other agencies may purchase capacity rights in
subregional facilities subject to the provisions of paragraph 4C Other agencies
who become Signatory Members of the SKCRWA and become Participants in
future projects undertaken under this lOA and future IAs will be assessed past
costs associated with development ofthis JOA as specified in Exhibit B
December 19 2000 3
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C Wholesaling Water
a A Signatory Member may wholesale water through lease or otherwise
delivered through subregional facilities to areas outside of the Signatory
Members Service Area so long as the other Signatory Members capacityrightsarenotnegativelyimpactedSignatoryMembersoftheSKCRWAagreethatwherefeasibleandmutuallybeneficialtheywillcoordinateplanningand
development ofwater resources
b Signatory Members further agree that prior to entering into any agreement to
deliver long term water supply or construct joint facilities with a nonSignatoryMemberagencytheywillfirstmakeagoodfaithefforttooffersuchsuppliesandorcapacitiestoSignatoryMembersprovidetherightoffirstrefusal
Such offers shall be made on a cost of service basis as established by separateIASignatoryMembersshallhave60daystorespond
c Signatory Members agree that when entering into any agreement to deliver
long term water supply or construct joint facilities with a nonSignatoryMemberagencyinaccordancewiththisJOAtheywillincludeandcollectfor
remittance to the SKCRWA a fee for reimbursement of the costs for
development ofthe JOA as specified in Exhibit B
d Regular meetings of the SKCRWA shall be the forum for making SignatoryMembersawareofdiscussionsregardingwatersalesandjointprojectshoweveralloffersofparticipationorrequestsforparticipationshallbein
writing with copies to other Signatory Members
D Conservation All Participants will develop and implement a conservation planthatisconsistentwithStateguidelinesAdditionalorsupplementalconservation
requirements beyond basic programs may be included in a specific Interlocal
Agreement
E Curtailment In general curtailment for delivery of firm water shall be on a
uniform percentage basis for both wholesale and retail customers and curtailment
for delivery of interruptible water shall be on a last in first out basis as
determined by the date of formal agreement Specific curtailment requirementsandprovisionsshallbeincludedinInterlocalAgreementsimplementedunderthis
JOA
F uality An objective ofthe Signatory Members is to maintain the quality ofthe
water in the subregional facilities at or above the quality required by the State
drinking water standards The purchasing Participant will be responsible for
ensuring water quality blending analyses and other water quality issues are
resolved to their own satisfaction The Signatory Members may meet periodically
to ensure that water quality and operational issues are addressed and that needed
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information is exchanged in a timely fashion The written results ofthese meetingswillbecirculatedinatimelymannertoallmembersandparticipantsandreviewed
at the annual meeting
G Additional Facilities Projected needs will be identified by the Participants based
on the Participantsdesignated service areas As five or more years may be needed
to bring major new source capacity capabilities on line fiveyear and tenyearforecastsarerequiredandmustbeupdatedwheneveraParticipantbecomesaware
of any significant change in their forecast demand These will be discussed jointly
as they arise and reviewed at the annual meeting
H Financing Each Project IA will include pertinent details of financing for that
project Financial participation in existing and additional facilities will be based on
each Participantsprojected need for each facility as designated capacity rights
Cost of Service Charge The Signatory Members and Participants will establish
wholesale water sales charges for both emergency and longterm supply that
include Icapital cost 2 fixed operating cost and 3 a variable operating cost
based on quantity ofwater delivered based on actual costs ofproviding the service
Fixed and variable operating and maintenance costs payments will be made
monthly per meter and use rates Projected annual rate adjustments and
documentation shall be provided at the annual meeting Any rate increase will be
effective beginning January I ofthe following year
I The Rates and Charges for the capital operation and maintenance ofthe
system shall be based on the following
a Capital Cost Those construction related costs incurred for
Capacity Rights Capital Costs for facilities contracted solely for a
specific project described in an IA are allocated based on
designated capacity to be purcbased
Capital costs shall include the debt service for each ParticipantSuchdebtserviceshallbedefinedastheactualdebtserviceondebt
issued for the Participantsproportionate share of capacity rights
or if no debt is issued for the Participantscosts by the financingParticipanttheamortizedvalueattheinterestrateofthemost
recent revenue bond issued by the financing Participant over 20
years However should all capital costs be paid in full by anyParticipantpurcbasingcapacityrightspriortothetimeofthe
financing Participant incurring the costs no interest charges shall be
assigned to the Participant purchasing capacity rights
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Capital Costs associated with a supplying Participants construction
of their internal water system facilities may be included in the fixed
and variable operating costs as appropriate using cost of service
principles in the same manner as those costs are included in the
supplying Participantscustomer rate base
b Fixed Ooerating Cost The cost of labor supervision suppliesutilitiesservicestaxesinsuranceandallothercostsrequiredto
operate and maintain the system other than those items included
under Variable Operating Cost The operating cost will include an
allocation for renewal and replacement
c Variable Ooerating Cost Those costs directly proportionate to the
volume ofwater produced including chemicals electric power and
other costs required to meet customer and system needs not
included in a and b above
2 Accounting
Subregional facilities accounting shall be documented in accordance with
generally accepted accounting practices acceptable to the Participants
ADMINISTRATIVE LEGAL AND OTHER PROVISIONS
A Each Signatory Member shall designate in writing their representative responsibleforcoordinationandimplementationoftheJOAandthesubsequentIAsThe
designated individuals will be the primary contact for all project approvals and
communication and shall prepare and publish a schedule and plan to facilitate the
planning design and daybyday operation of facilities associated with the
subsequent IAs
B Signatory Members in good standing may propose Amendments to this JOA at
any time Signatory Members in good standing shall vote on proposedAmendmentsattheAnnualMeetingAquorumofSignatoryMemberspresentshallapproveanyAmendmentstothisJOApriortotheirsubmittaltoSignatoryMemberscitycouncilsandorutilitydistrictboardsforapprovalASpecialMeetingoftheSignatoryMembersmaybecalledforthepurposeofamendingthis
JOA by two thirds ofthe Signatory Members in good standing
C A Signatory Member may withdraw ftom this JOA by providing 120 days notice to
other Signatory Members Notice shall be provided to each Signatory Member in
writing and shall include the reason for withdrawal
December 192000 6
D Any Signatory Member that withdraws ITom the SKCRWA also withdraws ITom
this JOA
E This JOA shall remain in full force UIess terminated in writing by mutual
agreement of all Signatory Members in good standing Termination ofthe JOA or
withdrawal by any signatory member shall not affect any Interlocal AgreementsnegotiatedunderaJOA
F A Signatory Member who merges with any Agency which is not a SignatoryMemberofthisJOAmustwithdrawITomtheJOAThemergedagencywould
then be allowed to reapply for Signatory Membership in the JOA as the merged
Agency
IN WITNESS WHEREOF the SKCRWA members hereto have caused this agreement to be
cJxecuted by their proper Officers on the day of J`R 3fJICtZ
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RPpr1d As To Form
By Q So
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ByTitle
City ofAI
Date 101
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By Q otr
Title Mayor
City ofAuburn
Date September 4 2001
AttesttjJaApprovedAsToFormd
By Ø
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By
December 192000
By
Title
City ofBlack Diamond
Date
By
Title
City Kent
Date 7 0
By
Title
Lakehaven Utility District
Date
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By
Approved As To Form
By
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Approved As To Form
By
December 192000
˙2 rJfTitleanrfIII11
Soos Creek Wi and Sewer District
Date nv 0
By
Title
King County
Date
111
By
Title
City ofPacific
Date
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South King County
Regional Water Association
Joint Operating Agreement
EdIibitA
Check List for IDterlocal Agreements
1 Project Title
2 General
List of Utilities to be parties to the Interlocal Agreement lA and approval of the appropriate
city councils andor water district boards
Consistency with the Joint Operating Agreement JOA
Description ofneed for the project
Listing ofpotential wholesale customers for the water in accordance with Section 4Cofthe
JOA
Recognition of assessment ofcosts associated with development ofJOA in aocordance with
Section 4Bofthe JOA
Recognition of right offirst refusal to excess capacity ofSignatory Members ofthe South
King County Regional Water Association SKCRWA in accordance with Section4C of the
JOA
Recognition that capacity and water rights are available to meet the needs ofthe IA
3 Description ofProject
Include a drawing or description which identifies all the facilities to be considered within
the lA Included within the description should be all jointly or solely owned facilities that
are to be operated or paid for by a party to the lA
Description oflong term ownership ofthe facility
Identification ofthe party responsible for operation andor maintenance ofthe facilityIdentificationofthepartyresponsibleforpaymentforthedesignandconstructionofthe
facility
4 Project Costs Financing Capacity Rights
Description ofall project costs and the allocation to each party
Definition ofcapacity rights for all facilities
Definition ofcost sharing for longterm maintenance for each facility
Definition ofmethod ofreimbursement for moneys expended ifrequired
Description ofany applicable latecomer fees or hookup charges
Description ofrequirements for record keeping and monitoring ofcosts
5 Project Design and Construction Management
Definition ofoverall project management responsibilities
Definition ofdesign and construction management responsibilities for individual facilities
Description ofbasic periodic meeting schedule for review ofproject progress
December 19 2000 1 JOA Exhibit A 2000
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6 Conditions ofService
Limitations to source sharing or delivery of water ifany
Design criteria for the project facilities
Minimum and maximum flow rates and pressures
Items specifically excluded liom the project
7 Term ofDuration ofthe Agreement
Discussion ofthe length oftime the agreement is in effect as well as the method to terminate
the agreement and succeeding agencies obligations
8 Amendments
Method by which the agreement could be amended
9 Hold Hannless Liability Language etc
December 19 2000 2 JOA Exhibit A 2000
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South King County
Regional Water Association
Joint Operating Agreement
exhibit B
Computation of Charges
Initial Computation based on 8 shares
16652
8
2081 Initial charge for a share
Cost to develop JOA from Covington and WD 111
Cost to the three participants of 1A2
Covington and Auburn three sharE 6244
WD 111 two shares 4163
Final Computation based on 12 shares
16652
12
1388
Ultimate use charge
Algona and Black Diamond one share 1388
WD 111 two shares 2775
Auburn Kent Covington WD Lakehven
UD Or Soos Creek WSDthree shares 4163
Relmbersement for Development and initial use to Covington WD 111and Auburn
16652 Cost for development
Covington WD 111 Aubum
8326 8326
6244 4163 6244208141636244
2081 4163
6244 4163 6244
4163 2775 4163
2081 1388 2081
463 463 463
1619 925 1619
lOA EchibiI B Fees 2000
development cost
use charge 1A2
recovery charge IA2 Auburn
ultimate use charge
remaining reimb
recovery charge IA3 Algona
remaining reimb
Decen—er 192000
Approved January 212003
REVISED DYLAWS
of
REGIONAL WATERASSOCIATION OF SOUTH KING COUNTY
L MEMBERSHIP
A Reeular Memben Governmental Bodies providing water service in South King County are
entitled to regular membership in this Corporation upon approval by the Board ofDirectors and
payment of any then required fees andor dues
The term member as used in these Bylaws shall mean regular member unless otherwise
designated
D Affiliate Memben Any governmental body Association of Water Purveyors water
purveyor individual or business may become an Affiliate Member upon approval by the Board of
Directors and payment ofany then required fees andor dues
Affiliate Members have no proprietary or other interest in the Corporation are not entitled to
vote are not entitled to attend meetings as a matter ofright and have no right to participate in
any distributions in dissolution or otherwise by the Corporation
Affiliate Members may with the approval of the Board ofDirectors attend any regular meeting
Ænd participate in all discussions at any regular meeting
C Assienment Neither regular nor affiliate membership in this Corporation is assignable by the
member
ll DIRECTORS
A Number The Articles of Incorporation provide for not less than three nor more than twenty
five Directors At the present there shall be as many Directors as there shall be regular members
plus the Alternate Directors provided for herein below The number of Directors and Alternate
Directors may be changed by the membership at any regular meeting or at a special meeting called
for that purpose
D Oualifications Directors and Alternate Directors must be elected officials or the designee of
members of the Corporation Each regular member shall be entitled to select one Director and
two Alternate Directors provided herein below
C Selection and Term Directors and Alternate Directors shall normally be selected by the
Regular Member prior to the Annual Meeting and serve for a term ofone year or until such time
BYLAWS 1
Approved Januy 212003
thereafter as their successors shall be selected by the Regular Member Notice of selection shall
be in a written form satisfactory to the Board ofDirectors
D Alternate Directors In the absence ofa Director at a meeting of the Board ofDirectors or
in the event that a Director is unavailable or unable to act on any matter between meetings an
Alternate Director representing the same member may attend the meeting and vote andor act
outside a meeting Members may designate the order in which their Alternate Directors may act
In the absence of such designations it shall be as agreed by that members Alternate Directors
E Vacancies The Regular Member in accordance with the Selection requirements of these
Bylaws shall fill any vacancies occurring among its Directors and Alternate Directors
F Board of Directors The Director ITom each Regular Member or in the absence of the
Director the Alternate Director shall constitute the Board ofDirectors ofthe Corporation
No one need look beyond the fact that a vote or act was performed by either a Director or an
Alternate Director All such votes and actions shall be binding on the Corporation and may be
relied upon as the act of the Board ofDirectors and the Corporation by all persons dealing with
the Corporation
G ComDensation Directors shall not receive any compensation for acting as such but may be
reimbursed for expenses incurred in the business of the Corporation provided the expenses were
approved in advance by the Board ofDirectors or Executive Committee
ill AFFILIATE DELEGATES
A Affiliate Delegates Each Affiliate Member shall be entitled to an Affiliate Delegate and an
Alternate Affiliate Delegate
A Qualifications Affiliate Delegates and Alternate Affiliate Delegates may be elected officials of
or a designee ofthe Affiliate Member
C Selection and Term Affiliate Delegates and Alternate Affiliate Delegates shall be selected by
the Affiliate Member and serve until such time thereafter as their successors shall be selected by
the Affiliate Member Notice of selection shall be in a written form satisfactory to the Board of
Directors
D Vacancies The Affiliate Member in accordance with the selection requirements of these
Bylaws shall fill any vacancies occurring among its Affiliate Delegates and Alternate Affiliate
Delegates
BYLAWS 2
Approved January 212003
F Compensation Affiliate Delegates and Alternate Affiliate Delegates shall not receive any
compensation from the Corporation
IV OFFICERS AND COMMITTEES
A Number The Officers ofthe Corporation shall be a President Vice President Secretary and
a Treasurer In addition to the foregoing the Board ofDirectors may elect such assistant or other
Officers as the Board from time to time deems appropriate
B Term Officers shall be elected by the Board of Directors at the Annual Meeting ofthe Board
of Directors and shall serve for a term of one year commencing on their election or until such
time as their successors are elected
C Vacancies The Board ofDirectors may fill a vacancy in any office for the unexpired portion
ofthe term
D Oualifications No person may serve as an Officer of the Corporation unless hesheis also a
Director or Alternate Director
E President The President shall be the managing Executive Officer of the Corporation and shall
be subject to the ultimate authority of the Board of Directors andor any Executive or other
committees appointed by it have general charge ofthe business ofthe Corporation
The President shall together with the Secretary execute all documents and instruments which are
required in the ordinary course of the Corporationsbusiness or which are required by law to be
executed by the Corporation
F VicePresident In the absence of the President or hislher inability or refusal to act the Vice
President shall perform the duties ofthe President and when so acting shall have all the powers
of and be subject to all ofthe restrictions upon the President
G Secretary The Secretary shall in person or through any Assistant Secretary or authorized
employee a Keep the minutes ofall meetings b give all notices which must be given under
these Bylaws or by statute c be custodian ofthe corporate records and seal and d in general
perform all ofthe duties incident to the office of Secretary and such other duties as from time to
time may be assigned to himher by the President or by the Board ofDirectors
H Treasurer The Treasurer shall in person or through any Assistant Treasurer or authorized
employee a Have charge and custody of all funds and securities ofthe Corporation b deposit
all corporate moneys in the name ofthe Corporation in such Banks as shall be selected by the
Board Of Directors and c in general perform all ofthe duties incident to the office ofTreasurer
BYLAWS 3
Approved January 21 2003
and such other duties as fjom time to time may be assigned to himlher by the President or by the
Board ofDirectors
I Assistant Secreta and Assistant Treasurer Any Assistant Secretary or Assistant Treasurer
when elected may act in the absence death inability or refusal to act of the Secretary or
Treasurer respectively In addition any Assistant Secretary or Treasurer shall perform such
duties as shall be assigned to himher fjom time to time by the Board of Directors or the
Secretary or Treasurer
J Executive Committee The President VicePresident Secretary and Treasurer shall
constitute the Executive Committee of the Corporation and shall be allowed to act on behalf of
the Board of Directors whenever action is required and it is not practicable for the Board of
Directors to call a meeting and act Any action of the Executive Committee shall require the
votes of three of the Executive Committee members Actions taken by the Executive Committee
shall be brought to the next Regular Meeting ofthe Board ofDirectors for ratification
K Audit Committee The President shall annually appoint an Audit Committee The Audit
Committee shall review the financial condition and financial transactions of the Corporation at the
end of each calendar year The Audit Committee shall include the Treasurer as chair and at least
two additional Delegates or Alternate Delegates fjom different Members The Audit Committee
shall report its findings to a Regular Meeting ofthe Board ofDirectors
K Evaluation Committee The President shall annually appoint an Evaluation Committee The
Evaluation Committee shall complete a performance review and evaluation of any employees of
the Corporation Employee reviews and evaluations shall normally be completed by December 1
and shall generally cover the previous 12 months The President shall serve as chair of the
Evaluation Committee and the committee shall include at least two additional Delegates or
Alternate Delegates fjom different Members The Evaluation Committee shall report its findings
to a Regular Meeting ofthe Board ofDirectors
L Other Committees The President with the approval ofthe Board ofDirectors may establish
other committees as may be appropriate to conduct the business of the Corporation The
President shall appoint the members of and the chair for any committee established under this
paragraph Committees shall consist of at least three Delegates or Alternate Delegates fjom
different Members Affiliate Members may serve on committees established under this paragraph
with full participation in discussion and other committee work however Affiliate Members shall
have no vote in the committee Committees established under this paragraph shall terminate in 12
months fjom the time offormation unless reestablished by the Board ofDirectors Committees
formed under this paragraph shall report to the Board of Directors at a Regular Meeting of the
Board ofDirectors
BYLAWS 4
Approved January 21 2003
v MEETINGS
A Reeular Meetines The Board of Directors shall generally meet monthly at a regularly
scheduled time and place as necessary to conduct the business of the Corporation The Board of
Directors may change the time and place of Regular Meetings or cancel a Regular Meeting as
necessary to meet the needs of the Directors and the Corporation The Directors shall be notified
in writing of the time and place of regular meetings Upon each Director being so notified no
further notice of regular meetings need be given unless the time and place thereof is changed
B Annual Meetine The Annual Meeting ofthe Board of Directors shall be the January Regular
Meeting ofthe Board of Directors
c Joint Ooeratine AereementAnnual Meetine The Regular Members who are signatory
members of the Joint Operating Agreement shall normally hold a Joint Operating Agreement
Annual Meeting in September The Board of Directors shall set the time and place for the Joint
Operating Agreement Annual Meeting and the President shall preside All business ofthe Joint
Operating Agreement Annual Meeting shall be conducted with the same procedures and manner
as other meetings of the Corporation except as required by the terms of the Joint Operating
Agreement The Directors of signatory members of the Board of Directors shall be notified in
writing of the time and place of the Joint Operating Agreement Upon each Director being so
notified no further notice of regular meetings need be given unless the time and place thereof is
changed
D Soecial MeetinesSpecial meetings ofthe Board of Directors may be called at any time by or
at the request of the President or any three Directors The President or Directors calling the
special meeting shall give notice of the purpose thereof to the Corporation The Secretary shall
then fix the date place and time of the meeting and give notice thereof and ofits purpose to all of
the Directors at least five days in advance ofthe meeting
E Quorum A majority of the Regular Members of the Corporation present in person or by
proxy shall constitute a quorum for the transaction of business at any meeting of the Board of
Directors
The vote of a majority of the Regular Members present in person or by proxy shall be necessary
for the adoption ofany matters unless a greater percentage is required by state law
F Infonnal Action Any action which must or might be taken at a meeting of the Board of
Directors or any committee thereof may be taken without a meeting if a consent in writing
setting forth the action so taken shall be signed by all of the Directors or committee members as
the case may be
BYLAWS 5
Approved January 212003
VI VOTING
A General Each Regular Member shall be entitled to one vote on each matter submitted to a
vote at a meeting ofthe Corporation
B Proxies Regular Members may vote in person or by proxy A proxy to be valid must be in
writing signed by the member and submitted to the Corporation prior to voting No proxy shall
be valid after thirteen months ftom the date of its execution unless otherwise provided in the
proxy
C Mail Voting At the discretion of the Board of Directors voting may be conducted by mail
In such case a written ballot shall be sent to each Regular Member at least twenty days in
advance of the date for canvass of the votes The written ballot shall contain and describe the
issues or persons to be voted upon and shall provide space for the Regular Member to vote for or
against the issue or for the candidates ofhis or her choice
Vll CORPORATION FUNDS
A Deoosits All funds ofthe Corporation other than a reasonable amount for petty cash shall be
deposited in the name of the Corporation in such banks or other depositories as the Board of
Directors shall select
B Checks All disbursements by the Corporation other than small amounts ftom petty cash shall
be by check drawn direct to the ultimate payees and signed by at least two Directors of the
Corporation
vm EMPLOYEES
A Emolovees The Board of Directors may employ or appoint such organizations and persons
as it deems appropriate and shall establish or approve salaries andor other charges for such
services Employees shall not be elected or appointed officials or employees of any regular
member entity and shall serve at the will of the Board of Directors The Regional Water
Association ofSouth King County is an at will employer
B Annual Review Annually the Board of Directors with the assistance of the Evaluation
Committee shall review the perfonnance and compensation of any employees ofthe Corporation
BYLAWS 6
Approved January 21 2003
MEMBERAGREEMENTS
A Member Agreements From time to time the Board ofDirectors may offer member
agreements to members for consideration and or participation Approval or participation in any
agreement so offered shall not be a condition of membership in the Corporation
B Joint Operating Agreement The South King County Regional Water Association Joint
Operating Agreement is a Member Agreement as defined in these Bylaws As such participation
in the Joint Operating Agreement is not a condition ofmembership in the Corporation
x AMENDMENTS
The Board of Directors may adopt new Bylaws or may alter amend or repeal these Bylaws at a
Regular Meeting or at a Spcial Meeting provided such meeting is held with proper notice as
required by these Bylaws or through the mail voting procedures ofthe Corporation
XII DUES AND CHARGES
Membership fees dues andor other charges the time for payment thereof and procedures in the
event ofdelinquency shall be as established ITom time to time by the Board ofDirectors
xn CONTRACTS LOANS AND CHECKS
A Contracts The Board ofDirectors may authorize any Officer or Officers agent or agents to
enter into any contract or execute and deliver any instrument in the name of and on behalf of the
Corporation and such authority may be general or confined to specific instances
A Loans No loans shall be contracted on behalf of the Corporation and no evidences of
indebtedness shall be issued in its name unless authorized by a resolution of the Board of
Directors or the Executive Committee if such authority is delegated it by the Board of Directors
Such authority when granted may be general or confined to specific instances
C Loans to Directors and Officers The Corporation shall make no loans to its Directors or
Officers Any director who votes for or assents to the making of a loan to a Director or Officer of
the Corporation and any Officer or Officers participating in the making of such loan shall be
jointly and severally liable to the Corporation for the amount ofsuch loan until repayment thereof
BYLAWS 7
Approved January 212003 172002
Xill SEAL
The Board of Directors shall provide for a corporate seal which shall have inscribed thereon the
name of the Corporation and the words State of Washington and Corporate Seal Until
changed by the Board ofDirectors the Corporations seal shall be that affixed to this page
ADOPTED this ZI day of 23SJ
DIRECTOR
L
DIRECTOR
DIRECTORo
DIRECTOR
DIRECTOR
BYLAWS 8
RESOLUTION NO 3374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON REPEALING RESOLUTION NO 3358 AND THE
AUTHORIZATION THEREFOR AND APPROVING THIS RESOLUTION
NO3374 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF KENT
WHEREAS Resolution No 3358 authorizing the execution of an
Emergency Water System Intertie Agreement was approved by the City Council
on June 18 2001 and
WHEREAS the Emergency Water SyStem Intertie Agreement attached as
Exhibit A to Resolution NO 3358 was a draft of the final Emergency Water
System Intertie Agreement agreed to by Auburn and Kent and
WHEREAS changes were made by both parties to the draft agreement
attached to Resolution No 3358 that were intended to be in the agreement
executed by both parties and
WHEREAS pursuant to RCW 35A11040 Auburn and Kent have legal
authority to exercise their powers and perform any of their functions as set forth
in RCW 3934 and
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Kent have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and the City of Kent currently have an
emergency water system intertie and
Resolution No 3374
071701
Page 1
WHEREAS the existing intertie station is going to be removed and
relocated as part of the South 277 Street Improvement project and
WHEREAS a temporary emergency water system intertie Will be
constructed and available for use during the South 277th Street Improvement
project and
WHEREAS an agreement outlining the design construction and
operation of the temporary and permanent emergency water system intertie is
needed
NOW THEREFORE THE COUNCIL OF THE CITYOF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Kent have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Emergency Water System Intertie Agreement which
was agreed to between the City and the City of Kent A copy of said Agreement
is attached hereto denominated as Exhibit A and made a part hereof as though
set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Resolution No 3374
071701
Page 2
DATED this day of 2001
CITY OF AUBURN
CHARLES A BOOTH
MAYOR
ATTEST
City Clerk
APPROVED AS TO FORM
Michael J Reynolds
City Attorney
Resolution No 3374
071701
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
PACXFX NIJ TXT AGPAGEtOF095xe232eoio9KXNGCOUNTYU
RECORDERS COVER SHEET
Document Titles or transactions contained therein
1 EMERGENCY WATER SYSTEM INTERTIE AGREEMENT E5 3 5
Reference Numbersof Documents assigned or released
rAdditionalreference s on page of document Lor
GrantorsLast name first then first name and initials
1 Auburn City of
Grantee Last name first
1 Kent City of
Legal Description abbreviated ielot block plat or section township range
NA Government Interlocal
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA Government Interlocal
Assessor Tax not yet assigned
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
KentAuburn Intertie Agreement No 1
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as Auburn and the City of Kent hereinafter referred to as Kent
for the purposes of planning designing constructing maintaining and operating an
emergency system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have water facilities in the vicinity and
WHEREAS both Cities can increase fire protection and emergency water supply
reliability for their customers and
WHEREAS the Cities are willing to provide the necessary services to increase
fire fighting and emergency supply reliability upon the terms and conditions set forth
herein
NOW
1
THEREFORE IT IS MUTUALLY AGREED as follows
The emergency water system intertie is intended to be operated manually
as a two way emergency supply between the Auburn and Kent Systems
The intertie facility shall be located near South 277th Street at the Water
Service Area Boundaries between the two cities An existing intertie
located at B Street NE and South 277th Street will be replaced with a
temporary metering station and eventually a permanent metering station
Final location and configuration of the facilities shall be determined at the
time of final design
The emergency water system intertie shall be operated only in the event
of an emergency For purposes of this agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical
equipment failure electrical equipment failure or Puget Sound Energy
facility failure or any other agreed upon emergency within the water
supply system
Auburn has acquired the right of way for the metering station and Kent will
design and administer the contract for the construction of the temporary
facilities within the right of way acquired by the City of Auburn The
permanent facilities will be constructed as part of the South 277th Street
Improvement Project All of the facilities will be designed and constructed
in accordance with reasonably accepted water utility standards for similar
municipal water utilities Auburn will own and maintain the piping interior
o
equipment emergency meter and interior appurtenances and all piping
up to the Kent side of the vault for both the temporary and permanent
metering stations
Upon completion of construction Auburn will transfer ownership of all
exterior appurtenances and all piping which is located on the Kent side of
the vault to Kent Kent will own and maintain the exterior appurtenances
and all piping on Kents side of the vault
Each City will each have unlimited access to the vault via a dual padlock
or ownership of keys to the vault
Each City will operate the respective normally locked valve inside of the
vault Auburn will solely unlock and operate the locked valve on Auburns
side of the meter and Kent will solely unlock and operate the locked valve
on Kentsside of the meter
The procedure for operating the intertie in the event of such emergency
shall be as follows
Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
the intertie be activated
The Public Works Director or appointed person or authorized
personnel shall provide a verbal request to the other Citys Public
Works Director or appointed person Upon agreement that an
emergency exists which shall allow for the intertie to be opened the
intertie will be activated as soon as reasonably possible Both
Cities personnel shall be present at the vault to open the valves to
activate the facility
The City requesting the activation shall provide a written
confirmation of the request not less than 24 hours after the verbal
request or on the first day of normal business after the verbal
request
The intertie shall remain activated until the City requesting
activation determines that the need for activation of the emergency
intertie has ceased and shall request in writing to close the intertie
Eo In case of emergency or whenever the public health safety or the
equitable distribution of water so demands the City supplying the
water may change reduce or limit the time for or temporarily
discontinue the supply of water without notice water service may
be temporarily interrupted limited for purposes of making repairs
10
extensions or doing other necessary work and the City supplying
the water shall not be responsible for any damage resulting from
interruption change or failure of the water supply and the City
receiving the water City requesting activation shall save and hold
harmless the City supplying the water from any loss damages or
suites to or by customers of the City receiving the water resulting
from interruption change or failure of water supply provided by this
Agreement except damages arising out of the City supplying the
wateFs negligence Prior to a planned interruption or limiting of
service the City supplying the water will notify the City receiving the
water of such not less than three days prior to the service
disruption The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will to the extent practical limit the service disruption to
daylight hours
Auburn shall read the meter upon activation and upon deactivation of the
intertie The city supplying the water shall verify the information and shall
then calculate and invoice the other City for the water used during the
request The invoice shall be calculated by the total water used during the
event The rate shall be at the current Auburn or Kent Wholesale Rate
depending on which city is supplying the water This shall be complete
payment for the water labor and administration of activating the intertie
The total project costs shall include costs for consulting design service
and construction These costs shall be paid for by the City of Kent The
project costs shall be reviewed and agreed upon by Public Work Directors
of both Cities at the beginning and end of each stage described above
Each City is responsible for associated staff administration and legal
costs associated with the implementation of the agreement
To the extent allowed by law the City of Kent shall defend indemnify and
hold harmless the City of Auburn its elected officials employees and
agents from and against any and all suits claims actions losses costs
expenses of litigation attorneys fees penalties and damages of
whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the City of Kent its employees agents and
contractors in the performance of the City of Kents obligations under the
Agreement and this Amendment This indemnification provision shall
include but is not limited to all claims against the City of Auburn by an
employee or former employee of the City of Kent or its contractors and as
to such claims the City of Kent expressly waives all immunity and
limitation of liability under Title 51 RCW
To the extent allowed by law the City of Auburn shall defend indemnify
and hold harmless the City of Kent its elected officials employees and
agents from and against any and all suits claims actions losses costs
expenses of litigation attorneys fees penalties and damages or
whatsoever kind or nature arising our of in connection with or incident to
an act or omission of the City of Auburn its employees agents and
contractors in the performance of the City of Auburnsobligations under
this Agreement This indemnification obligation shall include but is not
limited to all claims against the City of Kent by an employee or former
employee of the City of Auburn or its contractors and as to such claims
the City of Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW
11 This Agreement shall remain in force until terminated by either party
hereto upon 60days written notice to the other party Any project costs
incurred up to the date of such notice as described herein shall be
shared in accordance with the provisions of this Agreement
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
Mayor Date
City Attorney Date
CITY OF KENT
KingCunty W
Mayor Date
Approved as to form
ByCity Attorney Date
HWQWATERUTILITYIlNTERTIESKENKENTEIA FINALDOC
RESOLUTION NO 3 5 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVISED WATER SYSTEM INTERTIE AGREEMENT NO 3A
BETWEEN THE CITY OF AUBURN AND THE CITY OF ALGONA
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Algona have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and the City of Algona executed
Interlocal Agreement No 3 IA No 3 dated August 19 1996 and
WHEREAS information and exhibits in IA No 3 need to be updated to
reflect current status and
WHEREAS the Algona well and water right were not completely
conveyed by Algona to Auburn as intended under IA No 3 and
WHEREAS it is the desire of Algona and Auburn to finalize the IA No 3
agreement with respect to facilities constructed and agree on a method of
payment for constructed and proposed facilities
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Resolution No 3534
September 26 2002
Page 1
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Algona have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute a revised Water System Intertie Agreement No
3A between the City and the City of Algona A copy of said Agreement is
attached hereto denominated as Exhibit 1 and made a part hereof as though
set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Resolution No 3534
September 26 2002
Page 2
CITY OF AUBURN
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3534
September 26 2002
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
200303000705PACZFZCNUTZTAG5000PAGEeelOFe32011328838944KZNGCOUNTYhA
RECORDERSCOVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement
Reference Numbersof Documents assigned or released
IAdditional reference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
GranteeAssigneeBeneficiary Last name first
Algona City of
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
IAssessors Property Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
THIS AGREEMENT made and entered into by and between the City of Auburn hereinafter
referred to as Auburn and the City of Algona hereinafter referred to as Algona for the
purposes of modifying Interlocal Agreement 3 between Algona and Auburn and establishing a
payment schedule for the system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have executed Interlocal Agreement 3 IA3 for the Algona
Intertie Project dated August 19 1996 and
WHEREAS both Cities agreed that the following facilities were to be built and funded
in part or in whole by Algona as a part ofIA3
1 Five 5 Meter Stations
2 A Future Reservoir in Lakeland Hills
3 Wells 6 and 7 and
WHEREAS this agreement identifies one time capital facilities charges for the above
referenced projects that serve to increase the capacity of service to the City of Algona and
WHEREAS Algona agreed to deed over its primary Water Rightsinstantaneous flow
rate Qi of 500 gpm annual flow rate Qa of 175 acre feet per year well facilities and well
property protection zone easement to Auburn in exchange for Auburn providing a portion of the
Algona long term water supply and
WHEREAS the Cities agreed to terminate a number of preexisting agreements and
WHEREAS Algona agreed to implement a water conservation program consistent with
Auburns conservation program and
WHEREAS Algona agreed to maintain its 100000 gallons of system storage participate
in an additional 100000 gallons of storage in the Auburn system or provide for the storage
otherwise and
WHEREAS Algona granted Auburn permission to construct own operate maintain
repair and replace Auburn water facilities within Algona right of way at Auburn expense and
WHEREAS the Boeing Company Welded Duct Facility was transferred to Algona as
a direct service customer and the existing meter was converted to a master meter and
WHEREAS a 180000 gallon share of the IA3 proposed 17 million gallon Lakeland
Hills Reservoir was to be financed by Algona in accordance with the Algona January 1997 Water
System Plan and with Auburn storage criteria in accordance with the schedule contained in
Exhibit D of IA3 and
WHEREAS Auburn agreed to provide Algona up to 525000 gallons of average day
demand ADD and 1114000 gallons of maximum day demand MDD through 2014 and
WHEREAS the estimated project costs were shown in Exhibit D of IA3 and those
estimated costs were understated and
WHEREAS the Algona City well and associated water rights were not completely
conveyed by Algona to Auburn as intended under IA3 and
WHEREAS it is the desire of Algona and Auburn to finalize the IA3 agreement with
respect to facilities constructed and agree on a method ofpayment for constructed and proposed
facilities
NOW THEREFORE IT IS MUTUALLY AGREED as follows
In order to provide for the construction and operation of water supply facilities piping
and meters for a water supply intertie and reservoir capacity all between Auburn and Algona
the Participants mutually agree
1 Interlocal Agreement 3 IA3 for the Algona Intertie Project between the City of Algona and
the City of Auburn dated August 19 1996 and adopted by City of Auburn Resolution No 2770
is hereby superceded by this Agreement
2 Algona shall convey to Auburn Algonas City well and any and all associated water rights by
Bill of Sale included as Exhibit F The well location is depicted on Exhibit A In addition
Algona shall convey a Well Site Easement included as Exhibit G and Access Easement included
as Exhibit H for the aforementioned well All costs for said conveyances will be included within
the costs of projects planned under this Agreement In event of future well abandonment by
Auburn any and all related easements shall be vacated by Auburn and Algona and others shall
no longer be bound thereby
3 Algona shall have and implement a conservation program The conservation program shall
at a minimum be consistent with Auburns conservation program and include field testing for
leak detection repair of leaks and public information actions equal to Auburns public
information actions Algonas water conservation plan shall be included in the 2002 Algona
Water System Plan
4 So long as it continues to purchase wholesale water from Auburn Algona shall continue to
maintain and provide no less than the existing storage in its 100000 gallon reservoir in its
westerly service area Alternately Algona may elect to increase participation by 100000 gallons
within the future Auburn reservoir per Exhibit B herein or acquire storage otherwise such as
from Lakehaven Utility District and terminate the continued operation of the existing reservoir
in its westerly service area
5 Algona hereby grants Auburn the right to construct own operate maintain repair and
replace Auburns municipal water system including pipes fire hydrants valves meters and other
appurtenances located within Algona rightofway as shown on Exhibit A in perpetuity per the
terms and conditions herein
51 Auburn shall provide to Algona copies of available record drawings showing the
location of Auburns water system within Algona rightofway
52 Except for the normal operation of Auburns water system Auburn shall notify
Algona prior to any major waterline improvements or replacements which may
interfere with or disrupt any other utilities andor passage of traffic within Algona
Algona shall notify Auburn prior to any street or other utility improvement which
may interfere or disrupt Auburns water system
53 Auburn shall be responsible to pay for costs associated with improvements to
Auburns water system including necessary street patches In the event that Algona
constructs any street improvements on those rightsofway containing Auburns
water system Auburn shall be responsible to adjust all water system appurtenances
to finish grade including lowering or raising said pipelines at conflict with Algona
improvements
6 Algona agrees to financially participate in the supplemental supply development of a portion
ofAuburns Well 6 and Well 7 in accordance with Exhibit D
7 This Agreement shall include construction and operation of up to five individual master
meter stations Three master meter stations including the one currently serving the Boeing
Welded Duct Facility and two installed under IA3 are as shown on Exhibit A The remaining
two meter stations will be located and constructed at the discretion of Algona For adequate
water distribution to be obtained it may also be necessary for Algona to construct additional
piping and connections at its own expense
8 Algona agrees to transfer title to Auburn for any water lines between existing master meter
stations and the existing Auburn mains Any piping between future master meter stations and
Auburn mains will be similarly transferred by Algona to Auburn Title will be transferred with a
bill of sale and the water pipe will be regulated under Paragraphs 5 and 13 of this Agreement
9 This Agreement shall include future construction of a reservoir by Auburn within the
Lakeland Hills development area within Pierce County Washington The volume of the new
reservoir is presently estimated to be approximately 265 million gallons and this capacity is to
be shared with Algona Financial participation is to be based on a capacity percentage basis by
any and all municipalities sharing in the capacity whether the actual storage volume usage for
any such municipality is directly derived from the reservoir or not Algonascapacity shall be
180000 gallons exclusive of the provision of Paragraph 4 of this Agreement
10 Algona projects the need for supply source in the following quantities
Year Average Daily Demand mgd Maximum Daily Demand mgd
2004 0457 0945
2009 0491 1029
2014 0525 1114
11 Additional water supply may be available as mutually agreed to in writing by the Auburn City
Council and the Algona City Council
12 Respective facility ownership capacity rights and responsibility for operation maintenance
and renewal andor replacement rr are as specifically described in Exhibit B Operational
parameters shall be as specifically defined in Exhibit C
13 Distribution water pipelines within the city limits of a Participant shall be owned and the
responsibility of that Participant with the exception of Auburn facilities specifically identified on
Exhibit A and permitted by Paragraph 5
14 Retail customers whose property lies within the city limits of a Participant shall be the retail
customers ofthat Participant
15 For Auburn facilities within Algona as specifically identified on Exhibit A Algona hereby
grants a franchise to Auburn
16 Auburn shall design construct and maintain its facilities constructed under this Agreement in
accordance with the design standards described in the 2001 Auburn Comprehensive Water Plan
and the updates thereto
17 Both Participants shall exercise good faith and use best efforts in estimating project costs
However the foregoing notwithstanding each Participant shall be responsible for and shall pay
for one hundred percent 100 of its actual proportionate share of the project costs regardless
of the estimate The project costs are estimated as shown in Exhibit D The Participants shall
maintain individual cost records of their expenses for the project Auburn will maintain overall
coordinated project cost records Algona has the right to review the design of each project in
Exhibit D prior to the project being bid Auburn shall allow sufficient time in the project
schedule for this review Should potential cost savings to the design be identified that are not in
conflict with accepted industry design standards Algona and Auburn shall work in good faith
and cooperatively to incorporate the potential cost savings into the final design
18 The Participants shall fully finance and pay for their proportionate share of cost as shown in
Exhibit D Algona shall deposit funds with Auburn to perform the project work for the proposed
facilities in accordance with the schedule shown in Exhibit E As future actual costs of projects
in Exhibit D are determined Auburn will notify Algona of such updates and the authorized
representatives will execute an update to Exhibit D which will supercede all prior dated versions
of Exhibit D
19 Auburn has prepared a cost of service study to determine the cost of service to its customers
A customer classification for wholesaleAlgona has been created and rates for service charges
are based on a rate study for this customer classification Auburn will regularly update the cost
of service analysis Wholesale water rates to Algona will be based on costs of providing the
service
20 For purposes of this Agreement each Participant identifies its authorized representative as
the Mayor of Algona and as the City Engineer of Auburn
21 The Participants shall meet as needed for project coordination
22 The Participants shall be responsible for design construction management and
commissioning of all facilities to be constructed in accordance with ownership of the facility
Responsibilities may be assigned otherwise by agreement of the Participants authorized
representatives
23 It is acknowledged and agreed that in the event Auburn experiences any system failure or
decreased capacity for any reason the supply to Algona may be curtailed to an equal percentage
ofuse as Auburns curtailment is implemented Such curtailment shall be imposed by Algona on
Algona retail customers immediately and simultaneously as such curtailment is imposed by
Auburn on Auburn retail customers
24 It is the intent of Auburn to provide the water described in Paragraph 10 whenever it is
available subject to the limitations described in Paragraph 23 Auburn shall use reasonable
diligence and best efforts to provide immediate notice in the event it becomes aware that it may
not be able to fulfill the requirements ofParagraph 10 for any reason
25 Aubum possesses the shortterm approximately five 5 years capacity to meet the storage
requirements for Algona Longterm storage requirements for Algona shall be met by Algona
financial participation within the next increment of storage to be constructed by Auburn
Algonas minimum financial participation shall provide for construction of storage volume
capacity of 180000 gallons inclusive of standby equalization and fire protection volume
storage Such 180000 gallon capacity is in addition to Algonas existing 100000 gallon
reservoir storage in its westerly service area
26 Algonaswater supply needs above the 0525 mgd average daily demand and the 1114 mgd
maximum daily demand both identified in Paragraph 10 will be dependent upon negotiation of
an amendment to this Agreement
27 This Agreement shall remain in full force unless terminated by mutual agreement of the
Participants
28 This Agreement may be amended only in writing by approval signed by the Participants
29 The authorized representatives shall have authority to update Exhibits attached hereto The
Exhibits shall be updated andor revised only upon written agreement signed by the Participants
authorized representatives Updates must be ratified by each ParticipantsCity Council
30 Algona agrees to indemnify defend and hold harmless Auburn its officers directors
employees and agents and their successors and assigns from any and all costs or claims arising
out of or in any way resulting from Algonas default failure of performance or negligent
conduct associated with this Agreement It is further agreed that Auburn shall provide water to
Algona consistent with its provision of water to all of its retail water customers and the failure of
the Auburn water system to deliver flow to Algona in whole or in part as described in this
Agreement so long as Auburn is providing water to Algona consistent with its provision of water
to the rest of its retail water customers and consistent herewith shall not give rise to an action
against Auburn and Algona agrees to indemnify defend and hold harmless Auburn its officers
directors employees and agents and their successors and assigns from any and all costs or
claims arising out of or in any way resulting from any such failure of the Auburn water system to
deliver flow to Algona in whole or in part This indemnification provision shall include but is
not limited to all claims against Auburn by an employee or former employee of Algona or their
contractors and as to such claims Algona expressly waives all immunity and limitation of
liability under Title 51 RCW
Auburn agrees to indemnify defend and hold harmless Algona their officers directors
employees and agents and their successors and assigns from any and all costs or claims arising
out of or in any way resulting from Aubums default or negligent conduct associated with this
Agreement This indemnification provision shall include but is not limited to all claims against
Algona by an employee or former employee of Auburn or its contractors and as to such claims
Auburn expressly waives all immunity and limitation ofliability under Title 51 RCW
31 The parties shall make good faith efforts to resolve by informal discussion any dispute arising
under or in connection with this Agreement If at any time either party to this Agreement
determines that such informal discussions will not result in a resolution ofthe dispute such party
may request formal discussion by both parties If formal discussion by the parties does not
resolve the dispute a settlement conference shall be held within thirty 30 days of the
unsuccessful resolution meeting The settlement conference will be held at the Seattle office of
Judicial Arbitration and Mediation Services Inc JAMS The complaining party must contact
JAMS to schedule the conference The parties may agree on a retired judge from the JAMS
panel If they are unable to agree JAMS will provide a list of three available judges and each
party may strike one The remaining judge will serve as the mediator at the settlement
conference
32 If any provision of this Agreement is invalid or unenforceable the remaining provisions shall
remain in force and effect
IN WITNESS WHEREOF the Participants hereto have caused this Agreement to be
executed by their proper Officers on the date shown below
City ofBy
Its Mayor
Attest by
Approved as to Form
City of Algona
102102
By
Its
Date
Attest by v
Approved as to Form by s
NORMALLY CLO
10th
8 MET
10th AVE
3TING
I00000RESERV
6th
AVE N
EMERGENCY INTERTIi
CONSTRUCTED JULY
4 METER
WELL
ib AND
AUBURN
ELLINGSON
D Jl EXISTJNG METER
FUTURE METER
VE AUBURN CITY LIMITS
QUADRANT WATE ALGON
ALGONA WATE
1ST
RESERVOIR
PIERCE OU
EXHIBIT A FACILITIES LAYOUT PLAN
IA 3A
ALGONA INTERTIE PROgECT SCALE 1800
Update Approval
1 Auburn
Algona
2 Auburn
Algona
3 Auburn
Algona
Exhibit A
Facilities Layout Plan
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
continued
Dated
Dated
Dated
Dated
Dated
Dated
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance and
Renewal and Replacement Responsibilities
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Operation
Facility Location Facility Capacity Maintenance
Ownership Rights RenewalReplacement
Responsibility
Meter Station 1 200 easterly of the Auburn 100 Algona Auburn
existing for Boeing Intersection of 1st
Avenue Noah and
Perimeter Road
Meter Station 2 Intersection of Auburn 100 Algona Auburn
existing Milwaukee Avenue and
Boundary Boulevard
Meter Station 3 Intersection ofIndustry Auburn 100 Algona Auburn
existing Drive North and
Boundary Boulevard
Meter Station 4 Presently unknown but Auburn 100 Algona Auburn
future probably near
intersection ofWest
Valley Highway and
Boundary Boulevard
extended
Meter Station 5 Presently unknown but Auburn 100 Algona Auburn
future probably near
intersection of UP RR
and 1 st Avenue Noah
Algona Well I50 northwesterly Auburn 100 Auburn
existing of intersection of Auburn
Washington Boulevard
and 3rd Ave South
Lakeland Hills Lakeland Hills Pierce Auburn 180000 Auburn
Reservoir future County gallons
Algona
remainder
Auburn
Supply Qi Well 6 Fulmer Field Auburn 1114000 Auburn
existing Well 7 City Park gpd Algona
supplemental remainder
water rights Auburn
9
Exhibit B
Facility Ownership Capacity Rights Operation Maintenance and
Renewal and Replacement Responsibilities
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
continued
Update Approval
1 Auburn
Algona
2 Auburn
Algona
Dated
Dated
Dated
Dated
lO
Exhibit C
Project Criteria
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Project Criteria
Meter Stations to be sized on flow volume criteria as opposed to line size
Maximum Qi daily demand flow is 1114 million gallons per day for total ofall
meter stations supply to Algona except in case of fire or emergency
Maximum annual Qa average daily demand flow is 0525 million gallons per day for
total of all meter stations supply to Algona
Each meter station shall be calibrated annually for the first three years of operations
and thereafter at the discretion of Auburn
Reservoir capacity for Algona is 180000 gallons of the estimated 265 mg total
capacity in the proposed Lakeland Hills Reservoir
Total of all meter stations supply to Algona necessary for peak hourly flow and fire
flow shall be determined by Algona and such data provided to Auburn for meter
station design andor station design review
Update Approval
1 Auburn Dated
Algona Dated
2 Auburn Dated
Algona Dated
11
Exhibit D
Project Cost Estimate
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Incurred Costs
IA3 To Date
Description Estimated Cost Expenditures to Date Auburn Algona
METER STATIONS includes allied
costs
2inch@ Boeing NA NA NA NA
8inch@ Industry Drive 25740 76723 31757 44966
8inch@ Milwaukee 25740 76723 31757 44966
8inchFuture 28600 NA 0 100
8inchFuture 31460 NA 0 100
Subtotal Meter Stations 111540 153446 63514 89932
SUPPLY FACILITIES
Well 6 1057507 990514 66993
Well 7 2387050 2235829 151221
Subtotal Supply Facilities 1787500 3444557 3226343 218214
PRELIMINARY COSTS
Algona WellWaterRights 5000 5000 5000 0
Conveyance
Algona Water Rights NA NA 30000 30000
Well Easements 2000 2000 2000 0
SKCRWA JOA Development 5800 5800 0 5800
COSRateStudy 1627 1627 0 1627
Subtotal Preliminary Costs 14427 14427 37000 22573
COSTS TO DATE NA 3612430 3326857 285573
PAYMENTS TO DATE NA NA 3326857 8530O
BALANCE OWING NA NA 0 200273
STORAGE FACILITIES
Lakeland Hills Res 2700000 NA 2520000 180000
Subtotal Storage Facilities 2700000 NA 2520000 180000
Estimated Total PROJECT COST 4613467 6312430 5846857 465573
Update Approval
1 Auburn Dated
Algona Dated
2 Auburn Dated
Algona Dated
12
Activity
Exhibit E Project Schedule
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Date
Execute Interlocal Agreement 3
Complete master meter stations design for initial two stations
Algona to provide well water rights and easements conveyance
to Auburn
Award master meter stations construction contract
Complete construction of master meter stations 42 and 3
Final master meter stations and conveyance project
cost accounting
Interim payment of 85300 from Algona
Final Auburn Wells 6 and 7 cost accounting
Execute Inteflocal Agreement 3A
Future construction ofmaster meter stations 4 and 5
Algona to provide 200273 to Auburn
for partial payment ofcost incurred to date
Algona to provide 180000 to Auburn
for partial payment for future Reservoir
Final project cost accounting
Final IA 3A balancing payment from Algona
Completed
Completed
November 2002
Completed
Completed
Completed
Completed
Completed
November 2002
To be determined
31 March 2003
Due at Construction
Contract Award
31 March 2008
30 April 2008
13
Exhibit E Project Schedule
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
Update Approval
1 Auburn
Algona
2 Auburn
Algona
Dated
Dated
Dated
Dated
14
Exhibit F Bill ofSale for Algonas Well
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaAuburn Intertie Agreement No 3A
follows
eturn Address
City of Auburn
City Clerk
25 West Main
Auburn WA 98001
Above this line reserved for recording information
Reference if applicable
GrantorBorrower
BILL OF SALE
NA
1 City of Algona
GranteeAssigneeBeneficiary
Legal DescriptionSTR
AssessorsTax Parcel IDg
City of Auburn
NW SW14252I4E
9543000570
Additional on page
2
Additional on page
Additional on page
KNOW ALL MEN BY THESEPRESENTS that for and in consideration of the sum of
ONE DOLLAR100 and for the consideration ofincorporating the facilities into the City
system and other good and sufficient consideration receipt whereof is hereby acknowledged the
undersigned Grantor City of Algona a Municipal Corporation in King County Washington do
by these presents hereby convey setover assign transfer and warrant to the City of Auburn a
Municipal Corporation in King County Washington a well and waterworks supplying water for
public use the associated ground water right EXHIBIT A Certificate Number GI22769C
and all appurtenances or any other associated public facility generally consisting of a ten 10
inch casing to approximately 65 feet beow ground surface Situated within the following
described real property
See EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF
and the said Grantors hereby warrants that they are the sole owners ofall the property above
conveYed that they have full power to convey the same and that they will defend the title ofthe
said Grantee against any and all persons lawfully making claim thereto and indemnify the City
of Auburn for any costs including Attorney fees in defending tide
Bill ofSale
Page I of 2
day of
IN WITNESS wHEREOF the Grantors hashave executed these presents this
2002
City ofAlgona GRANTOR
GLENN WILSON MAYOR
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 heshesigned
this instrument on oath stated that heshewas authorized to execute the instrument and
acknowledged it as the of
a Municipal Corporation 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
File 41
REF HFORMSFC089R 401
Bill ofSale
Page 2 of 2
trde Street AI kashJnton 98002
ricilto
t d iii tlriilirdbr Ih pnrltlllof1alld IIw idridtl to IJr
o id
PUBLIC WATEREE APPROPRIATED
Iv contJnuousZ
LOCAIION OF DIVERSIONWITHDRAWAL
400 feet east and 1200 feet south froe st qrtercornerof Sec 25
RECORDED PLATED pROPERT7
Aea serred by it of lgo
7to right to the use ofthe tervforeid herein confirmed i tetrictetotheland orpce
deabraept pmldedbt RC 900090090and 904020
041
Given under thy iand attd thenlothorce at IashhioflthB
o 0g I
Departmen of Ecology
t h o E
IOBBRTKIlcalllRegional lqanagor
FOIl COUNTY USE ONLY
ilArl Iii AiiIaRI4
DEPARTIETOF ECOLOGY
PROOF OF APPROPRIATION OF WATER
sr7LrStreet Aror A qPr
LEGAL DESCRIPTIOH OF PROPERTT OH WHICH WTER
e3te ZOC LOt
PBLa Vol lO e 16 tntot or
tcr ieL rJty cr Aleom 1ashJrtor
CescripUonofC ty UnJts Al hnt U oFFecti F3 25 26 a 35
nFZ3G at therthgcner oF eouthmomrterorctlon 23T
nnorth
tnrcCJonvRhtehyn or therht7oRhtet
heeaer
3y Jd easterlyre tn or 6bAnm Sauth to anLnLeraectlm wRh
thood
Exhibit G Well Site Easement
to
WATER SYSTEM INTERTIE AGREEMENT
AlgonaJAuburn Intertie Agreement No 3A
follows
16
ReturrAddress
City ofAuburn
City Clerk
25 WestMain
Auburn WA 98001
Above this line reserved for recording information
EASEMENT
Well Site Easement
Reference if applicable
GrantorBorrower
GranteeAssigneeBeneficiary
Legal DescriptionSTR
AssessorsTax Parcel IDS
NA
City ofAlgona
City of Auburn
NW SWI425214E
9543000570
Additional on page
2
Additional on page
Additional on page
For and in consideration of the sum of one dollar 100and other good and valuable
consideration in handpaid receipt of which is hereby acknowledged and for benefits to be
derived by the Grantor herein Grantor City of Algona a municipal corporation of King County
Washington hereby conveys and warrants to the City ofAuburn Grantee herein a municipal
corporation of King County Washington its successors and assigns a perpetual Nonexcusive
Easement under over through and across the following described real property for the purpose
of operating maintaining installing and decommissioning a well and waterworks supplying
water for public use AND APPURTENANCES THEREOF said real property being described as
follows
SEE EXHIBITS A AND B ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
This easement is given under the threat of and in lieu of Eminent Domain
Said Grantee shall have the absolute right at times as may be necessary for immediate entry
upon said Easement for the purpose of maintenance inspection construction repair
reconstruction or decommissioning of the above improvements without incurring any legal
obligation or liability therefore
Said Grantee shall have the absolute fight to place any type of driving surface within said
Easement deemed necessary by the Grantee
EASEMENT
Page I of4
Said Grantor shall not in any way block restrict or impede access and egress to or from said
Easement andor in any way block restrict or impede full use of the real property within the
abovedescribed Easement by said Grantee for the abovedescribed purposes Said Grantor may
fence across said Easement andor along the boundaries of said Easement provided that a gate is
constructed in said fence Said gate shall be of sufficient length and location to allow the Grantee
full use of and access and egress to and from the real property within the abovedescribed
Easement If said gate is to be locked keys shall be provided to the Grantee
This Easement shall be a covenant running with the abovedescribed real property and burden
said real estate and shall be binding on the successors heirs and assigns of all parties hereto
Dated this day of 2002
City ofAlgona GRANTOR
GLENN WILSON MAYOR
STATE OF WASHINGTON
County ofKing
I certify that I know or have satisfactory evidence that
and
isarethe personswho appeared before me and said individuals acknowledged that
heshethey signed this instrument and acknowledged it to be hishertheir free and voluntary act
for the uses and purposes mentioned in this instrument
Dated
Notary Public in and for the state ofWashington
residing at
My appointment expires
REF HFORMSkFC087498
EASEMENT
Page 2 of4
EXHIBIT A
ALGONA WATER WELL EASEMENT
3RD AVENUE SOUTH AND WASHINGTON BOULEVARD
THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND
29 AND 30 ALL IN BLOCK 4 OF WOODS ALGONA ADDITION DIVISION NUMBER
1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS PAGE 36
RECORDS OF KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 30 THENCE
NORTH013115 EAST ALONG THE WEST BOUNDARY OF SAID LOT 30 A
DISTANCE OF 1312 FEET THENCE SOUTH 882845 EAST 4952 FEET TO THE
TRUE POINT OF BEGINNING THENCE NORTH 013115 EAST 10000 FEET
THENCE SOUTH 882845 EAST 10000 FEET THENCE SOUTH 013115 wEST
8000FEET THENCE SOUTH 882845 EAST 117 FEET MORE OR LESS TO THE
WEST MARGIN OF WASHINGTON BOULEVARD THENCE SOUTHERLY 2000
FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON
BOULEVARD TO A POINT WHICH BEARS SOUTH 882845 EAST FROM SAID
TRUE POINT OF BEGINNING THENCE NORTH 882845 WEST 217 FEET MORE
OR LESS TO SAID TRUE POINT OF BEGINNING
SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 25 TOWNSHIP 21 NORTH RANGE 4 EAST W M
EASEMENT
Page 3 of4
EXHIBIT B
EASEMENT
Page 4 of 4
Exhibit H Access Easement
to
WATER SYSTEM INTERTIE AGREEMENT
AigonaJAuburn Intertie Agreement No 3A
follows
17
Reiurn Address
City ofAuburn
City Clerk
25 West Main
Auburn WA 98001
Above this line reserved for recordin information
EASEMENT
Access Easement
Reference if applicable
GrantorBorrower
GranteeAssigneeBeneficiary
Legal DescriptionSTR
AssessorsTax Parcel IIg
NA
lCity ofAlgona
City ofAuburn
NW SW1425214E
9543000570
Additional on page
2
Additional on page
Additional on page
For and in consideration of the sum of one dollar 100and other good and valuable
consideration in hand paid receipt of which is hereby acknowledged and for benefits to be
derived by the Grantor herein Grantor City of Algona a municipal corporation of King County
Washington hereby conveys and warrants to the City of Auburn Grantee herein a municipal
corporation ofKing County Washington its successors and assigns a perpetual Nonexclusive
Easement under over through and across the following described real property for the purpose
ofingress and egress said real property being described as follows
sEE EXHI3ITS A AND B ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF
This easement is given under the threat of and in lieu ofEminent Domain
Said Grantee shall have the absolute right at times as may be necessary for immediate entry
upon said Easement for the purpose of maintenance inspection construcuon repair or
reconstruction of the above improvements without incurring any legal obligation or liability
therefore
Said Grantee shall have the absolute right to place any type of driving surface within said
Easement deemed necessary by the Grantee
Said Grantor shall not in any way block restrict or impede access and egress tO or from said
Easement andor in any way block restrict or impede full use ofthe real property within the
EASEMENT
Page 1 of4
abovedescribed Easement by said Grantee for the abOvedescribed purposes Said Grantor may
fence across said Easement andor along the boundaries of said Easement provided that a gate is
constructed in said fence Said gate shall be of sufficient length and location to allow the Grantee
full use of and access and egress to and from the real property within the abovedescribed
Easement If said gate is to be locked keys shall be provided to the Grantee
This Easement shall be a covenant running with the abovedescribed real property and burden
said real estate and shall be binding on the successors heirs and assigns of all parties hereto
Dated this day of 2002
City ofAlgona GRANTOR
GLENN WILSON MAYOR
STATE OF WASHINGTON
County of King
I certify that I know or have satisfactory evidence that
and
isarethe personswho appeared before me and said individuals acknowledged that
heshethey signed this instrument and acknowledged it to behishertheir free and voluntary act
for the uses and purposes mentioned in this instrument
Dated
Notary Public in and for the State ofWashington
residing at
My appointment expires
REF HkFORMSFC087498
EASEMENT
Page 2 of4
EXHIBIT A
ALGONA WATER WELL EASEMENT
3RD AVENUE SOUTH AND WASHINGTON BOULEVARD
THAT PORTION OF LOTS 23 AND 24 AND 25 AND 26 AND 27 AND 28 AND
29 AND 30 ALL IN BLOCK 4 OF WOODS ALGONA ADDITION DIVISION NUMBER
1 TO THE CITY OF SEATTLE AS RECORDED IN VOLUME 19 OF PLATS PAGE 36
RECORDS OF KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OFSAID LOT 30 THENCE
NORTH 01 31 15 EAST ALONG THE WEST BOUNDARY OF SAID LOT 30 A
DISTANCE OF 1312 FEET THENCE SOUTH 882845 EAST 4952 FEET TO THE
TRUE POINT OF BEGINNING THENCE NORTH 0131 15 EAST 10000 FEET
THENCE SOUTH 882845 EAST 10000 FEET THENCE SOUTH 013115WEST
8000 FEET THENCE SOUTH 8802845 EAST 117 FEET MORE OR LESS TO THE
WEST MARGIN OF WASHINGTON BOULEVARD THENCE SOUTHERLY 2000
FEET MORE OR LESS ALONG SAID WEST MARGIN OF WASHINGTON
BOULEVARD TO A POINT wHICH BEARS SOUTH 882845 EAST FROM SAID
TRUE POINT OF BEGINNING THENCE NORTH 882845 WEST 217 FEET MORE
OR LESS TO SAID TRUE POINT OF BEGINNING
SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 25 TOWNSHIP 21 NORTH RANGE 4 EAST W M
EASEMENT
Page 3 of4
EXHIBIT B
EASEME1WF
Page 4 of4
RESOLUTION NO 3 4 3 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURNWASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTO
EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENTBETWEENTHECITYOFAUBURNANDTHECITYOFBONNEYLAKE
WHEREAS pursuant to RCW 35A11040 Auburn and Bonney Lake
have legal authority to exercise their powers and perform any of their functions
as set forth in RCW 3934 and
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Bonney Lake have legal authority to cooperate with other localities
on the basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and the City of Bonney Lake currently
have water facilities in the vicinity and
WHEREAS both cities can increase fire protection and emergency water
supply reliability for their customers and
WHEREAS both cities are willing to provide the necessary services to
increase fire fighting and emergency supply reliability upon the terms and
conditions set for in the Emergency Water System Intertie Agreement
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Resolutior No 3434
February 27 2002
Page I
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Aubum and Bonney Lake have legal authority to cooperate with other localities
on the basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn ara
herewith authorized to execute an Emergency Water System Intertie
Agreement between the City and the City of Bonney Lake A copy of said
Agreement is attached hereto denominated as Exhibit A and made a part
hereof as though set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Resolution No 3434
February 27 2002
Page 2
DATED thisday of
ATTEST
2002
CITY OF AUBURN
PETER B LEWIS
MAYOR
Datielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3434
February 27 2002
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
RECORDERSCOVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement Emergency Water System Intertie Agreement
Reference Numbers of Documents assigned or releasedIAdditionalreferencesonpageofdocument
O
GrantorsBorrowers Last name first then first name and initialsEAuburnCityof
GranteeAssigneeBeneficiary Last
Bonney Lake City of
name first
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
Assessor Tax not yet assigned
EXHIBIT A
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
Bonney LakeAuburn Intertie Agreement No 3
THIS AGREEMENT made and entered into by and between the City of AuburnhereinafterreferredtoasAuburnandtheCityofBonneyLakehereinafterreferredto
as Bonney Lake for the purposes of planning designing constructing maintaining andoperatinganemergencysystemintertiebetweentherespectiveparties
WITNESSETH
WHEREAS both Cities have water facilities in the vicinity and
WHEREAS both Cities can increase fire protection and emergency water supplyreliabilityfortheircustomersand
WHEREAS the Cities are willing to provide the necessary services to increasefirefightingandemergencysupplyreliabilityuponthetermsandconditionssetforthherein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
The emergency water system intertie is designed to be operated manuallyasatwowayemergencysupplybetweentheAuburnandBonneyLakeSystemsThefacilityshallbelocatedinEvergreenWaySEattheWaterServiceAreaBoundariesbetweenthetwocitiesFinallocationandconfigurationofthefacilitiesshallbedeterminedatthetimeoffinaldesignInitiallytheIntertieisassumedtobeaonewaysupplyfromBonneyLaketoAuburn
The emergency water system intertie shall be operated only in the eventofanemergencyForpurposesofthisagreementanemergencyshallbedefinedasresultingfromawatershortageamajorwaterlinebreakfiredemandcontaminationtothewatersupplysystemmechanicalequipmentfailureelectricalequipmentfailureorPugetSoundEnergyfacilityfailureoranyotheragreeduponemergencywithinthewatersupplysystem
Aubum will design and administer the contract for the construction of themeteringstationThefacilitywillbedesignedandconstructedinaccordancewithreasonablyacceptedwaterutilitystandardsforsimilarmunicipalwaterutilitiesAuburnwillownandmaintainthepipinginteriorequipmentemergencymeterandinteriorappurtenancesandallpipinguptotheBonneyLakesideofthevaultforthemeteringstation
Exhibit A
Resolution No 3434
Upon completion of construction Auburn will transfer ownership of all
exterior appurtenances and all piping which is located on the BonneyLakesideofthevaulttoBonneyLakeBonneyLakewillownand
maintain the exterior appurtenances and all piping on Bonney Lakes sideofthevault
Each City will each have unlimited access to the vault via a dual padlockorownershipofkeystothevault
Each City will operate the respective normally locked valve inside of the
vault Auburn will solely unlock and operate the locked valve on AuburnssideofthemeterandBonneyLakewillsolelyunlockandoperatethelockedvalveonBonneyLakessideofthemeter
The procedure for operating the intertie in the event of such emergencyshallbeasfollows
Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
the intertie be activated
Bo The Public Works Director or appointed person or authorized
personnel shall provide a verbal request to the other Citys PublicWorksDirectororappointedpersonUponagreementthatan
emergency exists which shall allow for the intertie to be opened the
intertie will be activated as soon as reasonably possible Both
Cities personnel shall be present at the vault to open the valves to
activate the facility
The City requesting the activation shall provide a writtenconfirmationoftherequestnotlessthan24hoursaftertheverbal
request or on the first day of normal business after the verbalrequest
The intertie shall remain activated until the City requestingactivationdeterminesthattheneedforactivationoftheemergencyintertiehasceasedandshallrequestinwritingtoclosetheintertie
In case of emergency or whenever the public health safety or theequitabledistributionofwatersodemandstheCitysupplyingthewatermaychangereduceorlimitthetimeforortemporarilydiscontinuethesupplyofwaterwithoutnoticewaterservicemaybetemporarilyinterruptedlimitedforpurposesofmakingrepairsextensionsordoingothernecessaryworkandtheCitysupplyingthewatershallnotberesponsibleforanydamageresultingfrominterruptionchangeorfailureofthewatersupplyandtheCity
10
receiving the water City requesting activation shall save and hold
harmless the City supplying the water from any loss damages or
suites to or by customers of the City receiving the water resultingfrominterruptionchangeorfailureofwatersupplyprovidedbythisAgreementexceptdamagesarisingoutoftheCitysupplyingthe
waters negligence Prior to a planned interruption or limiting of
service the City supplying the water will notify the City receiving the
water of such not less than three days prior to the service
disruption The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will to the extent practical limit the service disruption to
daylight hours
Auburn shall read the meter upon activation and upon deactivation of the
intertie The city supplying the water shall verify the information and shall
then calculate and invoice the other city for the water used during the
request The invoice shall be calculated by the total water used during the
event The rate shall be at the current Auburn Wholesale Rate or the
lowest Bonney Lake retail rate depending on which city is supplying the
water This shall be complete payment for the water labor and
administration of activating the intertie
The total project costs shall include costs for consulting design serviceandconstructionAuburnshallbearthetotalprojectcostsuntiland
unless it can be demonstrated that Bonney Lake can benefit from the
intertie At such time the parties agree to negotiate the fair share of thetotalactualprojectcoststhatcorrespondtothebenefitBonneyLakecould
receive Bonney Lake agrees to pay such fair share of the total projectcostsuponbillingforsamebyAuburnBonneyLakewillhavetherightto
build an intertie from Auburn to Bonney Lake at another location BonneyLakewillbearthecostofbuildingaseparateintertieEachCityisresponsibleforassociatedstaffadministrationandlegalcostsassociatedwiththeimplementationoftheagreement
To the extent allowed by law the City of Bonney Lake shall defendindemnifyandholdharmlesstheCityofAuburnitselectedofficialsemployeesandagentsfromandagainstanyandallsuitsclaimsactionslossescostsexpensesoflitigationattorneysfeespenaltiesanddamagesofwhatsoeverkindornaturearisingoutoforinconnectionwith
or incident to an act or omission of the City of Bonney Lake itsemployeesagentsandcontractorsintheperformanceoftheCityofBonneyLakesobligationsundertheAgreementandthisAmendmentThisindemnificationprovisionshallincludebutisnotlimitedtoallclaimsagainsttheCityofAuburnbyanemployeeorformeremployeeoftheCityofBonneyLakeoritscontractorsandastosuchclaimstheCityof
Bonney Lake expressly waives all immunity and limitation of liability underTitle51RCW
To the extent allowed by law the City of Auburn shall defend indemnifyandholdharmlesstheCityofBonneyLakeitselectedofficialsemployeesandagentsfromandagainstanyandallsuitsclaimsactionslossescostsexpensesoflitigationattorneysfeespenaltiesanddamagesorwhatsoeverkindornaturearisingourofinconnectionwithorincidenttoanactoromissionoftheCityofAuburnitsemployeesagentsandcontractorsintheperformanceoftheCityofAuburnsobligationsunderthisAgreementThisindemnificationobligationshallincludebutisnotlimitedtoallclaimsagainsttheCityofBonneyLakebyanemployeeorformeremployeeoftheCityofAuburnoritscontractorsandastosuchclaimstheCityofAuburnexpresslywaivesallimmunityandlimitationofliabilityunderTitle51RCW
11 This Agreement shall remain in force until terminated by either partyheretoupon60dayswrittennoticetotheotherpartyAnyprojectcostsincurreduptothedateofsuchnoticeasdescribedhereinshallbesharedinaccordancewiththeprovisionsofthisAgreement
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
vlayor Date
Approved as tozm
iy tAttory
CITY OF B3rlLAKEPiercedByyMayorzLte
ity Attorry Date
ORDINANCE NO 5 5 9 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURNWASHINGTONAUTHORIZINGTHEMAYORANDCITYCLERKTOEXECUTEAFRANCHISEAGREEMENTBETWEENTHECITYOFBONNEYLAKEANDTHECITYOFAUBURNALLOWINGTHECITYOFBONNEYLAKETOCONNECTINSTALLOPERATEMAINTAINANDREPAIRAWATERSYSTEMFACILITIESANDAPPURTENANCESINOVERALONGACROSSANDUNDERTHEFRANCHISEAREAFORTHEPURPOSEOFPROVIDINGWATERSERVICE
WHEREAS the City of Auburn and the City of Bonney Lake have
entered into a Settlement Agreement executed March 5 1998 pursuant to
Resolution 2925 adopted March 2 1998 related to water service to the
Lakeland Hills South development in which according to Section 3 Auburn
recognizes and agrees to Bonney Lakes exclusive right to serve with water all
portions of Bonney Lakeswater service area as designated by the 1995 Pierce
County Coordinated Water System Plan and
WHEREAS the City of Auburn and the City of Bonney Lake have entered into a
Service Area Agreement executed December 10 1998 pursuant to Resolution
3018 adopted December 7 1998 which revised the boundary between their
respective water service areas and
WHEREAS the City of Auburn has annexed portions of the City of
Bonney Lakeswater service area and
Ordinance No 5592
April 9 2002
Page 1 of 4
WHERIAS according to Section 7 of said Settlement Agreement the
City of Auburn guaranteed the City of Bonney Lake the right to transport water
through Auburnscorporate boundaries within Pierce County and
WHEREAS Section 7 of said Settlement Agreement states that the
guarantee to transport water shall be effectuated by the execution of
easements agreements franchises licenses or other documents as are
appropriate and
WHEREAS the City of Bonney Lake desires to connect install operate
maintain and repair a water system facilities and appurtenances in over
along across and under the franchise area for the purpose of providing water
service
WHEREAS in order to maintain control over the use of City of Auburn
rightofways by utilities operating within the City of Auburn it is appropriate to
enter into franchise agreements with such utilities and
WHEREAS City of Bonney Lake is such a utility and has negotiated this
franchise agreement with the City of Auburn acceptable to both parties and
WHEREAS the City of Auburn has determined that it is in the best
interests of the public to grant the City of Bonney Lake a franchise on the terms
and conditions set forth in this Agreement
Ordinance No 5592
April 9 2002
Page 2 of 4
NOW THEREFORE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED DO ORDAIN
AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Franchise Agreement between the City of Bonney Lake
and the City A copy of said Agreement is attached hereto denominated as
Exhibit A and made a part hereof as though set forth in full herein
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 This Ordinance shall take effect and be in force five 5 days
from and after its passage approval and publication as provided by law
INTRODUCED
PASSED
APPROVED
May 6 2002
May 6 2002
May 6 2002
PETER B LEWIS
MAYOR
Ordinance No 5592
April 9 2002
Page 3 of4
ATTEST
City Clerk
City Attorney
Ordinance No 5592
April 9 2002
Page 4 of 4
200212300566 16 pGS
2002 1022am 34002E3OcECOUNTYASHNGTON
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
RECORDERSCOVER SHEET
Document Titles or transactions contained therein
Franchise Agreement
Reference Numbers of Documents assigned or releasedJIAdditionalreferencesonpageofdocument
GrantorsBorrowers Last name first then first name and initialsAuburnCityof
GranteeAssigneeBeneficiary Last name firstBonneyLakeCityof
Legal Description abbreviated ielot block plat or section township range
Portion of Section 6 Section 5 Section 7 and Section 8 Township 20 North Range 5EastWM
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
EXHIBIT A
CITY OF AUBURN WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF BONNEY LAKE
WHEREAS the City of Auburn and the City of Bonney Lake have entered into a
Settlement Agreement executed March 5 1998 pursuant to Resolution 2925 adoptedMarch21998relatedtowaterservicetotheLakelandHillsSouthdevelopmentinwhich
according to Section 3 Auburn recognizes and agrees to Bonney Lakesexclusive right to
serve with water all portions of Bonney Lakes water service area as designated by the
1995 Pieme County Coordinated Water System Plan and
WHEREAS the City of Auburn and the City of Bonney Lake have entered into a
Service Area Agreement executed December 10 1998 pursuant to Resolution 3018
adopted December 7 1998 which revised the boundary between their respective water
service areas and
WHEREAS the City of Auburn has annexed portions of the City of Bonney Lakes
water service area and
WHEREAS according to Section 7 of said Settlement Agreement the City of
Auburn guaranteed the City of Bonney Lake the right to transport water through Auburns
corporate boundaries within Pierce County and
WHEREAS Section 7 of said Settlement Agreement states that the guarantee to
transport water shall be effectuated by the execution of easements agreementsfranchiseslicensesorotherdocumentsasareappropriateand
WHEREAS the City of Bonney Lake desires to connect install operate maintain
and repair a water system facilities and appurtenances in over along across and under
the franchise area for the purpose of providing water service
WHEREAS in order to maintain control over the use of Cityof Aubum dghtofwiysbyutilitiesoperatingwithintheCityofAuburnitisappropriatetoenterintofranchise
agreements with such utilities and
WHEREAS Cityof Bonney Lake is such a utility and has negotiated this franchise
agreement with the City of Auburn acceptable to both parties and
WHEREAS the City of Auburn has determined that it is in the best interests of the
public to grant the City of Bonney Lake a franchise on the terms and conditions set forth in
this Agreement
NOW THEREFORE THE CITY OF AUBURN AND THE CITY OF BONNEY LAKE
AGREE AS FOLLOWS
Ordinance No 5592
ExhibitA
Page lof12
SECTION 1 DEFINITIONS
Where used in this franchise Franchise the following definitions shall apply
11 Franchisee means the City of Bonney Lake a Washington municipalcorporationanditsrespectivesuccessorsandassigns
12 City means the City of Auburn a Washington municipal corporation
13 Franchise Area means all of the public reads streets avenues alleyshighwaysandotherrightsofwayoftheCityasnowlaidoutplatteddedicatedor
improved and any and all public reads streets avenues alleys highways and other
rightsofwaythat may hereafter be laid out platted dedicated or improved within the area
as described with Exhibit 1 attached hereto which is by this reference incorporated as if
fully set forth herein provided that the Franchise Area shall not include or convey any right
to Franchisee to install facilities on or to otherwise use City owned or leased propertiesoutsidetheFranchiseArea
14 Facilities means the Franchisees water system lines mains
appurtenances and all other necessary or convenient facilities for the purpose of providing
water service
15 Ordinance means this ordinance setting forth the terms and conditions
of the franchise granted to the Franchisee
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this ordinance the City grants to the
Franchisee the right to construct and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing installing operatingmaintainingremovingandreplacingmainsandpipesandmakingconnectionsbetween
the same to the dwellings and other buildings of the consumers In exercising the
foregoing rights the Franchisee shall be governed by and conform to the general rules
adopted by the Public Works Department of the City of Aubum and the Franchisee at no
expense to the City shall complete all work and shall replace and restore the City reads to
the condition of the City roads existing immediately prior to such disturbance PROVIDEDHOWEVERthatnosuchworkshallbedonepriortotheobtainingofapermittherefor
issued by the Citys Public Works Director hereinafter Director which permit shall set
forth conditions pertaining to the work to be done and specifications for the restoration of
the roads to the same condition as they were pdor to such work If the Franchisee does not
repair the City roads to the satisfaction of the Director the City may at its sole discretionrepairsuchCityreadsorcausethemtoberepairedandtheFranchiseeherebyagreesto
reimburse the City for the cost of such work including overhead costs
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect from the effective date of this
Ordinance forward for a period not to exceed seven 7 years from the effective date of
any Aubum annexation of any area within the boundary defined in Exhibit 1 for said areabutsubjecttoearlierterminationinaccordancewiththetermsandconditionsofthe
Settlement Agreement provided that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a written
acceptance of this Franchise with the City pursuant to Section 4 of this Agreement
Ordinance NO 5592
Exhibit
Page 2 of 2
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed with
the City Clerk within fortyfive 45 days from the date of this Ordinance by the Franchisee
Full acceptance of this Franchise is a condition precedent to its taking effect and unless
this Franchise is accepted within the time specified this grant will be null and void and
have no force or effect
SECTION 5 NONEXCLUSIVE FRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property including
the Franchise Area This Franchise does not prevent or prohibit the City from constructing
altering maintaining or using any of the Franchise Area The City retains full power to
make all changes relocations repair maintenance or other work to or in the Franchise
Area as the City deems fit
SECTION 6 JURISDICTION
This Franchise is intended to convey limited rights and interest only as to those roads and
rightsofway in which the City has an actual interest It is not a warranty of title or of
interest in City road rightsofway None of the rights granted to the Franchisee shall affect
the jurisdiction of the City over City read rightsofwayor the Citys power to perform work
upon its roadways rightsofway or appurtenant drainage facilities including by
constructing altering renewing paving widening grading blasting or excavating
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has or
may later acquire in the future to regulate the use of and to control the City read rightsof
way covered by this Franchise The City reserves the right and power at all times to
exercise its police powers with respect to the time manner and location of the placement
of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject to
the exercise of eminent domain In the event of an exercise of eminent domain by the City
the value to be attributed to all the rights and interests granted under this Franchise shall
not exceed the actual amount the Franchisee paid to the City in obtaining this Franchise
SECTION 9 VACATION
If at any time the City vacates any City rightsofway covered by this Franchise the Citywill
not be held liable for any damages or loss to the Franchisee by reason of such vacation
The City may after giving thirty 30 days wdtten notice to the Franchisee terminate this
Franchise with respect to any City read or rightsofway vacated
SECTION 10 ENFORCEMENT
The Citys failure to enforce any provision of this Franchise does not constitute a waiver of
its right to enforce that provision or any other provision of this Franchise
Ordinance No 5592
Exhibit A
Page 3 of 2
SECTION 11 INDEMNITY AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City itsappointedandelectedofficialsanditsemployeesandagentsfromandagainstliabilityforallclaimsactionsinjuriesdemandsliabilitieslossescostsdamagesandjudgmentsincludingcostsofdefensethereofcollectivelyreferredtoasdamagesforinjuryto
persons death or property damage caused by arising out of or incidental to theFranchiseesexerciseoftherightsandprivilegesgrantedbythisFranchiseexceptfordamagescausedbyorarisingoutoftheCityssolenegligenceIntheeventthatanysuchclaimordemandfordamagesispresentedtoorfiledwiththeCityorifanysuitoractionisinitiatedagainsttheCitybasedonsuchclaimsordemandsfordamagestheCityshallpromptlynotifytheFranchiseeoftheclaimdemandsuitoractionandtheFranchiseeshallhavetherightatitselectionanditssolecostandexpensetosettleandcompromisesuchclaimdemandsuitoractionordefendthesameattheFranchiseessolecostand
expense
112 If it is determined that RCW 424115 applies to this Franchise theFranchiseeagreestodefendholdharmlessandindemnifytheCitytothemaximumextentpermittedunderthatstatuteandspecificallyfortheFranchiseesnegligenceconcurrentwiththatoftheCitytothefullextentoftheFranchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee shall keep a policy of insurance in force with a minimumlimitoffivemilliondollars500000000VerificationofinsurancecoverageisaconditionprecedenttotheeffectivenessofthisAgreement
122 The insurance shall be maintained in full force and effect at theFranchiseessoleexpensethroughoutthetermoftheFranchiseandshouldsuchinsurancebeterminatedthisAgreementshallterminateasofthedateoftheterminationofinsurancecoverage
123 The coverage provided by the Franchiseesinsurance policies shall beprimarytoanyinsurancemaintainedbytheCityexceptastolossesordamagesattributabletothesolenegligenceoftheCityAnyinsurancemaintainedbytheCitythatmightrelatetothisFranchiseshallbeinexcesstotheFranchiseesinsuranceandshallnotcontributewithortoitTheCityhasnoobligationtoreportoccurrencestotheinsurancecompaniesunlessaclaimisfiledwiththeCitysCityCouncilandtheCityhashoobligationstopaytheFranchiseespremiums
124 The Franchisee shall be solely and completely responsible to perform allworkrelatedtothisFranchiseincompliancewithallapplicablefederalstatecountyandcitystatutesrulesregulationsordinancesordersandcodesTheFranchiseesattentionisdirectedtotherequirementsoftheWashingtonIndustrialSafetyandHealthActChapter4917RCWTheFranchiseeshallbesolelyandcompletelyresponsibleforsafetyandsafetyconditionsonitsjobsitesandforitsworkwithintheFranchiseAreaincludingthesafetyofallpersonsandpropertyduringperformanceofanyworksthereinTheservicesoftheCityorCitysconsultantpersonnelinconductingconstructionreviewoftheFranchiseesworkrelatingtotheFranchiseisnotintendedtoincludereviewoftheadequacyoftheFrenchiseesworkmethodsequipmentscaffoldingortrenchingorsafetymeasuresinonornearsuchFranchiseAreaorjobsiteTheFranchiseeshallprovide
Ordinance No 5592
Exhibit
Page 4 of
safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes ordinances rules regulations and the Franchise
SECTION 13 INSTALLATION REPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns within the Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines connecting
its system to users if the City requires such repair for any reasonable purpose
132 The Franchisee shall at no expense to the City adjust remove or
relocate existing Facilities within the Franchise Area including all appurtenant Facilities
and service lines connecting its system to users if the City determines such adjustment
removal or relocation is reasonably necessary to allow for an improvement or alteration
planned by the City The City shall give the Franchisee written notice of such requirement
as soon as practicable The written notice shall include all available information such as
plans and specifications as is reasonably necessary for the Franchisee to plan for such
adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired within the Franchise Area se as to provide safety of persons and property and not
interfere with the free passage of traffic all in accordance with the laws of the State of
Washington and the ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capital improvement program in
addition to any other notice given to the Franchisee the City shall provide a copy of the
capital improvement plan and six 6 year transportation improvement plan when
requested Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it both existing and as proposed by the City and the
proposed construction schedule The initial design information shall be given at least one
hundred and eighty 180 days before construction is scheduled to begin except in cases
of urgent construction or emergencies The Franchisee shall respond to this notice and to
any later notices of revised designs within twenty 20 days of the date of the notice by
providing tothe City the Franchisees best available information as to the location of all the
FranchiseesFacilities including all appurtenant Facilities and service lines connecting its
system to users and all Facilities that it has abandoned within the area proposed forthe
project
135 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public works
project as well as all required adjustments removals or relocations of the Franchisees
Facilities The Cityshall have sole authority to choose the contractor to perform such work
Such bid documents shall provide for an appropriate cost allocation between the partiesInadditiontotheFranchiseesallocationofcontractorcoststheFranchiseeshall
reimburse the City for all costs to include but not be limited to legal engineering
inspections administration andor soils testing related to the Franchiseeswork and
reasonably incurred by the City in the administration of such joint construction contracts
Such costs shall include the direct salary cost of the time of City professional and technical
personnel including the Citys consultants spent productively engaged in such work plus
overhead costs at the standard rate charged by the City on other similar projects
Ordinance No 5592
Exhibit
Page 5 of 2
136 It is understood that emergency situations may arise that could threatenpublichealthandorcontinuedoperationoftheFranchiseesutilitysystemandtheFranchiseemaybeunabletonotifytheCityinthemannerprescribedinSection14ofthisFranchiseInsuchasituationtheFranchiseeshallimmediatelycorrectthehazardous
situation and continue to use best efforts to contact the City staff The Emergency PhoneNumberfortheCityofAuburnis2539313053andtheCityofBonneyLakeis2538628602Dialing911isadvisedforemergencysituations
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority to enter the City road
rightsofway for the purpose of constructing installing operating maintaining replacing or
repairing its Facilities on the condition that it obtains construction excavation and rightof
way use permits issued by the City Any work performed whether by Franchisee its
contractors or third parties shall include necessary paving patching grading and anyotherreasonablynecessaryrepairorrestorationtotheCityrightsofwayAllworkshallbe
done to the Citys satisfaction
142 All equipment pipelines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located within the City road rightsofwayand owned by the Franchisee shall
be considered to be part of the Franchiseessystem and shall be the responsibility of the
Franchisee All permits for the construction installation operation maintenance or repairoftheFranchiseessystemshallbeappliedforandgiveninthenameoftheFranchiseewhowillberesponsibleforallworkdoneunderthepermitTheFranchiseeremains
responsible whether the work is performed by the Franchisee its contractors or by third
parties
143 When required by the Public Works Director the Franchisee shall post a
bond to the City in the amount sufficient for any road repair or restoration The amount of
the bond shall be set by the City and must be filed with the City before a permit will be
issued
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shallconformtoallCityordinancesandrequirementsincludingbutnotlimitedtoAuburnCityCodeandtheCitysDesignandConstructionStandardsinforcewhentheworkisperformedAlltrafficcontrolshallconformtothecurrenteditionoftheUniformTraffic
Control Devices in force when the work is performed
152 If work performed under this Franchise makes it necessary to turn off ordiminishwaterpressuretoanyfirehydranttheFranchiseeshallnotifytheCitysFireDepartmentbytelephoneandbywrittennoticethatwaterpressureorfireflowconditions
have been affected Except in the case of an emergency the notice shall be provided at
least 48 hours prior to the water pressure being turned off or diminished If more than onefirehydrantwillbeaffectedtheFranchiseeshallprovideamapoftheaffectedareatothe
Fire Department Outofservicefire hydrants must be identified as not operational bycovedngwithapropedysecuredbudaporplasticbagFirehydrantsshouldberetumedto
full service as soon as reasonably possible or no longer than two working days from the
Ordinance No 5592
Exhibit
Page 6 of
date service was diminished The Franchisee shall notifythe Citys Fire Department when
the hydrant is returned to full service
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofway in the condition of the City roads
rightsofway existing immediately prior to such disturbance If the Franchisee its
contractors or third Parties working under permit should fail to diligently restore City road
rightsofwayto the satisfaction ofthe City the City may make such repairs or restorations
as are necessary to return the City road rightsofway to a condition reasonablycomparabletotheconditionoftheCityroadsrightsofwayexistingimmediatelypriorto
such disturbance Upon presentation of an itemized bill for repairs or restorationsincludingallapplicablecostsbothdirectandindirecttoincludebutnotbelimitedtothe
cost of labor tools materials and equipment the Franchisee shall pay the bill within sixtyfive65days
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two 2 years from the date the City
approves the work andor restoration
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this ordinance the Franchisee shall provide the City with all
information requested by the City regarding the location of the Franchisees current
Facilities including but not limited to copies ofall record drawings for such Facilities Ifthe
Franchisee performs any work to install repair reconstruct or replace Facilities in the
Franchise Area after this ordinanceseffective date the Franchisee shall provide the CitywithallinformationrequestedbytheCityregardingthelocationofthoseFacilitiesincludingbutnotlimitedtocopiesofrecorddrawings
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such excavation
shall provide written notice to the other of the plan ned excavation affording the other partytheopportunitytoshareintheexcavationprovidedthat1suchjointuseshallnot
unreasonably delay the work of the party causing the excavation to be made 2 suchjoint
use shall be arranged and accomplished on terms and conditions satisfactory to both
parties and 3 either party may deny such request for safety reasons
SECTION 20 BLASTING REQUIREMENTS
The Franchiseesright to construct install operate maintain and repair Facilities does not
preclude the City its agents or contractors from blasting grading or doing other road work
contiguous to the Franchisees Facilities When practical the City shall give the
Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 21 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise the Franchisee shall establish two or
more reference marks to all monuments and markers of every nature relating to
Ordinance No 5592
ExhibitA
Page 7 of 2
ubdMsions plats rightsofwayand all other surveys The reference points shall belocatedsothattheywillnotbedisturbedduringanyofFranchiseesoperationsunderthisFranchiseThemethodofreferencingmonumentsorothermarkersorpointsshallbeapprovedbytheCitybeforeplacementThereplacementofallmarkersormonumentsdisturbedduringanyconstructionoftheFranchiseeshallbemadeaspromptlyasconditionspermitThecostofmonumentsormarkerslostdestroyedordisturbedandtheexpenseorreplacementwithapprovedmarkersormonumentsshallbebornebytheFranchisee
SECTION 22 RESERVATION OF RIGHTS221TheCityreservestherightto impose a utility tax on the FranchiseeandortochargetheFranchiseeareasonablefeeforservicesprovidedorrightsgrantedunderthisFranchisetotheextentauthorizedbylaw
222 The Franchisee agrees that it shall be subject to all authoribnow or laterpossessedbytheCityoranyothergoverningbodyhavingcompetentjurisdictiontofixjustreasonableandcompensatoryratesforservicesunderthisFranchise
223 The City reserves the right upon thirty 30 days written notice to theFranchiseetoamendormodifytheprovisionsorconditionsofthisFranchisetoconformtoanystatecountyfederalorCitystatuteordinanceruleorregulationTheCitymayterminatethisFranchiseuponthirty30dayswrittennoticetotheFranchiseeiftheFranchiseefailsorrefusestocomplywithsuchamendmentormodification
SECTION 23 ASSIGNMENTTheFranchiseeshallnothavethe right to assign this Franchise without the wdtten consentoftheCityNoassignmentshallbeeffectiveunlessanacceptancebytheassigneeofalldghtsconditionstermsprovisionsandresponsibilitiescontainedwithintheFranchiseaswellassuretybondswhichtheCitydeemsnecessarytobepostedarereceivedasallowedbylawTheCitysapprovaloftheassignmentmaybemadesubjecttotheassigneesacceptanceofnewormodifiedtermsoftheFranchise
SECTION 24 PENALTY FOR VIOLATION OF CONDITIONSIftheFranchiseefailstocomplywithanymaterialtermcondition or responsibility underthisFranchisetheCitymayprovidetheFranchiseewithwrittennoticeoftheCitysintentorevoketheFranchiseiftheFranchiseesfailureisnotcuredwithinthirty30daysofthedateofthenoticeDuringthethirty30daysfollowingthedateofthenoticetheFranchiseeshallhavetheopportunitytoremedythefailuretocomplyApublichearingshallbescheduledbeforetheAuburnCityCouncilatleastthirty30daysfollowingthenotificationontheissueoftherevocationIfatthehearingtheCityCouncilfindsthatgroundsexisttorevoketheFranchiseunderthisparagraphandthattherevocationisinthepublicinteresttheCityCouncilmaybyordinancerevoketheFranchiseTherevocationshallbeeffectiveninety90daysafterthepublichearing
SECTION 25 EXPIRATION AND RENEWAL251IftheFranchiseerequestsa renewal of this Franchise prior to itsexpirationdatetheCitymayattheCityssolediscretionextendthetermofthisFranchiseforuptooneyearbeyondtheexprabondatetoaowforprocessingoftherenewalIfthe
Ordinance No 5592ExhibitA
Page8 of 12
City elects to extend the term of this Franchise written notice of the extension shall beprovidedtotheFranchiseepriortotheFranchiseexpirationdate
252 If the Franchisee has not requested a renewal of this Franchise prior to itsexpirationdatetheCityhastherightuponthirty30dayspriornoticetotheFranchiseetoremoveorrelocateanyoftheFranchiseesFacilitiesasisreasonablynecessaryforthe
publics health welfare or safety or for the construction alteration or improvement of theFranchiseAreaorfortheconstructionorinstallationoflinesorfacilitiesofotherfranchiseholdersTheFranchiseeshallbeliableforcostsincurredinanyremovalorrelocationoftheFranchiseesFacilitiesunderthissection
253 Upon the expiration of this Franchise the Franchisee shall continue to beresponsiblefortheoperationandmaintenanceoftheFranchiseesexistingfacilitiesinthe
Franchise Area but shall not have the dght to provide additional services This SectionandSections111314151619and21ofthisFranchiseshallcontinueinforceuntil
such time asthe FranchiseesFacilities are abandoned to the City in accordance with the
terms and conditions of the Settlement Agreement
SECTION 26 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and local laws and regulationsincludingbutnotlimitedtotheStateEnvironmentalPolicyActandtheCitysEnvironmentalStandardsandOrdinances
SECTION 27 NONDISCRIMINATION CLAUSE
In all hidng or employment made possible or resulting from this Frenchise there shall be
no discrimination against any employee or applicant for employment because of sexsexualorientationageracecolornationaloriginmadtalstatusorthepresenceofanysensorymentalorphysicalhandicapunlessbaseduponabonafideoccupationqualificationNopersonshallbedeniedorsubjectedtodiscriminationinreceiptofthe
benefit of any services or activities made possible by or resulting from this agreement onthegroundsofsexsexualorientationracecolornationaloriginageexceptminimum
age and retirement provisions marital status or the presence of any sensory mental orphysicalhandicap
SECTION 28 NOTICE
Any notice or information required or permitted under this Franchise may be sent to thefollowingaddressesunlessotherwisespecified
City of Auburn
City Engineer
25 West Main Street
Auburn WA 980014998
2539313010
City of Bonney Lake
Public Works Director
19306 Bonney Lake Blvd
Bonney Lake WA 983900944
2538628602
Ordinance No 5592
Fhibit A
Page 9 of 2
SECTION 29 ATTORNEYS FEESIfeitherpartycommenceslitigationagainst the other party relating to the performance orallegedbreachofthisFranchisetheprevailingpartyshallbeentitledtoallcostsincludingreasonableattorneysfeesincurredrelatingtosuchlitigationincludingthoseincurredinanyappeal
SECTION 30 SEVERANCEIfanytermprovisioncondition or portion of this Franchise is held to be invalid suchinvalidityshallnotaffectthevalidityoftheremainingportionsofthisFranchisewhichshallcontinueinfullforceandeffectunlessthedominantpurposeoftheFranchisewouldbepreventedorthepublicinterestwouldnolongerbeservedasdeterminedbytheCity
SECTION 31 EFFECTIVE DATEThisordinancehavingbeenintroduced at least five days prior to its date of passage andsubmittedtothecityattorneyandbeingapprovedbyatleastamajorityoftheentirecitycouncilataregularcitycouncilmeetingshalltakeeffectandbeinforcefivedaysafteritspassageapprovalandpublicationasrequiredbylaw
SECTION 32 EXISTING UTILITIESThisFranchiseshallgovernCityofBonney Lake new and existing water Facilities withintheCityofAuburn
OinanceNo 5592ExhibitA
Page 10 ofl2
PASSED by Auburns City Council this
APPROVED by Auburns Mayor this
ATTESTAUTHENTICATE
PETER B LEWIS MayorCityofAuburn
LDate
Date
Ordinance No 5592Exhibit
Page 11 of
THE CITY OF BONNEY LAKE a municipal corporation of the State of Washingtonacceptsalltherightsprivilegesanddutiesofthisfranchisesubjecttoaltermsconditionsstipulationsandobligationscontainedheren
PASSED by Bonney Lakes City Council this 5 day of
CPROVE3BcnneyLakes Mayor this
ATTEST
3ZBonney Lake City Clerk
ayofMayorDate4ROVEDASTOFORMBonneyLakCityAffomeyDateFILEDWITHTHECITYCLERKPASSEDBYAUBURNSCITYCOUNCILPUBLISHEDEFFECTIVEDATEAUBURNORDINANCENOBONNEYLAKEOrdinance No5592ExhibitA
Page12ofi2
RESOLUTION NO 3 4 8 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERIM WATER SALES
AGREEMENT BETWEEN THE CITY OF AUBURN AND
COVINGTON WATER DISTRICT AND WATER DISTRICT No
111
WHEREAS Covington Water District Covington King County Water District
No 111 WD 111 and the City of Auburn Auburn are authorized to enter into this
Agreement under the authority of their respective enabling legislation and under the
authority of Chapter 3934 RCW the Interlocal Cooperation Act and
WHEREAS the parties desire to avoid unpredictable water sales and create
a predictable and reliable cost for wholesale water to be sold by Auburn to Covington
and WD 111 and
WHEREAS it is in the public interest for the parties herein to enter into an
interim water sales agreement
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn Covington and WD 111 have legal authority to cooperate with other
localities on the basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Interim water Sales Agreement between Auburn and
Covington and WD 111 with minor administrative changes if required A copy of said
Resolution No 3482
061102
Page 1
Agreement is attached hereto denominated as Exhibit A and made a part hereof
as though set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Section 4 This resolution shall be in full force and affect upon passage
and signatures hereon
DATED this day of
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Damelle E Daskam
City Clerk
APB RED FORM
City Attorney
Resolution No 3482
061102
Page 2
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
2003071400273
PRCZFZC NU TT ZRG 260
PRGE eel OF 814231521KZNGCOUNTYUR
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement RES 3482 Interim Water Sales Agreement
Reference Numbersof Documents assigned or released
rlAdditionalreference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
GranteeAssigneeBeneficiary Last name first
1 Covington Water District
2 King County Water D strict 111
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
IAssessors Property Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
Exhibit A
INTERIM WATER SALES AGREEMENT
between
COVINGTON WATER DISTRICT
KING COUNTY WATER DISTRICT NO 111
and the
CITY of AUBURN
This Agreement Agreement is made and entered into this day of June 2002
by and between Covington Water District Covington a Municipal Corporation King County
Water District No 111 WD 111 a Municipal Corporation collectively referred to herein as the
Districts and the City of Auburn Auburn a Municipal Corporation
Recitals
mo
Exhibit A
Resolution 3482
The parties to this Agreement are also parties to Interlocal Agreement 2
for the Lea Hill Intertie Project between Covington Water District King
County Water District 111 and the City of Auburn IA2
The parties desire to avoid unpredictable water sales and create a
predictable and reliable cost for wholesale water to be sold by Auburn to
the Districts
By guaranteeing a minimum purchase of water for a given period of time
ie a take or pay approach the cost of water which to a significant extent
is based on peaking factors can be minimized for all of Auburns
customers
1
Do
Eo
Fo
Go
This Agreement is intended to establish a rate for a fixed block of water
for the mutual benefit ofthe parties of this Agreement
It is in the interest of the Districts to have a predictable supply of water
available and in Auburns interest to have a predictable and consistent
source ofrevenue from the sale of such water
The parties are authorized to enter into this Agreement under the authority
of their respective enabling legislation and under the authority of Chapter
3934RCW the Interlocal Cooperation Act
The 15 million gallons of water per day MGD take or pay water
provided for in this Agreement is a portion of and not in addition to the 5
MGD as addressed in IA2
Now therefore in consideration of the mutual covenants and promises
contained herein and for other good and valuable consideration the adequacy of
which is hereby acknowledged the parties hereby agree as follows
1 TAKE OR PAY The Districts agree to purchase an average of 15
MGD of water from Auburn on a take or pay basis Take or pay shall
mean that the Districts shall pay for 15 MGD whether or not the water is
actually taken by the Districts the take or pay water also referred to in
this Agreement as the Block of water provided the Block of water may
be modified as set forth in Paragraph 4 Annual Review and Adjustment
herein If the Districts cannot accept 15 mgd due to an emergency as
Exhibit A
Resolution 3482
2
defined in Paragraph 6 they will be billed for the water they receive at the
Block rate
2 CHARGES FOR WATER The Districts shall pay the rate per one hundred
cubic feet of water CCF for the 15 MGD Block shown in Exhibit 1
attached hereto which is by this reference incorporated except as further
addressed in Paragraph 3 herein Any water taken in excess Excess Water
of the Block during the winter October 1 through May 31 shall be billed at
the winter overage rate shown in Exhibit 1 and during the summer June 1
through September 30 shall be billed at the summer overage rate shown in
Exhibit 1 Any water taken during an emergency within the Covington andor
WD 111 systems as defined in Paragraph 6 shall be billed at the 15 mgd
Block rate Auburn shall send one monthly bill to WD 111 for all water
purchased by the Districts
3 QUANTITY AVAILABLE DELIVERED The 15 MGD Block of water
shall be defined as a block ofwater to be delivered at an average rate of 15
MGD measured over a rolling 3 day period with total quantities delivered
within any single day being no more than 10more or less than 15 MGD If
the Districts are unable for any reason to accept the Block of water the
minimum monthly payment shall be 15 MGD multiplied by the rate then in
effect pursuant to Paragraph 2 above If Auburn is unable to deliver the
amount of water requested by the Districts up to the Block of water then
Auburn will bill the Districts for the amount of water actually delivered at the
Exhibit A
Resolution 3482
Exhibit A
Resolution 3482
block rate pursuant to Paragraph 2 above For the take or pay water Block
provided for herein the Districts will be served on the same basis and with the
same reliability as service is provided to Auburns retail customers and any
curtailment restrictions or limitations on delivery shall be on same basis as
curtailment restrictions or limitations on delivery to Auburns retail
customers
ANNUAL REVIEW AND ADIUSTMENT The initial Block of 15 MGD
shall remain in effect through December 31 2005 Each year the take or
pay Block may be adjusted by mutual agreement By September 1 of each
year the Districts shall notify Auburn of their intent to continue without
change or request an increase in the Block quantity Any requested change in
the Block quantity would be effective January 1 of the year following the
request In the event that neither party communicates its intent under this
provision the Block shall be deemed to continue unchanged
TERM This Agreement shall remain in full force and effect from the first
day of the month following the execution of this Agreement through
December 31 2005 provided that this Agreement shall automatically be
renewed for an additional year at the conclusion of the term of this Agreement
or any extension thereofunless any party provides the others with notice of an
intent not to extend this Agreement which notice shall be received by the
other parties not less than one year prior to the expiration ofthe term of this
Agreement or any extension thereof The termination of this Agreement shall
4
not affect any rights or obligations under IA2
61 EMERGENCIES For purposes of this Agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical equipment
failure electrical equipment failure or Puget Sound Energy facility failure or
any other mutually agreed upon emergency within the water supply system
An emergency period shall be for no more than five 5 working days without
written request by the Districts and approval by Auburn in writing to extend
the emergency period
The City may change reduce or limit the time for or temporarily discontinue
any water supplied for an emergency in excess of the Block quantity without
notice Prior to a planned interruption or limiting of emergency service the
City will notify the Districts of such not less than three days prior to the
service disruption The City agrees to use best efforts and reasonable
diligence to notify the Districts as soon after it becomes aware ofthe need for
emergency service disruption and further will to the extent practical limit the
service disruption to daylight hours
7 JOINT AND SEVERAL OBLIGATION The obligation of the Districts as
set forth therein shall be a Joint and Several obligation of the Districts
Allocation of the take or pay Block of water and the payment for such water
shall be negotiated between the Districts outside of this Agreement
Exhibit A
Resolution 3482
5
In witness whereof the participants hereto have caused this Agreement to
be executed by their proper officers on the day of
2002
City of Auburn by
Title
Approved as to form by
Title
Covington Water District bY4
King County
Water District 111 by
Title
Exhibit A
Resolution 3482
6
Interim Water Sales Agreement
Between
Covington Water District
King County Water District No 111
And the
City of Auburn
Exhibit 1
Take or Pay Monthly Rates
Year Base Charge 15MGDRate Winter Overage Summer Overage
2002 17500 070 080 185
2003 17500 075 085 200
2004 17500 080 090 210
2005 17500 085 095 220
Covington and WD 111 are each responsible for paying a Base Charge
of 17500 per month per district
Exhibit A
Resolution 3482
7
RESOLUTION NO 3443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN EMERGENCY WATER SYSTEM INTERTIE AGREEMENT BETWEEN THE
CITY OF AUBURN AND LAKEHAVEN UTILITY DISTRICT
WHEREAS pursuant to RCW 3934 the lnterlocal Cooperation Act
Auburn and Lakehaven Utility District LUD have legal authority to cooperate
with other localities on the basis of mutual advantage and provision of services
and
WHEREAS the City has water facilities in the vicinity of a water main of
LUD and
WHEREAS the City can increase the reliability of water for its customers
including Covington Water District and Water District No 111 if water is
available from LUD in the event of anemergency and
WHEREAS LUD is willing to provide to the City emergency service upon
the terms and conditions set forth herein
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and Lakehaven Utility District have legal authority to cooperate with other
localities on the basis of mutual advantage and provision of services
Section 2 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute the Emergency Water System Intertie Agreement between
Resolution No 3443
031402
Page 1
the City and Lakehaven Utility District with minor administrative changes if
required A copy of said Agreement is attached hereto denominated as Exhibit
A and made a part hereof as though set forth in full herein
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Resolution No 3443
031402
Page 2
DATED this lsayof April 2002
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3443
031402
Page 3
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
20030715000707
PACXFXC NU TXT AG 27e
PAGE OF e9
7t5253tt5
KZNG COUNTY UA
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement Emergency Water Supply Agreement
Reference Numbersof Documents assigned or released
IAdditional reference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
ii ij
GranteeAssigneeBeneficiary Last name first
1 LakehaVen Utility District
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA
Assessor Tax not yet assigned
EMERGENCY WATER SUPPLY AGREEMENT
LakehavenAuburnIntertie No 1
THIS AGREEMENT made and entered into by and betWeen the City of Auburn
hereinafter referred to as City and Lakehaven Utility District hereinafter referred to as
District
WITNESSETH
WHEREAS the City has water facilities in the vicinity ofa water main of the District
and
WHEREAS the City can increase the reliability of water for its customers including
Covington Water District and Water District No 111 if water is available from the District in
the event of an emergency and
WHEREAS the District is willing to provide to the City emergency service upon the
terms and conditions set forth herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The District hereby grants to the City the right to connect for the purposes described
herein a water meter and appurtenances to the end of the 16inchwater main located in
the vicinity of 15th Street Northwest and Terrace Drive in King County Washington
more specifically shown on Exhibit A The intertie facility shall be sited on property
owned by the City
2 The meter described in Paragraph No 1 herein is installed to provide an emergency
water supply Water shall not be withdrawn from the supply without the prior written
approval of the District At the time approval is sought the City shall state the requested
time of commencement of use the expected duration of withdrawal and the quantity of
water to be withdrawn The City shall request in writing an extension of or reduction in
the duration of the withdrawal if the duration ofthe withdrawal is expected to vary from
the original estimate The District and City shall read the meter upon activation and upon
deactivation ofthe intertie The District may periodically bill the City for water used
while the intertie is in operation or may bill for all such use after the withdrawal has
ended
3 It is anticipated by the parties that because the facility will be funded by agencies with
emergency or intermptible water supply agreements with the City specifically Covington
Water District and Water District 111 the City may be called upon by adjoining
agencies to provide an emergency supply of water beyond the Citys ability to produce
such supply and therefore requests for emergency service under this Agreement may
originate on behalf of those adjoining agencies
Exhibit A Res 3443 Page 1
4 Upon completion ofthe Emergency Intertie construction the DiStrict will own and
maintain the meter associated appurtenances necessary to monitor emergency use of the
intertie the gate valve upstream of the vault and all piping upstream of the meter The
City will own and maintain the vault control valve and all other piping and
appurtenances downstream of the meter see Exhibit B The City and the District shall
have mutual access to the vault for periodic inspection and maintenance or repair of their
respective facilities
5 The City shall comply with all District resolutions and roles applicable to a
connection to the Districts water system including but not limited to the requirement
that the District provide written approval of plans and specifications for the connection of
intertie facilities prior to construction
6 The City shall pay to the District the base monthly service charge and quantity charge
for any water received Monthly service and quantity charge rates shall be established or
amended by District resolution for the use of an eight 8inchmeter and the applicable
water rate The rate for emergency water use Will be the greater ofthe Districts adopted
summer nonresidential CommercialPublicAuthority water rate or the City of
Tacomas Tacoma adopted wholesale water rate plus a District wheeling rate
determined by the District Examples ofthe current rates are included in Exhibit C The
District or Tacoma may revise these rates from time to time without notice to the City and
such revised rates shall apply to emergency water deliveries made pursuant to this
agreement
7 This Agreement shall not authorize or permit the City to take water from the
connection described herein beyond what is described in paragraph 2 3 and Exhibit D
o Conditions
a In the event the District determines that the use of the emergency intertie is or
will impose a negative impact to the public health safety or the equitable
distribution of water within the District the District may change reduce or
limit the time for or temporarily discontinue the withdrawal of water without
notice
b Water service may be temporarily interrupted or otherwise limited for
purposes of making repairs extensions or doing other necessary work to the
water system and
c Prior to a planned interruption or limiting of service as set forth in b above
the District will notify the City of such planned interruption or limiting of
service The District agrees to use best efforts to notify the City as soon after
it becomes aware of the need for such a service disruption
d Operating conditions are as described in Exhibit C
9 Payment of all invoices for services and charges from the District shall be paid within
45 days ofthe invoice date
10 In the event of nonperformance of any provision herein by the City District may shut
off water supplied pursuant to this Agreement
Exhibit A Res 3443 Page 2
11 The use of this intertie is contingent upon receiving approval of same from the
Department of Health pursuant to applicable regulations
12 The City agrees to indemnify defend and hold harmless the District its officers
directors employees and agents and their successors and assigns from any and all costs
or claims arising out ofor in any way resulting from the Citys default failure of
performance or negligent conduct associated with this Agreement This indemnification
provision shall include but is not limited to all claims against the District by an
employee or former employee ofthe City or their contractors and as to such claims the
City expressly waives all immunity and limitation of liability under Title 51 RCW
The District agrees to indemnify defend and hold harmless the City its officers
directors employees and agents and their successors and assigns from any and all costs
or claims arising out of or in any way resulting from the Districts default failure of
performance or negligent conduct associated with this Agreement This indemnification
provision shall include but is not limited to all claims against the City by an employee or
former employee ofthe District or its contractors and as to such claims the District
expressly waives all immunity and limitation of liability under Title 51 RCW
13 The parties shall make good faith efforts to resolve by informal discussion any dispute
arising under or in connection with this Agreement Should a dispute arise between the
parties that cannot be resolved satisfactorily a mediator mutually acceptable to the parties
shall resolve the dispute through the use of mediation at equal cost to each party Should
the Parties not be able to satisfactorily resolve the dispute through mediation the forum
for resolution shall be the King County Superior Court The prevailing party shall be
entitled to attorney fees and costs
14 This Agreement may be terminated by either party hereto upon 60days written notice
to the other party
15 Notices should be sent to the City and the District at the following addresses
Public Works Director
City ofAuburn
25 West Main Street
Auburn WA 98001
General Manager
Lakehaven Utility District
PO Box 4249
Federal Way WA 98003
Exhibit A Res 3443 Page 3
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
Mayor Date
Approftof
LAKEHAVEN UTILITY DISTRICT
King County Washington
General Manager Date
Approv ato formBycOunse1 Date
Exhibit ARes 3443 Page 4
ExhitC
Example of Monthly Meter Cost
Lakehaven currently does not have an adopted monthly rate for an 8 meter and would use an
amount near Tacomas monthly meter rate until such time as Lakehaven adopts a rate for this
size meter
Tacomas rate for an 8 meter is 81504 Effective 42301
Lakehavensproposed starting monthly rate 80400
Example of Emergency Water Rates in 2002
Lakehaven Utility District Rates Resolution 99906
CommercialPublic Authority Water Rate 1060 ccf Effective 112000
City ofTacoma RatesOrdinance No 26800 plus Lakehaven Wheeling Rate
Summer Wholesale Water Rate to Lakehaven
Lakehaven Wheeling Rate
Total
Emergency Water Use Rate equals
0912 ccf Effective 42202
0180 ccf Current Estimate
1092 ccf
1092 ccf in 2002
Exhibit A Res 3443 Page 7
Exhibit D
Operating Conditions
Prior to intertie activation the 16 water main upstream of the Districts meter
shall be flushed by the District Any costs incurred by the District beyond
labor time and the cost of water used for the flushing operation shall be paid by
the City
e The City will maintain a back pressuresustaining feature within the metering
facility in order to maintain adequate pressure within the Districts service area
while also preventing uncontrolled flows The District will maintain the right
to authorize or direct the City to change the minimum upstream pressure
setting if an adjustment is warranted to increase flow capacity or maintain
adequate pressure in the Districtsdistribution system The initial settings for
the pressuresustaining valve shall be noted on the approved construction plans
and shall be stored in a waterproof container in the vault Records of any
future revised pressure settings shall be maintained and noted on the record
drawings for the metering facility retained by the parties and the information
stored in the vault shall be updated
The City will control the delivery flow rate from Lakehaven The current
estimated maximum allowable flow rate from Lakehaven is 1750 gpm or 25
mgd more or less so long as Lakehaven customers are not impacted The
Citys system has the capacity to receive water at a maximum instantaneous
rate of up to approximately 5 mgd
4 The District and City will coordinate the telemetry system so each will receive
the signal required for its operation and monitoring
Exhibit A Res 3443 Page 8
RECORDER S COVER SHEET
Document Title s or transactions contained therein
t d c
Interlocal Agreement RES 3644 I
I I I
nge
l 1 t
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
11111111111 III I20060210002263
PACIFIC NU TIT INTERLOCA 91 00
PAGE001 OF 060021020061546KINGCOUNTYUA
Reference Number s of Documents assigned or released
DAdditional reference s on page of document
Grantor s Borrower s Last name first then first name and initials
Auburn City of
Grantee Assignee Beneficiary Last name first
1 Pacific City of
Legal Description abbreviated ie lot block plat or section township ra
PER RCW 39 34
o Additional legal is on page of document
Assessor s Property Tax Parcel Account Number
N A
o Assessor Tax not yet assigned
Said document s wereftIed for
record by Pacific Northwest Tltte as
aocommodation only IthM not been
examined as to properexlCllllUl
as to its affect upon title
RESOLUTION NO 3 644
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON RELATING TO THE ANNEXATION OF A
PORTION OF PROPERTY TO THE CITY OF AUBURN
SIMULTANEOUSLY TO ITS DEANNEXATION FROM THE CITY OF
PACIFIC PURSUANT TO RCW 35102172
WHEREAS the City Council of the City ofAuburn adopted Resolution No 3617 on
May 19 2003 and Resolution No 3619 on June 16 2003 notifying the King County
Boundary Review Board of the Citys intent to annex property to the City of Auburn
simultaneous to its deannexation from the City of Pacific and
WHEREAS the City Council ofthe City of Pacific has concurred with the annexation
and deannexation through its Resolution No 527 on May 272003 and Resolution No
530 on June 9 2003 and
WHEREAS the King County Boundary Review Board has consented to and
approved the annexation and deannexation and
WHEREAS in connection with such annexationdeannexation the cities of Auburn
and Pacific have committed to coordinate and cooperate with respect to any planning
transportation utility or development issues that affect the cities and
WHEREAS the annexationdeannexation will result in a change in the water
service areas of the cities and
WHEREAS Pacific desires to be granted the right to a future franchise for ingress
egress and utilities in the vicinity of the KingPierce County line on East Valley Highway in
order to access the parcels to the west of the Burlington Northern Santa Fe rightofway
and
Resolution 3644
October 6 2003
Page 10f 4
WHEREAS Auburn desires to be granted a franchise for its existing facilities in A
Street SE remaining in Pacific after the annexationdeannexation and
WHEREAS the cities wish to amend the existing emergency intertie agreements
and relocate the emergency intertie facility serving Pacific on Lakeland Hills Way and
WHEREAS the cities have mutual interests in the development Vista Heights that
currently straddles the existing cities boundaries and will be completely contained within
Auburn when the annexationdeannexation is finalized and
WHEREAS Auburn desires to treat and retain public storm water in public facilities
and
WHEREAS Auburn and Pacific have agreed that Pacific will by bill of sale transfer
their interest in the public facilities within the annexationdeannexation area to Auburn and
WHEREAS Auburn and Pacific have agreed that Auburn will provide operation and
maintenance services for the portion of A Street SE remaining in Pacific and
WHEREAS the requirements ofthe State Environmental Policy Act and applicable
Environmental Procedures have been complied with and
WHEREAS a Public Hearing was held on October 6 2003 for which notice was
provided pursuant to the requirements of RCW 35102172 and at which hearing all
persons wishing to speak to the annexation and deannexation were heard and
WHEREAS the City Council of the City of Auburn passed its Resolution No 3643
on October 6 2003 finalizing the annexation of a portion of property to the City of Auburn
and simultaneous to its deannexationfrom the City of Pacific
Resolution 3644
October 6 2003
Page 20f 4
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor is hereby authorized to execute agreements in substantial
conformity with the following agreements attached hereto and incorporated herein by this
reference
The Water Service Area Adjustment Agreement marks as Exhibit A
The Emergency Water System Intertie Agreement marked as Exhibit B
The Auburn Franchise Agreement With the City of Pacific marked as Exhibit C
The Pacific Franchise Agreement with the City of Auburn marked as Exhibit 0
The Vista Heights Development Agreement marked as Exhibit E
The Bill of Sale for infrastructure being transferred from Pacific to Auburn marked as
Exhibit F and
An interlocal agreement for maintenance and operation services on a portion of A
Street SE attached as Exhibit G
Section 2 The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation including
transmitting a copy of this Resolution to the City Clerk of Pacific
Section 3 This Resolution shall shall take effect and be in full force upon
passage and signatures hereon
Resolution 3644
October 6 2003
Page 30f 4
DATED and SIGNED this Laay OfCCQ 2003
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
l
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Resolution 3644
October 6 2003
Page 40f 4
EXHIBIT A
WATER SERVICE AREA AGREEMENT
This Agreement made and entered into by and between the City of Pacific a
Washington municipal corporation Pacific and the City of Auburn a Washington
municipal corporation Auburn
Whereas Pacific is engaged in the business of providing water service to the public
located in certain areas of King County in the State of Washington Auburn is engaged
in the business of providing water service to the public located in certain areas of King
and Pierce Counties in the State of Washington and
Whereas the parties desire to enter into a formal service area agreement to revise the
boundary between their contiguous service areas in King county in order to avoid any
duplication or overlap of water service and to provide the most efficient service to their
respective customers and
Whereas Auburn and Pacific have by resolution annexeddeannexed an area legally
described in Attachment 1 attached hereto and shown on the map Attachment 2
attached hereto The Cities have agreed to work together cooperatively to facilitate a
practical efficient boundary between the two systems
Pacific and Auburn therefore agree as follows
1 This Agreement is entered into pursuant to the South King County Coordinated
Water System Plan which Plan and Appendices are incorporated herein by this
reference
2 The contiguous water service boundary between Pacific and Auburn is agreed
upon by both parties as shown on the attached map Attachment 2 and as legally
described in Attachment 3 which by this reference are incorporated herein
3 Pacific and Auburn may by mutual written amendmentsto this Agreement make
such adjustments to the service boundary as they may mutually agree upon from
time to time so that water service to new service locations in close proximity to the
service boundary may be provided in an efficient effective and economical manner
Any such adjustments shall be documented by modifying the attached maps which
when so modified and agreed to by the parties shall constitute amendments to this
Agreement Minor adjustments consisting of ten acres or less may be authorized by
the Public Works Director of the City of Auburn and the Community Development
Director of the City of Pacific
4 Except as specifically set forth herein this Agreement shall not modify the
Resolutions regarding the AnnexationDeannexationprocess referenced above
Exhibit A
Resolution No 3644
Page 1 of 2
5 Auburn will work with Pacific to assist in the negotiations with a Tacoma Second
Supply Project Partner SSP Partner for future water supply for Pacific The rate
for water sold to Pacific from a SSP Partner shall be the rate charged Auburn for the
water plus a wheeling charge to be established using cost of service principles
6 Pacific will pay Auburn its costs associated with increasing the capacity of the
Auburn Tacoma Second Supply Pipeline connectionsto allow the wheeling of up to
one 1 million gallon per day peak day demand and up to one half million gallon per
day average day demand through Auburn to Pacific
7 Water available to the Pacific pursuant to this Agreement shall be in compliance
with all applicable state and federal drinking water laws regulations and standards
8 If Pacific requires additional or different treatment facilities in order for the wheeled
water to comply with their water quality goals or standards then Pacific will install
such treatment facilities on the Pacific side of the intertie meters at their expense If
Auburn and Pacific determine that treatment is required to meet the mutual water
quality goals and standards then the treatment facilities will be installed as near the
point of connection to the Tacoma pipeline as practical The treatment facility costs
will be shared based upon the capacity required by each city
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King erePETERBLEWISMAYOR
OCT 202003
Date
ATTEST
Q Ølok
Danielle E Daskam CMC City Clerk
Exhibit A
Resolution No 3644
Page 2 of 2
CITY OF PACIFIC
King County Washington
azulL˘Cn
HOWARD ERICKSON MAYOR
Date icLY1 C
APPROVED AS TPlrft1
Albert A Abuan City Attorney
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY HIGHWAY AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCE NUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300
FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70
FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAY
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEY HIGHWAY A STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
Exhibit A Attachment 1
Resolution No 3644
1 of 2
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit A Attachment 1
Resolution No 3644
2of2
r
r
r
WATER SERVICE
AREA BOUNDARY LINE
250 500
I ATTACHMENT 2 Plotted JAN 2003
EXHIBIT AATTACHMENT 2
RESOLUTION No 3644
PAGE 1 Of 1SCALE1500
ATTACHMENT 3
WATER SERVICE AGREEMENT LINE BOUNDARY AFTER ANNEXATION
IN THE E 12 OF SEC 36 TWP 21 N R 4E AND W 12OF SEC 31 TWP 21 N R 5E WM
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 36 TOWNSHIP 21 NORTH RANGE 4
EAST WM SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE LANDS ANNEXED
TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE
SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 36
AND ALONG SAID SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF PACIFIC BY CITY OF
PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE
OF THE BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY100 FEET IN
WIDTH AND THE TRUE POINT OF BEGINNING OF THIS WATER SERVICE AGREEMENT LINE
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONG SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA DISTANCE
OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN
MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAYFROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEY HIGHWAY A STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE EAST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 36
THENCE NORTH ALONG THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN
BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 226 AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 36 A DISTANCE OF 258 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE
LANDS CONVEYED TO THE CITY OF AUBURN BY DEED RECORDED UNDER RECORDING
NUMBER 8009050525 RECORDS OF SAID COUNTY
THENCE EAST 50 FEET ALONG THE NORTH LINE OF SAID LANDS TO THE NORTHEAST CORNER
THEREOF
THENCE NORTH 34682 FEET TO A POINT 50 FEET EAST OF THE SOUTHWEST CORNER OF
TRACT B OF CITY OF AUBURN LOT LINE ADJUSTMENT LLA587RECORDED UNDER
RECORDING NUMBER 8704220781 RECORDS OF KING COUNTY
THENCE WEST ALONG THE SOUTH LINE OF SAID TRACT B TO THE SOUTHWEST CORNER OF
SAID TRACT B AND THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36
THENCE NORTH ALONG THE WEST LINE OF SAID TRACT B THE LINE COMMON TO THE LANDS
ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE
CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 36 A DISTANCE OF 5422 FEET MORE OR LESS TO
SAID EAST RIGHTOFWAYLINE OF EAST VALLEY HIGHWAY A STREET SE
THENCE SOUTHWESTERLY ALONG SAID EAST RIGHTOFWAYLINE TO THE SOUTHEAST
CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE
NUMBER 1171
Exhibit A Attachment 3
Resolution 3644
Page 1 of 2
THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID CITY OF AUBURN ORDINANCE NUMBER 1171
THENCE NORTHERLY ALONG THE WEST LINE OF THE LANDS DESCRIBED IN SAID CITY OF
AUBURN ORDINANCE NUMBER 1171 TO THE NORTH LINE OF SAID SECTION 36 AND THE
TERMINUS OF THIS WATER SERVICE AGREEMENT LINE
SITUATE IN KING COUNTY WASHINGTON
Exhibit A Attachment 3
Resolution 3644
Page 2 of 2
EXHIBIT B
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
PacificAuburn Intertie Agreement No3
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as Auburn and the City of Pacific hereinafter referred to as
Pacific for the purposes of planning designing constructing maintaining and
operating an emergency system intertie between the respective parties
WITNESSETH
WHEREAS both Cities have water facilities in the vicinity and
WHEREAS both Cities can increase fire protection and emergency water supply
reliability for their customers and
WHEREAS the Cities are willing to provide the necessary services to increase
fire fighting and emergency supply reliability upon the terms and conditions set forth
herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The Cities hereby concurrently terminate with the execution of this
Agreement the Water Sales Agreement Between City of Auburn and City
of Pacific dated November 4 1991 and the Water Service Agreement
dated July 271984
2 The fourinch 4 water service connection on Ellingson Road near
Pacificswell field will continue to function as an emergency water supply
under the terms and conditions of this agreement and the supply of
emergency water through this facility will be oneway from Auburn to
Pacific
3 The new emergency water system intertie will be designed to be operated
manually as a two way emergency supply between the Auburn and Pacific
Systems The facility shall be located on East Valley Highway in the
vicinity of the Water Service Area Boundaries between the two cities
Final location and configuration of the facilities shall be determined at the
time of final design
4 The emergency water system interties shall be operated only in the event
of an emergency For purposes of this agreement an emergency shall be
defined as resulting from a water shortage a major water line break fire
demand contamination to the water supply system mechanical
Exhibit B
Resolution No 3644
Page 1 of 5
equipment failure electrical equipment failure or Puget Sound Energy
facility failure or any other agreed upon emergency within the water
supply system
5 Auburn will design and administer the contract for the construction of the
new metering station The facility will be designed and constructed in
accordance with reasonably accepted water utility standards for similar
municipal water utilities Construction of the metering station will occur in
the future at a mutually agreed upon time Auburn will own and maintain
the piping interior equipment emergency meter and interior
appurtenances and all piping up to the Pacific side of the vault for the
metering station
6 Upon completion of construction Auburn will transfer ownership of all
exterior appurtenances and all piping that is located on the Pacific side of
the vault to Pacific Pacific will own and maintain the exterior
appurtenances and all piping on Pacificsside of the vault
7 Each City will have unlimited access to the vault via a dual padlock or
ownership of keys to the vault
8 Each City will operate the respective normally locked valve inside of the
vault Auburn will solely unlock and operate the locked valve on Auburns
side of the meter and Pacific will solely unlock and operate the locked
valve on Pacificsside of the meter
9 The procedure for operating the interties in the event of such emergency
shall be as follows
A Each City shall determine that an emergency of sufficient
magnitude has occurred which warrants the need to request that
the one or both interties be activated
B Upon agreement that an emergency exists the authorized
representative of each City shall allow for one or both of the
interties to be opened The intertie s will be activated as soon as
reasonably possible Both Cities personnel shall be present at the
vaultsto open the valves to activate the facility
C The City requesting the activation shall provide a written
confirmation of the request not less than 24 hours after the verbal
request or on the first day of normal business after the verbal
request
Exhibit B
Resolution No 3644
Page 2 of 5
D The intertiesshall remain activated until the City requesting
activation determines that the need for activation of the emergency
interties has ceased and shall request in writing to close the
intertie
E In case of emergency or whenever the public health safety or the
equitable distribution of water so demands the City supplying the
water may change reduce or limit the time for or temporarily
discontinue the supply of water without notice water service may
be temporarily interrupted limited for purposes of making repairs
extensions or doing other necessary work and the City supplying
the water shall not be responsible for any damage resulting from
interruption change or failure of the water supply and the City
receiving the water City requesting activation shall save and hold
harmless the City supplying the water from any loss damages or
suites to or by customers of the City receiving the water resulting
from interruption change or failure of water supply provided by this
Agreement except damages arising out of the City supplying the
watersnegligence Prior to a planned interruption or limiting of
service the City supplying the water will notify the City receiving the
water of such not less than three days prior to the service
disruption The City supplying the water agrees to use best efforts
and reasonable diligence to notify the City receiving the water as
soon after it becomes aware of the need for service disruption and
further will to the extent practical limit the service disruption to
daylight hours
10 Auburn shall read the metersupon activation and upon deactivation of
the interties The City supplying the water shall verify the information
and shall then calculate and invoice the other City for the water used
during the request The total water used during the event shall be used to
calculate the invoice The rate for water consumed through the
emergency interties shall be at the Auburn Wholesale Rate to Algona in
effect at the time the water is used This shall be complete payment for
the water labor and administration of activating the interties
11 The total project costs for the construction of the new intertie shall include
costs for consulting design service and construction Auburn shall bear
the project costs in exchange for facilities transferred to Auburn as a part
of the Lakeland Hills area annexationdeannexation Each City is
responsible for associated staff administration and legal costs associated
with this implementation of the agreement
12 To the extent allowed by law the City of Pacific shall defend indemnify
and hold harmless the City of Auburn its elected officials employees and
agents from and against any and all suits claims actions losses costs
Exhibit B
Resolution No 3644
Page 3 of 5
expensØs of litigation attorneysfees penalties and damages of
whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the City of Pacific its employees agents and
contractors in the performance of the City of Pacificsobligations under the
Agreement and this Amendment This indemnification provision shall
include but is not limited to all claims against the City of Auburn by an
employee or former employee of the City of Pacific or its contractors and
as to such claims the City of Pacific expressly waives all immunity and
limitation of liability under Title 51 RCW
To the extent allowed by law the City of Auburn shall defend indemnify
and hold harmless the City of Pacific its elected officials employees and
agents from and against any and all suits claims actions losses costs
expenses of litigation attorneysfees penalties and damages or
whatsoever kind or nature arising our of in connection with or incident to
an act or omission of the City of Auburn its employees agents and
contractors in the performance of the City of Auburnsobligations under
this Agreement This indemnification obligation shall include but is not
limited to all claims against the City of Pacific by an employee or former
employee of the City of Auburn or its contractors and as to such claims
the City of Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW
13 This Agreement shall remain in force until terminated by either party hereto
upon 60days written notice to the other party Any project costs incurred
up to the date of such notice as described herein shall be shared in
accordance with the provisions of this Agreement
14 Water available to the Pacific pursuant to this Agreement shall be in
compliance with all applicable state and federal drinking water laws
regulations and standards
15 If Pacific requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Pacific will install such treatment facilities on the
Pacific side of the intertie meters at their expense
16 If Auburn requires additional or different treatment facilities in order for the
water received under this agreement to comply with their water quality
goals or standards then Auburn will install such treatment facilities on the
Auburn side of the intertie meters at their expense
Exhibit B
Resolution No 3644
Page 4 of 5
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King County Washin ton
r
S MAYOR
OCT I —2003
Date
ATTEST
Ll11JdvJ
Danielle E Daskam CMC City Clerk
Exhibit B
Resolution No 3644
Page 5 of 5
CITY OF PACIFIC
King County Washington
U1CZ16g
HOWARD ERICKSON MAYOR
tJ 1DateeIo01JZCI
ATTESTj
APPROVED AS TO FORM
dice JU
Albert A Auan City Attorney
EXHIBIT C
CITY OF AUBURN WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF PACIFIC
WHEREAS the City of Auburn Auburn and the City of Pacific Pacific have
agreed to the annexationdeannexation a portion of property described in Attachment
1 relating to among other things East Valley Highway EVH from the north end of the
White River bridge to the KingPierce County line in which Auburn recognizes and
agrees to Pacificsright to access a portion of EVH near the KingPierce County line for
ingress egress and utilities and
WHEREAS Auburn and Pacific have entered into a Water Service Area
Agreement which revised the boundary between their respective water service areas
and
WHEREAS the City of Auburn and Pacific have entered into an Emergency
Water System Intertie Agreement and
WHEREAS according to said Emergency Water System Intertie Agreement
Auburn guaranteed Pacific the right to wheel water through Auburnswater system for
an associated wheeling charge and
WHEREAS in order to maintain control over the use of Auburn rightofways by
Pacific within Auburn it is appropriate to enter into franchise agreements with Pacific
and
WHEREAS Pacific has negotiated this franchise agreement with Auburn
acceptable to both parties and
WHEREAS Auburn has determined that it is in the best interests of the public to
grant Pacific a franchise on the terms and conditions set forth in this Agreement
NOW THEREFORE THE CITY OF AUBURN AND THE CITY OF PACIFIC
AGREE AS FOLLOWS
SECTION 1 DEFINITION
Where used in this franchise Franchise the following definitions shall apply
11 Franchisee means the City of Pacific a Washington municipal
corporation and its respective successors and assigns
12 City means the City of Auburn a Washington municipal corporation
Exhibit C
Resolution No 3644
Page 1 of 11
13 Franchise Area means that portion of East Valley Highway where
Pacific will own operate and maintain utilities as described with Attachment 2 attached
hereto which is by this reference incorporated as if fully set forth herein provided that
the Franchise Area shall not include or convey any right to Franchisee to install facilities
on or to otherwise use City owned or leased properties outside the Franchise Area
14 Facilities means the Franchiseesutility system lines mains
appurtenances and all other necessary or convenient facilities for the purpose of
providing water service
15 Agreement means this Agreement setting forth the terms and
conditions of the franchise granted to the Franchisee
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement the City grants to the
Franchisee the right to construct and install water pipelines and appurtenances and to
excavate trenches in City roads for the purposes of constructing installing operating
maintaining removing and replacing mains and pipes and making connections
between the same to the dwellings and other buildings of the consumers In exercising
the foregoing rights the Franchisee shall be governed by and conform to the general
rules adopted by the Public Works Department of the City of Auburn and the
Franchisee at no expense to the City shall complete all work and shall replace and
restore the City roads to the condition of the City roads existing immediately prior to
such disturbance PROVIDED HOWEVER that no such work shall be done prior to the
obtaining of a permit therefor issued by the Citys Public Works Director hereinafter
Director which permit shall set forth conditions pertaining to the work to be done and
specifications for the restoration of the roads to the same condition as they were prior to
such work If the Franchisee does not repair the City roads to the satisfaction of the
Director the City may at its sole discretion repair such City roads or cause them to be
repaired and the Franchisee hereby agrees to reimburse the City for the cost of such
work including overhead costs
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect from the effective date of this
Agreement forward for a period not to exceed twentyfive 25 years from the effective
date of this Agreement provided that this Franchise shall not take effect and the
Franchisee shall have no rights under this Franchise unless the Franchisee files a
written acceptance of this Franchise with the City pursuant to Section 4 of this
Agreement
SECTION 4 ACCEPTANCES BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the City Clerk within fortyfive 45 days from the date of this Agreement by the
Franchisee Full acceptance of this Franchise is a condition precedent to its taking
effect and unless this Franchise is accepted within the time specified this grant will be
null and void and have no force or effect
Exhibit C
Resolution No 3644
Page 2 of 11
SECTION 5 NONEXCLUSIVEFRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property
including the Franchise Area This Franchise does not prevent or prohibit the City from
constructing altering maintaining or using any of the Franchise Area The City retains
full power to make all changes relocations repair maintenance or other work to or in
the Franchise Area as the City deems fit
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads
and rightsofway in which the City has an actual interest It is not a warranty of title or
of interest in City road rightsofway None of the rights granted to the Franchisee shall
affect the jurisdiction of the City over City road rightsofway or the Citys power to
perform work upon its roadways rightsofway or appurtenant drainage facilities
including by constructing altering renewing paving widening grading blasting or
excavating
SECTION 7 REGULATIONS OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has
or may later acquire in the future to regulate the use of and to control the City road
rightsofway covered by this Franchise The City reserves the right and power at all
times to exercise its police powers with respect to the time manner and location of the
placement of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject
to the exercise of eminent domain In the event of an exercise of eminent domain by
the City the value to be attributed to all the rights and interests granted under this
Franchise shall not exceed the actual amount the Franchisee paid to the City in
obtaining this Franchise
SECTION 9 VACATION
If at any time the City vacates any City rightsofway covered by this Franchise the City
will not be held liable for any damages or loss to the Franchisee by reason of such
vacation The City may after giving thirty 30 days written notice to the Franchisee
terminate this Franchise with respect to any City road or rightsofway vacated
SECTION 10 ENFORCEMENT
The Citys failure to enforce any provision of this Franchise does not constitute a waiver
of its right to enforce that provision or any other provision of this Franchise
SECTION 11 INDEMNITIES AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City its
appointed and elected officials and its employees and agents from and against liability
for all claims actions injuries demands liabilities losses costs damages and
Exhibit C
Resolution No 3644
Page 3 of 11
judgments including costs of defense thereof collectively referred to as damages
for injury to persons death or property damage caused by arising out of or incidental
to the Franchiseesexercise of the rights and privileges granted by this Franchise
except for damages caused by or arising out of the Citys sole negligence In the event
that any such claim or demand for damages is presented toor filed with the City or if
any suit or action is initiated against the City based on such claims or demands for
damages the City shall promptly notify the Franchisee of the claim demand suit or
action and the Franchisee shall have the right at its election and its sole cost and
expense to settle and compromise such claim demand suit or action or defend the
same at the Franchiseessole cost and expense
112 If it is determined that RCW 424115 applies to this Franchise the
Franchisee agrees to defend hold harmless and indemnify the City to the maximum
extent permitted under that statute and specifically for the Franchiseesnegligence
concurrent with that of the City to the full extent of the Franchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee shall keep a policy of insurance in force with a
minimum limit of five million dollars 500000000 Verification of insurance coverage
is a condition precedent to the effectiveness of this Agreement
122 The insurance shall be maintained in full force and effect at the
Franchisees sole expense throughout the term of the Franchise and should such
insurance be terminated this Agreement shall terminate as of the date of the
termination of insurance coverage
123 The coverage provided by the Franchiseesinsurance policies shall be
primary to any insurance maintained by the City except as to losses or damages
attributable to the sole negligence of the City Any insurance maintained by the City
that might relate to this Franchise shall be in excess to the Franchiseesinsurance and
shall not contribute with or to it The City has no obligation to report occurrences to the
insurance companies unless a claim is filed with the Citys City Council and the City
has no obligations to pay the Franchiseespremiums
124 The Franchisee shall be solely and completely responsible to perform
all work related to this Franchise in compliance with all applicable federal state county
and city statutes rules regulations Ordinances orders and codes The Franchisees
attention is directed to the requirements of the Washington Industrial Safety and Health
Act Chapter 4917 RCW The Franchisee shall be solely and completely responsible
for safety and safety conditions on its job sites and for its work within the Franchise
Area including the safety of all persons and property during performance of any works
therein The services of the City or Citys consultant personnel in conducting
construction review of the Franchiseeswork relating to the Franchise is not intended to
include review of the adequacy of the Franchisees work methods equipment
scaffolding or trenching or safety measures in on or near such Franchise Area or job
site The Franchisee shall provide safe access for the City and its inspectors to
adequately inspect the work and its conformance with applicable statutes Ordinances
rules regulations and the Franchise
Exhibit C
Resolution No 3644
Page 4 of 11
SECTION 13 INSTALLATIONS REPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns within the Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines
connecting its system to users if the City requires such repair for any reasonable
purpose
132 The Franchisee shall at no expense to the City adjust remove or
relocate existing Facilities within the Franchise Area including all appurtenant Facilities
and service lines connecting its system to users if the City determines such
adjustment removal or relocation is reasonably necessary to allow for an improvement
or alteration planned by the City The City shall give the Franchisee written notice of
such requirement as soon as practicable The written notice shall include all available
information such as plans and specifications as is reasonably necessary for the
Franchisee to plan for such adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired within the Franchise Area so as to provide safety of persons and property and
not interfere with the free passage of traffic all in accordance with the laws of the State
of Washington and the Ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capital improvement program
in addition to any other notice given to the Franchisee the City shall provide a copy of
the capital improvement plan and six 6 year transportation improvement plan when
requested Further the City shall provide a vertical and horizontal profile of the roadway
and drainage facilities within it both existing and as proposed by the City and the
proposed construction schedule The initial design information shall be given at least
one hundred and eighty 180 days before construction is scheduled to begin except in
cases of urgent construction or emergencies The Franchisee shall respond to this
notice and to any later notices of revised designs within twenty 20 days of the date of
the notice by providing to the City the Franchiseesbest available information as to the
location of all the FranchiseesFacilities including all appurtenant Facilities and service
lines connecting its system to users and all Facilities that it has abandoned within the
area proposed for the project
135 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public
works project as well as all required adjustments removals or relocations of the
FranchiseesFacilities The City shall have sole authority to choose the contractor to
perform such work Such bid documents shall provide for ar1 appropriate cost allocation
between the parties In addition to the Franchiseesallocation of contractor costs the
Franchisee shall reimburse the City for all costs to include but not be limited to legal
engineering inspections administration andor soils testing related to the Franchisees
work and reasonably incurred by the City in the administration of such joint construction
contracts Such costs shall include the direct salary cost of the time of City professional
and technical personnel including the Citys consultants spent productively engaged in
such work plus overhead costs at the standard rate charged by the City on other
similar projects
Exhibit C
Resolution No 3644
Page 5 of 11
136 It is understood that emergency situations may arise that could
threaten public health andor continued operation of the
Franchiseesutility system and the Franchisee may be unable
to notify the City in the manner prescribed in Section 14 of this
Franchise In such a situation the Franchisee shall immediately
correct the hazardous situation and continue to use best efforts
to contact the City staff The Emergency Phone Number for the
City of Auburn is 253 9313010 and the City of Pacific is 253
9291110 Dialing 911 is advised for emergency situations
SECTION 14 REQUIREMENTS OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority to enter the City
road rightsofway for the purpose of constructing installing operating maintaining
replacing or repairing its Facilities on the condition that it obtains construction
excavation and rightofway use permits issued by the City Any work performed
whether by Franchisee its contractors or third parties shall include necessary paving
patching grading and any other reasonably necessary repair or restoration to the City
rightsofway All work shall be done to the Citys satisfaction
142 All equipment pipelines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located within the City road rightsofway and owned by the Franchisee
shall be considered to be part of the Franchisees system and shall be the responsibility
of the Franchisee All permits for the construction installation operation maintenance
or repair of the Franchiseessystem shall be applied for and given in the name of the
Franchisee who will be responsible for all work done under the permit The Franchisee
remains responsible whether the work is performed by the Franchisee its contractors
or by third parties
143 When required by the Public Works Director the Franchisee shall post
a bond to the City in the amount sufficient for any road repair or restoration The
amount of the bond shall be set by the City and must be filed with the City before a
permit will be issued
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shall
conform to all City Ordinances and requirements including but not limited to Auburn
City Code and the Citys Design and Construction Standards in force when the work is
performed All traffic control shall conform to the current edition of the Uniform Traffic
Control Devices in force when the work is performed
152 If work performed under this Franchise makes it necessary to turn off
or diminish water pressure to any fire hydrant the Franchisee shall notify the Citys Fire
Department by telephone and by written notice that water pressure or fire flow
conditions have been affected Except in the case of an emergency the notice shall be
provided at least 48 hours prior to the water pressure being turned off or diminished
Exhibit C
Resolution No 3644
Page 6 of 11
If more than one fire hydrant will be affected the Franchisee shall provide a map of the
affected area to the Fire Department Outofservicefire hydrants must be identified as
not operational by covering with a properly secured burlap or plastic bag Fire hydrants
should be returned to full service as soon as reasonably possible or no longer than two
working days from the date service was diminished The Franchisee shall notify the
Citys Fire Department when the hydrant is returned to full service
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofway in the condition of the City
roads rightsofway existing immediately prior to such disturbance If the Franchisee its
contractors or third parties working under permit should fail to diligently restore City
road rightsofway to the satisfaction of the City the City may make such repairs or
restorations as are necessary to return the City road rightsofwayto a condition
reasonably comparable to the condition of the City roads rightsofway existing
immediately prior to such disturbance Upon presentation of an itemized bill for repairs
or restorations including all applicable costs both direct and indirect to include but not
be limited to the cost of labor tools materials and equipment the Franchisee shall pay
the bill within sixtyfive 65 days
SECTION 17 GUARANTEES
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two 2 years from the date the City
accepts the work andor restoration
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement the Franchisee shall provide the City with
all information requested by the City regarding the location of the Franchiseescurrent
Facilities including but not limited to copies of all record drawings for such Facilities If
the Franchisee performs any work to install repair reconstruct or replace Facilities in
the Franchise Area after this Agreementseffective date the Franchisee shall provide
the City with all information requested by the City regarding the location of those
Facilities including but not limited to copies of record drawings
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such
excavation shall provide written notice to the other of the planned excavation affording
the other party the opportunity to share in the excavation provided that 1 such joint
use shall not unreasonably delay the work of the party causing the excavation to be
made 2 such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties and 3 either party may deny such request for safety
reasons
Exhibit C
Resolution No 3644
Page 7 of 11
SECTION 20 REIMBURSEMENTS OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City which are directly or indirectly related to the receipt
review and approval of this Franchise In the event of nonpayment thereafter the
Franchisee shall pay the Citys reasonable attorneys fees and other costs incurred in
collecting such amount Payment must be made within sixtyfive 65 days of the
Franchiseesreceipt of the Citys billlinvoice If payment is not paid in full within the
sixtyfive 65 days this Franchise shall become null and void
SECTION 21 BLASTING REQUIREMENTS
The Franchiseesright to construct install operate maintain and repair Facilities does
not preclude the City its agents or contractors from blasting grading or doing other
road work contiguous to the FranchiseesFacilities When practical the City shall give
the Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise the Franchisee shall establish two
or more reference marks to all monuments and markers of every nature relating to
subdivisions plats rightsofway and all other surveys The reference points shall be
located so that they will not be disturbed during any of Franchiseesoperations under
this Franchise The method of referencing monuments or other markers or points shall
be approved by the City before placement The replacement of all markers or
monuments disturbed during any construction of the Franchisee shall be made as
promptly as conditions permit The cost of monuments or markers lost destroyed or
disturbed and the expense or replacement with approved markers or monuments shall
be borne by the Franchisee
SECTION 23 RESERVATIONS OF RIGHTS
The City reserves the right upon thirty 30 days written notice to the Franchisee to
amend or modify the provisions or conditions of this Franchise to conform to any state
county federal or city statute ordinance rule or regulation The City may terminate
this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee
fails or refuses to comply with such amendment or modification
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City No assignment shall be effective unless an acceptance by the
assignee of all rights conditions terms provisions and responsibilities contained within
the Franchise as well as surety bonds which the City deems necessary to be posted
are received as allowed by law The Citys approval of the assignment may be made
subject to the assigneesacceptance of new or modified terms of the Franchise
Exhibit C
Resolution No 3644
Page 8 of 11
SECTION 25 PENALTV FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term condition or responsibility under
this Franchise the City may provide the Franchisee with written notice of the Citys
intent to revoke the Franchise if the Franchisees failure is not cured within thirty 30
days of the date of the notice During the thirty 30 days following the date of the
notice the Franchisee shall have the opportunity to remedy the failure to comply A
public hearing shall be scheduled before the Auburn City Council at least thirty 30
days following the notification on the issue of the revocation If at the hearing the City
Council finds that grounds exist to revoke the Franchise under this paragraph and that
the revocation is in the public interest the City Council may by ordinance revoke the
Franchise The revocation shall be effective ninety 90 days after the public hearing
SECTION 26 EXPIRATION AND RENEWAL
261 If the Franchisee requests a renewal of this Franchise prior to its
expiration date the City may at the Citys sole discretion extend the term of this
Franchise for up to one year beyond the expiration date to allow for processing of the
renewal If the City elects to extend the term of this Franchise written notice of the
extension shall be provided to the Franchisee prior to the Franchise expiration date
262 If the Franchisee has not requested a renewal of this Franchise prior to
its expiration date the City has the right upon thirty 30 days prior notice to the
Franchisee to remove or relocate any of the FranchiseesFacilities as is reasonably
necessary for the publics health welfare or safety or for the construction alteration or
improvement of the Franchise Area or for the construction or installation of lines or
facilities of other franchise holders The Franchisee shall be liable for costs incurred in
any removal or relocation of the FranchiseesFacilities under this section
263 Upon the expiration of this Franchise the Franchisee shall continue to
be responsible for the operation and maintenance of the Franchiseesexisting facilities
in the Franchise Area but shall not have the right to provide additional services This
Section and Sections 11 13 14 15 16 19 and 22 of this Franchise shall continue in
force until such time as the FranchiseesFacilities are abandoned to the City in
accordance with the terms and conditions of the Annexation Resolution
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and local laws and
regulations including but not limited to the State Environmental Policy Act and the
Citys Environmental Standards and Ordinances
SECTION 28 NONDISCRIMINATIONCLAUSES
In all hiring or employment made possible or resulting from this Franchise there shall
be no discrimination against any employee or applicant for employment because of sex
sexual orientation age race color national origin marital status or the presence of any
sensory mental or physical handicap unless based upon a bona fide occupation
qualification No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement
Exhibit C
Resolution No 3644
Page 9 of 11
on the grounds of sex sexual orientation race color national origin age except
minimum age and retirement provisions marital status or the presence of any sensory
mental or physical handicap
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified
City of Auburn
City Engineer
25 West Main Street
Auburn WA 980014998
2539313010
City of Pacific
Community Development Director
100 3rd Avenue SE
Pacific WA 98047
2539291110
SECTION 30 ATTORNEYS FEES
If either party commences litigation against the other party relating to the performance
or alleged breach of this Franchise the prevailing party shall be entitled to all costs
including reasonable attorneys fees incurred relating to such litigation including those
incurred in any appeal
SECTION 31 SEVERANCES
If any term provision condition or portion of this Franchise is held to be invalid such
invalidity shall not affect the validity of the remaining portions of this Franchise which
shall continue in full force and effect unless the dominant purpose of the Franchise
would be prevented or the public interest would no longer be served as determined by
the City
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five days prior to its date of passage
and submitted to the city attorney and being approved by at least a majority of the
entire city council at a regular city council meeting shall take effect and be in force five
days after its passage approval and publication as required by law
SECTION 33 EXISTING UTILITIES
This Franchise shall govern City of Pacific new utility Facilities within the City of
Auburn
Exhibit C
Resolution No 3644
Page 10 of 11
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King County Washington
4
PETER B LEWIS MAYOR
DCl 2 —2003
CITY OF PACIFIC
King County Washington
C Ji41ev2d47
HOWARD ERICKSON MAYOR
Date Jclœ 3 LsDate
Danielle E Daskam CMC City Clerk
ATTESTlATTEST
Exhibit C
Resolution No 3644
Page 11 of 11
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY HIGHWAY AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 41N THE SOUTHWEST QUARTER OF
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCE NUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300
FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70
FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
pARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAY
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEY HIGHWAY A STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
Exhibit C Attachment 1
Resolution No 3644
1 of 2
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit C Attachment 1
Resolution No 3644
2of2
Attachment 2
CITY OF PACIFIC DESCRIPTION CROSSING EAST VALLEY HIGHWAY
BEGINNING AT INTERSECTION OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY A
STREET SOUTHEAST AND THE NORTH LINE OF TOWNSHIP 20 NORTH RANGE 5 EAST
WM
THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A
DISTANCE OF 50 FEET
THENCE WEST TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTHERLY ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 150 FEET
THENCE EAST TO SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY
THENCE SOUTHERLY ALONG SAID EAST MARGIN OF THE EAST VALLEY HIGHWAY A
DISTANCE OF 100 FEET TO THE POINT OF BEGINNING
SITUATE IN KING AND PIERCE COUNTIES WASHINGTON
Exhibit C Attachment 2
Resolution No 3644
Page 1 of 1
EXHIBIT D
CITY OF PACIFIC WASHINGTON
FRANCHISE AGREEMENT WITH THE CITY OF AUBURN
WHEREAS the City of Auburn Auburn and the City of Pacific Pacific have agreed to
the annexationdeannexation a portion of property described in Attachment 1 relating
to among other things East Valley Highway EVH from the north end of the White River
bridge to the KingPierce County line in which Auburn recognizes and agrees to
Pacificsright to access a portion of EVH near the KingPierce County line for ingress
egress and utilities and
WHEREAS Auburn and Pacific have entered into a Water Service Area Agreement
which revised the boundary between their respective water service areas and
WHEREAS the City of Auburn and Pacific have entered into an Emergency Water
System Intertie Agreement and
WHEREAS in order to maintain control over the use of City of Pacific rightofway by
utilities operating within the City of Pacific it is appropriate to enter into franchise
agreements with such utilities and
WHEREAS City of Auburn is such a utility and has negotiated this franchise
agreement with the City of Pacific acceptable to both parties and
WHEREAS the City of Pacific has determined that it is in the best interests of the
public to grant the City of Auburn a franchise on the terms and conditions set forth in
this Agreement now therefore
THE CITY COUNCIL OF THE CITY OF PACIFIC WASHINGTON DO ORDAIN AS
FOLLOWS
SECTION 1 DEFINITIONS
Where used in this franchise Franchise the following definitions shall apply
11 Franchisee means the City of Auburn a Washington municipal
corporation and its respective successors and assigns
12 City means the City of Pacific a Washington municipal corporation
13 Franchise Area means the Right of Way of A Street SE as described
in Attachment 2 attached hereto which is by this reference incorporated as if fully set
forth herein provided that the Franchise Area shall not include or convey any right to
Franchisee to install facilities on or to otherwise use City owned or leased properties
outside the Franchise Area
Exhibit D
Resolution No 3644
Page 1 of 11
14 Facilities means the Franchiseeswater system lines mains
appurtenances and all other necessary or convenient facilities for the purpose of
providing water service
15 Agreement means this Agreement setting forth the terms and
conditions of the franchise granted to the Franchisee
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Agreement the City grants to the
Franchisee the right for the construction and installation of water pipeline
appurtenances and the excavation of trenches on City roads for the purposes of
constructing installing operating maintaining removing and replacing mains and
pipes and making connections between the same to the dwellings and other buildings
of the consumers the Franchisee shall be governed by and conform to the general
rules adopted by the Public Works Department of the City of Pacific and the
Franchisee at no expense to the City shall complete all such work and shall replace
and restore the City roads to a condition reasonably comparable to the condition of the
City roads existing immediately prior to such disturbance PROVIDED HOWEVER that
no such work shall be done prior to the obtaining of a permit therefor issued by the
Citys Community Development Director hereinafter Director which permit shall set
forth conditions pertaining to the work to be done and specifications for the restoration
of the roads to the same condition as they were prior to such work If the Franchisee
does not repair the City roads to the satisfaction of the Director the City may at its sole
discretion repair such City roads or cause them to be repaired and the Franchisee
hereby agrees to reimburse the City for the cost of such work including overhead costs
SECTION 3 FRANCHISE TERM
This Franchise is and shall remain in full force and effect for a period of twentyfive 25
years from the effective date of this Agreement provided that this Franchise shall not
take effect and the Franchisee shall have no rights under this Franchise unless the
Franchisee files a written acceptance of this Franchise with the City pursuant to Section
4 of this Agreement
SECTION 4 ACCEPTANCE BY GRANTEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed
with the City Clerk within fortyfive 45 days from the date of this Agreement by the
Franchisee Full acceptance of this Franchise is a condition precedent to its taking
effect and unless this Franchise is accepted within the time specified this grant will be
null and void and have no force or effect
SECTION 5 NONEXCLUSIVEFRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property
Exhibit D
Resolution No 3644
Page 2 of 11
including the Franchise Area This Franchise does not prevent or prohibit the City from
constructing altering maintaining or using any of the Franchise Area The City retains
full power to make all changes relocations repair maintenance or other work to or in
the Franchise Area as the City deems fit
SECTION 6 JURISDICTIONS
This Franchise is intended to convey limited rights and interest only as to those roads
and rightsofway in which the City has an actual interest It is not a warranty of title or
of interest in City road rightsofway None of the rights granted to the Franchisee shall
affect the jurisdiction of the City over City road rightsofway or the Citys power to
perform work upon its roadways rightsofway or appurtenant drainage facilities
including by constructing altering renewing paving widening grading blasting or
excavating
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has
or may later acquire in the future to regulate the use of and to control the City road
rightsofway covered by this Franchise The City reserves the right and power at all
times to exercise its police powers with respect to the time manner and location of the
placement of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject
to the exercise of eminent domain In the event of an exercise of eminent domain by
the City the value to be attributed to all the rights and interests granted under this
Franchise shall not exceed the actual amount the Franchisee paid to the City in
obtaining this Franchise
SECTION 9 VACATION
If at any time the City vacates any City rightsofway covered by this Franchise the City
will not be held liable for any damages or loss to the Franchisee by reason of such
vacation The City may after giving thirty 30 days written notice to the Franchisee
terminate this Franchise with respect to any City road or rightsofway vacated
SECTION 10 ENFORCEMENT
The Citys failure to enforce any provision of this Franchise does not constitute a waiver
of its right to enforce that provision or any other provision of this Franchise
SECTION 11 INDEMNITIES AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City its
appointed and elected officials and its employees and agents from and against liability
for all claims actions injuries demands liabilities losses costs damages and
judgments including costs of defense thereof collectively referred to as damages
for injury to persons death or property damage caused by arising out of or incidental
Exhibit D
Resolution No 3644
Page 3 of 11
to the Franchisees exercise of the rights and privileges granted by this Franchise
except for damages caused by or arising out of the Citys sole negligence In the event
that any such claim or demand for damages is presented to or filed with the City or if
any suit or action is initiated against the City based on such claims or demands for
damages the City shall promptly notify the Franchisee of the claim demand suit or
action and the Franchisee shall have the right at its election and its sole cost and
expense to settle and compromise such claim demand suit or action or defend the
same at the Franchiseessole cost and expense
11 2 If it is determined that RCW 424115 applies to this Franchise the
Franchisee agrees to defend hld harmless and indemnify the City to the maximum
extent permitted under that statute and specifically for the Franchiseesnegligence
concurrent with that of the City to the full extent of the Franchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee being a municipality in the State of Washington shall
be selfinsured through the Washington Cities Insurance Association WCIA If
required by Pacific Auburn shall request the WCIA to provide Pacific with a letter sent
from the WCIA evidencing such an insurance policy to be in force
122 The insurance shall be maintained in full force and effect at the
Franchiseessole expense throughout the term of the Franchise The City shall be
given at least fortyfive 45 days written notice that the Franchisee is no longer a
member of the WCIA Such notice to the City shall be by certified mail sent to City of
Pacific Public Works Dept 100 3rd SE Pacific Washington 98047
123 The coverage provided by Auburnsinsurance policies shall be primary
to any insurance maintained by Pacific except as to losses or damages attributable to
the sole negligence of Pacific Any insurance maintained by Pacific that might relate to
this Franchise shall be in excess to Auburnsinsurance and shall not contribute with or
to it Pacific has no obligation to report occurrences to the insurance companies unless
a claim is filed with PacificsCity Council and Pacific has no obligations to pay
Auburnspremiums
124 The Franchisee shall be solely and completely responsible to perform
all work related to this Franchise in compliance with all applicable federal state county
and city statutes rules regulations ordinances orders and codes The Franchisees
attention is directed to the requirements of the Washington Industrial Safety and Health
Act Chapter 4917 RCW The Franchisee shall be solely and completely responsible
for safety and safety conditions on its job sites and for its work within the Franchise
Area including the safety of all persons and property during performance of any works
therein The services of the City or Citys consultant personnel in conducting
construction review of the Franchiseeswork relating to the Franchise is not intended to
include review of the adequacy of the Franchiseeswork methods equipment
scaffolding or trenching or safety measures in on or near such Franchise Area or job
site The Franchisee shall provide safe access for the City and its inspectors to
Exhibit D
Resolution No 3644
Page 4 of 11
adequately inspect the work and its conformance with applicable statutes ordinances
rules regulations and the Franchise
SECTION 13 INSTALLATION REPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns within the Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines
connecting its system to users if the City requires such repair for any reasonable
purpose
132 The Franchisee shall at no expense to the City adjust remove or
relocate existing Facilities within the Franchise Area including all appurtenant Facilities
and service lines connecting its system to users if the City determines such
adjustment removal or relocation is reasonably necessary to allow for an improvement
or alteration planned by the City The City shall give the Franchisee written notice of
such requirement as soon as practicable The written notice shall include all available
information such as plans and specifications as is reasonably necessary for the
Franchisee to plan for such adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired within the Franchise Area so as to provide safety of persons and property and
not interfere with the free passage of traffic all in accordance with the laws of the State
of Washington and the ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capital improvement program
in addition to any other notice given to the Franchisee the City shall provide a vertical
and horizontal profile of the roadway and drainage facilities within it both existing and
as proposed by the City and the proposed construction schedule The initial design
information shall be given at least thirty 30 days before construction is scheduled to
begin except in cases of urgent construction or emergencies The Franchisee shall
respond to this notice and to any later notices of revised designs within twenty 20
days of the date of the notice by providing to the City the Franchiseesbest available
information as to the location of all the FranchiseesFacilities including all appurtenant
Facilities and service lines connecting its system to users and all Facilities that it has
abandoned within the area proposed for the project
135 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection of a contractor to perform the public
works project as well as all required adjustments removals or relocations of the
FranchiseesFacilities The City shall have sole authority to choose the contractor to
perform such work Such bid documents shall provide for an appropriate cost allocation
between the parties In addition to the Franchiseesallocation of contractor costs the
Franchisee shall reimburse the City for all costs to include but not be limited to legal
engineering inspections administration andor soils testing related to the Franchisees
work and reasonably incurred by the City in the administration of such joint construction
contracts Such costs shall include the direct salary cost of the time of City professionall
Exhibit D
Resolution No 3644
Page 5 of 11
and technical personnel including the Citys consultants spent productively engaged in
such work plus overhead costs at the standard rate charged by the City on other
similar projects
136 It is understood that emergency situations may arise that could
threaten public health andor continued operation of the Franchiseesutility system and
the Franchisee may be unable to notify the City in the manner prescribed in Section 14
of this Franchise In such a situation the Franchisee shall immediately correct the
hazardous situation and continue to use best efforts to contact the City staff The
Emergency Phone Number for the City of Pacific is 2539291110 and the City of
Auburn is 2539313048 Dialing 911 is advised for emergency situations
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority to enter the City
road rightsofway for the purpose of constructing installing operating maintaining
replacing or repairing its Facilities on the condition that it obtains construction
excavation and rightofway use permits issued by the City Any work performed
whether by Franchisee its contractors or third parties shall include necessary paving
patching grading and any other reasonably necessary repair or restoration to the City
rightsofway All work shall be done to the Citys satisfaction
142 All equipment lines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located within the City road rightsofway and owned by the Franchisee
shall be considered to be part of the Franchisees system and shall be the responsibility
of the Franchisee All permits for the construction installation operation maintenance
or repair of the Franchiseessystem shall be applied for and given in the name of the
Franchisee who will be responsible for all work done under the permit The Franchisee
remains responsible whether the work is performed by the Franchisee its contractors
or by third parties
143 When required by the Director the Franchisee shall post a bond to the
City in the amount sufficient for any road repair or restoration The amount of the bond
shall be set by the City and must be filed with the City before a permit will be issued
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including but not limited to Chapter
1312 PMC and the Citys Road Standards in force when the work is performed All
traffic control shall conform to the current edition of the Uniform Traffic Control Devices
in force when the work is performed
152 If work performed under this Franchise makes it necessary to turn off
or diminish water pressure to any fire hydrant the Franchisee shall notify the Citys Fire
Department by telephone and by written notice that water pressure or fire flow
conditions have been affected Except in the case of an emergency the notice shall be
Exhibit D
Resolution No 3644
Page 6 of 11
provided at least 48 hours prior to the water pressure being turned off or diminished If
more than one fire hydrant will be affected the Franchisee shall provide a map of the
affected area to the Fire Department Outofservicefire hydrants must be marked to
indicate that it is not operational
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofway in a condition reasonably
comparable to the condition of the City roads rightsofway existing immediately prior to
such disturbance If the Franchisee its contractors or third parties working under
permit should fail to diligently restore City road rightsofway to the satisfaction of the
City the City may make such repairs or restorations as are necessary to return the City
road rightsofway to a condition reasonably comparable to the condition of the City
roads rightsofway existing immediately prior to such disturbance Upon presentation
of an itemized bill for repairs or restorations including all applicable costs both direct
and indirect to include but not be limited to the cost of labor tools materials and
equipment the Franchisee shall pay the bill within sixtyfive 65 days
SECTION 17 GUARANTEE
The Franchisee shall guarantee work and materials furnished and completed by the
Franchisee under this Franchise for a period of two 2 years from the date the City
approves the work andor restoration
SECTION 18 INFORMATION ON LOCATION OF FACILITIES
Prior to the effective date of this Agreement the Franchisee shall provide the City with
all information requested by the City regarding the location of the Franchiseescurrent
Facilities including but not limited to copies of all record drawings for such Facilities If
the Franchisee performs any work to install repair reconstruct or replace Facilities in
the Franchise Area after this Agreementseffective date the Franchisee shall provide
the City with all information requested by the City regarding the location of those
Facilities including but not limited to copies of record drawings
SECTION 19 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such
excavation shall provide written notice to the other of the planned excavation affording
the other party the opportunity to share in the excavation provided that 1 such joint
use shall not unreasonably delay the work of the party causing the excavation to be
made 2 such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties and 3 either party may deny such request for safety
reasons
Exhibit D
Resolution No 3644
Page 7 of 11
SECTION 20 REIMBURSEMENT OF COSTS
The Franchisee shall reimburse and pay to the City the amount of actual administrative
expenses incurred by the City which are directly or indirectly related to the receipt
review and approval of this Franchise In the event of nonpayment thereafter the
Franchisee shall pay the Citys reasonable attorneys fees and other costs incurred in
collecting such amount Payment must be made within sixtyfive 65 days of the
Franchisees receipt of the Citys billlinvoice If payment is not paid in full within the
sixtyfive 65 days this Franchise shall become null and void
SECTION 21 BLASTING REQUIREMENTS
The Franchiseesright to construct install operate maintain and repair Facilities does
not preclude the City its agents or contractors from blasting grading or doing other
road work contiguous to the FranchiseesFacilities When practical the City shall give
the Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 22 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise the Franchisee shall establish two
or more reference marks to all monuments and markers of every nature relating to
subdivisions plats rightsofway and all other surveys The reference points shall be
located so that they will not be disturbed during any of Franchiseesoperations under
this Franchise The method of referencing monuments or other markers or points shall
be approved by the City before placement The replacement of all markers or
monuments disturbed during any construction of the Franchisee shall be made as
promptly as conditions permit The cost of monuments or markers lost destroyed or
disturbed and the expense or replacement with approved markers or monuments shall
be borne by the Franchisee
SECTION 23 RESERVATION OF RIGHTS
The City reserves the right upon thirty 30 days written notice to the Franchisee to
amend or modify the provisions or conditions of this Franchise to conform to any state
county federal or city statute ordinance rule or regulation The City may terminate
this Franchise upon thirty 30 days written notice to the Franchisee if the Franchisee
fails or refuses to comply with such amendment or modification
SECTION 24 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City No assignment shall be effective unless an acceptance by the
assignee of all rights conditions terms provisions and responsibilities contained within
the Franchise as well as surety bonds which the City deems necessary to be posted
are received The Citys approval of the assignment may be made subject to the
assigneesacceptance of new or modified terms of the Franchise
Exhibit D
Resolution No 3644
Page 8 of 11
SECTION 25 PENALTV FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term condition or responsibility under
this Franchise the City may provide the Franchisee with written notice of the Citys
intent to revoke the Franchise if the Franchisees failure is not cured within thirty 30
days of the date of the notice During the thirty 30 days following the date of the
notice the Franchisee shall have the opportunity to remedy the failure to comply A
public hearing shall be scheduled before the Pacific City Council at least thirty 30 days
following the notification on the issue of the revocation If at the hearing the City
Council finds that grounds exist to revoke the Franchise under this paragraph and that
the revocation is in the public interest the City Council may by Agreement revoke the
Franchise The revocation shall be effective ninety 90 days after the public hearing
SECTION 26 EXPIRATION AND RENEWAL
261 If the Franchisee requests a renewal of this Franchise prior to its
expiration date the City may at the Citys sole discretion extend the term of this
Franchise for up to one year beyond the expiration date to allow for processing of the
renewal If the City elects to extend the term of this Franchise written notice of the
extension shall be provided to the Franchisee prior to the Franchise expiration date
262 If the Franchisee has not requested a renewal of this Franchise prior to
its expiration date the City has the right upon thirty 30 days prior notice to the
Franchisee to remove or relocate any of the FranchiseesFacilities as is reasonably
necessary for the publicshealth welfare or safety or for the construction alteration or
improvement of the Franchise Area or for the construction or installation of lines or
facilities of other franchise holders The Franchisee shall be liable for costs incurred in
any removal or relocation of the FranchiseesFacilities under this section
263 Upon the expiration of this Franchise the Franchisee shall continue to
be responsible for the operation and maintenance of the Franchiseesexisting facilities
in the Franchise Area but shall not have the right to provide additional services This
Section and Sections 11 13 14 15 16 19 and 22 of this Franchise shall continue in
force until such time as the FranchiseesFacilities are removed from the Franchise
Area or abandoned in place with approval of the City
SECTION 27 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and local laws and
regulations including but not limited to the State Environmental Policy Act and the
Citys Environmental Standards and Ordinances
SECTION 28 NONDISCRIMINATIONCLAUSES
In all hiring or employment made possible or resulting from this Franchise there shall
be no discrimination against any employee or applicant for employment because of sex
sexual orientation age race color national origin marital status or the presence of any
Exhibit D
Resolution No 3644
Page 9 of 11
sensory mental or physical handicap unless based upon a bona fide occupation
qualification No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this agreement
on the grounds of sex sexual orientation race color national origin age except
minimum age and retirement provisions marital status or the presence of any sensory
mental or physical handicap
SECTION 29 NOTICES
Any notice or information required or permitted under this Franchise may be sent to the
following addresses unless otherwise specified
City of Pacific
City Community Development Director
100 3rd Avenue SE
Pacific Washington 98047
2539291110
City of Auburn
City Engineer
25 West Main Street
Auburn WA 980014998
2539313010
SECTION 30 ATTORNEYS FEES
If either party commences litigation against the other party relating to the performance
or alleged breach of this Franchise the prevailing party shall be entitled to all costs
including reasonable attorneys fees incurred relating to such litigation including those
incurred in any appeal
SECTION 31 SEVERANCE
If any term provision condition or portion of this Franchise is held to be invalid such
invalidity shall not affect the validity of the remaining portions of this Franchise which
shall continue in full force and effect unless the dominant purpose of the Franchise
would be prevented or the public interest would no longer be served as determined by
the City
SECTION 32 EFFECTIVE DATE
This Agreement having been introduced at least five days prior to its date of passage
and submitted to the city attorney and being approved by at least a majority of the
entire city council at a regular city council meeting shall take effect and be in force five
days after its passage approval and publication as required by law
SECTION 33 EXISTING UTILITIES
This Franchise shall govern Franchisees new and existing Facilities within the City of
Pacific
Exhibit D
Resolution No 3644
Page 10 of 11
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
King Cou shington
CITY OF PACIFIC
King County Washington
tvJjjœ771HOWARDERICKSONMAYOR1DateCIiJj
PETER B LEWIS MAYOR
—CT J —2003Date
ATTESTjATTEST
Danielle E Daskam CMC City Clerk
Exhibit D
Resolution No 3644
Page 11 of 11
ATTACHMENT 1
ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY HIGHWAY AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER OF
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN SECTION
31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN ANGLE POINT IN
THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED IN CITY
OF PACIFIC ANNEXATION ORDINANCE NUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE BOUNDARY
COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 3
THENCE SOUTH ALONG THE EAST LINE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC ORDINANCE 319 AND TO
A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE SOUTH LINE OF SAID
GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A DISTANCE OF 1300
FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY COMMON
TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER
2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 TO THE
SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36
TOWNSHIP 21 NORTH RANGE 4 EAST AND ALONG THE SOUTH LINE OF THE LANDS ANNEXED
TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A DISTANCE OF 70
FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON NORTHERN SANTA FE BNSF
RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A LINE
PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 36
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHTOFWAY
FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE OR
LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEY HIGHWAY A STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAYLINE A DISTANCE OF 150 FEET MORE
OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
Exhibit D Attachment 1
Resolution No 3644
1 of 2
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE OF
200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY
OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit D Attachment 1
Resolution No 3644
2of2
ATTACHMENT 2
PORTION OF A STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
IN THE NE QUARTER OF SECTION 36 TWP 21 N R 4E WM
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH
RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171 SAID CORNER BEING ON THE EAST
MARGINAL LINE OF THE EAST VALLEY HIGHWAY ALSO KNOWN AS STATE HIGHWAY NO5AND
AS A STREET SOUTHEAST
THENCE SOUTHWESTERLY 600 FEET MORE OR LESS ALONG SAID EAST MARGINAL LINE TO A
LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHTOFWAYFROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY RIGHTOFWAY LINE OF
SAID EAST VALLEY HIGHWAY A STREET SE
THENCE NORTHERLY ALONG SAID WESTERLY RIGHTOFWAYLINE A DISTANCE OF 600 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN
ORDINANCE NUMBER 1171
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit D Attachment 2
Resolution No 3644
Page 1 of 1
Exhibit E
INTERLOCAL AGREEMENT
regarding the
PROPOSED VISTA HEIGHTS DEVELOPMENT AT LAKELAND
City of Pacific and City of Auburn
This Agreement is entered into between the City of Pacific a municipal corporation
under the laws of Washington State hereinafter referred to as Pacific and the City of
Auburn a municipal corporation formed under the laws of Washington State hereinafter
referred to as Auburn
WHEREAS Pacific and Auburn have agreed that Auburn will assume SEPA lead
agency responsibilities for a proposed residential development known as Vista Heights
at Lakeland hereinafter referred to as the Development that is situated on adjoining
parcels one with tax identification number 3121059008 hereinafter referred to as Site
7 in Pacific and one with tax identification number 3121059006 hereinafter referred
to as Site 8 in Auburn and
WHEREAS Pacific and Auburn have agreed that Site 7 will be annexed into
Auburn and
WHEREAS Pacific and Auburn previously executed an Interlocal Agreement
dated July 24 2000 regarding Emergency Fire Flow Protection for Site 7 from Auburn
and domestic water service for Site 7 from Pacific and
WHEREAS upon completion of the Annexation Site 7 will be served with water
for domestic use and emergency fire flow protection by Auburn
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The Interlocal Agreement regarding Emergency Fire Flow Protection for the
Proposed Vista Heights Development At Lakeland City of Pacific and City ofAuburn is
superceded by this agreement
2 Pacific shall be responsible for collecting Auburnstraffic mitigation fee of 67771
per single family residential lot if building permits are issued by Pacific prior to the
completion of the annexation and the funds will be transmitted to Auburn
3 Auburn shall be responsible for collecting Pacificsparks mitigation fee of 60000
per singlefamily residential lot as authorized by applicable Pacific SEPA finding
Ordinance or Resolution if building permits are issued by Auburn subsequent to the
completion of the annexation and the funds will be transmitted to Pacific
Exhibit E
Resolution No 3644
Page 1 of 2
4 Pacific shall be responsible for assisting Auburn in obtaining clear title to the storm
water facilities and the underlying property that store and treat public storm water
5 Each participant to this Agreement shall indemnify and hold the other harmless from
and against any liability loss cost damage or expense of any kind and nature arising
out of injury to person or damage to property in any manner caused by the negligent
act or omission of the indemnifying individual participant to this Agreement in the
performance of its work or execution of its obligations under the terms of this
Agreement Each participant to this Agreement shall indemnify and hold the other
harmless from all damages which may occur as a result of any failure to comply with
the provisions of Chapter 8202 RCW or other applicable law
6 Should a dispute arise between the parties that cannot be resolved satisfactorily a
mediator mutually acceptable to the parties shall resolve the dispute through the use of
mediation at equal cost to each party Should the Parties not be able to satisfactorily
resolve the dispute through mediation the forum for resolution shall be the King County
Superior Court The prevailing party shall be entitled to attorney fees and costs
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF PACIFIC
King County Washington
l
PETER B LEWIS MAYOR tl d
H WARDRICKSON MAYOR
i J
Date C iJ tYI i ß3DateOCT2—2003
Jlruf
Danielle E Daskam CMC City Clerk
ATTESTATTEST
APP ED AS TPIt
Albert A Abuan City Attorney
Exhibit E
Resolution No 3644
Page 2 of 2
Return Address
City of Auburn
City Clerk
25 West Main
Auburn WA 98001
Exhibit F
Above this line reserved for recording information
BILL OF SALE
Reference if applicable
GrantorBorrower
GranteeAssigneeBeneficiary
Legal DescriptionlSTR
AssessorsTax Parcel ID
NA
City of Pacific
City of Anburn
SW Y 312105E
E 1 362104E
312105900790089016902590269027903690419044
9064906590669068
362104901890209044904590579059 9068
3621049018 9045
3354400680
to 21 rtvWT
WllosYI2
KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the
relocation of the water system Emergency Intertie Facility and for the consideration of
incorporating the facility into the City system and other good and sufficient considerationreceiptwhereofisherebyacknowledgedtheundersignedGrantorCityofPacifica
Municipal Corporation in King County Washington does by these presents hereby conveysetoverassigntransferandwarranttotheCityofAuburnaMunicipalCorporationin
King County Washington
STREETS
Lakeland Hills Way
Lakeland Hills Way
East Valley HighwayOravetzRd
Oravetz Place SE
S 376th ST
775 LF of 72 foot wide ROW725LFof60footwideROW
2650 LF of 70 foot wide ROW
744 LF of60foot wide ROW
1030 LF of 10 wide ROW
120 LF of30 foot wide ROW
Exhibit F
Resolution No 3644
Page 1 of3
STREETLIGHTS
Lakeland Hills Way
East Valley HighwayOravetzRd
WATER MAIN
Lakeland Hills Way
East Valley Highway
Oravetz Rd
Oravetz Place SE
7 each 400watt luminaire
4 each 250wattluminaire
6 each 400wattluminaire
4 each 250wattluminaire
I each ISOwatt luminaire
1650 LF of 12inchpipe
2000 LF of 12inchpipe900LFof12inchpipe
1250 LF of 12inchpipe
PRESSURE REDUCING STATION
Lakeland Hills Way One Water Pressure Reducing Station
STORM SEWER
Lakeland Hills Way
East Valley Highway
Oravetz Rd
920 LF of 24inch 740 LF of 18inch
380 LF of 12inchstonn pipe
141 LF of 24inch 1405 LF of 12inch
37 LF of 8inchstonn pipe
900 LF of 24inch and 156 LF of 12inchstonn pipe
STORM DETENTION PONDS
Lakeland Hills Way Detention Pond 1 Detention Pond 2 and
130 LF of 24inchstonn pipe
BRIDGE
East Valley Highway White Stuck River Bridge
and all appurtenances or any other associated public facility as shown on the public facility
extension plans constructed by Public or Private entities associated with the Pacific
Annexation Situated within the following described real property
See ATTACHMENTS I and 2 ATTACHED HERETO AND BY
THIS REFERENCE MADE A PART HEREOF
and the said Grantor hereby warrants that it is the sole owner of all the property above
conveyed that it has full power to convey the same and that it will defend the title ofthe
said Grantee against any and all persons lawfully making claim thereto and indemnify the
City ofAuburn for any costs including Attorney fees in defending title
Exhibit F
Resolution No 3644
Page 2 of3
IN WITNESS WHEREOF the Grantor has executed these presents this 0 dayofctDft2003
bJMayor
dkt I2X
Date
VALASTOFtj10J
City Attorney
STATE OF WASHINGTON
ss
County of King
On this day of 0 tcD 2003 before me the undersigned a Notary
Public in a or the State ofWashington personally appared fLoJtO S
D and iliMj 1 b¯to me known to be the
Mayor an City Clerk of the City of Pacific the municipal corporation of the State of
Washington in the forgoing instrument and acknowledged said instrument to be the free
and voluntary act and deed of said municipal corporation for the uses and purposes therein
mentioned and on oath stated that they are authorized to execute said instrument on behalf
of said municipal corporation
IN WITNESS WHEREOF I have hereto set my hand and affixed my official seal the date
hereinabove set forth
iM11AlA
A6rion1If
ExhibitF
Resolution No 3644
Page 3 00
tŁNtI IoPpo
Noary public anthe St of Washington
resdmg at M
My appointment expires 1
ATTACHMENT 1
PROPOSED ANNEXATION LEGAL DESCRIPTION
AREA IN VICINITY OF A STREET SOUTHEAST EAST VALLEY ROAD AND
LAKELAND HILLS WAY SOUTHEAST
THAT PORTION OF GOVERNMENT LOTS 3 AND 4 IN THE SOUTHWEST QUARTER
OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST W M AND THE EAST HALF OF
SECTION 36 TOWNSHIP 21 NORTH RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 IN
SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM SAID CORNER ALSO BEING AN
ANGLE POINT IN THE WEST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE NORTHWEST CORNER
OF THE LANDS DESCRIBED IN CITY OF PACIFIC ANNEXATION ORDINANCE NUMBER 319
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 A DISTANCE OF 1280 FEET MORE OR LESS TO THE
NORTHEAST CORNER OF SAID GOVERNMENT LOT 3
THENCE SOUTH ALONG THE EAST liNE OF SAID GOVERNMENT LOTS 3 AND 4 AND THE
BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF
AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC
ORDINANCE NUMBER 319 TO THE SOUTHEAST CORNER OF SAID CITY OF PACIFIC
ORDINANCE 319 AND TO A LINE PARALLEL WITH AND 825 FEET NORTHERLY OF THE
SOUTH LINE OF SAID GOVERNMENT LOT 4
THENCE WEST ALONG THE BOUNDARY COMMON TO SAID LANDS ANNEXED TO THE CITY
OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC
BY CITY OF PACIFIC ORDINANCE NUMBER 319 AND ALONG SAID PARALLEL LINE A
DISTANCE OF 1300 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 31
THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 31 AND THE BOUNDARY
COMMON TO THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN
ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE
NUMBER 226 TO THE SOUTHWEST CORNER OF SAID SECTION 31
THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 36TOWNSHIP21NORTHRANGE4EASTANDALONGTHESOUTHLINEOFTHELANDS
ANNEXED TO THE CITY OF PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 A
DISTANCE OF 70 FEET MORE OR LESS TO THE EAST LINE OF THE BURLINGTON
NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY100 FEET IN WIDTH
THENCE NORTH ALONG SAID EAST LINE OF THE BNSF RAILROAD RIGHTOFWAYTO A
LINE PARALLEL WITH AND 100 FEET NORTHERLY OF SAID SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 36
Exhibit F Attachment I
Resolution No 3644
Page of2
THENCE WEST ALONG LAST SAID PARALLEL LINE 100 FEET TO THE WEST LINE OF SAID
BURLINGTON NORTHERN SANTA FE BNSF RAILROAD RIGHTOFWAY
THENCE NORTH ALONG SAID WEST LINE OF THE BNSF RAILROAD RIGHTOFWAYA
DISTANCE OF 3280 FEET MORE OR LESS TO A LINE PARALLEL WITH AND 1884 FEET
SOUTHERLY WHEN MEASURED ALONG THE WEST LINE OF SAID RAILROAD RIGHTOF
WAY FROM THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE A DISTANCE OF 175 FEET MORE
OR LESS TO THE EAST RIGHTOFWAY LINE OF EAST VALLEY HIGHWAY N STREET SE
THENCE SOUTHERLY ALONG SAID EAST RIGHTOFWAY LINE A DISTANCE OF 150 FEET
MORE OR LESS TO THE NORTH BANK OF THE WHITE RIVER STUCK RIVER
THENCE NORTHEASTERLY ALONG SAID NORTH BANK OF THE WHITE RIVER A DISTANCE
OF 200 FEET MORE OR LESS TO THE LINE COMMON TO THE LANDS ANNEXED TO THE
CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF
PACIFIC BY CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST
WM
THENCE SOUTH ALONG SAID LINE COMMON TO THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2271 AND THE CITY OF PACIFIC BY
CITY OF PACIFIC ORDINANCE NUMBER 226 AND THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 31 A DISTANCE OF 700 FEET MORE OR LESS TO THE POINT
OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit F Attachment 1
Resolution No 3644
Page 2 02
p I¨I˜F ATTACHMENT 2
d
I
f
i
y
i
f
1 OOJHTYPIOOJHTY
SCALE I
j
500 t
Exhibit F Attachment 2
Resolution No 3644
Page 1 of 1
EXHIBIT G
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF PACIFIC FOR MAINTENANCE AND OPERATION
SERVICES ON A STREET SE
Pursuant to the Interlocal Cooperation Act codified as RCW 3934 this
Agreement is made and entered into this day by and between the CITY OF AUBURN
hereafter called AUBURN and the CITY OF PACIFIC hereafter called PACIFIC to
provide Right of Way maintenance and operation services on A Street SE as legally
described on Attachment 1 and shown on Attachment 2
WHEREAS PACIFIC will not have the organization and personnel to provide
Right of Way maintenance and operation services at the stated location and
WHEREAS PACIFIC desires to provide quality maintenance and operation
activities for its Right of Way and
WHEREAS AUBURN is able to provide such maintenance and operation
services for PACIFIC and
WHEREAS it is for the public benefit that AUBURN and PACIFIC cooperate to
provide safe and effective maintenance and operation activities and
NOW THEREFORE AUBURN and PACIFIC hereby agree
Exhibit G
Resolution NO3644
Page 1 of4
1 BASIC SERVICES
AUBURN will provide maintenance and operation activities at the area legal
activities described in Attachment 1 and shown on Attachment 2
A Locate underground facilities for utilities or other digging operations except the
Pacific waterlines
B Maintain public storm drainage facilities
C Maintain the existing street light system
D Maintain subgrade pavement and pavement markings
E Maintain signing per the Manual of Uniform Traffic Control Devices
2 AUBURN AND PACIFIC COORDINATION
AUBURN will identify a contact person to handle daytoday operational problems
related to the Basic Services PACIFIC will identify a contact person for the same
purposes Emergency work to protect the public safety will be handled as the
AUBURN contact person deems necessary
3 PERSONNEL AND EQUIPMENT
A AUBURN is acting herein as an independent contractor so that
1 Control of personnel standards of performance discipline and all other
aspects of performance shall be governed entirely by AUBURN
2 Except as described in Sections 3C below all persons rendering services
hereunder shall be for all purposes employees of AUBURN
B AUBURN shall furnish all personnel resources and materials deemed by
AUBURN as necessary to provide maintenance services as outlined in Section 1
above
C In the event AUBURN uses contract services to perform one or more of the Basic
Services for PACIFIC the appropriate supervision and inspection of the
contractorswork will be performed by AUBURN
Exhibit G
Resolution No3644
Page 2 of 4
4 PACIFICS RESPONSIBLlTIES
In support of AUBURN providing services for PACIFIC in Sections 1 and 2 PACIFIC
shall
A Authorize AUBURN to perform maintenance services outlined in Section 1 within
the City Limits of PACIFIC for the purposes of carrying out this Agreement
B PACIFIC will adopt by reference all AUBURN codes necessary to provide
authority for AUBURN to perform service of this Agreement
5 INDEMNIFICATION
A In executing this Agreement AUBURN does not assume liability or responsibility
for or in any way release PACIFICsresponsibility or liability which arises in part
from the existence validity or effect of PACIFICsordinances rule or
regulations In any such cause claim suit action and administration proceeding
commences PACIFIC shall defend the same at its sole expense and if judgment
is entered or damages are awarded against PACIFIC AUBURN or both
PACIFIC shall satisfy the sam3e including chargeable costs and attorneysfees
B PACIFIC shall indemnify and hold harmless AUBURN and its officers agents
and employees from and against any and all claims actions suits liability loss
costs and expense and damages of any nature whatsoever which are caused
by or result from a negligent act or omission of AUBURN its officers agents
and employees in performing services pursuant to this Agreement
6 NONDISCRIMINATION
AUBURN and PACIFIC certify that both agencies are equal opportunity employers
7 AUDITS AND INSPECTIONS
All records and documents with respect to this Agreement shall be subjected to
inspection review or audit by AUBURN or PACIFIC for the duration of this
Agreement
8 AMENDMENTS
The Agreement may be amended in writing at any time by mutual agreement of both
parties
Exhibit G
Resolution NO3644
Page 3 of 4
9 ENTIRE AGREEMENT
The two parties agree that this Agreement is a complete expression of the terms
hereto and any oral representations or understandings are not incorporated herein
10 AGREEMENT ADMINISTRATION
The parties shall appoint representatives to review Agreement performances and
resolve problems which cannot be dealt with by PACIFIC and AUBURNscontact
persons
11 INVALID PROVISIONS
If any provision of this Agreement is held invalid the remainder of the Agreement
shall not be affected thereby if such remainder would then continue to serve the
purpose and objective of the parties
IN WITNESS WHEREOF the parties have executed this Agreement effective as of the
date last written below
CITY OF AUBURN
Ki unty ton CITY OF PACIFIC
King County Washington
Date —CTJ 0 1Y12lezIC71
HOWARD ERICKSON MAYOR
I c
Date CD el
ATTEST
ØJ1d
Danielle E Daskam CMC City Clerk
AP
Daniel B Heid City Attorney
AEDAS 950
4 IIl0vLtic
Albert A Abuan City Attorney
Exhibit G
Resolution NO3644
Page 4 of 4
ATTACHMENT 1
PORTION OF A STREET SOUTHEAST WITHIN THE CITY OF PACIFIC
IN THE NE QUARTER OF SECTION 36 TWP 21 N R 4E WM
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 36 TOWNSHIP 21 NORTH
RANGE 4 EAST WM DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF
AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 1171 SAID CORNER BEING ON THE EAST
MARGINAL LINE OF THE EAST VALLEY HIGHWAY ALSO KNOWN AS STATE HIGHWAY NO5AND
AS A STREET SOUTHEAST
THENCE SOUTHWESTERLY 600 FEET MORE OR LESS ALONG SAID EAST MARGINAL LINE TO A
LINE PARALLEL WITH AND 1884 FEET SOUTHERLY WHEN MEASURED ALONG THE WEST LINE
OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHTOFWAYFROM THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36
THENCE WESTERLY ALONG SAID PARALLEL LINE TO THE WESTERLY RIGHTOFWAY LINE OF
SAID EAST VALLEY HIGHWAY fSTREET SE
THENCE NORTHERLY ALONG SAID WESTERLY RIGHTOFWAYLINE A DISTANCE OF 600 FEET
MORE OR LESS TO THE SOUTH LINE OF SAID LANDS ANNEXED UNDER CITY OF AUBURN
ORDINANCE NUMBER 1171
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Exhibit G Attachment 1
Resolution No 3644
Page 1 of 1
JIO0470 IIOIUOG4 IO—4JD
RIGHT F WAY
TO BE A NTAINE
BY AUB R
PACIFIC
3iIi
z AUBURNvSyV
100 200 ATTACHMENT 2
RIGHT OF WAY IN PACIFIC
TO BE MAINTAINED BY AUBURN
Exhibit G Attachment2
Resolution3644
Page 1 of 1
SCALE 1 200 Plotted MAY 2003
RESOLUTION NO 3 6 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON SUPERCEDING RESOLUTION NO
3543 AND AUTHORIZING THE MAYOR TO EXECUTE A
TURNOUT CONSTRUCTION AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF TACOMA WATER
DIVISION
WHEREAS Auburn and Tacoma are responsible for operating and
maintaining public water systems in accordance with federal state and local
laws and regulations and
WHEREAS the parties recognize that water resources are finite and
vulnerable and the prudent use and management of these resources requires
cooperation among water utilities and
WHEREAS Auburn and Tacoma entered into a Turnout Construction
Agreement authorized by City of Auburn Resolution No 3543 dated November
18 2002 for the construction of one turnout and
WHEREAS Auburn and Tacoma have determined that it would be
beneficial to construct two additional turnouts and
WHEREAS Auburn has water facilities in the vicinity of the Tacoma
Second Supply Project pipeline and Auburn will have an agreement with one or
more SSP Partner to purchase water that will be delivered via the SSP and
Resolution No 3637
August 28 2003
Page 1
pursuant to this agreement construction of the turnout to the SSP is set forth
which turnout will be used for delivering and metering the purchased water and
WHEREAS this agreement will supercede the Turnout Construction
Agreement authorized by City of Auburn Resolution No 3543 dated November
18 2002
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 This resolution shall supercede Resolution No 3543 and
authorizes the Mayor to execute the Turnout Construction Agreement between
the City and the City of Tacoma Water Division in substantial conformity with
the agreement attached hereto marked as Exhibit A and incorporated herein
by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Resolution No 3637
August 28 2003
Page 2
Dated and Signed this
ATTEST
day offS003
CITY OF AUBURN
PETER B LEWIS
MAYOR
Daielle E Daskam
City Clerk
APPROVED AS TO FORM
City Attorney
Resolution No 3637
August 28 2003
Page 3
TURNOUT
CONSTRUCTIONAGREEMENT
BETWEEN TACOMA WATER
AND CITY OF AUBURN
This agreement made and entered into this q day of c 2003 by and
between the City ofAuburn hereinafter referred to as Auburn and City ofTacoma
Water Division dba Tacoma Water and hereinafter referred to as Tacoma
WITNESSETH THAT
A RECITALS
WHEREAS Auburn and Tacoma are responsible for operating and maintaining
public water systems in accordance with federal state and local laws and
regulations and
WHEREAS the parties recognize that water resources are finite and vulnerable
and the prudent use and management ofthese resources requires cooperation
among water utilities and
WHEREAS Auburn and Tacoma have previously entered into a Turnout
Construction Agreement authorized by City ofAuburn Resolution No 3543
dated November 18 2002 for the construction ofone turnout and
WHEREAS Auburn and Tacoma have determined that it would be beneficial to
construct two additional turnouts and
WHEREAS Auburn has water facilities in the vicinity ofthe Tacoma Second
Supply Project SSP pipeline and Auburn will have an agreement with one or
more SSP Partner to purchase water that will be delivered via the SSP and
pursuant to this agreement construction ofthe turnout to the SSP is set forth
which turnout will be used for delivering and metering the purchased water
NOW THEREFORE IT IS MUTUALLY AGREED as follows
Bo The Turnout Construction Agreement between Tacoma Water and City ofAuburn
dated November 8 2002 and adopted by City ofAuburn Resolution 3543 dated
November 18 2002 is hereby superceded by this Agreement
C DEFINITIONS
The definition ofcertain terms when used in this agreement are as follows
TURNOUT means a physical connection between water mains ofthe two parties
to this agreement at specifically identified points where water may be transferred
Exhibit 1
Auburn Resolution No 7
1
from the supplies ofone system to the transmission or distribution facilities ofthe
other
ISOLATION VALVE means a positive shutoffvalve that shall be installed
immediately downstream ofthe water meter vault at the point in each water
system that is used to accept or deliver water through the turnout The isolation
valve is defined as part ofthe system connected to the turnout and not part ofthe
turnout Each connected system has sole responsibility for providing and
operating their isolation valve
TURNOUT CAPACITY means the maximum flow capacity for water to be
delivered through a turnout as agreed upon by the parties to this agreement
Turnout facilities shall be designed so as to be capable ofconveying no less than
the maximum agreed upon flow
SSP means the Second Supply Project to bring water to the SSP Partners
SSP ISOLATION VALVE means a positive shutoffvalve that shall be installed
at the point in each water system that is used to accept or deliver water through
the turnout The SSP isolation valve is defined as part ofthe system connected to
the turnout upstream ofthe meter vault Each connected system has sole
responsibility for providing the SSP isolation valve Tacoma will be responsible
for operating the SSP isolation valve
SSP PARTNERS refers to the City ofKent Tacoma Water Covington Water
District and Lakehaven Utility District
PURCHASE OF WATER FOR THIS TURNOUT
The purchase ofwater to be delivered via this subject turnout shall be by a
separate agreement with one or more ofthe SSP Partners and Auburn This
Turnout Construction Agreement does not guarantee any rights to use or purchase
water from any ofthe SSP Partners Tacoma will only allow Auburn its
successors and assigns to obtain water via the subject turnout after the applicable
SSP partner has advised Tacoma in writing that an acceptable agreement for water
purchase has been executed In delivering water via the subject tumouts Tacoma
will be relying on directions andor confirmation from the SSP partner as to the
timing and quantities ofwater deliveries and all other aspects ofproviding water
via the subject turnouts In the event ofa disagreement between Auburn and the
applicable SSP Partner pertaining to entitlement to continued water delivery via
the subject turnouts Tacoma is entitled to rely on the written directions or
instructions ofthe SSP partner Therefore Auburn agrees that it shall not file any
claim or legal action against Tacoma when Tacomas actions are consistent with
the written directions or instructions from the applicable SSP partner from which
Auburn has contractual arrangements to purchase water
Exhibit 1 2
Auburn Resolution No
E CONDITIONS
The TURNOUTS described in Exhibits A Bl B2 and B3 attached to
this agreement shall be governed by the terms of this agreement No
future TURNOUTS shall be permissible without a subsequent and
separate written agreement between the parties
The cost ofdesign and construction ofthe TURNOUTS and installation of
the meters shall be the responsibility ofAuburn and the design and
construction shall be subject to Tacomas review inspection and approval
o By this agreement Auburn agrees that the ownership ofthe SSP
ISOLATION VALVES directly off ofthe SSP Project piping from the
SSP ISOLATION VALVES to the meters or spools the meters or spools
meter vaults pipe stubs out from the vaults and telemetry shall be with
Tacoma see Exhibit A for more information with all capital costs to be
paid by Auburn Maintenance and operation ofthe SSP ISOLATION
VALVES piping and meters will be performed solely by Tacoma and
Aubum will be invoiced for such costs and shall reimburse Tacoma
Meter vault maintenance costs and any cost for maintaining any
equipment such as pumps buildings and other appurtenances downstream
ofthe meter shall also be the responsibility ofAuburn In addition in the
event any ofthe facilities require replacement or upgrading this cost is
Auburns responsibility In the event that access or other permits are
necessary for Tacoma to operate and maintain the subject facilities
Auburn shall provide the necessary permits which shall also become an
exhibit to this agreement See Exhibit A for a plan showing the facilities
and the responsibility of the parties
Upon completion ofthe construction ofthe Tumouts Tacoma will own
the meters and associated appurtenances necessary to monitor use ofthe
turnouts
Se Auburn shall comply with all applicable laws and requirements including
City ofTacoma ordinancesresolutions and Customer Service Policies
andor other rules applicable to aconnection to Tacomas water system
including but not limited to the requirements that Tacoma provide written
approval ofplans and specifications for the connection ofturnout facilities
prior to construction
o Auburn agrees that it shall make payment ofall invoices for services and
charges from Tacoma within 45 days ofthe invoice date Late payment
shall result in a late payment charge of 1 on the unpaid balance and
failure to pay any invoice or bill related to this agreement within 60 days
ofmailing may result in Tacomas termination ofwater service at the
turnout
Exhibit 1
Auburn Resolution No
3
Notices should be sent to Auburn and to Tacoma at the following
addresses
Water Superintendent
Tacoma Water
P O Box 11007
Tacoma WA 98411
o
10
11
Public Works Director
City ofAuburn
25 West Main
Auburn WA 980014998
Neither this Agreement nor any right or privilege herein shall be assigned
by any party without the written consent ofthe other parties
Uncontrollable forces or state or federal law changes may occur during the
time this Agreement is in place Neither ofthe parties hereto shall be
considered to be in default in respect to any obligations hereunder if
prevented from fulfilling such obligations by reason or uncontrollable
forces or material changes in state or federal law or enforcement thereof
Parties rendered unable to fulfill any obligation hereunder by reason ofan
uncontrollable force ormaterial change in state or federal law shall
exercise due diligence to deal with such uncontrollable force with all
reasonable dispatch and to take actions consistent with the purpose ofthis
agreement
This Agreement describes the entire relationship ofthe parties with regard
to the subject matter herein concerned Except as maybe explicitly
provided otherwise herein the parties are independent agencies and shall
not be deemed to be partners joint ventures principals or agents or each
other for any purpose whatsoever Each party shall have and maintain
sole and complete control over all ofits employees agents and operations
Except as may otherwise be explicitly provided herein or in separate
agreement each and all ofthe obligations responsibilities and liabilities
ofthe parties under and in connection with this Agreement are several
and not joint and no separate legal or administrative entity will be created
to fulfill the purposes ofthis Agreement
Except as expressly set forth in this Agreement none ofthe provisions of
this Agreement shall inure to the benefit or be enforceable by any third
party
Exhibit 1
Auburn Resolution No
4
12 The invalidity or unenforceability of any provision ofthis Agreement shall
not affect the other provisions hereof and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions
were omitted
13 No change amendment or modification or any provision ofthis
Agreement shall be valid unless set forth in a written amendment to this
Agreement signed by all parties
14 The SSP Partners must approve this Agreement
IN WITNESS WHEREOF the following parties have duly executed this
agreement on the date written above
City of Tacoma
Department of Public Utilities
Water Division
legality
City ofAuburn
Title fi
Approved by the SSP Project Partners at their Project Committee meeting held on
September 12 2003
Exhibit 1 5
Auburn Resolution No
EXItIBIT A
TURNOUT DESCRIPTION
Co
TURNOUT 1 A tumout between a 60 diameter water line owned by Tacoma
and a 16 diameter water line containing Auburn water The turnout is located at
the intersection of 132nd Avenue SE and SE 296th Street extended The turnout
consists of 12 diameter piping with 12 diameter valves to control flow A 6
inch diameter water meter will be used to measure the volume ofwater
transferred between the two systems The meter will be contained in a concrete
vault buffed in the Second Supply Pipeline rightofway Second Supply Pipeline
construction drawings 151962and 151969are attached and show the detail for
the turnout vault construction
The turnout is designed to be capable ofconveying at least 3000 gallons per
minute from Tacoma owned facilities to Auburn with approximately 125foot
differential in hydrostatic pressure under normal operating conditions
TURNOUT 2 A 12inchturnout connection located on the east side ofB Street
NW and approximately 32nd Street NW between Tacomas 60diameter Second
Supply Pipeline and Auburns 16 diameter water line in B Street An 8inch
diameter water meter will be used to measure the volume ofwater transferred
between the two systems Second Supply Pipeline construction drawings 1525
29 and 152162are attached and show the details for the turnout vault
construction
The turnout is designed to be capable of conveying at least 8300 gallons per
minute from Tacoma owned facilities to Auburn with approximately 405foot
differential in hydrostatic pressure under normal operating conditions
TURNOUT 3 A 12inchturnout connection located at approximately K Street
NE and approximately 32na Street NE between Tacomas 60 diameter Second
Supply Pipeline and Auburns adjacent water line An 8inchdiameter water
meter will be used to measure the volume ofwater transferred between the two
systems Second Supply Pipeline construction drawings 152529and 152166
are attached and show the details for the turnout vault construction
The turnout is designed to be capable ofconveying at least 8300 gallons per
minute from Tacoma owned facilities to Auburn with approximately 405foot
differential in hydrostatic pressure under normal operating conditions
Exhibit 1 6
Auburn Resolution No
3AV pu l
I
I
m m m lm mm m m m m mm m
m m I I i m m m m m
OOT
Exhibit B1
General Vicinity Map ofTumout 1 Facilities
SSP construction drawing 151923
Exhibit 1
Auburn Resolution No
7
I II
Exhibit B2
General Vicinity Map ofTurnout 2 Facilities
SSP construction drawing 152162
Exhibit 1
Auburn Resolution No
8
o
I
I
I
I III
I I
I
Exhibit B3
General Vicinity Map ofTurnout 3 Facilities
SSP construction drawing 152166
Exhibit 1
Auburn Resolution No
9
o g g o
RESOLUTION NO 3 6 1 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO
EXECUTE AN EMERGENCY WATER SYSTEM INTERTIE
AGREEMENT BETWEEN THE CITY OF AUBURN AND KING
COUNTY WATER DISTRICT NO 111
WHEREAS Auburn and King County Water District No 111 have legal
authority to exercise their powers and perform any of their functions as set forth
in RCW 3934 the Interlocal Cooperation Act and
WHEREAS pursuant to RCW 3934 Auburn and King County Water
District No 111 have legal authority to cooperate with other localities on the
basis of mutual advantage and provision of services and
WHEREAS the City of Auburn and King County Water District No 111
currently have water facilities in the vicinity and
WHEREAS both agencies can increase fire protection and emergency
water supply reliability for their customers and
WHEREAS both agencies are willing to provide the necessary services
to increase fire fighting and emergency supply reliability upon the terms and
conditions set forth in the Emergency Water System Intertie Agreement
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Resolution No 3614
May142003
Page 1
Section 1 Pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn and King County Water District No 111 have legal authority to
cooperate with other localities on the basis of mutual advantage and provision
of services
Section 2 The Mayor is hereby authorized to execute an Emergency
Water System Intertie Agreement between the City and King County Water
District No 111 in the form substantially as the agreement attached hereto
marked as Exhibit A and incorporated herein by this reference
Section 3 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 4 That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Resolution No 3614
May 14 2003
Page 2
DATED this day of ctcrc 2003
CITY OF AUBURN
ATTEST
ldETIEI B LEWI
MAYOR
Dahielle E Daskam
City Clerk
APPROVED AS TO FORM
1 Heid
City Attorney
Resolution No 3614
May 14 2003
Page 3
EXHIBIT A
EMERGENCY WATER SYSTEM INTERTIE AGREEMENT
Water District No 111Auburn Intertie Agreement No 1
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as Auburn and the Water District No 111 hereinafter referred to
as the District for the purposes of maintaining and operating emergency system
interties between the respective parties
WlTNESSETH
WHEREAS Auburn and the District executed an interlocal agreement regarding
the Duberry Hill Development Project on July 17 2000 and
WHEREAS Section Ib of that agreement states that a new interlocal
agreement shall be adopted for the operation of the emergency interties established
under that agreement and
WHEREAS both Auburn and the District have water facilities in the vicinity and
WHEREAS the District can increase fire protection and emergency water supply
reliability for their customers in the Duberry Hill development and
WHEREAS Auburn can increase fire protection and emergency water supply
reliability for their customers in the vicinity of the Duberry Hill development when the
District connects the development to the District water system and
WHEREAS Auburn and the District are willing to provide the necessary services
to increase fire fighting and emergency supply reliability upon the terms and conditions
set forth herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
Interlocal Agreement regarding the Duberry Hill Development Project
between the City of Auburn and Water District No 111 dated July 17
2000 and adopted by City of Auburn Resolution No 3237 is hereby
superceded by this Agreement
The emergency water system interties are to be operated manually as a
emergency supply whereby Auburn can supply water to the Duberry Hill
development for the District and the District can provide water to the
Aubum system once the District connects its system to the Duberry Hill
development There are two intertie facilities which are located near the
intersection of 124th Avenue SE and SE 300th and the intersection of 127th
Place SE and SE 300th at the Water Service Area Boundary between
Auburn and the District
Page 1 of 4
Exhibit A
Resolution No 3614
The emergency water system interties shall be closed during nOrmal
operating conditions and will be opened only with prior authorization by
Aubum or the District in the event of an emergency For purposes of this
agreement an emergency shall be defined as resultingfrom aWater
shortage not to exceed seven 7 calendar days a major water line
break fire demand contamination to the water supply system mechanical
equipment failure electrical equipment failure or Puget Sound Energy
facility failure or any other agreed upon emergency within the water
supply system
The two valves that constitute the emergency water system interties and
all piping leading up to the valves from the Auburn distribution system
shall be owned and maintained by Auburn All piping leading up to the
valves from the District distribution system shall be owned and operated
by the District
The procedure for operating the intertie in the event of such emergency
shall be as follows
Auburn or the District shall determine that an emergency of
sufficient magnitude has occurred which warrants the need to
request that the intertie be activated
B Authorized personnel shall provide a verbal request to the system
that will be supplying the water Upon agreement that an
emergency exists which shall allow for the intertie to be opened the
intertie will be activated as soon as reasonably possible Personnel
from Auburn and the District shall be present to activate the
valves
The party requesting emergency water shall provide a written
confirmation of the request not less than 24 hours after the verbal
requestoron the first day of normal business after the verbal
request
The intertie shall remain activated until the party requesting
emergency water determines that the need for activation of the
emergency intertie has ceased and shall request in writing that the
intertie be closed
In case of emergency or whenever the public health safety or the
equitable distribution of water so demands either party may
change reduce or limit the time for or temporarily discontinue the
supply of water without notice water service may be temporarily
Page 2 of 4
interrupted limited for purposes of making repairs extensions or
doing other necessary work and shall not be responsible for any
damage resulting from interruption change or failure of the water
supply and the receiving party shall save and hold harmless the
providing party from any loss damages or suits to or by customers
of the receiving party resulting from interruption change or failure
of water supply provided by this Agreement except damages
arising out of the providing partys negligence Prior to a planned
interruption or limiting of service the providing party will notify the
receiving party of such not less than three days prior to the service
disruption The providing party agrees to use best efforts and
reasonable diligence to notify the receiving party as soon after it
becomes aware of the need for service disruption and further will
to the extent practical limit the service disruption to daylight hours
To the extent allowed by law the District shall defend indemnify and hold
harmless Auburn its elected officials employees and agents from and
against any and all suits claims actions losses costs expenses of
litigation attorneys fees penalties and damages of whatsoever kind or
nature arising out of or in connection with or incident to an act or omission
of the District its employees agents and contractors in the performance
of the Districts obligations under this Agreement This indemnification
provision shall include but is not limited to all claims against Auburn by
an employee or former employee of the District or its contractors and as
to such claims the District expressly waives all immunity and limitation of
liability under Title 51 RCW
To the extent allowed by law Auburn shall defend indemnify and hold
harmless the District its elected officials employees and agents from and
against any and all suits claims actions losses costs expenses of
litigation attorneys fees penalties and damages or whatsoever kind or
nature arising our of in connection with or incident to an act or omission of
Auburn its employees agents and contractors in the performance of
Aubums obligations under this Agreement This indemnification
obligation shall include but is not limited to all claims against the District
by an employee or former employee of Auburn or its contractors and as to
such claims Auburn expressly waives all immunity and limitation of liability
under Title 51 RCW
This Agreement shall remain in force until terminated by either party
hereto upon 60days written notice to the other party
Page 3 of 4
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
Mayor Date
WATER DISTRICT NO 111
King County Washington
City AttOrney Da By
Approved as to form
General Counsel Date
HWQWATERUTILITYINTERTIESWD111DUBERRYEIA 051403DOC
Page 4 of 4
RESOLUTION NO 3 6 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY AND VOICESTREAM
PCS III CORPORATION FOR THE PURPOSE OF
LEASING SPACE ON THE LAKELAND HILLS WATER
TOWER FOR COMMUNICATION EQUIPMENT
WHEREAS the City of Auburn has facilities from which cellular and
telecommunication equipment could be attached and
WHEREAS Voicestream PCS III Corporation has sought use of such
facilities and has negotiated an agreement for use thereof with terms
acceptable to the City
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES as follows
Section 1 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Lease Agreement between the City and VoiceStream
PCS III Corporation for the purpose of leasing space on the Lakeland Hills
water tower for communication equipment in substantial conformity with the
agreement attached hereto marked as Exhibit I and incorporated herein by
this reference
Resolution No 3649
November 7 2003
Page 1
Section 2 That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation
SECTION 3
upon passage and signatures hereon
Dated and Signed this z day
That this Resolution shall take effect and be in full force
2003
ATTEST
UBURN
MAYOR
Dahlelle E Daskam
City Clerk
Daniel B Heid
City Attorney
Resolution No 3649
November 7 2003
Page 2
Exhibit I
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENTLease is by and between City of Auburn Landlord and
VoiceStream PCS III Corporation a Delaware corporation Tenant
1 Lease Aqreement t
a Landlord hereby leases to Tenant a portion of the real property legally described as follows THE
SOUTH 17500 FEET OF THE EAST 11000 FEET OF THE WEST 139300 FEET OF THE
SOUTHEAST QUARTER OF SECTION 31 TOWNSHIP 21 NORTH RANGE 5 EAST WM CITY OF
AUBURN RECORDS OF KING COUNTY WASHINGTON collectively referred to hereinafter as the
Property The lease includes the right to operate a personal communications service antenna
installation on the Landlordswater reservoir on the terms and conditions set forth herein
b The Tenant agrees to the lease subject to the following terms and conditions Landlord hereby
leases to Tenant the use of that portion of the Property as generally described and depicted in the
attached Exhibit A collectively referred to hereinafter as the Lease Area The Lease Area located at
Lakeland Hills Water Reservoir facility Auburn Washington comprises approximately an area not to
exceed 2740 square feet
c The lease shall be nonexclusive and shall not preclude the Landlord from granting a similar lease
right license franchise etc to other carriers or other persons for telecommunications or any other
purpose
2 Term The initial term of this Lease shall be five 5 years commencing on the date of execution of
the Agreement the Commencement Date and terminating at midnight on the last day of the initial term
the Initial Term
3 Antenna Facilities Tenant may use the Lease Area for the transmission and reception of radio
communication signals and for the construction installation operation maintenance repair removal or
replacement of related facilities necessary for the operation of a telecommunications facility as well as for
access and utilities Tenant may only place its ground based telecommunications equipment within the
portion of the Lease Area identified as the Compound on Exhibit A Tenant may install and maintain
landscape plantings within the Lease Area In addition to using the Lease Area Tenant may utilize the
Property to install and use underground conduits that begin at the Lease Area cross the Property in a
generally straight line to the base of the water reservoir Reservoir and then extend up the side of the
Reservoir to antennas which Tenant will install on the railing of the Reservoir as shown in Exhibit A
hereinafter referred to as Antenna Facilities
4 Rent Tenant shall pay Landlord as rent Twelve Thousand and no100dollars 1200000 per
year Rent Rent shall be payable within twenty 20 days following the Commencement Date and
thereafter the Rent will be payable yearly no later than the anniversary of the Commencement Date to
City of Auburn Water Utility Fund Account Number 430369900 at Landlordsaddress specified in
Section 12 below The Rent shall increase annually over the Rent payable the preceding year by not less
than three and one half percent 35 If the average increase in the Consumer Price Index Urban for
the Seattle Tacoma Bremerton area CPI is greater than three and one half percent 35 over the
period of the Term or any Renewal Term then the rate at which the Rent is increased annually during
the following Renewal Term shall be adjusted to that CPI based average percentage rate If the average
increase in the CPI is less than or equal to three and one half percent 35 over the period of the Term
or any Renewal Term then the rate at which the Rent is increased annually during the following Renewal
Term shall be three and one half percent 35 It shall be the responsibility of the Landlord to track the
CPI and notify the Tenant of increases or reductions in the Rent Landlord shall notify Tenant within 90
Exhibit I
Resolution No 3649
Page 1 of 10
days of the commencement of the Renewal Term as to the revised rate at which the Rent shall be
increased annually thereafter Landlord will invoice Tenant for back Rent due or refund over payment as
necessary to correct the payment received for the first year of the Renewal Term Ifat any time the CPI
ceases to incorporate a significant number of items if a substantial change is made in the method of
establishing the CPI or if issuance of the CPI shall be discontinued then the Landlord and Tenant shall
mutually agree upon another standard recognized cost of living index issued by the United States
Government provided that if the parties cannot reach agreement on such other standard cost of living
index then the Landlord shall select the index closest to the CPI In either case the substitute index
chosen shall result in increases in the Rent similar to those that had been or would have been generated
by the CPI Ifthis Lease is terminated at a time other than on the anniversary of the Commencement
Date Rent shall be prorated as of the date of termination for any reason other than a default by Tenant
and all prepaid Rent shall be refunded to Tenant within sixty 60 days
5 Renewal Tenant may extend this Lease for 5 additional fiveyear terms each a Renewal
Term Each Renewal Term shall be on the same terms and conditions as set forth herein including the
Rent increase set forth in Section 4 above This Lease shall automatically renew for each successive
Renewal Term unless Tenant notifies Landlord in writing of Tenantsintention not to renew this Lease at
least ninety 90 days prior to the expiration of the Initial Term or any Renewal Term Landlord may
during any Renewal Term notify Tenant in writing of Landlordsintention not to renew this Lease for an
additional Renewal Term which notice shall be provided to Tenant at least one hundred and eighty 180
days prior to the expiration of the then in effect Renewal Term If Tenant shall remain in possession of
the Lease Area at the expiration of this Lease or any Renewal Term without a written agreement such
tenancy shall be deemed a monthtomonthtenancy under the same terms and conditions of this Lease
6 Interference Tenant shall not use the Lease Area in any way which interferes with the use of the
Property by Landlord TenantsAntenna Facilities and the use thereof shall not interfere with the use of
any other communication or similar equipment of any kind and nature owned or operated by Landlord or
other lessee licensees franchisees etc on the Property except as might be permitted by applicable
laws provided however that subsequent to the installation by Tenant of the Antenna Facilities Landlord
agrees to exercise reasonable care to assure equipment of subsequent providers leasing space on the
Property does not interfere with Tenants Antenna Facilities operations The Landlord however is not in
any way responsible or liable for any interference with Tenants use of Landlords Property which may be
caused by the use and operation of any other tenantsequipment even if caused by new technology In
the event that any other tenantsactivities interfere with Tenantsuse of Landlordsproperty and Tenant
cannot work out this interference with other tenants Tenant may upon 30 days notice to Landlord
terminate this lease and restore the LandlordsProperty to its original condition reasonable wear and tear
excepted
7 Improvements Utilities Access
a Tenant shall have the right at its expense to erect and maintain on the Lease Area
improvements personal property and facilities necessary to operate its communications system
including equipment shelters andor cabinets and related cables and utility lines and a location based
system including coaxial cable base units and other associated equipment as such location based
system may be permitted by any county state or federal agencydepartment Tennant shall have the
right at its expense to erect and maintain on the Property including on Landlordswater reservoir
improvements personal property and facilities necessary to operate its communications system
including radio transmitting and receiving antennas and related cables and conduits and other associated
equipment as such location based system may be permitted by any county state or federal
agencydepartment Tenant shall have the right to alter replace and expand within the confines of the
Lease Area as defined in Section 1 and without interference to other providers tenants enhance and
upgrade the Antenna Facilities at any time during the term of this Lease Tenant shall cause all
construction to occur lienfree and in compliance with all applicable laws and ordinances Landlord
acknowledges that it shall not interfere with any aspects of construction including attempting to direct
construction personnel as to the location of or method of installation of the Antenna Facilities The
Exhibit I
Resolution No 3649
Page 2 of 10
Antenna Facilities shall remain the exclusive property of Tenant Tenant shall have the right to remove
the Antenna Facilities at any time during and upon the expiration or termination of this Lease
b Tenant at its expense may use any and all appropriate means of restricting access to the
Compound including without limitation the construction of a fence
c Tenant shall at Tenantsexpense keep and maintain the Lease Area and Antenna Facilities now
or hereafter located on the Property in commercially reasonable condition and repair during the term of
this Lease normal wear and tear excepted Upon termination or expiration of this Lease the Lease Area
and Antenna Facilities areas shall be returned to Landlord in good usable condition normal wear and
tear excepted within ninety 90 days
d Tenant shall have the right to install utilities power and telephone at Tenantsexpense and to
improve the present utilities on the Property including but not limited to the installation of emergency
power generators Landlord agrees to cooperate with Tenant in its reasonable efforts to acquire
necessary utility service Tenant shall wherever practicable install separate meters for utilities used on
the Property by Tenant Landlord shall diligently correct any variation interruption or failure of utility
service within Landlordscontrol
e Prior to installation of equipment Tenant shall submit for Landlord review and approval which
approval shall not be unreasonably withheld or delayed an electrical and grounding connection plan that
assures no interference with the water tank cathodic protection system The plan shall include a 3
minimum diameter common use conduit enclosure for cables from the ground level to top of tank This
conduit may be utilized by other telecommunication providers until such time as it is filled to capacity at
which time new providers will need to pay for upsizing Upon Landlord approval of the plans Tenant may
proceed to install and operate the Antenna Facilities
fTennantshall have the right during the Initial Term and of this Lease and any Renewal Term for
ingress and egress to the Property over the south fifteen 15 feet of Lot 6 Lakeland Hills Division
Number 3 Extension according to the plat thereof recorded in Volume 145 of Plats pages 72 and 73 in
King County Washington
g Tenant shall have 24hoursaday 7daysaweek access to the Lease Area Access at all
times during the Initial Term of this Lease and any Renewal Term In the event Landlord its employees
or agents unreasonably deny Access to Tenant its employees or agents Tenant shall without waiving
any other rights that it may have at law or in equity deduct from Rent amounts due under this Lease an
amount equal to fifty and no100dollars per day for each day that Access is impeded or denied Access
to Landlord facilities beyond the Lease Area including but not limited to the water reservoir site and the
water reservoir require 48 hours notice to the Water Division Supervisor of the City of Auburn Water
Utility phone 2539313066 Access to Landlord facilities will only occur with Landlord supervision
Tenant agrees to reimburse Landlord for Landlord expenses attributed to supervising Tenant while
accessing Landlord facilities The hourly rate for Landlord supervision during City standard office hours
will be 3150 per hour in calendar year 2003 The hourly rate shall increase annually on January 1st over
the hourly rate payable the preceding year by not less than three and one half percent 35 or the CPI
Urban for the Seattle Tacoma area whichever is the greater unless a different hourly rate amount is
negotiated
8 Termination Except as otherwise provided herein this Lease may be terminated without any
penalty or further liability as follows
a upon thirty 30 days written notice by Landlord if Tenant fails to cure a default for payment of
amounts due under this Lease within that thirty 30 day period
b immediately if Tenant notifies Landlord of unacceptable results of any title report environmental or
soil tests prior to Tenantsinstallation of the Antenna Facilities on the Lease Area or if Tenant is unable to
Exhibit I
Resolution No 3649
Page 3 of 10
obtain maintain or otherwise forfeits or cancels any license including without limitation an FCC
license permit or any Governmental Approval necessary to the installation andor operation of the
Antenna Facilities or Tenantsbusiness
c upon ninety 90 days written notice by Tenant if the Lease Area or the Antenna Facilities are or
become unacceptable under Tenantsdesign or engineering specifications for its Antenna Facilities or the
communications system to which the Antenna Facilities belong
d immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are
destroyed or damaged so as in Tenantsreasonable judgment to substantially and adversely affect the
effective use of the Antenna Facilities In such event all rights and obligations of the parties shall cease
as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement on a
prorated basis of any Rent prepaid by Tenant If Tenant elects to continue this Lease then all Rent shall
abate until the Lease Area andor the Antenna Facilities are restored to the condition existing immediately
prior to such damage or destruction or
e at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a
portion of the Property sufficient in Tenantsdetermination to render the Lease Area unsuitable for
Tenantsuse Landlord and Tenant shall each be entitled to pursue their own separate awards with
respect to such taking
f Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of Landlords
responsibility to provide its services and Landlord has no reasonable or economical alternative site
available provided Landlord provides Tenant written notice 12 months in advance of Landlordsneed to
re establish the Landlordssole use of the Lease Area Upon Tenantsreceipt of written notice Tenant
shall have six 6 months to submit to Landlord alternative locations for its Antenna Facilities Such
alternative locations may be on the Property or other properties owned or managed by Landlord Landlord
shall evaluate such alternatives and advise Tenant in writing if one or more of the alternatives is suitable to
accommodate TenantsAntenna Facilities If so requested by the Landlord Tenant shall submit additional
relevant information to assist the Landlord in making such evaluation Landlord shall give each alternative
proposed by Tenant full and fair consideration within a reasonable time so as to allow for the relocation work
to be performed in a timely manner In the event Landlord ultimately determines not less than ninety 90
days from the termination date that there is no other reasonable alternative Tenant shall remove its Antenna
Facilities as otherwise provided in this Section 7 c of this Lease If an alternative location for Tenants
Antenna Facilities is found Landlord and Tenant agree to enter into a new Lease Agreement with the same
terms and conditions ofthis Lease
g If for reasons related to public health safety or welfare or for any operational need of the Water
Utility Landlord determines that this Lease must be terminated then Landlord reserves rights of unilateral
termination and will do so by providing Tenant with a six month written notice
h Tenant shall be entitled to a pro rata refund of its prepaid Rent for any termination of this Lease by
Landlord pursuant to Subsection 8for 8g
9 Default and Riqht to Cure Notwithstanding anything contained herein to the contrary and without
waiving any other rights granted to it at law or in equity each party shall have the right but not the
obligation to terminate this Lease on written notice pursuant to Section 12 hereof to take effect
immediately if the other party ifails to perform any covenant for a period of thirty 30 days after receipt
of written notice thereof to cure or ii commits a material breach of this Lease and fails to diligently
pursue such cure to its completion after sixty 60 days written notice to the defaulting party
10 Taxes Landlord shall pay when due all real property taxes or other fees and assessments for
the Property including the Lease Area In the event that Landlord fails to pay any such real property
taxes or other fees and assessments Tenant shall have the right but not the obligation to pay such
owed amounts and deduct them from Rent amounts due under this Lease Notwithstanding the
Exhibit I
Resolution No 3649
Page 4 of 10
foregoing Tenant shall pay any personal property tax State leasehold tax excise tax real property tax or
any other tax or fee which are directly attributable to the presence or installation of the TenantsAntenna
Facilities only for so long as this Lease has not expired of its own terms or is not terminated by either
party Landlord hereby grants to Tenant the right to challenge whether in a Court Administrative
Proceeding or other venue on behalf of Landlord andor Tenant any personal property or real property
tax assessments State leasehold tax or excise tax that may affect Tenant If Landlord receives notice of
any personal property or real property tax assessment State leasehold tax or excise tax against the
Landlord which may affect Tenant and is directly attributable to Tenantsinstallation Landlord shall
provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge
such assessment Further Landlord shall provide to Tenant any and all documentation associated with
the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of
this Section 10
11 Insurance and Subroqation and Indemnification
a Tenant shall provide Commercial General Liability Insurance naming Landlord the City of Auburn
as additional insured in an aggregate amount of Two Million and no100dollars 200000000 Tenant
may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability
insurance Tenant may maintain
b Tenant shall indemnify protect defend and hold Landlord and its employees and agents harmless
from and against any and all claims liabilities judgments costs damages and expenses including
reasonable attorneysfees arising out of or in any way related to the Antenna Facilities including but not
limited to the installation maintenance operation or removal thereof except to the extent that such
claim liability judgment cost damage or expense arises out of the sole negligent act or omission or
willful misconduct of Landlord or its employees or agents Landlord shall not be liable to Tenant its
agents employees and contractors for damage to the Antenna Facilities or any other property belonging
to Tenant from any cause except for any damage caused by the sole negligent act or omission or willful
misconduct of Landlord or its employees or agents Tenant waives all claims against Landlord and its
employees and agents for damage to persons or Antenna Facilities or property arising for any reason
other than a claim based on the sole negligent act or omission or willful misconduct of Landlord or its
employees or agents Landlord and its employees and agents shall have no liability to Tenant for any
interruption of any utility service unless solely caused by the negligent act or omission or willful
misconduct of Landlord or its employees or agents
Should a court of competent jurisdiction determine that this Lease is subject to RCW 424115then 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 Tenant and the Landlord its officers officials
employees and volunteers the Landlordsliability hereunder shall be only to the extent of the Landlords
negligence It is further specifically and expressly understood that the indemnification provided herein
constitutes the Tenantswaiver of immunity under Industrial Insurance Title 51 RCW solely for the
purposes of this indemnification This waiver has been mutually negotiated by the parties The
provisions ofthis section shall survive the expiration or termination of this Lease
12 Notices All notices requests demands and other communications shall be in writing and are
effective three 3 days after deposit in the US mail certified and postage paid or upon receipt if
personally delivered or sent by nextbusinessday delivery via a nationally recognized overnight courier to
the addresses set forth below Landlord or Tenant may from time to time designate any other address for
this purpose by providing written notice to the other party
Exhibit I
Resolution No 3649
Page 5 of 10
If to Tenant to
VoiceStream Wireless Corporation
Attn PCS Lease Administrator
12920 SE 38th Street
Bellevue WA 98006
With a copy to
VoiceStream Wireless Corporation
Attn Legal Department
12920 SE 38th Street
Bellevue WA 98006
If to Landlord to
Public Works Director
City of Auburn
25 West Main St
Auburn WA 98001
With a copy to
VoiceStream PCS III Corporation
Attn Lease Administration Manager
19807 North Creek Parkway
Bothell WA 98011
With a copy to
City Attorney
City of Auburn
25 West Main St
Auburn WA 98001
13 Quiet Enjoyment Title and Authority Landlord covenants and warrants to Tenant that i
Landlord has full right power and authority to execute this Lease ii it has good and unencumbered title
to the Property free and clear of any liens or mortgages except those disclosed to Tenant and which will
not interfere with Tenantsrights to or use of the Lease Area and iii execution and performance of this
Lease will not violate any laws ordinances covenants or the provisions of any mortgage lease or other
agreement binding on Landlord
14 Environmental Laws Landlord represents that it has no knowledge of any substance chemical
or waste collectively Hazardous Substance on the Property that is identified as hazardous toxic or
dangerous in any applicable federal state or local law or regulation Landlord and Tenant shall not
introduce or use any Hazardous Substance on the Property in violation of any applicable law Landlord
shall be responsible for and shall promptly conduct any investigation and remediation as required by any
applicable environmental laws for all spills or other releases of any Hazardous Substance not caused in
whole or in part by Tenant that have occurred or which may occur on the Property Each party agrees to
defend indemnify and hold harmless the other from and against any and all administrative and judicial
actions and rulings claims causes of action demands and liability collectively Claims including but
not limited to damages costs expenses assessments penalties fines losses judgments and
reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any
Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties
or the release of any Hazardous Substance into the environment collectively Actions that relate to or
arise from the indemnitorsactivities on the Property Landlord agrees to defend indemnify and hold
Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant
prior to and during the Initial Term and any Renewal Term of this Lease The indemnifications in this
section specifically include without limitation costs incurred in connection with any investigation of site
conditions or any cleanup remedial removal or restoration work required by any governmental authority
This Section 14 shall survive the termination or expiration of this Lease
15 Assignment and Subleasing All of the terms and provisions contained herein shall inure to the
benefit of and shall be binding upon the parties hereto and their respective heirs legal representatives
successors and assigns This Agreement shall not be assigned by Tenant without the express written
consent of the Landlord which consent shall not be unreasonably withheld delayed or conditioned Any
attempted assignment in violation of this Section shall be void The transfer of the rights and obligations
of Tenant to a parent subsidiary or other affiliate of Tenant or to any successorininterestor entity
Exhibit I
Resolution No 3649
Page 6 of 10
acquiring fiftyone percent 51 or more of Tenants stock or assets shall not be deemed an
assignment Tenant shall give to Landlord thirty 30 days prior written notice of any such transfer
Additionally Tenant may upon notice to Landlord mortgage or grant a security interest in this
Lease and the Antenna Facilities and may assign this Lease and the Antenna Facilities to any
mortgagees or holders of security interests including their successors or assigns collectively
Mortgagees provided such Mortgagees agree to be bound by the terms and provisions of this Lease
In such event Landlord shall execute such consent to leasehold financing as may reasonably be required
by Mortgagees Landlord agrees to notify Tenant and TenantsMortgagees simultaneously of any default
by Tenant and to give Mortgagees the same right to cure any default as Tenant or to remove any property
of Tenant or Mortgagees located on the Lease Area except that the cure period for any Mortgagees shall
not be less than thirty 30 days after receipt of the default notice as provided in Section 9 of this Lease
All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant Failure
by Landlord to give Mortgagees such notice shall not diminish Landlordsrights against Tenant but shall
preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or
Mortgagees located on the Lease Area
16 Successors and Assiqns This Lease granted herein shall run with the land and shall be binding
upon and inure to the benefit of the parties their respective successors personal representatives and
assigns This Agreement shall not be assigned by Tenant without the express written consent of the
Landlord which consent shall not be unreasonably withheld delayed or conditioned
17 Removal of Antenna Facilities The Antenna Facilities are and shall remain the property of the
Tenant and upon the expiration or earlier termination of this Lease Tenant shall at Tenantssole cost
and expense remove the Antenna Facilities and restore the Lease Area to its original condition normal
wear and tear excluded
18 Miscellaneous
a The substantially prevailing party in any litigation including any arbitration to which the parties
shall submit arising hereunder shall be entitled to its reasonable attorneys fees and court costs including
appeals if any
b This Lease constitutes the entire agreement and understanding of the parties and supersedes all
offers negotiations and other agreements There are no representations or understandings of any kind
not set forth herein Any amendments to this Lease must be in writing and executed by both parties At
such time as the Auburn City Council approves any regulation affecting telecommunications Tenant
agrees to amend this Lease as determined by the Landlord in order to comply with any future ordinance
related to telecommunications provided however that in no event shall such regulation imaterially
interfere with or affect Tenantsoperation of its Antenna Facilities or ii increase Tenantsfinancial
obligations under the terms of this Lease except as provided herein or impose some new financial
obligations not already contemplated by this Lease No amendment change or modification of this Lease
shall be valid unless in writing and signed by all parties hereto
c Each party agrees to cooperate with the other in executing any documents including a
Memorandum of Lease in substantially the form attached hereto as Exhibit B necessary to protect its
rights or use of the Lease Area The Memorandum of Lease may be recorded in place of this Lease by
either party In the event the Property is encumbered by a mortgage or deed of trust Landlord agrees
upon request of Tenant to obtain and furnish to Tenant a nondisturbanceand attornment agreement for
each such mortgage or deed of trust in a form reasonably acceptable to Tenant Tenant may obtain title
insurance on its interest in the Lease Area
d This Lease shall be construed in accordance with the laws of the state in which the Property is
located
Exhibit I
Resolution No 3649
Page 7 of 10
e If any term of this Lease is found to be void or invalid such finding shall not affect the remaining
terms of this Lease which shall continue in full force and effect The parties agree that if any provisions
are deemed not enforceable they shall be deemed modified to the extent necessary to make them
enforceable No provision of this Lease will be deemed waived by either party unless expressly waived in
writing signed by the waiving party No waiver shall be implied by delay or any other act or omission of
either party No waiver by either party of any provision of this Lease shall be deemed a waiver of such
provision with respect to any subsequent matter relating to such provision
f The persons who have executed this Lease represent and warrant that they are duly authorized to
execute this Lease in their individual or representative capacity as indicated
g This Lease may be executed in any number of counterpart copies each of which shall be deemed
an original but all ofwhich together shall constitute a single instrument
h All Exhibits referred to herein and any Addenda are incorporated herein for all purposes The
parties understand and acknowledge that Exhibit A the Lease Area Compound and Antenna Facilities
location within the Property and Exhibit B Memorandum of Lease are attached to this Site Lease
Agreement The terms of all Exhibits are incorporated herein for all purposes
iIf Landlord is represented by any broker or any other leasing agent Landlord is responsible for all
commission fees or other payment to such agent and agrees to indemnify and hold Tenant harmless
from all claims by such broker or anyone claiming through such broker If Tenant is represented by any
broker or any other leasing agent Tenant is responsible for all commission fee or other payment to such
agent and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyone
claiming through such broker
19 Headinqs The caption and paragraph headings used in this Lease are inserted for convenience of
reference only and are not intended to define limit or affect the interpretation or construction of any term
or provision hereof
20 Liens Except with respect to activities for which Landlord is responsible Tenant shall pay as due all
claims for work done on and for services rendered or material furnished to the Antenna Facility and
shall keep the Antenna Facility free from all liens
The effective date Of this Lease is the date of execution by the last party to sign the Effective
Date
Exhibit I
Resolution No 3649
Page 8 of 10
By
LANDLORD
Printed Name Peter B Lewis
Its Mayor
Date
Taxpayer ID Number 916001228
TENANT
By
Printed Name
Its
Date
VoiceSream PCS III Corporation a Delaware corporation
Affairs
Exhibit I
Resolution No 3649
Page 9 of 10
STATE OF
ss
COUNTY Of
I certify that I know or have satisfactory evidence that PCCr ZcW is the person who
appeared before me and said person acknowledged that he signed this instrument on oath stated that
he was authorized to execute the instrument and acknowledged it as the h
free and vol t of such pay for the uses and uoses entioned in the instrument
Dated
or qyoN2
0 rF
o w
Use this space for notary stampseal
NotaryPublic
Print Name
residing at
My commission expires 0
STATE OF J
SS
COUNTY OF IN7
I certify that I know or have satisfactory evidence that is the person who
appeared before me and said person acknowledged that he signed this instrument on oath stated that
he was authorized to execute the instrument and acknowledged it as the
of VoiceStream PCS III Corporation a Delaware corporation to be the free and lurhartlJllri r
pay for the uses and pustioned in the instrument
Dated
5 4 IotrFio
Ct intNe Georgia Lm May
2XOJMy commission expires
Use this space for notary stampseal
Exhibit I
Resolution No 3649
Page 10 of 10
EXHIBIT A
I
Lease
Area
s
Exhibit A Lease Area
Resolution No 3649
Page 1 of I
RESOLUTION NO3 6 5 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO
EXECUTE A FRANCHISE AGREEMENT BETWEEN THE
LAKEHAVEN UTILITY DISTRICT AND THE CITY OF AUBURN
ALLOWING THE LAKE HAVEN UTILITY DISTRICT TO
CONNECT INSTALL OPERATE MAINTAIN AND REPAIR
WATER SYSTEM FACILITIES AND APPURTENANCES IN
OVER ALONG ACROSS AND UNDER THE FRANCHISE
AREA FOR THE PURPOSE OF PROVIDING WATER SERVICE
WHEREAS the Lakehaven Utility District currently owns operates and
maintains a water system within Auburns public right of way located in the
franchise area and
WHEREAS the Lakehaven Utility District is seeking a new
comprehensive franchise with Auburn for public water facilities installed within
Auburnscurrent and future public right of way and
WHEREAS in order to maintain control over the use of City of Auburn
rightofways by utilities operating within the City of Auburn it is appropriate to
enter into franchise agreements with such utilities and
WHEREAS Lakehaven Utility District is such a utility and has
negotiated this franchise agreement with the City of Auburn acceptable to both
parties and
Resolution No 3650
January 20 2004
Page 1
WHEREAS the City of Auburn has determined that it is in the best
interests of the public to grant the Lakehaven Utility District a water franchise on
the terms and conditions set for in this Agreement
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn is herewith authorized to
execute a Franchise Agreement between the Lakehaven Utility District and the
City of Auburn in substantial conformity with the Agreement attached hereto
marked as Exhibit A and incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 This resolution shall be in full force and effect upon
passage and signatures hereon
Resolution No 3650
January 20 2004
Page 2
ltJDATEDthisk day 0itatl72004
ATTEST
1 v il 1
IV x CAJJv1t
Danielle E Daskam
City Clerk
Resolution No 3650
January 202004
Page 3
CITY OF AUBURN
PETER B LEWIS
MAYOR
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
111111111111111120041108003Z24PACIFICNWTITAG
PAGE001 OF IU611080041448
KING COUNTY WA
RECORDERS COVER SHEET
Document Titles or transactions contained therein
li frv Ilv T
L LqI
Franchise Agreement Resolution No 3650
Reference Numbersof Documents assigned or released
DAdditional reference s on page of document
GrantorsBorrowersLast name first then first name and initials
Auburn City of
GranteeAssigneeBeneficiary Last name first
1 Lakehaven Utility District IU w
Legal Description abbreviated ielot block plat or section township range
PER RCW 3934
o Additional legal is on page of document
AssessorsProperty Tax ParcelAccount Number
NA
oAssessor Tax not yet assigned
EXHIBIT A
CITY OF AUBURN WASHINGTON
WATER FRANCHISE AGREEMENT
WITH THE LAKEHAVEN UTILITY DISTRICT
ANCHISE AGREEMENT made and entered into this zd day of
2004 by and between the CITY OF AUBURN Washington and
KEHAVEN UTILITY DISTRICT
WITNESSETH
WHEREAS the Lakehaven Utility District currently owns operates and maintains a water
system within Auburnspublic rightofway located in the franchise area and
WHEREAS the Lakehaven Utility District is seeking to establish a comprehensive
franchise with the City ofAuburn for water system lines within Auburnscurrent and future
public rightofway and
WHEREAS in order to maintain control over the use of City of Auburn rightsofway by
utilities operating within the City of Auburn it is appropriate to enter into franchise
agreements with such utilities and
WHEREAS Lakehaven Utility District is such a utility and has negotiated this franchise
agreement with the City of Auburn acceptable to both parties and
WHEREAS the City of Auburn has determined that it is in the best interests of the public
to grant the Lakehaven Utility District a franchise on the terms and conditions set forth in
this franchise agreement
NOW THEREFORE THE CITY OF AUBURN AND THE LAKEHAVEN UTILITY
DISTRICT AGREE AS FOLLOWS
SECTION 1 DEFINITIONS
Where used in this franchise agreement Franchise the following definitions shall
apply
11 Franchisee means the Lakehaven Utility District a Washington municipal
corporation and its respective successors and assigns
12 City means the City of Auburn a Washington municipal corporation
13 Franchise Area means all of the public roads streets avenues alleys
highways and other rightsofway of the City as now laid out platted dedicated or
improved and any and all public City roads streets avenues alleys highways and other
rightsofway that may hereafter be laid out platted dedicated or improved within the
area in which the City has jurisdiction as described in Attachment 1 and as depicted in
Exhibit A Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 1 of 12
Attachment 2 both attachments attached hereto which is by this reference incorporated
as if fully set forth herein provided that the Franchise Area shall not include or convey
any right to the Franchisee to install facilities on or to otherwise use City owned or
leased properties and provided that the terms of this franchise ie permitting and
enforcement shall not apply to those public roads streets avenues alleys highways
and other rightsofway that may hereafter be laid out platted dedicated or improved
within the area as described in Attachment 1 and depicted in Attachment 2 until such
time that the City has assumed jurisdiction thereof
14 Facilities means the Franchiseeswater system lines mains pump
stations appurtenances and all other necessary or convenient appurtenances for the
purpose of providing water service
SECTION 2 FRANCHISE GRANT
Subject to the terms and conditions set forth in this Franchise the City grants to the
Franchisee the right to construct own and maintain its Facilities including but not limited
to water pipelines pump stations and appurtenances within the Citys public rightofway
and the Franchiseeswater service area In exercising authority to construct and install its
Facilities and to excavate trenches in City roads for the purposes of constructing
installing operating maintaining removing and replacing its Facilities and making
connections between the same to the dwellings and other buildings of the consumers the
Franchisee shall be governed by and conform to the general rules adopted by the Public
Works Department of the City and the Franchisee at no expense to the City shall
complete all work and shall replace and restore the City roads to the condition of the City
roads existing immediately prior to such disturbance PROVIDED HOWEVER that no
such work shall be done prior to the obtaining of a permit therefor issued by the Citys
Public Works Director hereinafter Director which permit shall set forth conditions
pertaining to the work to be done and specifications for the restoration of the roads tothe
same condition as they were immediately prior to such work If the Franchisee does not
repair the City roads to the satisfaction ofthe Director the City may at its sole discretion
repair such City roads or cause them to be repaired and the Franchisee hereby agrees
to reimburse the City for the cost of such work including reasonable overhead costs
SECTION 3 FRANCHISE TERM
This Franchise shall take full force and effect five calendar days after being approved by
the City and shall be valid for a period of 25 years expiring in 2029 provided that this
Franchise shall not take effect and the Franchisee shall have no rights under this
Franchise unless the Franchisee files a written acceptance of this Franchise with the City
pursuant to Section 4 of this Franchise
SECTION 4 ACCEPTANCE BY FRANCHISEE OF TERMS AND CONDITIONS
The full acceptance of this Franchise and all of its terms and conditions shall be filed with
the City Clerk within fortyfive 45 days from the date of the resolution approving this
Franchise by the Franchiseesduly elected Board of Commissioners Full acceptance of
this Franchise is a condition precedent to its taking effect and unless this Franchise is
Exhibit gAuburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 2 of 12
accepted within the time specified this grant will be null and void and have no force or
effect
SECTION 5 NONEXCLUSIVEFRANCHISE
This Franchise is not exclusive It does not prohibit the City from granting franchises for
other public or private utilities in over along across and under any City property
including the Franchise Area This Franchise does not prevent or prohibit the City from
constructing altering maintaining or using any of the Franchise Area The City retains
full power to make all changes relocations repair maintenance or other workto or in the
Franchise Area as the City deems fit
SECTION 6 JURISDICTION
This Franchise is intended to convey limited rights and interest only as to those roads and
rightsofway in which the City has an actual interest within the Franchise Area It is not a
warranty of title or of interest in City road rightsofway None of the rights granted to the
Franchisee shall affect the jurisdiction of the City over City road rightsofway or the Citys
power to perform work upon its roadways rightsofwayor appurtenant drainage facilities
including by constructing altering renewing paving widening grading blasting or
excavating The parties shall comply with all applicable rules and regulations pertaining
to them in connection with the matters covered herein
SECTION 7 REGULATION OF USE AND CONTROL
This Franchise does not deprive the City of any powers rights or privileges it now has or
may later acquire in the future to regulate the use of and to control the City road rightsof
way covered by this Franchise The City reserves the right and power at all times to
exercise its police powers with respect to the time manner and location of the placement
of the FranchiseesFacilities
SECTION 8 EMINENT DOMAIN
This Franchise and the limited rights and interests granted by this Franchise are subject
to the exercise of eminent domain In the event of an exercise of eminent domain by the
City the value to be attributed to all the rights and interests granted under this Franchise
shall not exceed the actual amount the Franchisee paid to the City in obtaining this
Franchise
SECTION 9 VACATION
If at any time the City vacates any City rightsofwaycovered by this Franchise the City
will not be held liable for any damages or loss to the Franchisee by reason of such
vacation The City may after giving thirty 30 days written notice to the Franchisee
terminate this Franchise with respect to any City road or rightsofway vacated However
should Franchisee notify the City that an easement is required for existing or proposed
facilities within the proposed vacation area the City shall withhold approval of such
vacation until the Franchisee has notified the City that the necessary easementshave
been secured or provisions otherwise made to maintain the viability and use of existing
Facilities
Exhib A Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 3 of 12
SECTION 10 ENFORCEMENT
The Citysfailure to enforce any provision of this Franchise does not constitute a waiver of
its right to enforce that provision or any other provision of this Franchise
SECTION 11 INDEMNITY AND HOLD HARMLESS
111 The Franchisee shall defend indemnify and hold harmless the City its
appointed and elected officials and its employees and agents from and against liability
for all claims actions injuries demands liabilities losses costs damages and
judgments including costs of defense thereof collectively referred to as damages for
injury to persons death or property damage caused by arising out of or incidental to the
Franchiseesexercise of the rights and privileges granted by this Franchise except for
damages caused by or arising out of the Citys sole negligence In the event that any
such claim or demand for damages is presented to or filed with the City or if any suit or
action is initiated against the City based on such claims or demands for damages the
City shall promptly notify the Franchisee of the claim demand suit or action and the
Franchisee shall have the right at its election and its sole cost and expense to settle and
compromise such claim demand suit or action or defend the same at the Franchisees
sole cost and expense
112 If it is determined that RCW 424115 applies to this Franchise the
Franchisee agrees to defend hold harmless and indemnify the City to the maximum
extent permitted under that statute and specifically for the Franchiseesnegligence
concurrent with that of the City to the full extent of the Franchiseesnegligence
SECTION 12 INSURANCE
121 The Franchisee shall keep a policy of insurance in force with a minimum
limit of five million dollars 500000000 Verification of insurance coverage is a
condition precedent to the effectiveness of this Franchise
122 The insurance shall be maintained in full force and effect at the
Franchiseessole expense throughout the term of the Franchise and should such
insurance be terminated this Franchise shall terminate as of the date of the termination
of insurance coverage
123 The coverage provided by the Franchiseesinsurance policies shall be
primary to any insurance maintained by the City except as to losses or damages
attributable to the sole negligence of the City Any insurance maintained by the City that
might relate to this Franchise shall be in excess to the Franchiseesinsurance and shall
not contribute with or to it The City has no obligation to report occurrences to the
insurance companies unless a claim is filed with the Citys City Council and the City has
no obligations to pay the Franchiseespremiums
124 The Franchisee shall be solely and completely responsible to perform all
work related to this Franchise in compliance with all applicable federal state county and
city statutes rules regulations ordinances orders and codes The Franchisees
attention is directed to the requirements of the Washington Industrial Safety and Health
Act Chapter4917 RCW The Franchisee shall be solely and completely responsible for
Exhibit MAM Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 4 of 12
safety and safety conditions on its job sites and for its work within the Franchise Area
including the safety ofall persons and property during perfonmance of any works therein
The services of the City or Citysconsultant personnel in conducting construction review
of the Franchiseeswork relating to the Franchise is not intended to include review of the
adequacy of the Franchiseeswork methods equipment scaffolding or trenching or
safety measures in on or near such Franchise Area or job site The Franchisee shall
provide safe access for the City and its inspectors to adequately inspect the work and its
conformance with applicable statutes ordinances rules regulations and the Franchise
SECTION 13 INSTALLAlON REPAIR REMOVAL OR RELOCATION
131 The Franchisee shall at no expense to the City expeditiously repair all
existing Facilities that it owns within the Franchise Area including any damage caused
directly or indirectly by its Facilities all appurtenant Facilities and service lines connecting
its system to users if the City requires such repair for any reasonable purpose
132 The Franchisee shall at no expense to the City adjust remove or relocate
existing Facilities within the Franchise Area including all appurtenant Facilities and
service lines connecting its system to users if the City determines such adjustment
removal or relocation is reasonably necessary to allow for an improvement or alteration
planned by the City The City shall give the Franchisee written notice of such requirement
as soon as practicable The written notice shall include all available information such as
plans and specifications as is reasonably necessary for the Franchisee to plan for such
adjustment removal or relocation
133 FranchiseesFacilities shall be constructed installed maintained and
repaired within the Franchise Area so as to provide safety of persons and property and
not interfere with the free passage of traffic all in accordance with the laws of the State of
Washington and the ordinances resolutions rules and regulations of the City
134 For projects that are a part of the Citys capital improvement program in
addition to any other notice given to the Franchisee the City shall provide a copy of the
capital improvement plan and six 6 year transportation improvement plan when
requested Further the City shall provide a horizontal plan and vertical profile of the
roadway and drainage facilities within it both existing and as proposed by the City and
the proposed construction schedule The initial design information shall be given at least
one hundred and eighty 180 days before construction is scheduled to begin except in
cases of urgent construction or emergencies The Franchisee shall respond to this
notice and to any later notices of revised designs within twenty 20 days of the date of
the notice by providing to the City the Franchiseesbest available information as to the
location of all the FranchiseesFacilities including all appurtenant Facilities and service
lines connecting its system to users and all Facilities that it has abandoned within the
area proposed for the project
135 The City shall offer the Franchisee the opportunity to participate in the
preparation of bid documents for the selection ofa contractor to perform the public works
project as well as all required adjustments removals or relocations of the Franchisees
Facilities The City shall have sole authority to choose the contractor to perform such
Exhibit A Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page50f12
work Such bid documents shall provide for an appropriate cost allocation between the
parties In addition to the Franchiseesallocation of contractor costs the Franchisee shall
reimburse the City for all costs to include but not be limited to legal engineering
inspections administration andor soils testing related to the Franchiseeswork and
reasonably incurred by the City in the administration of such joint construction contracts
Such costs shall include the direct salary cost of the time of City professional and
technical personnel including the Citys consultants spent productively engaged in such
work plus overhead costs at the standard rate charged by the City on other similar
projects The specific terms of the joint participation on any public work shall be as set
forth in a written agreement between the parties
136 It is understood that emergency situations may arise that could threaten
public health andor continued operation of the Franchiseesutility system and the
Franchisee may be unable to notify the City in the manner prescribed in Section 14 ofthis
Franchise In such a situation the Franchisee shall immediately cQrrect the hazardous
situation and continue to use best efforts to contact the City staff The Emergency Phone
Number for the City of Auburn is 253 9313048 and that for the Lakehaven Utility
District is 253 9411516 Dialing 911 is advised for emergency situations that may result
in imminent threats to life andor property
SECTION 14 REQUIREMENT OF CONSTRUCTION PERMITS
141 The Franchisee has the right privilege and authority to enter the City road
rightsofway for the purpose of constructing installing operating maintaining replacing
or repairing its Facilities on the condition that it obtains construction excavation and
rightofway use permits issued by the City Any work performed whether by Franchisee
its contractors or third parties shall include necessary paving patching grading and any
other reasonably necessary repair or restoration to the City rightsofway All work shall
be done to the Citys satisfaction
142 All equipment pipelines and appurtenances which are used in the
construction installation operation maintenance or repair of the FranchiseesFacilities
and which are located within the City road rightsofway and owned by the Franchisee
shall be considered to be part of the Franchiseessystem and shall be the responsibility
of the Franchisee All permits for the construction installation operation maintenance or
repair of the Franchiseessystem shall be applied for and given in the name of the
Franchisee who will be responsible for all work done under the permit The Franchisee
remains responsible whether the work is performed by the Franchisee its contractors or
by third parties
143 When required by the Citys Public Works Director the Franchisee shall
post a bond to the City in the amount sufficient for any road repair or restoration The
amount of the bond shall be set by the City and must be filed with the City before a permit
will be issued
Exhibit KA Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 6 of 12
SECTION 15 PERFORMANCE OF WORK
151 Any work performed by the Franchisee in the Franchise Area shall
conform to all City ordinances and requirements including but not limited to Auburn City
Code and the Citys Design and Construction Standards in force when the work is
performed All traffic control shall conform to the current edition ofthe Manual of Uniform
Traffic Control Devices in force when the work is performed
152 If work performed under this Franchise makes it necessary to turn off or
diminish water pressure or potential flow to any fire hydrant the Franchisee shall notify
the Citys Fire Department by telephone and by written notice that water pressure or fire
flow conditions have been affected Except in the case of an emergency the notice shall
be provided at least 48 hours prior to the water pressure or potential flow being
suspended or diminished If more than one fire hydrant will be affected the Franchisee
shall provide a map of the affected area to the Fire Department Outofservicefire
hydrants must be identified as not operational by covering with a properly secured burlap
or plastic bag Fire hydrants should be returned to full service as soon as reasonably
possible or no longer than two working days from the date service was suspended or
diminished The Franchisee shall notify the Citys Fire Department when the hydrants
isare returned to full service
SECTION 16 RESTORATION OF CITY RIGHTSOFWAY
After performing work on under or adjacent to City road rightsofway the Franchisee is
responsible for and shall leave all City road rightsofwayin the condition ofthe City road
rightsofway existing immediately prior to such disturbance If the Franchisee its
contractors or third parties working under permit should fail to diligently restore City road
rightsofway to the satisfaction of the City the City may make such repairs or
restorations as are necessary to return the City road rightsofway to a condition
reasonably comparable to the condition ofthe City road rightsofwayexisting immediately
prior to such disturbance Upon presentation of an itemized invoice for repairs or
restorations including all applicable costs both direct and indirect to include but not be
limited to the cost of labor tools materials and equipment the Franchisee shall pay the
invoice within sixtyfive 65 days of its receipt and approval
SECTION 17 INFORMATION ON LOCATION OF FACILITIES
The Franchisee shall provide the City with all information requested by the City regarding
the location of the Franchisees current Facilities including but not limited to copies ofall
record drawings for such Facilities If the Franchisee performs any work to install repair
reconstruct or replace Facilities in the Franchise Area after this Franchiseseffective
date the Franchisee shall provide the City with all information requested by the City
regarding the location of those Facilities including but not limited to copies of record
drawings
Exhibit KN Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 7 of 12
SECTION 18 COORDINATION OF WORK IN FRANCHISE AREA
To facilitate the coordination of work in City rightsofway if either the Franchisee or the
City plans to make excavations in the Franchise Area the party planning such excavation
shall provide written notice to the other of the planned excavation affording the other
party the opportunity to share in the excavation provided that 1 such joint use shall not
unreasonably delay the work of the party causing the excavation to be made 2 such
joint use shall be arranged and accomplished on terms and conditions satisfactory to both
parties and 3 either party may deny such request for safety reasons
SECTION 19 BLASTING REQUIREMENTS
The Franchisees right to construct install operate maintain and repair Facilities does
not preclude the City its agents or contractors from blasting grading or doing other road
work contiguous to the FranchiseesFacilities When practical the City shall give the
Franchisee fortyeight 48 hours notice of blasting or excavating
SECTION 20 SURVEY MARKERS AND MONUMENTS
Before any work is performed under this Franchise the Franchisee shall establish two or
more reference marks to all monuments and markers of every nature relating to
subdivisions plats rightsofway and all other surveys The reference points shall be
located so that they will not be disturbed during any of Franchiseesoperations under this
Franchise The method of referencing monuments or other markers or points shall be
approved by the City before placement The replacement of all markers or monuments
disturbed during any construction of the Franchisee shall be made as promptly as
conditions permit The cost of monuments or markers lost destroyed or disturbed and
the expense or replacement with approved markers or monuments shall be borne by the
Franchisee
SECTION 21 RESERVATION OF RIGHTS
211 The City reserves the right to impose to the extent authorized by law a
utility tax on the Franchisee andor to charge the Franchisee a reasonable fee for services
provided or rights granted under this Franchise
212 The Franchisee agrees that it shall be subject to all authority now or later
possessed by the City or any other governing body having competent jurisdiction to fix
just reasonable and compensatory rates for services under this Franchise
213 The City reserves the right upon thirty 30 days written notice to the
Franchisee to amend or modify the provisions or conditions of this Franchise to conform
to any state county federal or City statute ordinance rule or regulation The City may
terminate this Franchise upon thirty 30 days written notice to the Franchisee if the
Franchisee fails or refuses to comply with such amendment or modification
Exhibit A Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page8of12
SECTION 22 ASSIGNMENT
The Franchisee shall not have the right to assign this Franchise without the written
consent of the City No assignment shall be effective unless an acceptance by the
assignee of all rights conditions terms provisions and responsibilities contained within
the Franchise as well as surety bonds which the City deems necessary to be posted are
received as allowed by law The Citysapproval ofthe assignment may be made subject
to the assigneesacceptance of new or modified terms of the Franchise
SECTION 23 PENAL TY FOR VIOLATION OF CONDITIONS
If the Franchisee fails to comply with any material term condition or responsibility under
this Franchise the City may provide the Franchisee with written notice of the Citysintent
to revoke the Franchise if the Franchiseesfailure is not cured within thirty 30 days of
the date of the notice During the thirty 30 days following the date of the notice the
Franchisee shall have the opportunity to remedy the failure to comply A public hearing
shall be scheduled before the Auburn City Council at least thirty 30 days following the
notification on the issue of the revocation If at the hearing the City Council finds that
grounds exist to revoke the Franchise under this paragraph and that the revocation is in
the public interest the City Council may by resolution revoke the Franchise The
revocation shall be effective ninety 90 days after the public hearing
SECTION 24 EXPIRATION AND RENEWAL
241 If the Franchisee requests a renewal ofthis Franchise prior to its expiration
date which renewal shall be granted on terms reasonable to the parties unless the City
can demonstrate in good faith that such renewal would be contrary to its operation ofthe
right of way the City may at the Citys sole discretion extend the term of this Franchise
for up to one year beyond the expiration date to allow for processing of the renewal If
the City elects to extend the term ofthis Franchise written notice ofthe extension shall be
provided to the Franchisee prior to the Franchise expiration date
242 If the Franchisee has not requested a renewal of this Franchise prior to its
expiration date the City has the right upon thirty 30 daysprior notice to the Franchisee
to remove or relocate any ofthe FranchiseesFacilities as is reasonably necessary for the
publics health welfare or safety orforthe construction alteration or improvement of the
Franchise Area or for the construction or installation oflines or facilities of other franchise
holders The Franchisee shall be liable for costs incurred in any removal or relocation of
the FranchiseesFacilities under this section
243 Upon the expiration of this Franchise the Franchisee shall continue to be
responsible for the operation and maintenance of the Franchiseesexisting facilities in the
Franchise Area but shall not have the right to provide additional services This Section
and Sections 11 13 14 15 16 18 and 20 of this Franchise shall continue in force until
such time as the FranchiseesFacilities are abandoned to the Citys satisfaction
Exhibit A Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page g of 12
SECTION 25 COMPLIANCE WITH LAWS
The Franchisee shall conform to all applicable federal state and local laws and
regulations including but not limited to the State Environmental Policy Act and the Citys
Environmental Standards and Ordinances
SECTION 26 NONDISCRIMINATION CLAUSE
In all hiring or employment made possible or resulting from this Franchise there shall be
no discrimination against any employee or applicant for employment because of sex
sexual orientation age race color national origin marital status or the presence of any
sensory mental or physical handicap unless based upon a bona fide occupation
qualification No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this Franchise on
the grounds of sex sexual orientation race color national origin age except minimum
age and retirement provisions marital status or the presence of any sensory mental or
physical handicap
SECTION 27 NOTICE
All notices between the two agencies hereunder may be delivered or mailed If mailed
they shall be sent to the following respective addresses
City ofAuburn Lakehaven Utility District
City Engineer General Manager
25 West Main Street 31627 1st Ave South
Auburn WA 980014998 PO Box 4249
Tel 2539313010 Federal Way WA 980634249
Tel 2539411516
or to such other representative addresses as either party may hereafter from time to time
designate in writing All notices and payments mailed by regular post including first class
shall be deemed to have been given on the second business day following the date of
mailing if properly mailed and addressed Notices and payments sent by certified or
registered mail shall be deemed to have been given on the day next following the date of
mailing if properly mailed and addressed For all types of mail the postmark affixed by the
United States Postal Service shall be conclusive evidence of the date of mailing
If an emergency situation develops it is recommended that the City or the Franchisee call
911 to solicit an emergency response
SECTION 28 ATTORNEYS FEES
If either party shall be required to bring any action to enforce any provision of this
Franchise or shall be required to defend any action brought by the other party with respect
to this Franchise and in the further event that one party shall substantially prevail in such
action the losing party shall in addition to all other payments required therein pay all of
the prevailing partysreasonable costs in connection with such action including such sums
as the court or courts may adjudge reasonable as attorneysfees in trial court and in
appellate courts
Exhibit MN Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 10 of 12
SECTION 29 SEVERANCE
If any term provision condition or portion of this Franchise is held to be invalid such
invalidity shall not affect the validity of the remaining portions ofthis Franchise which shall
continue in full force and effect unless the dominant purpose of the Franchise would be
prevented or the public interest would no longer be served as determined by the City
SECTION 30 EFFECTIVE DATE
The resolution approving the Franchise having been introduced at least five days prior to
its date of passage and submitted to the city attorney and being approved by at least a
majority of the entire city council at a regular city council meeting shall take effect and be
in force five calendar days after its passage and approval by both parties to this Franchise
SECTION 31 EXISTING UTILITIES
This Franchise shall govern existing and future water system facilities currently owned
operated and maintained by Lakehaven Utility District within the City of Auburn
SECTION 32 DISPUTE RESOLUTION
In the event that a dispute arises with regard to the terms of this Franchise Agreement
either party may request that the dispute be submitted to nonbinding mediation or
arbitration prior to court action Such request for nonbinding mediation or arbitration shall
be made in writing and mailed by first class US Mail to the other party The mediator or
arbitrator shall be chosen by agreement of the parties Either party may refuse to submit to
the dispute resolution process Refusal to engage in the dispute resolution process shall
not prejudice the refusing party in any way
Exhibit uN Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 11 of12
IN WITNESS WHEREOF the parties hereto have executed this Franchise Agreement as of
the day and year first above written
LAKEHAVEN UTILITY DISTRICT
Approved by Resolution No zJtJhofthehaven Utility District Federal Way
Washington at its regular meeting held on thr day of JlltIJ4I 2004
By
Donald T Perry Ge e al Manager
Lakehaven Utility District
APl1 f
Steven H Pritchett General Counsel
Lakehaven Utility District
CITY OF AUBURN
By
Peter B Lewis Mayor
City of Auburn
AttestjJ JL JtibI0J4d
Danielle Daskam City Clerk
AUBURN RESOLUTION NO 3650
LAKEHAVEN REFERENCE NUMBER 2J Ob
Exhibit A Auburn Resolution No 3650
Auburn Lakehaven Water Franchise
Page 120f12
Attachment 1
Auburn Ordinance No 3650
Description of Lakehaven Utility DistrictsWater Franchise Area
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 23 TOWNSHIP 21
NORTH RANGE 4 EAST WM
THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 23 TO THE
NORTHWEST CORNER OF SAID SECTION 23 AND THE SOUTHEAST CORNER
OF SECTION 15 TOWNSHIP 21 NORTH RANGE 4 EAST WM
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 15 TO THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 15
THENCE NORTHERLY ALONG THE NORTHSOUTH CENTERLINE OF SAID
SECTION 15 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 10 TOWNSHIP 21 NORTH RANGE 4 EAST WM
THENCE NORTHERLY ALONG THE NORTHSOUTH CENTERLINE OF SAID
SECTION 10 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 3 TOWNSHIP 21 NORTH RANGE 4 EAST WM
THENCE NORTHERLY ALONG THE NORTHSOUTH CENTERLINE OF SAID
SECTION 3 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 34 TOWNSHIP 22 NORTH RANGE 4 EAST WM
THENCE NORTHERLY ALONG THE WEST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 34 TO THE NORTHWEST CORNER OF SAID SOUTHEAST
QUARTER OF SAID SECTION 34
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER OF SAID SECTION 34 TO THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF SECTION 35 TOWNSHIP 22 NORTH RANGE 4
EAST WM
THENCE EASTERLY ALONG THE EASTWEST CENTERLINE OF SAID SECTION
35 TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
SECTION 36 TOWNSHIP 22 NORTH RANGE 4 EAST WM
THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 36 TO THE NORTHEAST CORNER OF SAID SOUTHWEST
QUARTER OF SAID SECTION 36
THENCE SOUTHERLY ALONG THE NORTHSOUTH CENTERLINE OF SAID
SECTION 36 TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF
SECTION 1 TOWNSHIP 21 NORTH RANGE 4 EAST WM
Attachment 1 Auburn Ordinance No 3650
Page 1 012
THENCE SOUTHERLY ALONG THE NORTHSOUTH CENTERLINE OF SAID
SECTION 1 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 1
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 1 TO THE
NORTHEAST CORNER OF SECTION 11 TOWNSHIP 21 NORTH RANGE 4 EAST
WM
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 11 TO THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 14
TOWNSHIP 21 NORTH RANGE 4 EAST WM
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 14 TO THE
NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 23
TOWNSHIP 21 NORTH RANGE 4 EAST WM
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 23 TO THE
SOUTHEAST CORNER OF SAID SECTION 23
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 23 TO THE
POINT OF BEGINNING
SITUATE IN KING COUNTY WASHINGTON
Attachment 1 Auburn Ordinance No 3650
Page 2 of2
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Legend
Water Franchise Area Attachment 2
Aubum Ordinance
No 3650
fiiIiiiijCity of Aubum
PotenUal AnnexaUon Area
RESOLUTION NO3 6 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING
WATER SERVICE BOUNDARIES BETWEEN THE LAKEHAVEN
UTILITY DISTRICT AND THE CITY OF AUBURN
WHEREAS pursuant to RCW 35A11040 Auburn has the legal
authority to exercise its powers and perform any of its functions as set forth in
RCW 3934 and
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Auburn has the legal authority to cooperate with other localities and utilities on
the basis of mutual advantage and the efficient provision of municipal services
and
WHEREAS pursuant to RCW 35A21150 Auburn has the legal
authority to maintain a water system and
WHEREAS pursuant to RCW 5708044 Lakehaven has the legal
authority whether by contract or otherwise to provide water service to property
owners in areas outside existing district boundaries and
WHEREAS the parties recognize the responsibility of public water
utilities to provide efficient and reliable service to their customers at reasonable
cost and
Resolution No 3652
January 20 2004
Page 1
WHEREAS Lakehavens 1998 Draft Comprehensive Water System Plan
notes a region within Auburns Potential Annexation Area hereinafter referred
to as AuburnsPM to which Lakehaven intends to provide water service and
WHEREAS Lakehaven is currently providing water service within
Auburns PM and
WHEREAS portions of the Lakehaven water system have been sized
and are situated so as to be capable of affording water to a portion of Auburns
PM and
WHEREAS Auburn has evaluated water service issues and determined
that it is not cost feasible to provide direct water service within its PM adjacent
to Lakehavens water infrastructure and
WHEREAS Lakehavensdelivery of water service to these areas will
provide the maximum efficiency in the use of existing and future facilities and
water planning
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn is herewith authorized to
execute a Water Service Boundary Agreement between the Lakehaven Utility
District and the City of Auburn in substantial conformity with the agreement
Resolution No 3652
January 20 2004
Page 2
attached hereto marked as Exhibit A and incorporated herein by this
reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 This resolution shall be in full force and effect upon
passage and signatures hereon
DATED thisJJday oflJLjltv2004
CITY OF AUBURN
PETER B LEWIS
MAYOR
ATTEST
JJltJdl
Danielle E Daskam
City Clerk
Resolution No 3652
January 20 2004
Page 3
I IN Wd30S
111 11111111111111111111111111 111111111 11111 1 1I11111111111111
200508220499 8 PGS
08 22 2005 10 30am 0 00
PIERCE COUNTY WASHINGTON
Return Address
Auburn City Clerk
City of Auburn
25 West Main SI
Auburn WA 98001
RECORDER S COVER SHEET
Document Title s or transactions contained therein
Interlocal Agreement RES 3760
Reference Number s of Documents assigned or released
DAdditional reference s on page of document
Grantor s Borrower s Last name first then first name and initials
AllhLlrn City of
Grantee Assignee Beneficiary Last name first
1 Bonney Lake City of
Legal Description abbreviated ie lot block plat or section township range
PER RCW 39 34
D Additional legal is on page of document
Assessor s Property Tax Parcel Account Number
N A
oAssessor Tax not yet assigned
ti3
RESOLUTION NO 3 7 6 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN ADDENDUM TO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CITY OF BONNEY LAKE FOR THE
ESTABLISHMENT OF SANITARY SEWER SERVICE
BOUNDARIES
WHEREAS in March of 1998 the City Council of the City of Auburn
adopted Resolution No 2925 authorizing the Mayor and City Clerk to execute a
settlement agreement that was subsequently signed by the City of Auburn and
the City of Bonney Lake and
WHEREAS among other items that settlement agreement set forth a
water service area boundary between the City of Auburn and the City of Bonney
Lake and
WHEREAS subsequent to approval of the settlement agreement the
Potential Annexation Areas PM for the City of Auburn and City of Bonney
Lake were amended to coincide with the water service area boundary and
WHEREAS since the time of the agreement it has been found that a
parcel was divided by the water service area boundary set forth in said
settlement agreement and by the subsequent PM boundary established
based on the water service area boundary and said parcel lies partially within
and partially outside of the Auburn PM and
Resolution No 3760
January 18 2005
Page 1 of 2
WHEREAS part of the Lake Tapps Parkway East extension s right of
way also lies partially within and partially outside of the Auburn water service
area boundary established by the settlement agreement and partially within
and partially outside the subsequent PM boundary established based on the
water service area boundary and
WHEREAS sound growth management and transportation planning
principles are best served by including entire parcels and entire street right of
ways entirely within a PM
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor and City Clerk are hereby authorized to execute
Addendum No 1 to the Settlement Agreement between the City of Auburn and
the City of Bonney Lake in substantial conformity with the Addendum attached
hereto marked as Exhibit A and incorporated herein by this reference
Section 2 That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 That this Resolution shall take effect and be in full force upon
passage and signatures hereon
Resolution No 3760
January 18 2005
Page 2 of2
Dated and Signed this day ofTe Ac l 2005
CITY OF AUBURN
m
c
ATTEST
fDt4dr
Danlelle E Daskam
City Clerk
Resolution No 3760
January 18 2005
Page 3 of 2
PE ER B LEWIS
MAYOR
ADDENDUM NO 1
ADDENDUM TO SETTLEMENT AGREEMENT
BETWEEN THE CITY OF BONNEY LAKE AND THE CITY OF AUBURN
RELATING TO WATER SERVICE AREA BOUNDARY
THIS ADDENDUM is made and entered into this It1day of bltU1l
2005 by and between the CITY OF BONNEY LAKE a municipal corporation of teState of
Washington hereinafter referred to as Bonney Lake and the CITY OF AUBURN a municipal
corporation ofthe State ofWashington hereinafter referred to as the Auburn as an addendum to
the Settlement Agreement between the parties executed on the 5th day of March 1998
WIT N E SSE T H
WHEREAS in March 1998 the City Council of the City of Auburn passed Resolution No
2925 authorizing the Mayor and City Clerk to execute a settlement agreement that was subsequently
signed by the City of Auburn and the City of Bonney Lake and
WHEREAS among other items the settlement agreement set forth a water service area
boundary between the City of Auburn and the City of Bonney Lake and
WHEREAS Exhibit B to the settlement agreement implied that Auburn s Urban Growth
Area UGA was established to conform with the water service area boundary set forth in the
settlement agreement and
WHEREAS subsequent to approval of the settlement agreement the Potential Annexation
Area PAA for the City of Auburn was amended to coincide with the water service area boundary
and
WHEREAS Exhibit B to the settlement agreement stated that the UGA and water service
area boundary was established to follow property lines and
WHEREAS since the time of the agreement it has been found that a parcel was divided by
the water service area boundary set forth in said settlement agreement and by the subsequent PAA
boundary established based on the water service area boundary and said parcel lies partially within
and partially outside of the Auburn PAA and
WHEREAS part of the Lake Tapps Parkway East extension s right of way also lies partially
within and partially outside ofthe Auburn water service area boundary established by the settlement
agreement and partially within and partially outside the subsequent PAA boundary established based
on the water service area boundary and
Exhibit A
Resolution No 3760
Page 1 of 4
Addendum No 1 to the March 1998
Auburn Boney Lake Settlement Agreement
Page 1 of 2
WHEREAS sound growth management and planning principles are best served by including
entire parcels within a PAA
NOW THEREFORE in consideration oftheir mutual covenants conditions and promises the
PARTIES DO HEREBY AGREE as follows
ITEM ONE ADDITION OF PROPERTY
The Settlement Agreement is revised to include a portion of Pierce County parcel
052005 4046 a portion of the Lake Tapps Parkway as it extends from the west boundary
of 182nd Ave East west to Auburn s existing Urban Growth Area and a portion of the
natural gas pipe line parcel as noted in the attached Exhibit C Exhibit C attached hereto
and incorporated by reference as if fully set forth herein shall provide both a graphical
representation and a legal description for the parcels that are to be included in Auburn s
UGA for urban services and incorporated into the area that Bonney Lake shall be the
water purveyor for within Auburn s UGA as defined in the original settlement agreement
between Auburn and Bonney Lake
ITEM TWO REMAINING TERMS UNCHANGED
That all other provisions of the Settlement Agreement between the parties executed on
the 5th day of March 1998 shall remain unchanged and in full force and effect
IN WITNESS WHEREOF the parties hereto have executed this Agreement as ofthe day and
year first above written
c c
PETER B LEWIS Mayor
Attest Attest
4d4J 6 IO
Danielle E Daskam City Clerk
Approved as to form
IJ 1 e
ionne City Attorney
J s
Addendum NO 1 to the March 1998
Auburn Boney Lake Settlement Agreement
Page 2 of 2
lame
Exhibit A
Resolution No 3760
Page 2 of 4
EXHIBIT C
ADDENDUM 1
AUBURN BONNEY LAKE SETTLEMENT AGREEMENT
LEGAL DESCRIPTION OF AREA
THAT PORTION OF SECTION 5 TOWNSHIP 20 NORTH RANGE 5 EAST W M IN
PIERCE COUNTY WASHINGTON DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5
THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 5 A DISTANCE OF 1360 FEET MORE OR
LESS TO THE NORTHWESTERLY LINE OF THE LANDS CONVEYED TO EL PASO
NATURAL GAS COMPANY BY DEED RECORDED UNDER PIERCE COUNTY
AUDITOR S NUMBER 2410280
THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE A DISTANCE OF
1880 FEET MORE OR LESS TO THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 5
THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A
DISTANCE OF 700 FEET MORE OR LESS TO THE WEST LINE OF THE LANDS
GRANTED TO PIERCE COUNTY FOR 182ND AVENUE EAST DESCRIBED IN DEED
RECORDED UNDER PIERCE COUNTY AUDITOR S NUMBER 2257762
THENCE SOUTHERLY ALONG THE WEST LINE OF 182ND AVENUE EAST AS
DESCRIBED IN SAID INSTRUMENT A DISTANCE OF 40 FEET MORE OR LESS TO
THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED
RECORDED UNDER AUDITORS FILE NUMBER 9902110924
THENCE WESTERLY ALONG LAST SAID SOUTH LINE AND ALONG THE SOUTH
LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN DEED RECORDED UNDER
AUDITORS FILE NUMBER 200405180889 AND DEPICTED IN MAP ON FILE IN THE
OFFICE OF THE DIRECTOR OF PIERCE COUNTY PUBLIC WORKS AND UTILITIES IN
TACOMA WASHINGTON ENTITLED LAKE TAPPS PARKWAY EAST RIGHT OF
WAY PLAN CRP 5486 AND BEARING APPROVAL DATE OF NOVEMBER 17 2003 A
DISTANCE OF 600 FEET MORE OR LESS TO THE EAST LINE OF THE WEST HALF
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
5
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5 A
DISTANCE OF 1220 FEET MORE OR LESS TO THE POINT OF BEGINNING
i1 S aH ilu V I Yo 8 0 jendui dd c i Ge c ti iLDOC
Exhibit A
Resolution No 3760
Page 3 of 4
EXHIBIT C
Addendum No 1 to the March 199B
Auburn Boney Lake Settlement Agreement
Page 1 of 2
EXHIBIT C
AKE TAPPS P
v
q
0O
EXHIBIT A
RESOLUTION NO 3760
PAGE 4 OF 4
EXHIBIT C
ADDENDUM NO 1 TO THE MARCH 98
AUBURN BONNEY LAKE
SETTLEMENT AGREEMENT
PAGE 2 OF 2
RESOLUTION NO 3886
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY AND NEW
CINGULAR WIRELESS PCS LLC FOR THE PURPOSE
OF LEASING PROPERTY FOR COMMUNICATION
EQUIPMENT
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES as follows
Section 1 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Lease Agreement between the City and New Cingular
Wireless PCS LLC in substantial conformity with the agreement attached
hereto for the purpose of leasing property at 5702 South 316th Street Auburn
for communication equipment A copy of said Agreement is attached hereto
and denominated Exhibit A and incorporated herein by this reference
Section 2 That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Resolution No 3886
August 3 2005
Page 1
c B eMDatedandSignedthisIIdayof 2005
OF AUBURN
P TER B LEWIS
MAYOR
ATTEST
aJdI t JDanielleEDaskam
City Clerk
AP VED AS TO FORM
1
f2J1
aniel B
City Attorney
Resolution No 3886
August 3 2005
Page 2
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT Lease is by and between the Citv of Auburn a
municipal corporation under the existing laws of the State of Washington having a mailing
address of 25 West Main Auburn WA 98001 Landiord and New Cingular Wireless PCS LLC
a Delaware limited liability company successor in interest to AT T Wireless Services of
Washington LLC an Oregon limited liability company dba AT T Wireless by AT T Wireless
Services Inc a Delaware corporation its Member having a mailing address of 6100 Atlantic
Boulevard Norcross GA 30071 Tenant
1 Lease Aqreement
a Landlord hereby leases to Tenant a portion of the real property legally described as
follows
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11 TOWNSHIP 21 NORTH RANGE 4 EAST W M EXCEPT THE
WEST 663 FEET OF THE NORTH 663 FEET OF THE SOUTH 693 FEET
THEREOF AND EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED
TO THE CITY OF AUBURN FOR SOUTH 316TH STREET BY INSTRUMENT
RECORDED UNDER RECORDING NO 8503210865 AS PROVIDED BY
RESOLUTION NO 1565 OF THE CITY OF AUBURN SITUATE IN THE
CITY OF AUBURN COUNTY OF KING STATE OF WASHINGTON
collectively referred to hereinafter as the Property
The Lease includes the right to operate a personal communications service antenna
installation on Landlord s property on the terms and conditions set forth herein
b Tenant agrees to the Lease subject to the following terms and conditions Landlord
hereby leases to Tenant the use of that portion of the Property as legally described as follows
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 663 0
FEET OF THE NORTH 663 0 FEET OF THE SOUTH 693 0 FEET OF THE
NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF
SECTION 11 TOWNSHIP 21 NORTH RANGE 4 E W M THENCE
NORTH 00 25 35 EAST ALONG THE EAST LINE OF SAID PARCEL
249 00 FEET THENCE SOUTH 89 0 34 25 EAST 40 00 FEET TO THE
TRUE POINT OF BEGINNING THENCE CONTINUING SOUTH 89034 25
EAST 80 00 FEET THENCE SOUTH 0 0 25 35 WEST 75 00 FEET
THENCE NORTH 89 0 34 25 WEST 80 00 FEET THENCE NORTH 0 0 25
35 EAST 75 00 FEET TO THE TRUE POINT OF BEGINNING SITUATED
IN THE CITY OF AUBURN RECORDS OF KING COUNTY
WASHINGTON
collectively referred to hereinafter as the Lease Area
The Lease Area located at 5702 South 316t Street Auburn Washinqton comprises
approximately an area not to exceed 6 000 square feet
c The Lease shall be nonexctusive and shall not preclude Landlord from granting a similar
lease right license franchise etc to other carriers or other persons for telecommunications or
any other purpose so long as the subsequent agreement protects Tenant s rights granted by this
Lease
d Landlord further hereby leases to Tenant the use of that portion of the Property as legallydescribedasfollows
BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 663 0 FEET
OF THE NORTH 663 0 FEET OF THE SOUTH 693 0 FEET OF THE
NORTHEAST ONE QUARTER OF THE SOUTHWEST ONE QUARTER OF
SECTION 11 TOWNSHIP 21 NORTH RANGE 4 E W M THENCE NORTH
o 0 25 35 EAST 249 00 FEET THENCE SOUTH 89 0 34 25 EAST 40 00
FEET THENCE SOUTH 0 025 35 WEST 75 00 FEET THENCE SOUTH 89
o 34 25 EAST 80 00 FEET THENCE SOUTH 0 25 35 WEST 47 00
FEET THENCE NORTH 89 034 25 WEST 90 00 FEET THENCE SOUTH
o 0 25 35 WEST 40 00 FEET THENCE SOUTH 48 0 00 00 EAST 80 00
FEET THENCE SOUTH 23 0 30 00 EAST 33 60 FEET MORE OR LESS
TO THE NORTH MARGIN OF SOUTH 316TH STREET THENCE SOUTH 88
039 09 WEST ALONG SAID NORTH MARGIN 103 52 TO THE POINT OF
BEGINNING SITUATED IN THE CITY OF AUBURN RECORDS OF KING
COUNTY WASHINGTON
collectively referred to hereinafter as the Access and Utility Easement
The Access and Utility Easement comprises approximately an area not to exceed 16 155 squarefeet
2 Term The initial term of this Lease shall be five 5 years commencing on September 1
2005 Commencement Date and terminating at midnight on the last day of the initial termInitialTerm
3 Antenna Facilities Tenant may use the Lease Area for the transmission and reception of
radio communication signals and for the construction installation operation maintenance repair
removal or replacement of related facilities necessary for the operation of a telecommunications
facility as well as for access and utilities These facilities include an antenna tower not to exceed
150 feet in height and base together with a supporting outbuilding for housing of electronic
equipment related to the antennas and wireless communications system and an emergency
generator collectively the Antenna Facilities the maintenance of which shall not violate ACC
8 28 010 regarding noise
4 Rent Tenant shall pay Landlord as rent Twelve Thousand and no 100 dollars
12 000 00 per year Rent Rent shall be payable within twenty 20 days following the
Commencement Date and thereafter the Rent will be payable yearly no later than the
anniversary of the Commencement Date to Citv of Auburn Water Utility Fund Account Number
430 369 900 at Landlord s address specified in Section 12 below The Rent shall increase
annually over the Rent payable the preceding year in proportion to the increase of the All Items
category of the Consumer Price Index for Urban Wage Earners and Clerical Workers publishedbytheBureauofLaborStatisticsoftheUSDepartmentofLaborforSeattleEverettMetropolitanAreatheIndexThefirstadjustmentshallbebasedontheamountifanybywhichtheIndex
for the 12month of the Lease term has increased over the Index for the month preceding the
commencement of the lease term Subsequent adjustments will be based on the amount if anybywhichtheIndexforeachsubsequent12monthoftheLeasetermhasincreasedoverthe
Index for the 12 month of the preceding 12 month period It shall be the responsibility of the
Landlord to track the CPI and notify the Tenant of increases or reductions in the Rent Landlord
shall notify Tenant within 90 days of the commencement of the Renewal Term as to the revised
rate at which the Rent shall be increased annually thereafter Landlord will invoice Tenant for
back Rent due or refund over payment as necessary to correct the payment received for the first
year of the Renewal Term If at any time the CPi ceases to incorporate a significant number of
items if a substantial change is made in the method of establishing the CPI or if issuance of the
CPI shall be discontinued then the Landlord and Tenant shall mutually agree upon another
standard recognized cost of living index issued by the United States Government provided that if
the parties cannot reach agreement on such other standard cost of living index then the Landlord
shall select the index closest to the CPI In either case the substitute index chosen shall result in
increases in the Rent similar to those that had been or would have been generated by the CPI
If this Lease is terminated at a time other than on the anniversary of the Commencement Date
Rent shall be prorated as of the date of termination for any reason other than a default by
Tenant and all prepaid Rent shall be refunded to Tenant within sixty 60 days
5 Renewal Tenant may extend this Lease for 5 additional five year terms each a
Renewal Term Each Renewal Term shall be on the same terms and conditions as set forth
herein including the Rent increase set forth in Section 4 above This Lease shall automatically
renew for each successive Renewal Term unless Tenant notifies Landlord in writing of Tenants
intention not to renew this Lease at least ninety 90 days prior to the expiration of the Initial
Term or any Renewal Term Landlord may during any Renewal Term notify Tenant in writing
of Landlord s intention not to renew this Lease for an additional Renewal Term which notice shall
be provided to Tenant at ieast one hundred and eighty 180 days prior to the expiration of the
then in effect Renewal Term Landlord may during the final one hundred and eighty 180 days
of the Initial Term or any Renewal Term conduct a market survey to determine the fair market
value of the Lease The Rent for the next Renewal Term will be established by the results of the
market survey with each subsequent years Rent governed by the terms of Section 4 however
under no circumstance will the Rent decrease as a result of the market survey below the amount
of the most recently established rate in existence prior to the market survey If Landlord and
Tenant cannot reach agreement on the Rent for the next Renewal Term prior to the end of the
initial or any renewal term the Lease will not renew IfTenant shall remain in possession of the
Lease Area at the expiration of this Lease or any Renewal Term without a written agreement
such tenancy shall be deemed a month to month tenancy under the same terms and conditions
of this Lease
6 Interference Tenant and Landlord shall not operate in a manner which interferes with the
other party s operations on the Property Tenants Antenna Facilities and the use thereof shall
not interfere with the use of any other communication or similar equipment of any kind and nature
owned or operated by Landlord or other iessee licensees franchisees etc existing and
operating on the Property prior in time to the commencement of this Lease and subsequent to
the installation by Tenant of the Antenna Facilities Landlord agrees to exercise reasonable care
to assure equipment of subsequent providers leasing space on the Property does not interfere
with Tenants Antenna Facilities operations The Landlord however is not in any way
responsible or liable for any interference with Tenants use of Landlords Property which may be
caused by the use and operation of any other tenants equipment even if caused by new
technology so long as such equipment continues to operate within its existing frequencies and in
compliance with all applicabie laws and FCC rules and regulations In the event there is
interference between Tenant and any third party such interference will be resolved by and
between the parties affected however if such interference cannot be resolved to Tenant s
satisfaction within forty eight 48 hours from commencement of such interference then the
parties acknowledge that Tenant will suffer irreparable injury and therefore Tenant will have the
right in addition to any other rights that it may have at law or in equity to terminate this Lease
upon 30 days notice to Landlord and restore the Landlord s Property to its original condition
reasonable wear and tear and loss due to casualty or other causes beyond Tenants control
excepted
7 Improvements Utilities Access
a Tenant shall have the right at its expense to erect and maintain on the Lease Area
improvements personal property and facilities necessary to operate its communications system
including antenna tower and base radio transmitting and receiving antennas and related cables
and conduits equipment shelters and or cabinets and related cables and utility lines and a
location based system including coaxial cable base units and other associated equipment as
such location based system may be permitted by any cpunty state or federal agency department
Tenant shall have the right to alter replace and expand within the confines of the Lease Area as
defined in Section 1 and without interference to other providers tenants enhance and upgrade
the Antenna Facilities at any time during the term of this Lease Tenant shall cause all
construction to occur lien free and in compliance with all applicable laws and ordinances
Landlord acknowledges that it shall not interfere with any aspects of construction including
attempting to direct construction personnel as to the location of or method of installation of the
Antenna Facilities The Antenna Facilities shall remain the exclusive properly of Tenant Tenant
shall have the right to remove the Antenna Facilities at any time during and upon the expiration or
termination of this Lease
b Tenant shall at its sole expense secure the Lease Area with a perimeter security fence
including a gate at the entrance
c Tenant shall at Tenant s expense keep and maintain the Lease Area and Antenna
Facilities now or hereafter located on the Property in commercially reasonable condition and
repair during the term of this Lease normal wear and tear and loss due to casually or other
causes beyond Tenants control excepted Upon termination or expiration of this Lease the
Lease Area and Antenna Facilities areas shall be returned to Landlord in good usable condition
normal wear and tear and loss due to casualty or other causes beyond Tenants control excepted
within ninety 90 days
d Tenant shall have the right to install utilities power and telephone at Tenant s expense
and to improve the present utilities on the Property including but not limited to the installation of
emergency power generators Landlord agrees to cooperate with Tenant in its reasonable
efforts to acquire necessary utility service Tenant shall wherever practicable install separate
meters for utilities used on the Property by Tenant Landlord shall diligently correct any variation
interruption or failure of utility service within Landlord s control
e Tenant shall have 24 hours a day 7 days a week access to the Lease Area Access at
all times during the Initial Term of this Lease and any Renewal Term In the event Landlord its
employees or agents unreasonably deny Access to Tenant its employees or agents Tenant
shall without waiving any other rights that it may have at law or in equity deduct from Rent
amounts due under this Lease an amount equal to Fifty and no 100 Dollars 50 00 per day for
each day that Access is impeded or denied
8 Termination Except as otherwise provided herein this Lease may be terminated without
any penalty or further liability as follows
a upon thirty 30 days written notice by Landlord if Tenant fails to cure a default for
payment of amounts due under this Lease within that thirty 30 day period
b immediately if Tenant is unable to obtain maintain or otherwise forfeits or cancels any
license including without limitation an FCC license permit or any Governmental Approval
necessary to the installation and or operation of the Antenna Facilities or Tenants business
c upon ninety 90 days written notice by Tenant if the Lease Area or the Antenna Facilities
are or become unacceptable under Tenant s design or engineering specifications for its Antenna
Facilities or the communications system to which the Antenna Facilities belong
e at the time title to the Property transfers to a condemning authority pursuant to a taking of
all or a portion of the Property sufficient in Tenants determination to render the Lease Area
unsuitable for Tenants use Landlord and Tenant shall each be entitled to pursue their own
separate awards with respect to such taking
I Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of
Landlord s responsibility to provide its services and Landlord has no reasonable or economical
altemative site available provided Landlord provides Tenant written notice twelve 12 months in
advance of Landlord s need to re establish Landlord s sole use of the Lease Area UponTenantsreceiptofwrittennoticeTenantshallhavesix6monthstosubmittoLandlord
alternative locations for its Antenna Facilities Such alternative locations may be on the Property
or other properties owned or managed by Landlord Landlord shall evaluate such altematives and
advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tenants
Antenna Facilities To be a suitable altemative location such location will not unreasonably result in
any interruption of the communications service of Tenant on Landlord s Property nor will it impair or
in any manner alter the quality of communications service provided by Tenant on and from
Landlord s owned or managed properties Tenant shall submit additional relevant information to
assist the Landlord in making such evaluation Landlord shall give each altemative location
proposed by Tenant full and fair consideration within a reasonable time so as to allow for the
relocation work to be performed in a timely manner If in Tenant s reasonable judgment no suitable
altemative location can be found Tenant shall remove its Antenna Facilities as otherwise provided in
this Section 7 c of this Lease If an altemative location for Tenants Antenna Facilities is found
Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and
conditions of this Lease
gJ If during the term of this Lease there is a determination made pursuant to an official
unappealable order of the Federal Communications Commission or any other applicable law
order ordinance regulation directive or standard as stated above that use of the Antenna
Facilities by the Tenant poses a human health hazard which cannot be remediated then a
Tenant shall immediately cease all operations of the Antenna Facilities and b the Lease shall
terminate as of the date of such order without further liability If for reasons related to publichealthsafetyorwelfareLandlorddeterminesthatthisLeasemustbeterminatedthenLandlord
reserves rights of unilateral termination and will do so by providing Tenant with a six 6 month
written notice
h Tenant shall be entitled to a pro rata refund of its prepaid Rent for any termination of this
Lease by Landlord pursuant to Subsection 8 1 or 8 g
9 Default and Rioht to Cure Notwithstanding anything contained herein to the contrary and
without waiving any other rights granted to it at law or in equity each party shall have the rightbutnottheobligationtoterminatethisLeaseonwrittennoticepursuanttoSection12hereofto
take effect immediately if the other party i fails to perform any covenant for a period of thirty30daysafterreceiptofwrittennoticethereoftocureoriicommitsamaterialbreachofthis
Lease and fails to diligently pursue such cure to its completion after sixty 60 days written nptice
to the defaulting party
10 Taxes Landlord shall pay when due all real property taxes or other fees and
assessments for the Property including the Lease Area In the event that Landlord fails to pay
any such real property taxes or other fees and assessments Tenant shall have the right but not
the obligation to pay such owed amounts and deduct them from Rent amounts due under this
Lease Notwithstanding the foregoing Tenant shall pay any personal property tax State
leasehold tax excise tax real property tax or any othertax or fee which are directly attributable to
the presence or installation of Tenants Antenna Facilities only for so long as this Lease has not
expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant
the right to challenge whether in a Court Administrative Proceeding or other venue on behalf of
Landlord and or Tenant any personal property or real property tax assessments State leasehold
d immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are
destroyed or damaged so as in Tenants reasonable judgment to substantially and adversely
affect the effective use of the Antenna Facilities In such event all rights and obligations of the
parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to
the reimbursement on a prorated basis of any Rent prepaid by Tenant If Tenant elects to
continue this Lease then all Rent shall abate until the Lease Area and or the Antenna Facilities
are restored to the condition existing immediately prior to such damage or destruction or
e at the time title to the Property transfers to a condemning authority pursuant to a taking of
all or a portion of the Property sufficient in Tenants determination to render the Lease Area
unsuitable for Tenants use Landlord and Tenant shall each be entitled to pursue their own
separate awards with respect to such taking
f Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of
Landlord s responsibility to provide its services and Landlord has no reasonable or economical
alternative site available provided Landlord provides Tenant written notice twelve 12 months in
advance of Landlord s need to reestablish Landlord s sole use of the Lease Area Upon
Tenants receipt of written notice Tenant shall have six 6 months to submit to Landlord
alternative locations for its Antenna Facilities Such alternative locations may be on the Property
or other properties owned or managed by Landlord Landlord shall evaluate such alternatives and
advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tenants
Antenna Facilities To be a suitable alternative location such location will not unreasonably result in
any interruption of the communications service of Tenant on Landlord s Property nor will it impair or
in any manner alter the quality of communications service provided by Tenant on and from
Landlord s owned or managed properties Tenant shall submit additional relevant information to
assist the Landlord in making such evaluation Landlord shall give each alternative location
proposed by Tenant full and fair consideration within a reasonable time so as to allow for the
relocation work to be performed in a timely manner If in Tenants reasonable judgment no suitable
alternative location can be found Tenant shall remove its Antenna Facilities as otherwise provided in
this Section 7 c of this Lease If an alternative location for Tenants Antenna Facilities is found
Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and
conditions of this Lease
g If during the term of this Lease there is a determination made pursuant to an official
unappealable order of the Federal Communications Commission or any other applicable law
order ordinance regulation directive or standard as stated above that use of the Antenna
Facilities by the Tenant poses a human health hazard which cannot be remediated then a
Tenant shall immediately cease all operations of the Antenna Facilities and b the Lease shall
terminate as of the date of such order without further liability If for reasons related to public
health safety or welfare Landlord determines that this Lease must be terminated then Landlord
reserves rights of unilateral termination and will do so by providing Tenant with a six 6 month
written notice
h Tenant shall be entitled to a pro rata refund of its prepaid Rent for any termination of this
Lease by Landlord pursuant to Subsection 8 f or 8 g
9 Default and Rioht to Cure Notwithstanding anything contained herein to the contrary and
without waiving any other rights granted to it at law or in equity each party shall have the right
but not the obligation to terminate this Lease on written notice pursuant to Section 12 hereof to
take effect immediately if the other party i fails to perform any covenant for a period of thirty
30 days after receipt of written notice thereof to cure or ii commits a material breach of this
Lease and fails to diligently pursue such cure to its completion after sixty 60 days written notice
to the defaulting party
10 Taxes Landlord shall pay when due all real property taxes or other fees and
assessments for the Property including the Lease Area In the event that Landlord fails to pay
any such real property taxes or other fees and assessments Tenant shall have the right but not
the obligation to pay such owed amounts and deduct them from Rent amounts due under this
Lease Notwithstanding the foregoing Tenant shall pay any personal property tax State
leasehold tax excise tax real property tax or any other tax or fee which are directly attributable to
the presence or installation of Tenants Antenna Facilities only for so long as this Lease has not
expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant
the right to challenge whether in a Court Administrative Proceeding or other venue on behalf of
Landlord and or Tenant any personal property or real property tax assessments State leasehold
tax or excise tax that may affect Tenant If Landlord receives notice of any personal property or
real property tax assessment State leasehold tax or excise tax against the Landlord which may
affect Tenant and is directly attributable to Tenants installation Landlord shall provide timely
notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such
assessment Further Landlord shall provide to Tenant any and all documentation associated
with the assessment and shall execute any and all documents reasonably necessary to effectuate
the intent of this Section 10
11 Insurance and Subrooation and Indemnification
a Tenant shall provide Commercial General Liability Insurance naming Landlord the City of
Auburn as additional insured in an aggregate amount of Two Million and no 100 dollars
2 000 000 00 Tenant may satisfy this requirement by obtaining the appropriate endorsement
to any master policy of liability insurance Tenant may maintain
b Tenant shall indemnify protect defend and hold Landlord and its employees and agents
harmless from and against any and all claims liabilities judgments costs damages and
expenses including reasonable attorney s fees arising out of or in any way related to Tenants
operation of the Antenna Facilities including but not limited to the installation maintenance
operation or removal thereof except to the extent that such claim liability judgment cost
damage or expense arises out of the negligent act or omission or willful misconduct of Landlord
or its employees or agents Landlord shall not be liable to Tenant its agents employees and
contractors for damage to the Antenna Facilities or any other property belonging to Tenant from
any cause except for any damage caused by the negligent act or omission or willful misconduct
of Landlord or its employees or agents Tenant waives all claims against Landlord and its
employees and agents for damage to persons or Antenna Facilities or property arising for any
reason other than a claim based on the negligent act or omission or willful misconduct of Landlord
or its employees or agents Landlord and its employees and agents shall have no liability to
Tenant for any interruption of any utility service unless caused by the negligent act or omission or
willful misconduct of Landlord or its employees or agents
Should a court of competent jurisdiction determine that this Lease is subject to RCW 4 24 115
then 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 Tenant and the Landlord
its officers officiais employees and volunteers the Landlord s liability hereunder shall be only to
the extent of the Landlord s negligence It is further specifically and expressly understood that the
indemnification provided herein constitutes the Tenants waiver of immunity under Industrial
Insurance Title 51 RCW solely for the purposes of this indemnification This waiver has been
mutually negotiated by the parties The provisions of this section shall survive the expiration or
termination of this Lease
12 Notices All notices requests demands and other communications shall be in writing
and are effective three 3 days after deposit in the U S mail certified and postage paid or upon
receipt if personally delivered or sent by next business day delivery via a nationally recognized
overnight courier to the addresses set forth below Landlord or Tenant may from time to time
designate any other address for this purpose by providing written notice to the other party
If to Tenant to With a copv to
co Cingular Wireless LLC
Atln Network Real Estate Administration
6100 Atlantic Boulevard
Norcross GA 30071
Re Site SS02 Aubum
Cingular Wireless PCS LLC
Atln Legal Department
15 East Midland Avenue
Paramus NJ 07652
Re Site SS02 Auburn
Ifto Landlord to wnh a copv to
Public Works Director
City of Auburn
25 West Main St
Auburn WA 98001
City Attorney
City of Auburn
25 West Main St
Auburn WA 98001
13 Quiet Eniovment Title and Authoritv Landlord covenants and warrants to Tenant that i
Landlord has full right power and authority to execute this Lease i1 it has good and
unencumbered title to the Properly free and clear of any liens or mortgages except those
disclosed to Tenant and which will not interfere with Tenants rights to or use of the Lease Area
and i1i execution and performance of this Lease will not violate any laws ordinances covenants
or the provisions of any mortgage lease or other agreement binding on Landlord
14 Environmental Laws Landlord represents that it has no knowledge of any substance
chemical or waste collectively Hazardous Substance on the Properly that is identified as
hazardous toxic or dangerous in any applicable federal state or local law or reguiation Landlord
and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of
any applicable law Landiord shall be responsible for and shall promptly conduct any
investigation and remediation as required by any applicable environmental laws for all spills or
other releases of any Hazardous Substance not caused in whole or in part by Tenant that have
occurred or which may occur on the Property Each parly agrees to defend indemnify and hold
harmless the other from and against any and all administrative and judicial actions and rulings
claims causes of action demands and liability collectively Claims including but not limited to
damages costs expenses assessments penalties fines losses judgments and reasonable
attorney fees that the indemnnee may suffer or incur due to the existence or discovery of any
Hazardous Substances on the Properly or the migration of any Hazardous Substance to other
properties or the release of any Hazardous Substance into the environment collectively
Actions that relate to or arise from the indemnitor s activities on the Property Landlord agrees
to defend indemnify and hold Tenant harmless from Claims resulting from Actions on the
Property not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal
Term of this Lease The indemnifications in this section specifically include without limitation
costs incurred in connection with any investigation of site conditions or any cleanup remedial
removal or restoration work required by any governmental authority This Section 14 shall
survive the termination or expiration of this Lease
15 Assionment and Subleasino All of the terms and provisions contained herein shall
inure to the benefit of and shall be binding upon the parties hereto and their respective heirs
legal representatives successors and assigns This Lease shall not be assigned by Tenant
without the express written consent of Landlord which consent shall not be unreasonably
withheld delayed or conditioned Any attempted assignment in vioiation of this Section shall be
void The transfer of the rights and obligations of Tenant to a parent subsidiary or other affiliate
of Tenant or to any successor In interest or entity acquiring fifty one percent 51 or more of
Tenants stock or assets shall not be deemed an assignment Tenant shall give to Landlord
thirty 30 days prior written notice of any such transfer
Additionally Tenant may upon notice to Landlord mortgage or grant a security interest
in this Lease and the Antenna Facilities and may assign this Lease and the Antenna Facilities to
any mortgagees or holders of security interests including their successors or assigns collectivelyMortgageesprovidedsuchMortgageesagreetobeboundbythetermsandprovisionsofthis
Lease In such event Landlord shall execute such consent to leasehold financing as mayreasonablyberequiredbyMortgageesLandlordagreestonotifyTenantandTenants
Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to
cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
Lease Area except that the cure period for any Mortgagees shall not be less than thirty 30 daysafterreceiptofthedefaultnoticeasprovidedinSection9ofthisLeaseAllsuchnoticesto
Mortgagees shall be sent to Mortgagees at the address specified by Tenant Failure by Landlord
to give Mortgagees such notice shall not diminish Landlord s rights against Tenant but shall
preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or
Mortgagees located on the Lease Area
The Lease Area shall be used exclusively as a site for a wireless telecommunications
facility The Tenant may allowuse of all or a portion of the Lease Area or their Antenna Facilities
by others with prior written approval of the Landlord
16 Removal of Antenna Facilities The Antenna Facilities are and shall remain the propertyoftheTenantandupontheexpirationorearlierterminationofthisLeaseTenantshallatTenantssolecostandexpenseremovetheAntennaFacilitiesandrestoretheLeaseAreatoits
original condition normal wear and tear and loss due to casualty or other causes beyondTenantscontrolexcluded
17 Miscellaneous
a The substantially prevailing party in any litigation including any arbitration to which the
parties shall submit arising hereunder shall be entitled to its reasonable attorneys fees and court
costs including appeals if any
b This Lease constitutes the entire agreement and understanding of the parties and
supersedes all offers negotiations and other agreements There are no representations or
understandings of any kind not set forth herein Any amendments to this Lease must be in writingandexecutedbybothpartiesAtsuchtimeastheAuburnCityCouncilapprovesanyregulationaffectingtelecommunicationsTenantagreestoamendthisLeaseasdeterminedbythe
Landlord in order to compiy with any future ordinance related to telecommunications providedhoweverthatinnoeventshallsuchregulationimateriallyinterferewithoraffectTenants
operation of its Antenna Facilities or iI increase Tenants financial obligations under the terms of
this Lease except as provided herein or impose some new financial obligations not alreadycontemplatedbythisLeaseNoamendmentchangeormodificationofthisLeaseshallbevalid
unless in writing and signed by all parties hereto
c Each party agrees to cooperate with the other in executing any documents including a
Memorandum of Lease in substantially the form attached hereto as Exhibit A necessary to
protect its rights or use of the Lease Area The Memorandum of Lease may be recorded in placeofthisLeasebyeitherpartyIntheeventthePropertyisencumberedbyamortgageordeedof
trust Landlord agrees upon request of Tenant to obtain and furnish to Tenant a non disturbance
and attornment agreement for each such mortgage or deed of trust in a form reasonablyacceptabletoTenantTenantmayobtaintitleinsuranceonitsinterestintheLeaseArea
d This Lease shall be construed in accordance with the laws of the state in which the
Property is located
e If any term of this Lease is found to be void or invalid such finding shall not affect the
remaining terms of this Lease which shall continue in full force and effect The parties agree thatifanyprovisionsaredeemednotenforceabletheyshallbedeemedmodifiedtotheextent
necessary to make them enforceable No provision of this Lease will be deemed waived by either
party unless expressly waived in writing signed by the waiving party No waiver shall be impliedbydelayoranyotheractoromissionofeitherpartyNowaiverbyeitherpartyofanyprovisionof
this Lease shall be deemed a waiver of such provision with respect to any subsequent matterrelatingtosuchprovision
f The persons who have executed this Lease represent and warrant that they are dulyauthorizedtoexecutethisLeaseintheirindividualorrepresentativecapacityasindicated
gl This Lease may be executed in any number of counterpart copies each of which shall be
deemed an original but all of which together shall constitute a single instrument
h All Exhibits referred to herein and any Addenda are incorporated herein for all purposesThepartiesunderstandandacknowiedgethatExhibitAMemorandumofLeaseisattachedtothisSiteLeaseAgreementThetermsofallExhibitsareincorporatedhereinforallpurposes
i If Landlord is represented by any broker or any other leasing agent Landlord is
responsible for all commission fees or other payment to such agent and agrees to indemnify andholdTenantharmlessfromallclaimsbysuchbrokeroranyoneclaimingthroughsuchbrokerIf
Tenant is represented by any broker or any other leasing agent Tenant is responsible for all
commission fee or other payment to such agent and agrees to indemnify and hold Landlord
harmless from all claims by such broker or anyone claiming through such broker
18 Headinos The caption and paragraph headings used in this Lease are inserted for
convenience of reference only and are not intended to define limit or affect the interpretation or
construction of any term or provision hereof
19 Liens Except with respect to activities for which Landlord is responsible Tenant shall
pay as due all ciaims for work done on and for services rendered or material furnished to the
Antenna i1ity and shall keep the Antenna Facility free from all liens
burrL
r
lBy
Its SEP 1 9 2005
Taxpayer ID Number 9 00 122 g
Date
TENANT
New Cingular Wireless PCS LLC
a Delaware limited liability company
By
Print Name SOLl
Its Ll R f vr e A
Date I
acknowledgements to follow on next page
STATE OF bJA
COUNTY OF k IJ e
ss
I certify that I know or have satisfactory evidence that Ate 13 JL h1s the personwhoappearedbeforemeandsaidpersonacknowledgedthathesignedthisinstrumentonoath
stated at he was authorized to execute the strument and acknowledged it as theatofhoffttbtrl1tobethefreeandvoluntaryactofsuchpartyfortheusesandpurposesmentionedin the
instrument fDatedI 20GJ 1J lONotaryPublic
Print Name 2 6111 lie G JJ IU
residing at GrllA CJ
My commission expires itJ Z S 7
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O orq OS J
ofmrIIftLtC
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0 07 OI76tjSl
Use this space for notary stamp seal
STATE OF w 1I1A6mN
ss
COUNTY OF VAy
I certify that I know or have satisfactory evidence that IE Vdtt AUI is the
person who appeared before me and said person acknowledged that he signed this instrument
on oath stated that he was authorized to execute the instrument and acknowledged it as the
N1T1e lJJldTtJR of New Cinguiar Wireless PCS LLC the limited liability companytobethefreeandvoluntaryactofsuchpartyfortheusesandpurposesmentionedinthe
instrument
Dated IcJ Ofj
o ry Public
Print Name
residing at JfJ rrte IAfiMycommissionexpirest 1NotaryPublic
State of Woshlngton
HEATHER MAREE VtllilGHT
Y AppoIntment Expires Mar 14 2009
Use this space for notary stamp seal
Exhibit A
MEMORANDUM OF LEASE
to the Site Lease Agreement executed on the jtc day of s l 2005 by and
between the City of Auburn as Landlord and New Cingular Wireless PC LLC as Tenant
MOL to follow on next page
Return to
Graham Dunn PC Busch
Pier 70
2801 Aiaskan Way
Suite 300
Seattle WA 98121
Re Cell Site SS02 Cell Site Name Auburn
State Washington
County King
MEMORANDUM
OF
LEASE
THIS MEMORANDUM OF LEASE is by and between the City of Auburn a municipal
corporation under the existing laws of the State of Washington having a mailing address of 25
West Main Auburn WA 98001 Landlord and New CinQular Wireless PCS LLC a Delaware
limited liability company having a mailing address of 6100 Atlantic Boulevard Norcross GA
30071 Tenant
1 Landl d and Tenant entered into a certain Site Lease Agreement Lease on the9dayoft2005forthepurposeofinstallingoperatingand
maintaining a comm nications faCility and other improvements All of the foregoing
are set forth in the Lease
2 Landlord is leasing to Tenant a portion of the Property described in Exhibit A
annexed hereto
3 The initial term of the five 5 years commences on September 1 2005 The Lease
will automatically renew for five 5 separate consecutive periods of five 5 years
each upon the same terms and conditions of the Lease unless Tenant notifies
Landlord in writing of Tenants intention not to renew the Lease at least ninety 90
days prior to the expiration of the existing term Unless earlier terminated the Lease
will expire on August 31 2035
4 This Memorandum of Lease is not intended to amend or modify and shall not be
deemed or construed as amending or modifying any of the terms conditions or
provisions of the Lease all of which are hereby ratified and affirmed In the event of a
conflict between the provisions of this Memorandum of Lease and the provisions of
the Lease the provisions of the Lease shall control
5 The Lease shall be binding upon and inure to the benefit of the parties and their
respective heirs successors and assigns subject to the provisions of the Lease
IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the
day and year first above written
0
By 1PrintName
Its cv4tD71VM L2 JI dfiDatetooS
acknowledgements to follow on next page
STATE OF tu4
COUNTY OF I V
ss
I certify that I know or have satisfactory evidence that tey g LeiSis the personwhoappearedbeforemeandsaidpersonacknowledgedthathesignedthisinstrumentonoathstatedthathewasauthorizedtoexecutetheinstrumentandacknojllledgeditastheIIAfUofGiiroTlubur1tobethefreendvoluntaryactofsuchpartyfortheusesandpurposesmentionedinthe
instrument Jrd 9Dated s
f jCfJA
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residing at E11 IUd
My commission expires IJ 2 Z7 7
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0 VNOJd t
0eoLdWjlcCotoG0s007IfAO
Use this 8106 OI1lotary stamp seal
STATE OF Jtt4W nlAJ
ss
COUNTYOF AVU4
I certify that I know or have satisfactory evidence that E nA kolJ is the
person who appeared before me and said person acknowledged that he signed this instrument
on oath stated that he was authorized to execute the instrument and acknowledged it as theEltEWTInill7ofNewCingularWirelessPCSLLCthelimitedliabilitycompanytobethefreeandvoluntaryactofsuchpartyfortheusesandpurposesmentionedintheinstrument
Dated 0 05
Notory PubNc
Stole ot WoshlngtonHEATHERMAREEWRIGHT
AppoIntment Expires Mar 14 2009
Use this space for notary stamp seal
N ary Public
Pn t Name
residing at
My commission expires
EXHIBIT A
DESCRIPTION OF PROPERTY
to the Memorandum of Lease executed on the qJ day of 1 2005 by and
between the City of Auburn as Landlord and New Cingular Wireless PC LLC as Tenant
The Property is described and or depicted as follows
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11 TOWNSHIP 21 NORTH RANGE 4 EAST W M EXCEPT THE
WEST 663 FEET OF THE NORTH 663 FEET OF THE SOUTH 693 FEET
THEREOF AND EXCEPT THE SOUTH 30 FEET THEREOF CONVEYED
TOTHE CITY OF AUBURN FOR SOUTH 316TH STREET BY INSTRUMENT
RECORDED UNDER RECORDING NO 8503210865 AS PROVIDED BY
RESOLUTION NO 1565 OF THE CITY OF AUBURN SITUATE IN THE
CITY OF AUBURN COUNTY OF KING STATE OF WASHINGTON
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
111111 111111111111 I
20060210002255
PACIFIC NW TIT INTERLOCA 44 00
PAGE001 OF 013
0Z 10 Z006 15 46
I OU
RECORDER S COVER SHEET
Document Title s or transactions contained therein
RJN 3 A dInterlocalAgreementResolutionNo3817CNiQ @144
Reference Number s of Documents assigned or released
DAdditional reference s on page of document
Grantor s Borrower s Last name first then first name and initials
Auburn City of
Grantee Assignee Beneficiary Last name first
1 Covington Water District
2 King County Water District No 111
Legal Description abbreviated ie lot block plat or section township range
PER RCW 39 34
D Additional legal is on page of document
Assessor s Property Tax Parcel Account Number
N A
o Assessor Tax not yet assigned
Said document s were fNed forrecordbyPacificNorthwestTitieasmodationonlyIthasnotbeenexaminedastoproperexeouttonorastoitsaffectupontitle
RESOLUTION NO 3817
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERiM WATER SALES
AGREEMENT BETWEEN THE CITY OF AUBURN AND
COVINGTON WATER DISTRICT AND WATER DISTRICT NO
111
WHEREAS the City Council of the City of Auburn Washington adopted
Resolution No 3482 on June 17 2002 authorizing the execution of an Interim
Water Sales Agreement between Covington Water District Covington King
County Water District No 111 WD 111 and the City of Auburn Auburn under
the authority of their respective enabling legislation and under the authority of
Chapter 39 34 RCW the Interlocal Cooperation Act and
WHEREAS the parties desire to continue the intent of the Agreement to
avoid unpredictable water sales and create a predictable and reliable cost for
wholesale water to be sold by Auburn to Covington and WD 111 and
WHEREAS it is in the public interest for the parties herein to continue
the intent of the interim water sales agreement and
WHEREAS this Agreement supersedes and replaces the Interim Water
Sales Agreement between Auburn Covington and WD 111 which was
approved by Resolution No 3482 and executed on June 17 2002
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Resolution No 3817
January 28 2005
Page
Section 1 The Mayor is hereby authorized to execute an Interim
Water Sales Agreement between Auburn and Covington and WD 111 in
substantial conformity with the agreement attached hereto marked as Exhibit
A and incorporated herein by this reference
Section 2 That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Dated and Signed this J J day of 1 J 7 2005
C FA
PE ER B LEWIS
MAYOR
ATTEST
l
f I2Pdf
Daliielle E Daskam
City Clerk
APPF3OVED AS TO FORM t1I
I 1fiii
Resolution No 3817
January 28 2005
Page 2
Exhibit A
INTERIM WATER SALES AGREEMENT
between
COVINGTON WATER DISTRICT
KING COUNTY WATER DISTRICT NO 111
and the
CITY of AUBURN
This Agreement Agreement is made and entered into this V Ilt day of
February 2005 by and between Covington Water District Covington a Municipal
Corporation King County Water District No 111 WD III a Municipal Corporation
collectively referred to herein as the Districts and the City of Auburn Auburn a
Municipal Corporation
Recitals
A The parties to this Agreement are also parties to Interlocal
Agreement 2 for the Lea Hilllntertie Project between Covington
Water District King County Water District 111 and the City of
Auburn IA2
B The parties desire to avoid unpredictable water sales and create a
predictable and reliable cost for wholesale water to be sold by
Auburn to the Districts
C By guaranteeing a minimum purchase of water for a given period of
time ie a take or pay approach the cost of water which to a
significant extent is based on peaking factors can be minimized for
all of Auburn s customers
Exhibit A
Resolution 3817
1
D This Agreement is intended to establish a rate for a fixed block of
water for the mutual benefit of the parties of this Agreement
E It is in the interest of the Districts to have a predictable supply of
water available and in Auburn s interest to have a predictable and
consistent source of revenue from the sale of such water
F The parties are authorized to enter into this Agreement under the
authority of their respective enabling legislation and under the
authority of Chapter 39 34 RCW the Interlocal Cooperation Act
G The 1 5 million gallons of water per day MGD take or pay water
provided for in this Agreement is a portion of and not in addition to
the 5 MGD as addressed in 1A2
Now therefore in consideration of the mutual covenants and
promises
contained herein and for other good and valuable consideration the
adequacy of which is hereby acknowledged the parties hereby agree as
follows
1 TAKE OR PAY The Districts agree to purchase an average of 1 5
MGD of water from Auburn on a take or pay basis Take or pay
shall mean that the Districts shall pay for 1 5 MGD whether or not
the water is actually taken by the Districts the take or pay water
also referred to in this Agreement as the Block of water provided
Exhibit A
Resolution 3817
2
the Block of water may be modified as set forth in Paragraph 5
Annual Review and Adjustment herein If the Districts cannot
accept 1 5 mgd due to an emergency as defined in Paragraph 7
they will be billed for the water they receive at the Block rate
CHARGES FOR WATER The Districts shall pay the rate per one
hundred cubic feet of water CCF for the 1 5 MGD Block shown in
Exhibit 1 attached hereto which is by this reference incorporated
except as further addressed in Paragraph 3 herein Any water taken in
excess Excess Water during the summer June 1 through
September 30 shall be billed at the summer overage rate shown in
Exhibit 1 Any water taken during an emergency within the Covington
and or WD 111 systems as defined in Paragraph 7 shall be billed at
the 1 5 mgd Block rate Auburn shall send one monthly bill to WD 111
for all water purchased by the Districts
ID QUANTITY AVAILABLE DELIVERED The 1 5 MGD Block of water
shall be defined as a block of water to be delivered at an average rate
of 1 5 MGD measured over a rolling 3 day period with total quantities
delivered within any single day being no more than 10 more or less
than 1 5 MGD at the Auburn Intertie Pump Station meter Master
Meter If the Districts are unable for any reason to accept the Block of
water the minimum monthly payment shall be 1 5 MGD multiplied by
the rate then in effect pursuant to Paragraph 2 above If Auburn is
Exhibit A
Resolution 3817
3
unable to deliver the amount of water requested by the Districts up to
the Block of water then Auburn will bill the Districts for the amount of
water actually delivered at the block rate pursuant to Paragraph 2
above For the take or pay water Block provided for herein the
Districts will be served on the same basis and with the same reliability
as service is provided to Auburn s retail customers and any
curtailment restrictions or limitations on delivery shall be on same
basis as curtailment restrictions or limitations on delivery to Auburn s
retail customers
ANNUAL TRUE UP OF THE TAKE OR PAY QUANTITY
DELIVERED The Master Meter is located at the Lea Hill Intertie
Pump Station to measure the flow of water
The Master Meter will be read in January of each year to
adjust for differences between the Master Meter and the water
calculated to have been sold under this take or pay agreement
Billing for differences between the Master Meter and the calculated
quantities will be charged or credited at the take or pay rate to the
District s accounts
ID ANNUAL REVIEW AND ADJUSTMENT The initial Block of 1 5 MGD
shall remain in effect through December 31 2010 Each year the
take or pay Block may be increased by mutual agreement By
September 1 of each year the Districts shall notify Auburn of their
Exhibit A
Resolution 3817
4
intent to continue without change or request an increase in the Block
quantity Any requested change in the Block quantity would be
effective January 1 of the year following the request In the event that
neither party communicates its intent under this provision the Block
shall be deemed to continue unchanged
ill TERM This Agreement shall remain in full force and effect from the
first day of the month following the execution of this Agreement
through December 31 2010 provided that this Agreement shall
automatically be renewed for an additional year at the conclusion of
the term of this Agreement or any extension thereof unless any party
provides the others with notice of an intent not to extend this
Agreement which notice shall be received by the other parties not less
than one year prior to the expiration of the term of this Agreement or
any extension thereof The termination of this Agreement shall not
affect any rights or obligations under IA2
Il EMERGENCIES For purposes of this Agreement an emergency
shall be defined as resulting from a water shortage a major water line
break fire demand contamination to the water supply system
mechanical equipment failure electrical equipment failure or Puget
Sound Energy facility failure or any other mutually agreed upon
emergency within the water supply system An emergency period
shall be for no more than five 5 working days without written request
Exhibit A
Resolution 3817
5
by the Districts and approval by Auburn in writing to extend the
emergency period The City may change reduce or limit the time for
or temporarily discontinue any water supplied for an emergency in
excess of the Block quantity without notice Prior to a planned
interruption or limiting of emergency service the City will notify the
Districts of such not less than three days prior to the service disruption
The City agrees to use best efforts and reasonable diligence to notify
the Districts as soon after it becomes aware of the need for emergency
service disruption and further will to the extent practical limit the
service disruption to daylight hours
ID JOINT AND SEVERAL OBLIGATION The obligation of the Districts
as set forth therein shall be a Joint and Several obligation of the
Districts Allocation of the take or pay Block of water and the payment
for such water shall be negotiated between the Districts outside of this
Agreement
ID PRIOR AGREEMENT SUPERSEDED This Agreement supersedes
and replaces the Interim Water Sales Agreement between Auburn
Covington and WD 111 executed on June 17 2002
Exhibit A
Resolution 3817
6
In witness whereof the participants hereto have caused this
day of tebrM ry
ATTEST
i dI1u1rbamelleEDaskam
City Clerk
FAU
y
PETER B LEWIS
MAYOR
7
COVINGTON WATER DISTRICT
1
l J
KING COUNTY WATER DISTRICT NO 111
td Jdf
GENERAL MANAGER
ATTEST
Ik
APPROVESTOtORMIu
Distict Attorney
l
8
Interim Water Sales Aareement
Between
Covinaton Water District
Kina County Water District No 111
And the
City of Auburn
Exhibit 1
Take or Pay Monthl Rates
Year Base Charge 1 5 MGD and Summer
Winter Overage Overage
Rate
2005 175 00 0 85 1 5 MGD rate
0 25
2006 175 00 0 85 1 5 MGD rate
0 25
2007 175 00 0 85 1 5 MGD rate
0 25
2008 175 00 0 85 X CPI 1 5 MGD rate
0 25
2009 175 00 2008 Rate X 1 5 MGD rate
CPI 0 25
2010 175 00 2009 Rate X 1 5 MGD rate
CPI 0 25
Covington and WD 111 are each responsible for paying a Base Charge of 175 00
per month per district
CPI means the Consumer Price Index Urban for the Seattle Tacoma
Bremerton area for the month of October of the prior year divided by the October
value of the year prior to that see example below
Example
CPI for 2008 equals the October 2007 CPI value divided by the October 2006
value
9
RESOLUTION NO 4018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN WASHINGTON AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY AND CLEARWIRE
LLC FOR THE PURPOSE OF LEASING PROPERTY FOR
COMMUNICATION EQUIPMENT
THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A
REGULAR MEETING DULY ASSEMBLED HEREBY RESOLVES as follows
Section 1 The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute a Lease Agreement between the City and Clearwire LLC
for the purpose of leasing space on the Lakeland Hills water reservoir for
communication equipment A copy of said Agreement is attached hereto and
denominated Exhibit A and incorporated herein by this reference
Section 2 That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Resolution No 4018
April 18 2006
Page 1
r
Dated and Signed this day OfYVlcur 2006
CITY OF AUBURN
wCS
PETER B LEWIS
MAYOR
ATTEST
APPROVED AS TO FORM
Resolution No 4018
April 18 2006
Page 2
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT Lease is by and between the City of Auburn a
municipal corporation under the existing laws of the State of Washington having a mailing
address of 25 West Main Auburn WA 98001 Landlord and Clearwire LLC a Nevada limited
liability company Tenant
1 Lease Aqreement Landlord hereby leases to Tenant the property generally described
and depicted in Exhibit A Memorandum of Lease attached hereto and incorporated by reference
Lease Area including space on Landlord s water tank located on the Property Water Tank
Area said lease area being a portion of the real property legally described in Exhibit A
Property The Lease shall be nonexclusive and shall not preclude Landlord from granting a
similar lease right license franchise etc to other carriers or other persons for
telecommunications or any other purpose so long as the subsequent agreement protects
Tenants rights granted by this Lease
2 Term This Lease shall commence on the date of full execution hereof Commencement
Date and run for a period of five 5 years terminating at midnight on the fifth anniversary of the
Commencement Date Initial Term
3 Tenants Use of the Lease Area Antenna Facilities
a Tenants use of the Lease Area and Property shall be strictly limited to those uses set
forth in this Section 3 Tenant may use the Lease Area for the transmission and reception of
radio communication signals and for the construction installation operation maintenance repair
removal or replacement of related facilities necessary for the operation of a telecommunications
facility as well as for access and utilities Tenant may place its ground based telecommunications
equipment only within the portion of the Lease Area identified as the Compound on Exhibit A
Tenant may install antennas within the Water Tank Area
b Tenant shall have the right at its expense to erect and maintain on the Lease Area
improvements personal property and facilities necessary to operate its communications system
including radio transmitting and receiving antennas and related cables and conduits equipment
shelters and or cabinets and related cables and utility lines and a location based system
including coaxial cable base units and other associated equipment as such location based
system may be permitted by any county state or federal agency department Tenant shall have
the right to alter replace and expand within the confines of the Lease Area as defined in Section
1 and without interference to other providers tenants enhance and upgrade the Antenna
Facilities at any time during the term of this Lease Tenant shall cause all construction and
operation to occur lien free and in compliance with all applicable laws and ordinances Landlord
acknowledges that it shall not interfere with any aspects of construction including attempting to
direct construction personnel as to the location of or method of installation of the Antenna
Facilities The Antenna Facilities shall remain the exclusive property of Tenant Tenant shall
have the right to remove the Antenna Facilities at any time during and upon the expiration or
termination of this Lease
c Tenant shall at Tenants expense keep and maintain the Lease Area and Antenna
Facilities now or hereafter located on the Property in commercially reasonable condition and
repair during the term of this Lease normal wear and tear and loss due to casualty or other
causes beyond Tenants control excepted Tenant may install and maintain landscape plantings
within the Lease Area Tenant shall replace any existing landscape plantings damaged during
the installation or operation of Tenants Antenna Facilities Upon termination or expiration of this
Lease the Lease Area shall be returned to Landlord in good usable condition normal wear and
tear and loss due to casualty or other causes beyond Tenant s control excepted within ninety
90 days
d Tenant shall remove any and all telecommunications equipment and appurtenances
installed by Metricom Inc on the Water Tank or Property Rather than removing Metricom Inc
equipment and appurtenances Tenant may choose to utilize all or a portion of the equipment and
appurtenances if it is in good and safe working order Any Metricom Inc equipment removed by
Tenant is to be disposed of legally at Tenants expense
e In addition to using the Lease Area Tenant may utilize the Property to install and use
underground conduits running from the Compound in a generally straight line to the base of the
Water Tank and then extend up the side of the Water Tank to the Antenna Facilities
f Tenant shall have the right to install utilities power and telephone at Tenant s expense
and to improve the present utilities on the Property including but not limited to the installation of
emergency power generators Landlord agrees to cooperate with Tenant in its reasonable
efforts to acquire necessary utility service Tenant shall wherever practicable install separate
meters for utilities used on the Property by Tenant Landlord shall diligently correct any variation
interruption or failure of utility service within Landlord s control
g Prior to installation of equipment Tenant shall submit for Landlord review and approval
which approval shall not be unreasonably withheld or delayed an electrical and grounding
connection plan that assures no interference with the Water Tank cathodic protection system
The plan shall include a 3 minimum diameter common use conduit enclosure for cables from the
ground level to top of tank This conduit may be utilized by other telecommunication providers
until such time as it is filled to capacity at which time new providers will need to pay for upsizing
Upon Landlord approval of the plans Tenant may proceed to install and operate the Antenna
Facilities
4 Rent
a Tenant shall pay Landlord as rent 12 000 Thousand and no 100 dollars 12 000 00
per year Rent Rent shall be payable within twenty 20 days following the Commencement
Date and thereafter the Rent will be payable yearly no later than the anniversary of the
Commencement Date to Citv of Auburn Water Utilitv Fund Account Number 430 369 900 at
Landlord s address specified in Section 13 below The Rent shall increase annually over the
Rent payable the preceding year in proportion to the increase of the All Items category of the
Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of
Labor Statistics of the U S Department of Labor for Seattle Everett Metropolitan Area the
Index The first adjustment shall be based on the amount if any by which the Index for the
1 ih month of the Lease term has increased over the Index for the month preceding the
commencement of the lease term Subsequent adjustments will be based on the amount if any
by which the Index for each subsequent 1 ih month of the Lease term has increased over the
Index for the 1 ih month of the preceding 12 month period It shall be the responsibility of the
Landlord to track the CPI and notify the Tenant of increases or reductions in the Rent Landlord
shall notify Tenant within 90 days of the commencement of the Renewal Term as to the revised
rate at which the Rent shall be increased annually thereafter Landlord will invoice Tenant for
back Rent due or refund over payment as necessary to correct the payment received for the first
year of the Renewal Term If at any time the CPI ceases to incorporate a significant number of
items if a substantial change is made in the method of establishing the CPI or if issuance of the
CPI shall be discontinued then the Landlord and Tenant shall mutually agree upon another
standard recognized cost of living index issued by the United States Government provided that if
the parties cannot reach agreement on such other standard cost of living index then the Landlord
shall select the index closest to the CPI In either case the substitute index chosen shall result in
increases in the Rent similar to those that had been or would have been generated by the CPI
If this Lease is terminated for any reason other than a default by Tenant at a time other than on
the anniversary of the Commencement Date Rent shall be prorated as of the date of termination
and all prepaid Rent shall be refunded to Tenant within sixty 60 days
b In addition to the monetary rent described in section 4 a Tenant shall provide Landlord
with twenty five 25 Clearwire base data service accounts or equivalent for Landlord use
Tenant shall cover any service charges for the accounts provided to Landlord under this
Agreement for the duration of the Initial Term and any Renewal Terms Landlord may require
additional service accounts each additional account requested by Landlord and provided by
Tenant shall reduce the annual rent by Twenty Five Dollars 25 00 per month Landlord
agrees to purchase from Tenant at Tenants cost any communication hardware required to
utilize the accounts provided by Tenant under this Agreement
5 Renewal Tenant may extend this Lease for 5 additional five year terms each a
Renewal Term Each Renewal Term shall be on the same terms and conditions as set forth
herein including the Rent increase set forth in Section 4 above This Lease shall automatically
renew for each successive Renewal Term unless Tenant notifies Landlord in writing of Tenant s
intention not to renew this Lease at least ninety 90 days prior to the expiration of the Initial
Term or any Renewal Term Landlord may during any Renewal Term notify Tenant in writing
of Landlord s intention not to renew this Lease for an additional Renewal Term which notice shall
be provided to Tenant at least one hundred and eighty 180 days prior to the expiration of the
then in effect Renewal Term If Tenant shall remain in possession of the Lease Area at the
expiration of this Lease or any Renewal Term without a written agreement such tenancy shall be
deemed a month to month tenancy under the same terms and conditions of this Lease
6 Interference Tenant and Landlord shall not operate in a manner which interferes with the
other party s operations on the Property Tenants Antenna Facilities and the use thereof shall
not interfere with the use of any other communication or similar equipment of any kind and nature
owned or operated by Landlord or other lessee licensees franchisees etc existing and
operating on the Property prior in time to the commencement of this Lease and subsequent to
the installation by Tenant of the Antenna Facilities Landlord agrees to exercise reasonable care
to assure equipment of subsequent providers leasing space on the Property does not interfere
with Tenants Antenna Facilities operations The Landlord however is not in any way
responsible or liable for any interference with Tenants use of Landlords Property which may be
caused by the use and operation of any other tenants equipment even if caused by new
technology so long as such equipment continues to operate within its existing frequencies and in
compliance with all applicable laws and FCC rules and regulations In the event there is
interference between Tenant and any third party such interference will be resolved by and
between the parties affected however if such interference cannot be resolved to Tenants
satisfaction within forty eight 48 hours from commencement of such interference then the
parties acknowledge that Tenant will suffer irreparable injury and therefore Tenant will have the
right in addition to any other rights that it may have at law or in equity to terminate this Lease
upon 30 days notice to Landlord and restore the Landlord s Property to its original condition
reasonable wear and tear and loss due to casualty or other causes beyond Tenant s control
excepted
7 Access
a Tenant shall have the right during the Initial Term and of this Lease and any Renewal
Term for ingress and egress to the Property over the south fifteen 15 feet of Lot 6 Lakeland
Hills Division Number 3 Extension according to the plat thereof recorded in Volume 145 of Plats
pages 72 and 73 in King County Washington
b Tenant shall have 24 hours a day 7 days a week access to the Lease Area Access at
all times during the Initial Term of this Lease and any Renewal Term In the event Landlord its
employees or agents unreasonably deny Access to Tenant its employees or agents Tenant
shall without waiving any other rights that it may have at law or in equity deduct from Rent
amounts due under this Lease an amount equal to fifty and no 100 dollars per day for each day
that Access is impeded or denied Access to Landlord facilities beyond the Lease Area including
but not limited to the water reservoir site and the water reservoir require 48 hours notice to the
Water Division Supervisor of the City of Auburn Water Utility phone 253 931 3066 Access to
Landlord facilities will only occur with Landlord supervision Tenant agrees to reimburse Landlord
for Landlord expenses attributed to supervising Tenant while accessing Landlord facilities The
hourly rate for Landlord supervision during City standard office hours will be 32 50 per hour in
calendar year 2006 The hourly rate shall increase annually on January 151 over the hourly rate
payable the preceding year by not less than three and one half percent 3 5 or the CPI Urban
for the Seattle Tacoma area whichever is the greater unless a different hourly rate amount is
negotiated
8 Termination Except as otherwise provided herein this Lease may be terminated without
any penalty or further liability as follows
a upon thirty 30 days written notice by Landlord if Tenant fails to cure a default for
payment of amounts due under this Lease within that thirty 30 day period
b immediately if Tenant is unable to obtain maintain or otherwise forfeits or cancels any
license including without limitation an FCC license permit or any Governmental Approval
necessary to the installation and or operation of the Antenna Facilities or Tenant s business
c upon ninety 90 days written notice by Tenant if the Lease Area or the Antenna Facilities
are or become unacceptable under Tenants design or engineering specifications for its Antenna
Facilities or the communications system to which the Antenna Facilities belong
d immediately upon written notice by Tenant if the Lease Area or the Antenna Facilities are
destroyed or damaged so as in Tenant s reasonable judgment to substantially and adversely
affect the effective use of the Antenna Facilities In such event all rights and obligations of the
parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to
the reimbursement on a prorated basis of any Rent prepaid by Tenant If Tenant elects to
continue this Lease then all Rent shall abate until the Lease Area and or the Antenna Facilities
are restored to the condition existing immediately prior to such damage or destruction or
e at the time title to the Property transfers to a condemning authority pursuant to a taking of
all or a portion of the Property sufficient in Tenants determination to render the Lease Area
unsuitable for Tenants use Landlord and Tenant shall each be entitled to pursue their own
separate awards with respect to such taking
f Landlord may terminate this Lease if Landlord needs the Lease Area for expansion of
Landlord s responsibility to provide its services and Landlord has no reasonable or economical
alternative site available provided Landlord provides Tenant written notice twelve 12 months in
advance of Landlord s need to re establish Landlord s sole use of the Lease Area Upon
Tenants receipt of written notice Tenant shall have six 6 months to submit to Landlord
alternative locations for its Antenna Facilities Such alternative locations may be on the Property
or other properties owned or managed by Landlord Landlord shall evaluate such alternatives and
advise Tenant in writing if one or more of the alternatives is suitable to accommodate Tenants
Antenna Facilities To be a suitable alternative location such location will not unreasonably result in
any interruption of the communications service of Tenant on Landlord s Property nor will it impair or
in any manner alter the quality of communications service provided by Tenant on and from
Landlord s owned or managed properties Tenant shall submit additional relevant information to
assist the Landlord in making such evaluation Landlord shall give each alternative location
proposed by Tenant full and fair consideration within a reasonable time so as to allow for the
relocation work to be performed in a timely manner If in Tenants reasonable judgment no suitable
alternative location can be found Tenant shall remove its Antenna Facilities as otherwise provided in
this Section 3 c of this Lease If an alternative location for Tenants Antenna Facilities is found
Landlord and Tenant agree to enter into a new Lease Agreement with the same terms and
conditions of this Lease
g If during the term of this Lease there is a determination made pursuant to an official
unappealable order of the Federal Communications Commission or any other applicable law
order ordinance regulation directive or standard as stated above that use of the Antenna
Facilities by the Tenant poses a human health hazard which cannot be remediated then a
Tenant shall immediately cease all operations of the Antenna Facilities and b the Lease shall
terminate as of the date of such order without further liability If for reasons related to public
health safety or welfare Landlord determines that this Lease must be terminated then Landlord
reserves rights of unilateral termination and will do so by providing Tenant with a six 6 month
written notice
9 Default and Riqht to Cure Notwithstanding anything contained herein to the contrary and
without waiving any other rights granted to it at law or in equity each party shall have the right
but not the obligation to terminate this Lease on written notice pursuant to Section 13 hereof to
take effect immediately if the other party i fails to perform any covenant for a period of thirty
30 days after receipt of written notice thereof to cure or ii commits a material breach of this
Lease and fails to diligently pursue such cure to its completion after sixty 60 days written notice
to the defaulting party
10 Taxes Landlord shall pay when due all real property taxes or other fees and
assessments for the Property including the Lease Area In the event that Landlord fails to pay
any such real property taxes or other fees and assessments Tenant shall have the right but not
the obligation to pay such owed amounts and deduct them from Rent amounts due under this
Lease Notwithstanding the foregoing Tenant shall pay any personal property tax State
leasehold tax excise tax real property tax or any other tax or fee which are directly attributable to
the presence or installation of Tenants Antenna Facilities only for so long as this Lease has not
expired of its own terms or is not terminated by either party Landlord hereby grants to Tenant
the right to challenge whether in a Court Administrative Proceeding or other venue on behalf of
Landlord and or Tenant any personal property or real property tax assessments State leasehold
tax or excise tax that may affect Tenant If Landlord receives notice of any personal property or
real property tax assessment State leasehold tax or excise tax against the Landlord which may
affect Tenant and is directly attributable to Tenant s installation Landlord shall provide timely
notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such
assessment Further Landlord shall provide to Tenant any and all documentation associated
with the assessment and shall execute any and all documents reasonably necessary to effectuate
the intent of this Section
11 Indemnification
a Tenant shall defend indemnify and hold harmless the Landlord its officers officials
employees and volunteers from and against any and all claims suits actions or liabilities for
injury or death of any person or for loss or damage to property which arises out of Tenants use
of Premises or from the conduct of Tenants business or from any activity work or thing done
permitted or suffered by Tenant in or about the Premises except only such injury or damage as
shall have been occasioned by the sole negligence of the Landlord
b Should a court of competent jurisdiction determine that this Lease is subject to RCW
4 24 115 then 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 Tenant and the
Landlord its officers officials employees and volunteers the Landlord s liability hereunder shall
be only to the extent of the Landlord s negligence It is further specifically and expressly
understood that the indemnification provided herein constitutes the Tenants waiver of immunity
under Industrial Insurance Title 51 RCW solely for the purposes of this indemnification This
waiver has been mutually negotiated by the parties The provisions of this section shall survive
the expiration or termination of this Lease
c The Tenant and the City waive all rights against each other any of their Subcontractors
Sub subcontractors agents and employees each of the other for damages caused by fire or
other perils to the extend covered by Builders Risk insurance or other property insurance
obtained pursuant to the Insurance Requirements Section of this Lease or other property
insurance applicable to the work The policies shall provide such waivers by endorsement or
otherwise
12 Insurance
The Tenant shall procure and maintain for the duration of the Lease insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Tenant its agents representatives or employees
a Minimum Scope of Insurance Tenant shall obtain insurance of the types described
below
1 Automobile Liability insurance covering all owned non owned hired and leased
vehicles Coverage shall be written on Insurance Services Office ISO form CA 00 01 or a
substitute form providing equivalent liability coverage If necessary the policy shall be endorsed
to proVide contractual liability coverage
2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises operations independent tenants products
completed operations stop gap liability and personal injury and advertising injury and liability
assumed under an insured contract The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 There
shall be no endorsement or modification of the Commercial General Liability insurance for liability
arising from explosion collapse or underground property damage The Landlord shall be named
as an additional insured under the Tenants Commercial General Liability insurance policy with
respect to the work performed for the Landlord using ISO Additional Insured Endorsement CG 20
10 10 01 and Additional Insured Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing equivalent coverage
3 Workers Compensation coverage as required by the Industrial Insurance laws of the
State of Washington
b Minimum Amounts of Insurance Tenant shall maintain the following insurance limits
1 Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of 1 000 000 per accident
2 Commercial General Liability insurance shall be written with limits no less than
1 000 000 each occurrence 2 000 000 general aggregate and a 2 000 000 products
completed operations aggregate limit
c Other Insurance Provisions The insurance policies are to contain or be endorsed to
contain the following provisions for Automobile Liability Professional Liability and Commercial
General Liability insurance
1 The Tenants insurance coverage shall be primary insurance as respects the Landlord
Any insurance self insurance or insurance pool coverage maintained by the Landlord shall be in
excess of the Tenants insurance and shall not contribute with it
2 The Tenants insurance shall be endorsed to state that coverage shall not be cancelled
by either party except after thirty 30 days prior written notice by certified mail return receipt
requested has been given to the Landlord
d Acceptability of Insurers Insurance is to be placed with insurers with a current AM Best
rating of not less than AVII
e Verification of Coverage The Tenant shall furnish the Landlord with documentation of
insurer s AM Best rating and with original certificates and a copy of amendatory endorsements
including but not necessarily limited to the additional insured endorsement evidencing the
insurance requirements of the Consultant before commencement of the work
f Subcontractors The Tenant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractors All
coverages for subcontractors shall be subject to all of the same insurance requirements as stated
herein for the Tenant
g No Limitation Tenants maintenance of insurance as required by the Lease shall not be
construed to limit the liability of the Tenant to the coverage provided by such insurance or
otherwise limit the Landlord s recourse to any remedy available at law or in equity
13 Notices All notices requests demands and other communications shall be in writing
and are effective three 3 days after deposit in the U S mail certified and postage paid or upon
receipt if personally delivered or sent by next business day delivery via a nationally recognized
overnight courier to the addresses set forth below Landlord or Tenant may from time to time
designate any other address for this purpose by providing written notice to the other party
If to Tenant to With a CODV to
Clearwire LLC
Attn Site Property Manager
5808 Lake Washington Blvd NE Suite 300
Kirkland WA 98033
Telephone 425 216 7600
Fax 425 216 7900
Clearwire LLC
Attention Legal Department
5808 Lake Washington Blvd NE Suite 300
Kirkland WA 98033
Telephone 425 216 7600
Fax 425 216 7900
If to Landlord to With a CODY to
Public Works Director
City of Auburn
25 West Main St
Auburn WA 98001
City Attorney
City ofAuburn
25 West Main St
Auburn WA 98001
14 Quiet Eniovment Title and Authoritv Landlord covenants and warrants to Tenant that i
Landlord has full right power and authority to execute this Lease ii it has good and
unencumbered title to the Property free and clear of any liens or mortgages except those
disclosed to Tenant and which will not interfere with Tenants rights to or use of the Lease Area
and iii execution and performance of this Lease will not violate any laws ordinances covenants
or the provisions of any mortgage lease or other agreement binding on Landlord
15 Environmental Laws Landlord represents that it has no knowledge of any substance
chemical or waste collectively Hazardous Substance on the Property that is identified as
hazardous toxic or dangerous in any applicable federal state or local law or regulation Landlord
and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any
applicable law Landlord shall be responsible for and shall promptly conduct any investigation and
remediation as required by any applicable environmental laws for all spills or other releases of any
Hazardous Substance not caused in whole or in part by Tenant that have occurred or which may
occur on the Property Each party agrees to defend indemnify and hold harmless the other from
and against any and all administrative and judicial actions and rulings claims causes of action
demands and liability collectively Claims including but not limited to damages costs expenses
assessments penalties fines losses judgments and reasonable attorney fees that the indemnitee
may suffer or incur due to the existence or discovery of any Hazardous Substances on the Property
or the migration of any Hazardous Substance to other properties or the release of any Hazardous
Substance into the environment collectively Actions that relate to or arise from the indemnitor s
activities on the Property Landlord agrees to defend indemnify and hold Tenant harmless from
Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to and during
the Initial Term and any Renewal Term of this Lease The indemnifications in this section
specifically include without limitation costs incurred in connection with any investigation of site
conditions or any cleanup remedial removal or restoration work required by any governmental
authority This Section 15 shall survive the termination or expiration ofthis Lease
16 Assiqnment and Subleasinq
a The Tenant may not sublease any portion of the Lease Area or grant any rights to the
Lease Area to any third parties except as specifically set for in this Lease
b All of the terms and provisions contained herein shall inure to the benefit of and shall be
binding upon the parties hereto and their respective heirs legal representatives successors and
assigns This Lease shall not be assigned by Tenant without the express written consent of
Landlord which consent shall not be unreasonably withheld delayed or conditioned Any
attempted assignment in violation of this Section shall be void The transfer of the rights and
obligations of Tenant to a parent subsidiary or other affiliate of Tenant or to any successor in
interest or entity acquiring fifty one percent 51 or more of Tenants stock or assets shall not
be deemed an assignment Tenant shall give to Landlord thirty 30 days prior written notice of
any such transfer
c Additionally Tenant may upon notice to Landlord mortgage or grant a security interest in
this Lease and the Antenna Facilities and may assign this Lease and the Antenna Facilities to any
mortgagees or holders of security interests including their successors or assigns collectively
Mortgagees provided such Mortgagees agree to be bound by the terms and provisions of this
Lease In such event Landlord shall execute such consent to leasehold financing as may
reasonably be required by Mortgagees Landlord agrees to notify Tenant and Tenants Mortgagees
simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default
as Tenant or to remove any property of Tenant or Mortgagees located on the Lease Area except
that the cure period for any Mortgagees shall not be less than thirty 30 days after receipt of the
default notice as provided in Section 9 of this Lease All such notices to Mortgagees shall be sent to
Mortgagees at the address specified by Tenant Failure by Landlord to give Mortgagees such notice
shall not diminish Landlord s rights against Tenant but shall preserve all rights of Mortgagees to cure
any default and to remove any property of Tenant or Mortgagees located on the Lease Area
17 Removal of Antenna Facilities The Antenna Facilities are and shall remain the property
of the Tenant and upon the expiration or earlier termination of this Lease Tenant shall at
Tenants sole cost and expense remove the Antenna Facilities and restore the Lease Area to its
original condition normal wear and tear and loss due to casualty or other causes beyond
Tenants control excluded
18 Miscellaneous
a The substantially prevailing party in any litigation including any arbitration to which the
parties shall submit arising hereunder shall be entitled to its reasonable attorneys fees and court
costs including appeals if any
b This Lease constitutes the entire agreement and understanding of the parties and
supersedes all offers negotiations and other agreements There are no representations or
understandings of any kind not set forth herein Any amendments to this Lease must be in writing
and executed by both parties At such time as the Auburn City Council approves any regulation
affecting telecommunications Tenant agrees to amend this Lease as determined by the
Landlord in order to comply with any future ordinance related to telecommunications provided
however that in no event shall such regulation i materially interfere with or affect Tenants
operation of its Antenna Facilities or ii increase Tenants financial obligations under the terms of
this Lease except as provided herein or impose some new financial obligations not already
contemplated by this Lease No amendment change or modification of this Lease shall be valid
unless in writing and signed by all parties hereto
c Each party agrees to cooperate with the other in executing any documents including a
Memorandum of Lease in substantially the form attached hereto as Exhibit A necessary to
protect its rights or use of the Lease Area The Memorandum of Lease may be recorded in place
of this Lease by either party In the event the Property is encumbered by a mortgage or deed of
trust Landlord agrees upon request of Tenant to obtain and furnish to Tenant a non disturbance
and attornment agreement for each such mortgage or deed of trust in a form reasonably
acceptable to Tenant Tenant may obtain title insurance on its interest in the Lease Area
d This Lease shall be construed in accordance with the laws of the state in which the
Property is located
e If any term of this Lease is found to be void or invalid such finding shall not affect the
remaining terms of this Lease which shall continue in full force and effect The parties agree that
if any provisions are deemed not enforceable they shall be deemed modified to the extent
necessary to make them enforceable No provision of this Lease will be deemed waived by either
party unless expressly waived in writing signed by the waiving party No waiver shall be implied
by delay or any other act or omission of either party No waiver by either party of any provision of
this Lease shall be deemed a waiver of such provision with respect to any subsequent matter
relating to such provision
f The persons who have executed this Lease represent and warrant that they are duly
authorized to execute this Lease in their individual or representative capacity as indicated
g This Lease may be executed in any number of counterpart copies each of which shall be
deemed an original but all of which together shall constitute a single instrument
h All Exhibits referred to herein and any Addenda are incorporated herein for all purposes
The parties understand and acknowledge that Exhibit A Memorandum of Lease is attached to
this Site Lease Agreement The terms of all Exhibits are incorporated herein for all purposes
i If Landlord is represented by any broker or any other leasing agent Landlord is
responsible for all commission fees or other payment to such agent and agrees to indemnify and
hold Tenant harmless from all claims by such broker or anyone claiming through such broker If
Tenant is represented by any broker or any other leasing agent Tenant is responsible for all
commission fee or other payment to such agent and agrees to indemnify and hold Landlord
harmless from all claims by such broker or anyone claiming through such broker
19 Headinqs The caption and paragraph headings used in this Lease are inserted for
convenience of reference only and are not intended to define limit or affect the interpretation or
construction of any term or provision hereof
20 Liens Except with respect to activities for which Landlord is responsible Tenant shall
pay as due all claims for work done on and for services rendered or material furnished to the
Antenna Facility and shall keep the Antenna Facility free from all liens
LANDL
BY
Peter B Lewis Mayor
Date MAY 1 2006
DNumber f OO 227
TENANT Clearwire LLC a Nevada limited liability company
r
liBy
it Name jj n YA v
Date B I 6I acknowledgements to follow on next page
STATE OF tJJ
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COUNTY OF f I IV U
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who appeared before me and said person acknowledged that he signed this instrument on oath
stated that he was authorized to execute the in truf11ent and a knovvledged it as the
1tYiJV of G r u l f u vt
to be the free and voluntary act of such party for the uses and purposes mentioned In the
instrument
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on oath sta that hewas authorized to execute the instrum nd acknowledged it as the
ofCL the limited liability company to be the free and
voluntary act of such party for the uses and p rpos mentioned the instrument
Dated
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STATE OF
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Exhibit A
MEMORANDUM OF LEASE
I
to the Site Lease Agreement executed on the J day of I1l1 rbetweentheCityofAuburnasLandlordandfledrwtrcasTenant
MOL to follow on next page
2006 by and
Return to
Auburn City Clerk
25 West Main Street
Auburn WA 98001
MEMORANDUM
OF
LEASE
THIS MEMORANDUM OF LEASE is by and between the City of Auburn a municipal
corporation under the existing laws of the State of Washington having a mailing address of 25
West Main Auburn WA 98001 Landlord and Clearwire LLC Tenant
1 Landlord and Tenant entered into a certain Site Lease Agreement Lease on the
fj day of 2006 for the purpose of installing operating and
maintaining a communlc tlons faCIlity and other Improvements All of the foregoing
are set forth in the Lease
2 Landlord is leasing to Tenant a portion of the Property described in Exhibit 1 annexed
hereto
3 The initial term of the five 5 years commences on September 1 2005 The Lease
will automatically renew for five 5 separate consecutive periods of five 5 years
each upon the same terms and conditions of the Lease unless Tenant notifies
Landlord in writing of Tenant s intention not to renew the Lease at least ninety 90
days prior to the expiration of the existing term Unless earlier terminated the Lease
will expire on August 31 2035
4 This Memorandum of Lease is not intended to amend or modify and shall not be
deemed or construed as amending or modifying any of the terms conditions or
provisions of the Lease all of which are hereby ratified and affirmed In the event of a
conflict between the provisions of this Memorandum of Lease and the provisions of
the Lease the provisions of the Lease shall control
5 The Lease shall be binding upon and inure to the benefit of the parties and their
respective heirs successors and assigns subject to the provisions of the Lease
IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the
day and year first above written
LAN
By
Its
D te MAY 1 2006
Taxpayer 10 Number CI t 00 ILd
TENANT
By
Print Name
Its
Date
c
V Cl
SI oL
acknowledgements to follow on next page
I
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COUNTY OF J flU rr
I certify that I know or have satisfactory evidence that fel 3 J is the person
who appeared before me and said person acknowledged that he signed this instrument on oath
stated that he was authorized to execute the instrumentand acknowledgesitasthe
JY of 1 1 tJ I A i hufV7
to be the fre and voluntary act of such party for the uses and purposes mentioned In the
instrument
Dated
STATE OF
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STATE OF
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nd acknowledged it as the
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l
WATER TANK
AREA
a pproxIe
PROPERTY
33 7
7 COMPOUND
Exhibit 1 Description of
Lea se Area
i t71
6 r M c 5 L i V
puiJ c
iJov
Return Address
Auburn City Clerk
City of Auburn
25 West Main St
Auburn WA 98001
I20060714002416
PACIFIC N TIT MEMO 37 00PAGEI11OF008071421181557KINGCOUNTYA
RECORDER S COVER SHEET
Document Title s or transactions contained therein
lMemorandumofLease
Reference Number s of Documents assigned or released O r l ADAdditionalreference5onpageofdocumentNWWOC
Grantor s Borrower s Last name first then first name and initials
City of Auburn
Grantee Assignee Beneficiary Last name first
1 Clearwire LLC
Legal Description abbreviated ie lot block plat or section township range
South 175 feet of east 110 feet of the west 1 393 feet of SE Yiof Section 31 Township 21 North Range 5
East
Additional legal is on page 5 of document
Assessor s Property Tax Parcel Account Number
3121059047
o Assessor Tax not yet assigned
Salddocument s were filed forreQdbyPacificNorthwestTitleesaocommodationonlyIthasnotbeenexaminedastoproper8X8CUIfonorastoitaaffectupontitle
Return to
Auburn City Clerk
25 West Main Street
Auburn WA 98001
MEMORANDUM
OF
LEASE
THIS MEMORANDUM OF LEASE is by and between the City of Auburn a municipal
corporation under the existing laws of the State of Washington having a mailing address of 25
West Main Auburn WA 98001 Landlord and Clearwire LLC Tenant
1 Landlord and Tenant entered into a certain Site Lease Agreement Lease on the
J day of 2006 for the purpose of installing operating and
maintaining a communlc tlons facIlity and other Improvements All of the foregoing
are set forth in the Lease
2 Landlord is leasing to Tenant a portion of the Property described in Exhibit 1 annexed
hereto
3 The initial term of the five 5 years commences on September 1 2005 The Lease
will automatically renew for five 5 separate consecutive periods of five 5 years
each upon the same terms and conditions of the Lease unless Tenant notifies
Landlord in writing of Tenants intention not to renew the Lease at least ninety 90
days prior to the expiration of the existing term Unless earlier terminated the Lease
will expire on August 31 2035
4 This Memorandum of Lease is not intended to amend or modify and shall not be
deemed or construed as amending or modifying any of the terms conditions or
provisions of the Lease all of which are hereby ratified and affirmed In the event of a
conflict between the provisions of this Memorandum of Lease and the provisions of
the Lease the provisions of the Lease shall control
5 The Lease shall be binding upon and inure to the benefit of the parties and their
respective heirs successors and assigns subject to the provisions of the Lease
IN WITNESS WHEREOF the parties have executed this Memorandum of Lease as of the
day and year first above written
v
LAN
By
Its
D te MAY 1 2006
Taxpayer 10 Number qI I 00 ILd
WTENANT
By
Print Name
Its
Date
C SC4 v
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5 2 DL
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toll
J ss
COUNTY OF J IAJ V
I certify that I know or have satisfactory evidence that efef J tLvijis the person
who appeared before me and said person acknowledged that he signed this instrument on oath
stated that he was authorized to execute the instrumenJand acknowledgep it as the
vtt Y of I ry j I buVV7
to be thetreE7and voluntary act of such party for the uses and purposes mentioned In the
instrument
Dated
STATE OF
Nota tb
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My commission expires tlJ Z 0 7
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is the
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STATE OF
COUNTY OF
Notary ubi
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residing at
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the instru nt and acknowledged it as the
the Iimi liability company to be the free
rp ses mentioned in the instrum
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EXHIBIT 1
1 DESCRIPTION OF PROPERTY
The Property is described and or depicted as follows
THE SOUTH 175 00 FEET OF THE EAST 110 00 FEET OF THE WEST
1 393 00 FEET OF THE SOUTHEAST QUARTER OF SECTION 31 TOWNSHIP
21 NORTH RANGE 5 EAST W M CITY OF AUBURN RECORDS OF KING
COUNTY WASHINGTON
2 DESCRIPTION OF LEASE AREA
t f
PROPERTY
33 7
7 COMPOUND
Exhibit 1 Description of
Lense Aren
RESOLUTION NO 4039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY FOR COST REIMBURSEMENTS
RELATING TO THE CITY S WATER RIGHTS APPLICATION
WHEREAS The City of Auburn has applied to the Department of
Ecology for an additional water right for municipal water supply use and
WHEREAS the Department of Ecology will incur costs in processing the
City s application including fees paid to consultants to review certain aspects of
the City s application and
WHEREAS the costs of processing such applications are born by the
applicant and
WHEREAS it is in the public interest for the parties to enter into an
agreement for the City to reimburse the Department of Ecology for its costs in
processing the City s water rights application
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
KING COUNTY WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and the Washington State Department of Ecology for cost reimbursements
Resolution No 4039
May 17 2006
Page 1
relating to the city s water rights application which agreement shall be in
substantial conformity with the Agreement a copy of which is attached hereto
marked as Exhibit A and incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 This resolution shall be in full force and affect upon
passage and signatures hereon
DATED and SIGNED this S day of v 2006
PE R B LEWIS
Mayor
Attest
lJ
Danielle E Daskam
City Clerk
Resolution No 4039
May 17 2006
Page 2
Washington State Department of Ecology
Cost Reimbursement Agreement CRA
Between the
Washington State Department of Ecology
and
City of Auburn
Water Right Application G1 28404
CRA Project No 9R46
PART A
SPECIAL TERMS AND CONDITIONS AND SCOPE OF WORK
Current For FY 2005 06
Contents
I Applicant Information
II Ecology Information
III Performance Security
IV Scope Of Work Tasks Budget Detail Schedule
V Effective Date
VI Entire Agreement And Signatures
Page
1
2
2
2
5
5
I Applicant Information
Project Manager Primary Point of Contact Billing Address
Name Same as Left
Address
City State
Zip Code
Telephone
E Mail
Fax
Name Duane Huskey Utility Engineer
Address 25 West Main Street
City State Auburn WA
Zip Code 98001 4998
Telephone 253 804 5062
E mail dhuskey@aubumwa gov
Fax 253 931 3053
Washington State Department of Ecology
Cost Reimbursement Agreement CRA
Part A Special Terms and Conditions and Scope of Work
Current For FY 2005
Page 1 of 5
Boiler Plate Last Updated 8 10 04
II Ecology Information
Project Manager Primary Point of Contact
Name
Address
City State Zip
Telephone
E mail
Fax
Tim Roth
PO Box 47615
Olympia WA 98504 7615
360 407 7036
TROT461@ECYWAGOV
360 407 7153
III Performance Security
Performance Security Option Selected Dollar Amount And If Applicable Holding
Institution Pursuant To Section IIB 6 Of Part B General Terms And Conditions
Performance Security Option of 10 000 in an interest bearing account
IV Scope Of Work Tasks Budvet Detail Schedule
The City ofAuburn is applying for an additional water right for municipal water supply use The
City ofAuburn has submitted one application for a new groundwater right Gl 28404 requesting
12 500 gallons per minute gpm ofinstantaneous use with an annual requested quantity of
13 443 acre feet per year
Ecology s consultant Geomatrix will be tasked to complete the water right processing Phase I
work establishing senior water right applications that would be considered in the same source of
supply as the City s application thus requiring processing in accordance with RCW 90 03265
In conducting this determination Geomatrix will define the source ofwater that the City of
Auburn proposes using for municipal water supply and the universe ofapplications requiring
processing based on the following considerations
Hydraulic continuity between points ofwithdrawal
Sharing ofa common recharge catchment area
Sharing ofa common flow regime and
Isolation from other sources by the presence of effective barriers to hydraulic flow
Washington State Department of Ecology
Cost Reimbursement Agreement CRA
Part A Special Terms and Conditions and Scope of Work
Current For FY 2005
Page 2 of 5
Boiler Plate Last Updated 8 10 04
Sources ofinformation for the same source of supply determination will include area
topography geologic structures well log review area water level measurements aquifer
characteristics and other information such as available groundwater modeling studies see Task
1 below
Consistent with the provisions ofPart B General Terms and Conditions as well as the
provisions ofRCW 4321A 690 and RCW 90 03265 the following describes the specific tasks
budget detail and schedule for the scope ofwork to be performed by Ecology and its consultant
Geomatrix to be subsequently reimbursed by the City ofAuburn pursuant to this CRA
Accordingly the Parties signatory to this Agreement agree
Task 1 Water Right Application Review and Data Gap Summary This task will include
Review ofhydrologic and hydrogeologic data from the files available through
Ecology the City ofAuburn the City s consultant and other sources
Determination of senior applicants in the same source ofwater supply preparation of
a technical memorandum summarizing the same source determination and assembly
of a final list ofsenior applications requiring processing
Review of City ofAuburn s and senior water right application files to identify intent
available supporting information and potential data gaps
Review conceptual mitigation options proposed by the City ofAuburn and meet with
applicant and Ecology to discuss comments It is assumed that final mitigation plans
will not be submitted by the applicant until Phase II processing
Initial contact with senior applicants including confirming the applicants intent to
pursue the water rights in question and preparation ofletters requesting any
additional supporting information including mitigation proposals
Attendance at meetings and participation in conference calls with Ecology staff in
Bellevue and with the City and its consultant in Auburn as requested and
Preparation of a memorandum Phase I report summarizing data gaps and issues to be
resolved prior to completing ROEs for the set of applications requiring processing
Washington State Department of Ecology
Cost Reimbursement Agreement CRA
Part A Special Terms and Conditions and Scope of Work
Current For FY 2005
Page 3 of 5
Boiler Plate Last Updated 8 10 04
Task 2 Preparation ofScope of Work Schedule and Budgetfor Phase IL This task will
include
Development ofa scope ofwork to complete processing and preparation ofROEs
water right applications submitted by the City of Auburn as well as senior applicants
within the same source ofwater
Development ofthe estimated schedule and budget for completion ofthe scope of
work for Phase II
Consultant Phase ICosts
Phase 1 Information Review and Associated Tasks
Estimated Number of Consultant Hours 363 Hours
Estimated Consultant Cost 49 843 00
Estimated Phase I Completion Date 12 Weeks From Effective Date
Ecology Direct and BackfIll Cost
Estimated Number of Ecology Hours to be Billed to Applicant for Direct
Work on Project 50
Hours
Estimated Ecology Costs to be Billed to Applicant for Direct Work on
Project 2 750
Estimated Backfill Dollars Available for Backfill Consultant Cost
4 000 50 hours x 135hr average consultant rate 6 750 2 750
Ecology direct cost 4 000
Tasks
A Phase I
Budget
49 843
Schedule
12 weeks from Ecology
Signature of Geomatrix
Work Assignment
B Ecology Direct Costs 2 750
C Ecology Backfill Costs 4 000
TOTAL 56 593
Washington State Department of Ecology
Cost Reimbursement Agreement eRA
Part A Special Terms and Conditions and Scope of Work
Current For FY 2005
Page 4 of 5
Boiler Plate Last Updated 8 10 04
Notes
1 Total Budget Phase I 56593
2 Cost Reimbursement End Date June 30 2007
3 Informational task budget and schedule summary presented here is for
informational purposes only Ecology tracks and manages task budget and
schedule
4 A formal written and signed amendment to this CRA is required to extend the
total project budget amount or final completion date stated herein
V Effective Date
The effective date ofthis CRA as well as any formal written and signed amendment is
the date of signature by the Washington State Department ofEcology
VI Entire Areement And Sinatures
The Parties hereto have agreed to the tasks budget detail and schedule described herein
Part A This entire agreement consisting ofPart A Special Terms and Conditions and
Scope ofWork Part B General Terms and Conditions and any formal written and
signed amendment can only be modified by a subsequent formal written and signed
amendment as described in Section II E3 ofPart B General Terms and Conditions
Applica Ecology s Authorized Official
e f t z
Date 6 NyAddress P O Box 47600
City State Zip Olympia W A 98504
Telephone 360 407 6600
E mail
Fax 360 407 7153
By
Title Pe Iv 8 Leu0 VII Q CYIDateLIvV
Address Ls w Y a1 S
City State Zip hWn W I 01 0
Telephone 2 LJ3l t
E mail p ew s olAlowvY w c pi
Fax zS3 2i1 i 32
J9Er
Washington State Department of Ecology
Cost Reimbursement Agreement CRA
Part A Special Terms and Conditions and Scope of Work
Current For FY 2005
Page 5 of 5
Boiler Plate Last Updated 8 10 04
RESOLUTION NO 3920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING
WATER SERVICE BOUNDARIES BETWEEN THE CITY OF
KENT KING COUNTY WATER DISTRICT NO 111 AND THE
CITY OF AUBURN
WHEREAS pursuant to RCW 35 A 11 040 Auburn has the legal
authority to exercise its powers and perform any of its functions as set forth in
RCW 39 34 and
WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation
Act Auburn has the legal authority to cooperate with other localities and utilities
on the basis of mutual advantage and the efficient provision of municipal
services and
WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation
Act Kent has the legal authority to cooperate with other localities and utilities on
the basis of mutual advantage and the efficient provision of municipal services
and
WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation
Act WD 111 has the legal authority to cooperate with other localities and
utilities on the basis of mutual advantage and the efficient provision of municipal
services and
WHEREAS the parties recognize the responsibility of public water
utilities to provide efficient and reliable service to their customers at reasonable
cost and
WHEREAS Kent owns and desires to be the water service provider for
a property currently within the corporate limits of Kent and within the service
areas of Auburn and WD 111 and
WHEREAS pursuant to Chapter 70 116 RCW Public Water System
Coordination Act the Parties determined and agreed upon the water service
areas between the Parties as set forth in the South King County Coordinated
Water System Plan Plan and the Parties now desire to modify their water
service area boundaries as agreed in this Agreement
Resolution No 3920
May 25 2006
Page 1
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn is herewith authorized to
execute a Water Service Boundary Agreement between the City of Kent King
County Water District No 111 and the City of Auburn in substantial conformity
with the agreement attached hereto marked as Exhibit A and incorporated
herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation
Section 3 This resolution shall be in full force and effect upon
passage and signatures hereon
Resolution No 3920
May 25 2006
Page 2
DATED this staay Of J 2006
ATTEST
IOtUW tL1 J
banleJle E Daskam
City Clerk
Resolution No 3920
May 25 2006
Page 3
PETER B LEWIS
MAYOR
@1W
Grantee A
1
sSlgnee Beneficia
2
Kent City of
ry Last name first
King County Water District No 111
Legal Description abbr eVlated ie lot block Ip at or section townshlp range
PER RCW 39 34
o Additional legal is on page of document
Assessor s Pro
N A
perty Tax ParcellAcc ount Number
oAssessor Tax not yet assigned
rIQORtby Pacific
8
8IOOIM1odation
11tfe
eX8mlned as
only It not been
to 10
to proper 8Xecutio
atf8ct upon tille
n
EXHIBIT A
CITY OF KENT KING COUNTY WATER DISTRICT NO 111
and CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
WATER SERVICE BOUNDARIES
IS AGREEMENT Agreement made and entered into this day of
l 2006 by and between the City of Kent a Washington municipal
co poration Kent King County Water District No 111 a Washington municipal
corporation WD 111 and the CITY OF AUBURN a Washington municipal
corporation Auburn all being duly organized and existing under and by virtue of
the laws of the State of Washington individually a Party and collectively the
Parties
WITNESSETH
WHEREAS pursuant to RCW 35 A 11 040 Auburn has the legal authority to
exercise its powers and perform any of its functions as set forth in RCW 39 34 and
WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act
Auburn has the legal authority to cooperate with other localities and utilities on the
basis of mutual advantage and the efficient provision of municipal services and
WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act
Kent has the legal authority to cooperate with other localities and utilities on the basis
of mutual advantage and the efficient provision of municipal services and
WHEREAS pursuant to Chapter 39 34 RCW the Interlocal Cooperation Act
WD 111 has the legal authority to cooperate with other localities and utilities on the
basis of mutual advantage and the efficient provision of municipal services and
WHEREAS the parties recognize the responsibility of public water utilities to
provide efficient and reliable service to their customers at reasonable cost and
WHEREAS Kent owns and desires to be the water service provider for a
property currently within the corporate limits of Kent and within the service areas of
Auburn and WD 111 and
WHEREAS pursuant to Chapter 70 116 RCW Public Water System
Coordination Act the Parties determined and agreed upon the water service areas
between the Parties as set forth in the South King County Coordinated Water System
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 1 of 9
Plan Plan and the Parties now desire to modify their water service area
boundaries as agreed in this Agreement
NOW THEREFORE in consideration of the terms and conditions set forth
herein the Parties agree as follows
1 Water Service Area WD 111 and Auburn agree to relinquish to Kent the water
service area depicted on the m p attached hereto as Attachment 1 and legally
described in Attachment 2 which are by this reference incorporated herein The
Parties agree that the South King County Coordinated Water System Plan and the
water service area boundaries as set forth in the Plan shall be modified to be in
accordance with the Parties water service area boundaries as set forth in Attachment
1
2 Management Regulation and Control of Water System Kent WD 111 and
Auburn shall have the sole responsibility and authority to construct maintain
manage conduct and operate their water systems within their designated water
service areas as depicted in Attachment 1 together with any additions extensions
and betterments thereto
3 Future Annexations The Parties agree that Kent shall provide water service to
the area depicted in Attachment 1 without regard to the present corporate boundaries
of the Parties and without regard to future corporate boundaries as they may be
periodically altered through annexation
4 Kent Comprehensive Water Planning The terms of this Agreement will be
included as an amendment to Kent s Comprehensive Water System Plan Kent will
submit to Auburn and WD 111 its Comprehensive Water System Plans and
amendments thereto
5 WD 111 Comprehensive Water Planning The terms of this Agreement will be
included as an amendment to WD 111 s Comprehensive Water Plan WD 111 will
submit to Kent and Auburn its Comprehensive Water System Plans and amendments
thereto
6 Auburn Comprehensive Water Planning The terms of this Agreement will be
included as an amendment to Auburn s Comprehensive Water Plan Auburn will
submit to Kent and WD 111 its Comprehensive Water System Plans and
amendments thereto
7 Reliance Each Party hereto acknowledges that the terms hereof will be relied
upon by the other in its comprehensive planning to meet the needs of the service
area designated herein
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 2 of 9
8 Liability Except as set forth in Section 12 regarding default failure to perform
or negligent conduct the Parties agree that this Agreement shall not be a source of
liability between the Parties for any failure or interruption of service in the service
area of any Party as designated in this Agreement
9 Government Notifications Auburn will give notice of the adoption of this
Agreement to Metropolitan King County to the Washington State Department of
Health to the South King County Regional Water Association to the Water Utility
Coordinating Committee and to any other agency with jurisdiction over or interest in
the terms hereof and the Parties shall cooperate and assist each other in all
reasonable manner in procuring any necessary approvals hereof by those agencies
10 Boundary Review Board In the event that implementation of the terms herein
result in permanent water service to areas that will be outside the respective service
boundaries of Kent WD 111 or Auburn the Parties will at the time of such service
jointly file a notice of intention with the King County Boundary Review Board in
accordance with Chapter 36 93 090 RCW and Chapter 57 08 047 RCW
11 Alteration Amendment or Modification Kent WD 111 and Auburn hereby
reserve the right to alter amend or modify the terms and conditions of this
Agreement only upon written agreement of the Parties to such alteration amendment
or modification
12 Indemnification and Hold Harmless Each Party hereto agrees to protect
defend and indemnify the other Parties their officers officials employees and
agents from any and all cost claims judgments and or awards of damages arising
out of or in any way resulting from the indemnifying Party s its employees
subcontractors or agents default failure of performance or negligent conduct
associated with this agreement Each Party agrees that its obligations under this
provision extend to any claim demand and or cause of action brought by or on
behalf of any of its employees or agents The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party s immunity under
Washington s Industrial Insurance Act RCW Title 51 as respects the other Parties
only and only to the extent necessary to provide each Party with a full and complete
indemnity of claims made by the other Party s employees The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them
13 Integration This Agreement constitutes the entire agreement of the Parties
regarding the subject matter hereof and there are no other representations or oral
agreements other than those listed herein which vary the terms of this Agreement
Future agreements may occur between the Parties to transfer additional or future
service areas by mutual agreement
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 3 of 9
14 Obligation Intact Nothing herein shall be construed to alter the rights
responsibilities liabilities or obligations of Kent WD 111 or Auburn regarding
provision of water service except as specifically set forth herein
15 Duration This Agreement shall take effect on the last day approved by all of
the Parties and shall remain in effect until modified by written agreement of the
Parties
16 Recording Pursuant to RCW 39 34 040 following the approval and execution
of this Agreement by the Parties this Agreement shall be filed with the King County
Auditor
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 4 of 9
CITY OF KENT
Approved by Motion No
regular meeting held on the
2006
of the City of Kent Kent Washington at its
d day of 2dL
Approved as to form
i1 ttCityofKentI
City Attorney
KING COUNTY WATER DISTRICT NO 111
Approved by Resolution No of the King County Water District No 111
Kent Washington at its regular meeting held on the 8 day of JI
2006
By iJA 0
Patrick Hanis President
King County Water District No 111
Appro v d aSflVqorm ItvlL
v I c General Counsel
ty Water District No 111
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 5 of 9
CITY OF AUBURN
Approved by Resolution No 39 of the City of Auburn Washington at its
regular meeting held on the day of u 2006
O
Peter B Lewis Mayor
City of Auburn
Attest
QalyjDamelleDaskam City Clerk
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 6of 9
U1
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E 286th I
CITY 0SERVI
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WATER DISTRICT 11
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SE 308TH PL SE 308T SE 308TH PLHPL
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CITY OF KENT
KING COUNTY WATER DISTRICT NO 111
AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
WATER SERVICE BOUNDARIES
ATTACHMENT 1
Attachment 2
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER AND THE SOUTHWEST
QUARTER OF SECTION 4 TOWNSHIP 21 NORTH RANGE 5 EAST W M IN
KING COUNTY WASHINGTON DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 IN
SAID SECTION 4
THENCE WEST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 A
DISTANCE OF 30 FEET TO THE WEST MARGIN OF 124TH AVENUE SOUTHEAST
AND THE TRUE POINT OF BEGINNING
THENCE SOUTH ALONG SAID WEST MARGIN TO THE NORTHERLY MARGIN
OF SOUTHEAST 304TH STREET
THENCE WESTERLYALONG SAID NORTHERLY MARGIN OF SE 304TH STREET
TO THE SOUTHEAST CORNER OF THE PLAT OF CRYSTAL MEADOWS AS
RECORDED IN VOLUME 194 OF PLATS AT PAGES 66 AND 67 RECORDS OF
KING COUNTY
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY EDGE OF SAID
PLAT TO THE MOST NORTHERLY CORNER OF LOT 10 OF SAID PLAT
THENCE WESTERLY ALONG THE NORTH EDGE OF SAID PLAT TO THE
NORTHWEST CORNER OF LOT 15 OF SAID PLAT
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 15 TO A POINT 50
FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 11 OF THE PLAT OF
THE SOUND TRUSTEE COMPANY S THIRD ADDITION ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS AT PAGE 100
RECORDS OF KING COUNTY WASHINGTON
THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF THE SOUTH
HALF OF SAID TRACT 11 SAID POINT LYING 135 FEET WEST OF THE EAST
LINE OF SAID TRACT 11
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 8 of 9
THENCE NORTH ALONG LAST SAID WEST LINE AND THE WEST LINE OF
GOVERNMENT LOT 3 OF SAID SECTION 4 TO THE NORTHWEST CORNER OF
SAID GOVERNMENT LOT 3
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 TO
THE TRUE POINT OF BEGINNING
Exhibit A Auburn Resolution No 3920
Kent WD 111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 9 of 9
RESOLUTION NO 4008
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND CITY CLERK TO TERMINATE
EMERGENCY WATER SUPPLY INTERTIE
AGREEMENT NO 2 BETWEEN THE CITY OF
AUBURN AND LAKEHAVEN UTILITY DISTRICT
WHEREAS pursuant to RCW 39 34 the Interlocal Cooperation Act the
City of Auburn and Lakehaven Utility District entered into Emergency Water
Supply Intertie Agreement 2 in 1998 and
WHEREAS Lakehaven Utility District and City of Auburn Interlocal
Agreement Resolution No 3652 establishing water service boundaries has
been executed and
WHEREAS portions of the Lakehaven water system have been
constructed to supply water to apportion of Auburn s PAA and
WHEREAS Auburn has evaluated water service issues and determined
that it is not cost feasible to provide direct water service within its PAA above the
160 foot elevation adjacent to Lakehaven s water infrastructure and
WHEREAS Lakehaven s delivery of water service to these areas will
provide the maximum efficiency in the use of existing and future facilities and
water planning and
WHEREAS the constructed intertie facility is within the Lakehaven Utility
District water service area and would need to be relocated to serve as an
emergency connection and
Resolution No 4008
April 6 2006
Page 1
WHEREAS if an emergency intertie is required one would be constructed
at the location covered under emergency water supply agreement nO 1
NOW THEREFORE THE COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES THAT
Section 1 The Mayor of the City of Auburn is herewith authorized to
terminate the Emergency Water Supply Intertie Agreement No 2 between the
City and Lakehaven Utility District attached hereto marked as Exhibit A and
incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Section 3 This resolution shall be in full force and effect upon passage
and signatures hereon
DATEDlhiSmayot t 2006
CITY OF AUBURN
PETER B LEWIS
MAYOR
m
Resolution No 4008
April 6 2006
Page 2
ATTEST
Ala Dr Z Jb
Danielle E Daskam
City Clerk
APPROVED AS TO FORM
Daniel B Heid
City Attorney
Resolution No 4008
April 6 2006
Page 3
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EMERGENCY WATER SUPPLY AGREEMENT
LakehavenlAuburn Intertie No 2
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as City and Lakehaven Utility District hereinafter referred to as
District
WITNESSETH
WHEREAS the City has water facilities in the vicinity ofa water main ofthe District
and
WHEREAS the City can increase fire protection reliability for its customers if water is
available from the District and
WHEREAS the District is willing to provide to the City service necessary to increase
fire fighting reliability upon the terms and conditions set forth herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The District hereby grants to the City the right to connect a water meter and
appurtenances to the end of the 8 inch water main located in a vault at the intersection of
R Street NW on Abby Drive in King County Washington
2 The meter described in Paragraph No 1 herein is installed to increase fire fighting
reliability or emergency water supply Water shall not be withdrawn from the supply
without the prior written approval ofthe District At such time the City shall state the
requested time ofcommencement duration ofuse and quantity ofwater to be so used
3 The City shall comply with all District resolutions and rules relating to connection to
the District s water system including but not limited to the District s written approval of
plans and specifications for the connection prior to construction
4 The City shall pay to the District the same connection fee rates and charges and
monthly service charges except for capital facilities charge as are established from time
to time by District resolution and as are applicable to the use of a six 6 inch meter The
current monthly service charge for a six 6 inch meter is 238 20 per month The current
rate for water use is OA8 ccffor winter usage November June and O 96 ccffor
summer usage July October and these rates shall be in effect until such time as the
District amends its rate resolution or until a meter of different size is utilized
5 This Agreement shall not authorize or permit the City to take water from the
connection described herein beyond what is described in paragraph 2 ORIGINAL
Exhibit A Resolution No 2954
Word3 EI Interloca1Aubum Emergency Water Supply Agreement doc dim 04 08 98 Page 1
1
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1
6 The cost of the meter installation pursuant to this Agreement shall be fully reimbursed
by the City and shall become the property of the District upon completion of installation
7 a In case of emergency or whenever the public health safety or the equitable
distribution ofwater so demands the District may change reduce or limit the time for or
temporarily discontinue the supply of water without notice b Water service may be
temporarily interrupted limited for purposes ofmaking repairs extensions or doing other
necessary work and c The District shall not be responsible for any damage resulting
from interruption change or failure ofthe water supply and the City shall save and hold
harmless the District from any loss damages or suites to or by customers ofthe City
resulting from interruption change or failure of water supply provided by this
Agreement except damages arising out ofthe District s negligence Prior to a planned
interruption or limiting of service the District will notify the City ofsuch not less than
three days prior to the service disruption The District agrees to use best efforts and
reasonable diligence to notify City as soon after it becomes aware ofthe need for service
disruption and further will to the extent practical limit the service disruptions to daylight
hours
8 In the event of non performance of any provision herein by the City District may
shut off water supplied pursuant to this Agreement
9 This Agreement may be terminated by either party hereto upon 60 days written notice
to the other party
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN
King County Washington
BY II l l 9
Mayor Date
By
City Attorney
LAKEHAVEN UTILITY DISTRICT
King County Washington
tdBy
Approv
4 Cfe
Date
By
ORIGINAL
Word3 EllnterlocalAubum Emergency Water Supply Agreement doc dim 04 08 98 Page 2
RESOLUTION NO 4596
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN EMERGENCY WATER SYSTEM
INTERTIE AGREEMENT BETWEEN THE CITY OF AUBURN AND
THE CITY OF BONNEY LAKE
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Aubum and Bonney Lake have legal authority to cooperate with otherlocalities
on the basis of mutual advantage and provision or services and
WHEREAS the Cities have previously entered into an Emergency Water
System Intertie Agreement in order to increase fire protection and emergency
water supply reliability for their customers and
WHEREAS the Cities are willing to continue to provide these necessary
services to increase fire fighting and emergency supply reliability and
WHEREAS the Cities wish to enter into a new Intertie Agreement
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor and City Clerk of the City of Aubum are hereby
authorized to execute an Emergency Water System Intertie Agreement with the
City of Bonney Lake in substantially the same form as attached hereto as
Exhibif A which is made a part hereof as though set forth in full herein
Resolution 4596
May 3 2010
Page 1
Section 2 Implementation The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this resolution
Section 3 Effective Date This Resolution shall take effect and be in
full force upon passage and signatures hereon
Dated and Signed this day of 1Yl d4 2010
UBU
P TER B LEWIS
MAYOR
ATTEST
Danielle E Daskam
City Clerk
7APPE S TO F RM
niel B H d
City Attorney
Resolufiorr 4596
May 3 2010
Page 2
EMERGEIdCY WATER SYSTEM INTERTIE AGREEMENTBonneyLakeAuburn
THIS AGREEMENT made and entered into by and between the City of AubumaubumandtheCityofBonneyLakeBonneyLakeforthepurposesofplanningdesigningconstructingmaintainingandoperatinganemergencysystemintertiebetweentherespectiveparties
WITNESSETH
WHEREAS both Cities have water acilities in the viciniy and
WHEREAS both Cities can increase fire protection and emergency water supplyreliabilityfortheircustomersand
WHEREAS the Cities are willing to provide the necessary services to increasefirefightingandemergencysupplyreliabilityuponthetermsandconditionssetforthherein
NOW THE92EFORE tT IS MUTUALLY AGREED as follows
1 The emergency water system intertie is designed to be operated manuallyasatwowayemergencysupplybetweentheAubumandBonneyLakeSystemsThefacilityislocatedinEvergreenWaySEattheWater8erviceAreaBoundariesbetweenthetwocitiesTheprimarypurposeofitheintertieis4oprovidewaterducinganemergencyForpurposesofthisagreementanemergencyshailbedefinedasresultingfromawatershortageamajorwaterifiebreakfiredemandcontaminationtothewatersupplysystemmechanicalequipmentfailureelectricalequipmentfailureorPugetoundEnergyfacilityfailureoranyotheragreeduponemergencywithinthewatersupplysystemThemaximumdurationofanemergencyisseven7days
However in certain situations such as prolonged equipment repair theintertiemayneedtobeopenforlongerthanseven7daysThepartyrequestingtheextendeduseoftheintertieshallnotifyheotherpartyofthisneedfortyeight48hoursbeforetheendoftheemeencandshallprovidetheotherpartyawrittenestimateofhowongitintendstotakewaterassoonaspracticable
Tacoma Intertie Operation At times in orderto meet its own water supplydemandsaswellasAubumsBonneyLakemayneedtoactivateitsemergencyintertieagreementwithTac9maPublicUtilitiesTPUAubumagreesthatwhiletheTPUIntertieisopenthatwaterflowing
Page1 of5
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through the AubumBonney Lake intertie shall be assumed fo be TPU
water
Aubum shall be held to the same conditions as Bonney Lake in its
Wholesale Water Agreement with TPU Water supplied to Bonney Lake byTPUduringpeakdemandperiodsrequiresamatchingamounfofuseduringthelasquarteroftheyearinordertoqualifyforwholesaleconsumptionratesversushigherratesusedduringpeakdemandperiods
Aubum shaii purchase water during the last quarter of the year fromBonneyLakeandTPUuntilthiscAnsumpionformulaissatisfiedFor
purposes of satisfying the consumptfon formula the water supplied toAubumduringthelastquarteroftheyearisnottotieusedsolelyforpeakdemandperiodsratheritistobeusedfornonrecurringmalntenanceand
repair purposes preferaaly not during peak demand periods
2 Aubum will own and maintain the piping interior equipment meter andinteriorappurtenancesandallpipinguptotheBonneyLakesideofthevaultforthemeteringstation
3 Bonney Lake will own and maintain the exterior appurtenances and all
piping on Bonney Lakes side of the vault
4 Each City will each have unlimited access to the vault via a dual padlock
or ownership of keys to the vault
5 Each Cify wi8 operate its respective normallylocked valve inside of the
vauit Aubumwill soleiy unlock and operate the locked valve on AubumssideofthemeerandBonneyLakewillsolelyunlockandoperatethe
locked valve on Bonney Lakes side of the meter
6 The procedure for operating the intertie in the event ofi such emergencyshallbeasfollows
A Each Cityshall determine that an emergency as defined in this
Agreement has occurred which waRants the need to request thattheintertiebeactvated
B The Public Works Director or designee of the requesting party shallprovideaverbalrequesttotheotherCitysPublicWorksDirecforor
designee Upon agreement that an emergency exists which shall
allow for the intertie to be opened the intertie will be activated as
soon as reasonably possible Bofh Cifies personnel shall be
present at the vaulf to open the valves fo activate the facility
Page 2 of5
C The City requesting the activation shall provide a writtenconfirmafionoftherequestnotlessthan24hoursaftectheverbalrequestoronthefirstdayofnormalbusinessaftertheverbalrequest
7 The intertie shall remain activated until the City requesting activationdeterminesthattheneedforactivationoftheemergencyintertiehasceasedandshallrequestinwritingtoclosetheintertie
8 In case of emergency oc whenever the public health safety or theequitabledistributionofwatersodemandstheCitysupplyingthewatermaychangereduceorlimitthetimeforortemporarilydiscontinuethesupplyofwaterwithoutnoticewaterservicemaybetemporarilyinterruptedlimitedforpurposesofmakingrepairsextensionsordoingothernecessaryworkTheCitysupplyingthewatershallnotberesponsibleforanydamageresultingfrominterruptionchangeorfailureofthewatersupplyandtheCityreceivingthewaterCifyrequestingactivationshallsaveandholdharmlesstheCitysupplyingthewaterfromanylossdamagesorsuitstoorbycustomersoftheCityreceivingfhewaterresultingfrominterruptionchangeorfailureofiwatersupplyprovidedbythisAgreementexceptdamagesarisingoutoftheCitysupplyingthewatersnegligencePriortoaplannedinterrupfionorlimitingofservicetheCitysupplyingthewaterwilfnotifytheCityreceivingthewaterofsuchnotlessthanthreedayspriortotheservlcedisruptionTheCitysupplyingthewateragreestousebesteffortsandreasonablediligencetonotifytheCityreceivingthewaterassoonafteritbecomesawareofUieneedforsenricedisruptionandfurtherwilltotheextentpracticallimittheservicedisruptiontodaylighthours
9 Aubum and Bonney Lake staff shall read fhe meter upon activation andupondeactivationoftheintertieThecityswpplyingthewatershallverifytheinformationandshallthencalculateandinvoicetheothercityforthewaterusedduringtherequestTheinvoiceshallbecalculatedbythetotalwaterusedduringtheevent
10 The rate paid foT water shall be determined by one ofthree scenariosunderwhichwateristakenthroughtheintertieThescenarios aredescribedasfollows
A Ememencv V1later This is short term water taken over a period nottoexceedseven7daysThisratereliesonlocallyproducedwateranddoesnotincludeTPUintertiewaterTherateforthisscenarfoshai1beatthefowesfcurrentAubumor6orrneyIkeResPdentialRatBforserviceoutsPdeCityboundartesdepsnding3ia iwhiehdtyissupplyin9thewaterTtaisshalfbecompetepaymentarhewaterlabarandadrninitrationnfactivatfngiefntettfe
jIRage3of5
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B Prolonged Eauipment Repair Water This water is taken over aperiodexceedingseven7daysasneededtocompletelengthyrepairsTherateforthisscenarioshallbeattheAubumorBonneyLakeResidentialRateactuallychargedforserviceoutsideCityboundariesdependingonwhichcifyissellingthewaterpius10Thisshallbecompletepaymentforthewaterlaborandadministrationofactivatingtheintertie i
ICTPUIntertieWaterIfBonneyLakeneedstoopentheTPUintertie
to meet system demands whils Aubum is taking waterfrom BonneyLakethenallwaterflowingtoAubumasmeasuredbythe IAubumBonneyLakeintertiemetershallbeconsideredTPUwafer
The rate for TPU water shall be the wholesale rafe set forth in
Tacoma Municipal Code 1210400 as eurrently adopted by theTacomaPubficUtilityTPUBoardandTacamaCityCounciiInthisscenarioonlytheTPUratewithanadditivewheelingfeeshallapply IregardlessofthetimetheintertieisactivatedWhentheTPUiIntertieisopenedorclosedtosupportAubumBonneyLakeshallnotifyAubumthatsameday
Aubum understands that Bonney Lake will incur additional costswhenheyactivatetheTPUintertieTheeostsincludebutarenotlimitedtoincreasedsystemoperationcostsiepumpingtreatment
and sampling and administrative costs such as meter reads and
Tacoma and Aubum accounting and billing Since these costs are
not easily separated frorn normal water system operation costsBonneyLakeandAubumagreethatthesecostsbecompensatedusingaWheelingfeeTheWheelingfeeshallbecalculatedas
percentage of the total cost ofthe wrater taken thcough theAubumBonneyLakeintertiemeterTheWheelingfeerate shall be
15 of the total cost of TPU water taken by Aubum
Not later than 30 days after the Bonney LakeTPU intertie is
deactivated Bonney Lake will submit a reconciliation bill for the
quantity of water supplied to Aubum during the period the BonneyLakeAubumintertieisactivatedInaddifionBonneyLakereserves
the right to request monthly reimbursement if the intertie remains
open for a prolonged period
11 Each City is responsible for associated staff administration and legalcostsassociatedwiththeimplementationoftheagreement
12 To the extent allawed by law each party shall defend indemnify and holdharmlesstheotherpartyitselectedofficialsemployeesandagentsfrom
and againsf any and afl suits claims actions lo5ses costs expenses of
litigation attomeysfees penalties and damages of whatsoever kind or
Page 4 of 5
nature arising out of or in connection with or incident to an act or omissionoftheindemnifyingpartyitsemployeesagentsandcontractorsintheperformanceoftheindemnifyingpartysobligationsundertheAgreementandthisAmendmentThlsindemnificationprovisionshalFincludebutisnotlimitedtoallclaimsagainsteachpartybyanemployeeorformeremployeeoftheindemnifyingpartyoritscontractorsandastosuchclaimseachpartyexpresslywaivesallimmunityandiimitationofliabilityunderTitle51RCW
13 This Agreement shall remain in force until terminated by either partyheretoupon60dayswrittennoticetotheotherparty
14 This Agreement contains the errtire agreement of the parties with respecttothesubjectmatterofthisAgreementandsupersedesaUpriornegotiationsagreementsandunderstandingswithrespecttheretoThisAgreemenfmayonlybeamendedbyawrittendocumentdulyexecutedbyallparties
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN CfTY OF BONNEY LAKEKinPieroeCotyashington
By 2 gY WNPeterBLewisMayorDateNeilJonsoJryarDate
Aft f AHarwoo4odT MervateDanielleDaskamCifyClerDateEdvalsonC
Approv as to form Approved as to form
B gyDarnelBidCifyAttoyateJames J Dionne City ftmey Date
Page S of 5
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RESOLUTION NO 4 5 6 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR TO SIGN THE 2010 LAKE TAPPS
AREA WATER RESOURCES AGREEMENT
WHEREAS Cascade Water Alliance Cascade has entered into an
agreement with Puget Sound Energy PSE to purchase PSEs interest in Lake
Tapps and associated equipment related to PSEs former power generation
operations at Lake Tapps and
WHEREAS Cascade has applied to the Washington State Department of
Ecology Ecology for a permit to utilize Lake Tapps as a municipal water
supply although said permit has not yet been granted This application will
convert the water right from its current hydropower production purpose which is
a nonconsumptive use that keeps water in the basin to a recreation and
municipal water supply purpose which is a consumptive use that will result in
water being taken out of the basin The cities of Auburn Bonney Lake Buckley
and Sumner Four Cities believe that this conversion and removal of water
from the watershed of origin without addressing the needs of communities in the
watershed is inconsistent with the goals and intent of state laws including laws
relating to growth management watershed planning water resource
management and environmental policy and the Cities intend for this Agreement
to at least partially address the Cities concerns about removal of substantial
amounts of water from the basin and
WHEREAS each of the Four Cities is located in close proximity to Lake
Tapps and Bonney Lake borders on the Lake and
Resolution No 4563
January 13 2010
Page 1 of 4
WHEREAS Lake Tapps is an important resource for the Four Cities and
the East Pierce County region for both recreation and municipal water supply
purposes and
WHEREAS each of the Four Cities is located in close proximity to the
White River and three of the cities Auburn Buckley and Sumner border on the
River and
WHEREAS the White River is an important resource for the Four Cities
and the watershed for fisheries recreation and municipal water supply purposes
and
WHEREAS the Four Cities each have a duty and responsibility to provide
water to serve their growing communities and face significant challenges
securing future water supplies in a basin that is closed to new withdrawals and
WHEREAS Cascade also has purchased significant amounts of water
from and paid system development charges to Tacoma Public Utilities TPU
for municipal water and
WHEREAS the Four Cities each have a present need for additional water
but Cascades ownership of the Lake Tapps water right and its operation and
utilization of the Lake as a municipal water supply may impair the Four Cities
ability to secure future water supplies for their citizens and
WHEREAS ensuring that the Four Cities can meet the future water
demands of their growing communities is in the public interest and
WHEREAS in recognition of the need to maintain Lake Tapps as a
recreation resource Cascade has entered into a Definitive Agreement with the
Resolution No 4563
January 13 2010
Page 2 of 4
Lake Tapps Community Council LTCC that obligates Cascade to maintain
water levels in the Lake at normal full pool during the summer months and
WHEREAS the Four Cities seek to mitigate the possible adverse effects
of Cascades operation of Lake Tapps on the Four Cities while cooperating with
Cascades efforts to develop Lake Tapps as a water supply source
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute the 2010 Lake Tapps Area Water Resources
Agreement which agreement shall be in substantial conformity with the
Agreement a copy of which is attached hereto marked as Exhibit A and
incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Section 3 This resolution shatl be in full force and effect upon passage
and
Dated and Signed this day of CZ46L3L 2010
C14 OF AUBURN
P ER B LEWIS
MAYOR
Resolution No 4563
January 13 2010
Page 3 of 4
ATTEST
Danielle E Daskam City Cierk
APPROVED AS TO F
iel B PFsW City
Resolution No 4563
January 13 2010
Page 4 of 4
20100218000340PACIFICNWTITAG7400G00F
Return Address 02 18 2 10 10135KIrccouNrvWqAuburnCityClerk
City of Auburn
25 West Main St
Auburn WA 98001
RECORDERS COVER SHEET
Document Titles or transactions contained therein
Interlocal Agreement
Reference Numbers of Documents assigned or released
Additional reference s on page of document
GrantorsBorrowers Last name first then first name and initials
Cascade Water Alliance k
GranteeAssigneeBeneficiary Last name first
1 Auburn City of
2 Bonney Lake City of
3 Buckley City of a
4 Sumner City of
Legal Description abbreviated ie lot block plat or section township range
PER RCW 3934
Additional legal is on page of document
Assessors Property Tax ParcelAccount Number
uaers fwa fX
NA yyr a Eb v s rr T o
Assessor Tax not yet assigned 114k
2010 LAKE TAPPS AREA WATER RESOURCES AGREEMENT
AMONG THE CITIES OF AUBURN BONNEY LAKE BUCKLEY AND SUNINER
AND CASCADE WATER ALLIANCE
THIS LAKE TAPPS AREA WATER RESOURCES AGREEMENT Agreement made and
entered into on the 5t day of February 2010 by and among the CITY OF AUBURN Auburn
the CITY OF BONNEY LAKE Bonney Lake the CITY OF BUCKLEY Buckley the CITY
OF SUMNER Suxnner all municipal corporations of the State of Washington collectively the
Four Cities and the CASCADE WATER ALLIANCE a Washington nonprofit corporation
Cascade The Four Cities and Cascade together are sometimes collectively referred to as the
Parties
DEFINITIONS
Water Right shall mean the water right applications submitted to the Department of Ecology
Ecology 5229920 R229935 and S229934 in their current form or as may be modified and
as approved by Ecology
Cascades Tacoma Wholesale Agreement means the Agreement For The Sale of Wholesale
Water Between The City of Tacoma Department ofPublic Utilities Water Division and Cascade
Water Alliance dated October 13 2005 The terms Capacity Reservation Fee Peaking
Factor and System Development Charges are used in this Agreement as defined in Cascades
Tacoma Wholesale Agreement
City means one of the Four Cities individually
Other Agreements means the Agreement Regarding Reservoar Management Between PSE and
the Lake Tapps Community dated March 31 2004 the White River Management Agreement
Between the Puyallup Tribe of Indians the Muckleshoot Indian Tribe and Cascade Water
Alliance dated August 6 2008 the Lake Tapps Water Rights Settlement Agreement dated
August 6 2008 the Natural Resources Enhancement Agreement lvith the Puyallup Tribe of
Indians dated August 6 2008 and the 2009 Agreement Regarding Lake Tapps between Cascade
Water Alliance and the Lake Tapps Community dated May 13 2009
TERMS OF AGREEMENT
In consideration of their mutual covenants conditions and promises THE PARTIES
HERETO AGREE as follows
Page 1
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
EFFECTIVE DATE AND TERM This Agreement shall take effect when executed by the
Parties and shall remain in full force and effect for fifty 50 years unless terminated in whole or in
part earlier in accordance with Sections 4 and 10 Provided that any actions taken to enforce this
Agreement before it expires any conditions contained in permits issued pursuant to or
implementing the terms ofthis Agreement and any contracts to purchase water shall survive this
Agreement The Term of this Agreement may be extended by written agreement of the Parties
CASCADES RESPONSIBILITIES
1 Lake Tapps Municipal Advisory Group Cascade agrees to the establishment of the
Lake Tapps Municipal Advisory Group as follows
a The Lake Tapps Municipal Advisory Group shall consist of the elected Mayors of each
of the Four Cities and three 3 members of the Cascade Board of Directors the
Cascade Board If any ofthe Four Cities becomes a Member of Cascade the Mayor of
that City will not be considered a member of the Lake Tapps Municipal Advisory Group
unless appointed as a representative of the Cascade Board
b The Lake Tapps Municipal Advisory Group will be a nonvoting entity with the purpose
of 1 advising the Four Cities of proposed or pending Cascade decisions or actions
related to the management of Lake Tapps that may affect the Four Cities 2 advising
Cascade of any issue that the Four Cities may have related to Cascades management of
Lake Tapps 3 seeking cooperative resolution of any issues raised by Cascade or the
Four Cities and 4 any other matters related to the implementation of provisions of this
Agreement
c The Lake Tapps Municipal Advisory Group will meet at least twice annually with such
meetings to be generally held in earlymid October and earlymid April or as otherwise
agreed by the members Meetings may include staff of Cascade and the Four Cities as
determined by the group At the regular meeting of the Cascade Board immediately
following a meeting of the Lake Tapps Municipal Advisory Group a representative of
the group will report on the issues discussed and present any recommendations for
cooperative resolution of any issues discussed
2 Remedies for Negative Impact on Water Supply In accordance with the terms of this
Agreement if Cascades Lake Tapps water supply operations result in a negative impact
to the water supplies of one of the Four Cities that is not a Cascade member the City
claiming a negative impact must notify Cascade of their claim and give Cascade at least
sixty days to resolve the claimed impact If Cascade fails to resolve the claimed negative
impact or disputes that the negative impact exists the City claiming the negative impact
may pursue existing legal remedies in accordance with state and federal law If a court
Page 2
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
determines that a negative impact has occurred Cascade shall implement a remedy
acceptable to the claiming City or if the affected City or Cities and Cascade can not agree
on a remedy the court shall establish the terms for the remedy
3 Water Supply Assistance Cascade agrees to assist the Four Cities in their efforts to meet
their respective projected 50year water needs by implementing one or more of the
following measures
a Tacoma Wholesale Water Through December 31 2026 Cascade sha11 make
available the following water supply that may be purchased by the Four Cities either
individually or jointly up to six 6 million gallons per day MGD under section 62 of
Cascades Tacoma Wholesale Agreement hereinafter referred to as Cascades
Guaranteed Reserve Capacity and up to four 4 MGD under section 61 of Cascades
Tacoma Wholesale Agreement hereinafter referred to as Cascades Permanent
Capacity under the following conditions
1 For water supply from Cascades Guaranteed Reserve Capacity to be available
throughout the year the City agrees to pay to Cascade an amount equal to the
Capacity Reservation Fee CRF paid to Tacoma multiplied by the amount to be
purchased in MGD 157007400 per MGD It is understood that this
Guaranteed Reserve Capacity water includes a peaking factor of 133 for the
months of June through September and the City agrees to pay this fee
2 For water supply from Cascades Guaranteed Reserve Capacity to be available
only during the peak season June through September the City agrees to pay to
Cascade an amount equal to a prorated portion of the Capacity Reservation Fee
paid to Tacoma multiplied by the amount to be purchased in MGD 13 of the
CRF or 52335800 per MGD It is understood that this Guaranteed Reserve
Capacity water includes a peaking factor of 133 for the months of June through
September and the City agrees to pay this fee
3 For water supply from Cascades Permanent Capacity to be available either
during peak period only or throughout the year the City agrees to pay to
Cascade an amount equal to the System Development Charge SDC paid by
Cascade to Tacoma multiplied by the amount to be purchased in MGD
4121000 per 1VIGD prorated by the number of months the water will be used
each year For example if a City purchases 1 MGD only from June through
September it would pay 13 of the SDC or 1373667 per MGD It is
understood that this Permanent Capacity water includes a peaking factor of 133
for the months of June through September and the City agrees to pay this fee
Page 3
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
r
r
4 Each City that purchases water under this Section 3 of this Agreement will
designate a delivery point and either pay Tacoma directly or reimburse Cascade
for costs incurred to install necessary service taps meters or vaults Any
infrastructure beyond the designated delivery point that may be required to
deliver the purchased water to retail customers will be solely the responsibility
of the City
5 Each City that purchases water under this Section 3 of this Agreement will
provide Cascade with the necessary delivery scheduling information required
under Cascades Tacoma Wholesale Agreement and will reimburse Cascade for
all wholesale charges from Tacoma associated with deliveries at the Citys
delivery point in accordance with the provisions of Section 91 of Cascades
Tacoma Wholesale Agreement except for Cascades obligation to pay the
Minimum Monthly Bill
6 At any time prior to December 31 2026 any of the Four Cities that have entered
into wholesale water purchase agreements with Cascade under this Section 3 of
this Agreement may ask Cascade to request that Tacoma make permanent the
amount of water being purchased from Cascade under this Section 3 in
accordance with section 151 of Cascades Tacoma Wholesale Agreement If
approved by Tacoma the requesting City agrees to pay to Cascade any amounts
due from Cascade to Tacoma pursuant to section 1512 of Cascades Tacoma
Wholesale Agreement for the duration of Cascades obligation to Tacoma
n Cascade shall not terminate relinquish or amend Cascades Tacoma Wholesale
Agreement in any way that adversely impacts the Four Cities ability to purchase
water as set forth in this Agreement without the prior express written consent of
the Four Cities
b Regional ReservedWater Through December 31 2030 Cascade will provide Lake
Tapps Region Reserved Water Regional Reserved Water to assist the Four Cities to
secure or apply for alternative water supplies or water rights under the following
conditions
1 Cascade will include Regional Reserved Water consistent with this Agreement
in its State Environmental Policy Act SEPA Draft Environmental Impact
Statement DEIS regarding the Lake Tapps Water Rights and Supply Project
2 Subject to the SEPA DEIS process Cascade will request approval by Ecology
of the Lake Tapps municipal water right application as follows
Page 4
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
a Regional Reserved Water in an amount of seven 7 cubic feet per second
cfs annual average Qa and ten 10 cfs maximum instantaneous Qi would
be reserved for the use by any or a11 of the Four Cities to mitigate impacts on
the White River of new water rights or changes to existing water rights
b Regional Reserved Water would not be diverted into Lake Tapps but
instead be allowed to flow down the White River for potential use by any of
the Four Cities
3 If such Regional Reserved Water is approved by the Department of Ecology as
provide in this Agreement use of such Regional Reserved Water may be
included as part of a water right application submitted individually by any of the
Four Cities Ecology approval of water rights utilizing Regional Reserved
Water must be secured by the City on or before December 31 2030 Beneficial
use of such Regional Reserved Water will take place consistent with approved
development schedules included in those water right approvals Any Regional
Reserved Water not authorized for use in a water right approved by December
31 2030 shall revert to Cascade
4 Cascade shall have no other obligation or involvement in any water right
applications submitted by the Four Cities utilizing the Regional Reserved Water
Any concerns Cascade may have regarding a Citys application shall be raised
pursuant to the dispute resolution provisions of Section 18 of this Agreement
prior to pursuing any legal action including administrative appeals
5 Within 90 days of any of the Four Cities receiving final approval of new or
changed water rights incorporating use of Regional Reserved Water that City
shall pay Cascade a onetime Regional Water Charge equal to 74395000 per
cfs If the water right includes seasonal limitations on use of Regional Reserved
Water the Regional Water Charge sha11 be prorated to reflect the seasonal
availability of such water
c Water from Tailrace Subject to availability and to supporting findings in a report of
examination for one of the Four Cities new or changed water right applications
Cascade would provide water by releasing water from the Lake Tapps Project tailrace
to the White River on terms to be negotiated by Cascade and the requesting City
d Support In order to support the efforts made by any of the Four Cities to acquire new
water rights or transfer existing water rights and upon request by any of the Four Cities
Cascade shall provide technical support in the form of access to existing modeling and
any other technical documentation available to Cascade Upon request of the Four
Page 5
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
Cities and so long as consistent with Other Agreements and approvals related to the
Lake Tapps Project Cascade shall also provide letters or other documentation in
support of actions taken by the Four Cities to secure new water rights or transfers of
water rights including but not limited to letters of support in establishing a finding of
overriding considerations of the public interest by the Department of Ecology
pursuant to RCW 90540203a
4 Termination Cascades obligations under Sections 1 through 3 of this Agreement are in
force and effect as to each City only so long as that City fulfills its obligations under this Agreement
and has not appealed the Water Right
5 Local Franchise and Permit Requirements When operating in any of the Four Cities
municipal boundaries Cascade will comply with all of that Citys franchise and permitting
requirements
CITIES RESPONSIBILITIES
6 Purchase of Tacoma Wholesale Water The Four Cities collectively or individually at
each Citys sole discretion agree to buy water under Cascades Tacoma Wholesale Agreement at
the rates including connection and wholesale charges as set forth in this Agreement The Four
Cities shall be responsible for dividing the purchased capacity among themselves and shall
negotiate wheeling or other applicable agreements either with Cascade or directly with Tacoma
Water Except as expressly provided otherwise in this Agreement the Four Cities agree to be
bound by the terms of the Cascades Tacoma Wholesale Agreement
7 Dismissal of Litigation Within fifteen 15 business days after filing andor recording of
this Agreement Auburn will withdraw and dismiss its pending lawsuit with prejudice against
Cascade King County Case Number 052357886
8 Four Cities Support of the Water Right So long as the EISs are issued by Cascade and
the Water Right is approved by Ecology consistent with this Agreement the Four Cities will
support the EISs and the Water Right
9 Municipal Advisory Group The Four Cities represented by their duly elected Mayors
will participate in the Lake Tapps Municipal Advisory Group as described in this Agreement
10 Amending Legislation Within thirty 30 days of issuance of the Water Right consistent
with this Agreement the Four Cities will support legislation amending RCW 3934215 by deleting
subsections 4 c and 5
11 Termination The Four Cities obligations under Sections 6 through 10 of this Agreement
Page 6
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
are in force and effect only so long as Cascade fulfills its obligations under this Agreement and the
ROEs issued by Ecology for the Water Right are consistent with this Agreement regarding the
Regional Reserved Water
GENERAL
12 Indemnification Each Party sha11 indemnify and hold the other Parties and their agents
employees andlor officers harmless from and shall process and defend at its own expense any and
all claims demands suits at law or equity actions penalties losses damages or costs of
whatsoever kind or nature brought against that Party arising out of in connection with or incident
to the execution of this Agreement andor the Indemnifying Partys performance or failure to
perform any aspect of this Agreement provided that nothing herein sha11 require an Indemnifying
Party to hold harmless or defend any other Pariy its agents employees andor officers from any
claims arising from the sole negligence of that other Party its agents employees andor officers
No liability shall attach to any Party by reason of entering into this Agreement except as expressly
provided herein
13 Compliance with regulations and laws The parties shall comply with all applicable rules
and regulations pertaining to them in connection with the matters covered herein
14 Assignment No Party shall assign this Agreement or any interest obligation or duty
therein without the express written consent of all other parties
15 Attorneys Fees If any party shall be required to bring any action to enforce any provision
of this Agreement or shall be required to defend any action brought by the other party with respect
to this Agreement and in the further event that one pariy shall substantially prevail in such action
the losing party shall in addition to all other payments required therein pay all of the prevailing
partys reasonable costs in connection with such action including such sums as the court or courts
may adjudge reasonable as attorneys fees in the trial court and in any appellate courts
16 Notices All notices and payments hereunder may be delivered or mailed If mailed they
shall be sent to the following respective addresses
City of Auburn
25 West Main
Auburn WA 980014998
Attn Public Works Director
Phone253 9313000
Fax 253 9313053
City of Bonney Lake
19306 Bonney Lake Blvd
Bonney Lake WA 98391
Attn Public Works Director
Phone 253 8628602
Fax 253 8628538
Page 7
2010 Lake Tapps Area Water Resources Agreement
February l 2010
City ofBuckley City of Sumner
933 Main St 1104 Maple St
PO Box 1960 Sumner WA 98390
Buckley WA 98321 Attn Public Works Director
Attn City Administrator Phone 253 8638300
Phone 360 8291921 Fax 253 2995509
Fax 360 8292659
Cascade Water Alliance General Counsel Cascade Water Alliance
11400 SE 8th Street Suite 440 GordonDerr LLP
Bellevue Washington 98004 2025 First Avenue South Suite 500
Attn Chief Executive Officer Seattle Washington 981283140
Phone 425 4530930 Phone 206 3829540
Fax 425 4254530953 Fax 206 6250675
or to such other respective addresses as any party hereto may hereafter from time to time designate
in writing All notices and payments mailed by regular post including first class shall be deemed
to have been given on the second business day following the date of mailing ifproperly mailed and
addressed Notices and payments sent by certified or registered mail shall be deemed to have been
given on the next business day following the date of mailing if properly mailed and addressed For
all types of mail the postmark affixed by the United States Postal Service shall be conclusive
evidence ofthe date of mailing
17 Enforceability The Parties intend this Agreement to be certain and enforceable as well
as a mechanism for ongoing collaboration as to any issues that may arise in connection with
implementation of the Agreement Except as necessary for compliance with and enforcement of
this Agreement the parties do not intend this Agreement to modify their respective rights or
authorities
18 Dispute Resolution In the event that any dispute arises between Cascade and the Four
Cities the aggrieved Party shall give a notice of the dispute to the other Party as provided in
Section 16 Cascade and the Four Cities shall within five 5 days of such notice each nominate
a senior officer of its management to meet at a mutually agreed location to attempt to resolve
such dispute The Parties shall each designate a representatives to confer on the best and most
cost effective way to resolve the dispute By mutual agreement they may choose direct
negotiations or mediation If there is no agreement between the Parties on how to proceed within
thirty 30 days either Party may pursue legal action provided however no Party shall be
precluded from filing an appeal or action to prevent the expiration of a time period for filing or
any statute of limitations
Page 8
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
19 NonWaiver No delay or failure by a Party to exercise any of its rights powers or
remedies under this Agreement following any breach by another Party shall be construed to be a
waiver of any such breach or any acquiescence therein or of or in any similar breach thereafter
occurring nor shall any waiver of any single breach be deemed a waiver of any other breach
theretofore or thereafter occurring
20 Severability In the event that any of the terms of this Agreement are in conflict with any
rule of law or statutory provision or otherwise unenforceable such terms will be deemed stricken
from this Agreement but such invalidity or unenforceability will not invalidate any of the other
terms of this Agreement and this Agreement will continue in force unless the invalidity or
unenforceability of any such provisions hereof does substantial violence to or where the invalid
or unenforceable provisions comprise an integral part of or are otherwise inseparable from the
remainder of this Agreement
21 No Third Party Beneficiary This Agreement is for the sole and exclusive benefit of the
Parties and is not intended to and shall not confer any rights or benefits on any third party not a
signatory hereto
22 Amendment This Agreement only may be amended or supplemented in a writing
signed by the Parties
23 Survival of Claims Any claim that a Party has asserted by raising it under the Dispute
Resolution provisions of this Agreement prior to the termination of this Agreement and that may
reasonably be interpreted or construed to survive the termination of this Agreement shall survive
the termination of this Agreement
24 Signature in Counterpart This Agreement may be executed in any number of
counterparts and all of those counterparts taken together shall constitute one and the same
instrument
25 Further Assurances Each Party covenants and agrees to do all things necessary or
advisable in order to confirm and better assure the intent and purposes of this Agreement
26 Authority Each party by executing this Agreement warrants that it has duly
approved this Agreement and has the power to enter into this Agreement and to enforce its
terms
Page 9
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
27 Good Faith Commitment to Support Agreement The Parties covenant and
agree to act in good faith and to support the terms and validity of this Agreement
Cascade shall during the term of this Agreement support and defend the validity of the
Agreement and shall not seek either directly or indirectly to invalidate the Agreement or
undermine or modify its terms and conditions through administrative legislative judicial
or other means
28 Nondiscrimination Each of the parties for itself its heirs personal representatives
successors in interest and assigns as a part of the consideration hereof does hereby covenant and
agree that it will comply with pertinent statutes Executive Orders and such rules as are
promulgated to assure that no person shall on the grounds of race creed color national origin sex
age or the presence of any sensory mental or physical handicap be discriminated against or receive
discriminatory treatment by reason thereof
29 Applicable Law This Agreement shall be deemed to be made and construed in accordance
with the laws of the State of Washington jurisdiction and venue for any action arising out of this
Agreement shall be in Pierce County Washington
30 Captions The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions ofthis Agreement
31 No Additional Entities Created Unless otherwise specifically provided herein no
separate legal entity is created hereby as each of the parties is contracting in its capacity as a
municipal corporation of the State of Washington or as a Washington nonprofit Corporation The
identity of the parties hereto is as set forth hereinabove
32 Integrated Agreement This Agreement constitutes the entire agreement between the
parties There are no terms obligations covenants or conditions other than those contained herein
No modifications or amendments of this Agreement shall be valid or effective unless evidenced by
an agreement in writing signed by all parties
33 Filing Copies of this Agreement shall be filed with the King County Auditors Office the
Pierce County Auditors Office the Secretary of State of the State of Washington and the
respective Clerks ofthe parties hereto
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written
Page 10
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
CITY OF AUB1J
1U
Peter B Lewis ayor Date
Attest
2c
Danielle Daskam City Clerk Date
Appr ed orm
2iao
D el B Hei ity Attorne Date
CITY OF BUCKLEY
4eoPatJohnsnayor
Attest
Joanne Starr Deputy City Clerk Date
CITY OF BONNEY LAKE
4j a I do
Neil Jo on ayor Date
Atte
QI 6 Z S
arwood T Edvalson CMC at8
Approved as to Form
22 P
es ionne City Attorney Date
CITY OF SUMNER
3L
Dave Enslow Mayor Date
Attest
TemBerryv CMC VY Clerk Date
Ap v as to Form
a
athleen allison Date
Law Office ofKathleen Callison PS
CASCADE WATER ALLIANCE
azz Ge6
Chuck Clarke CEO Date
Approved as to Form
Brett Vinson City Attorney Date
CASCADE WATER ALLIANCE
a Sr U
rese Ric tmond Date
General Counsel
Page 11
2010 Lake Tapps Area Water Resources Agreement
February 1 2010
CITY OF
UBURN
WASHINGTON
Peter B Lewis Mayo
25 West Main Street Auburn WA 980014998 wwwaubumwagov 2539313001
STATE OF WASHINGTON
ss
COUNTIES OF KING AND PIERCE
I Danielle Daskam the duly appointed qualified City Clerk of the City of
Auburn a Municipal Corporation and Code City situate in the counties of King and
Pierce State of Washington do hereby certify that the foregoing is a full true and
correct copy of the agreement entitled 2010 Lake Tapps Area Water Resources
Agreement Among the Cities of Auburn Bonney Lake Buckley and Sumner and
Cascade Water Alliance on file with the City Clerk of the City of Auburn
I certify that said agreement was duly approved by the Council by
Resolution No 4563 on January 19 2010 and the agreement signed by the Mayor
of the said City of Auburn on the 5th day of February 2010
Witness my hand and the seal of the City of Auburn this 16th day of February
2010
Danielle Daskam City Clerk
City Qf Auburn
a
k K
R
AUBURN MORE THAN YOU IMAGINEI
CITY OF
AfiBURN
WASHINGTON
February 5 2010
Mr Chuck Clarke
CEO Cascade Water Alliance
11400 SE 8th Street Suite 440
Bellevue WA 98004
Dear Mr Clarke
ONNEY
The Cities of Auburn Bonney Lake Buckley and Sumner have completed
negotiations with Cascade Water Alliance on the 2010 Lake Tapps Area Water
Resources Agreement Agreement whereby Cascade agreed to assist the cities
in meeting their respective future water supply needs As the four Mayors
representing the Cities of Auburn Bonney Lake Buckley and Sumner we have
found it prudent to submit this letter to you on behalf of our cities detailing the
projected timing and quantity of our respective water supply needs for the
resources being made available to our cities by Cascade The projected
amounts needed and the times at which water will be needed are based on
current planning data We understand that the quantities listed below are subject
to the following combined limits in the Agreement 1 with respect to Regional
Reserved Water for mitigation purposes 7 cfs for average daily demand and 10
cfs for peak demand and 2 with respect to Tacoma Wholesale Water 6 million
gallons per day MGD of Cascades Guaranteed Reserve Capacity and four 4
MGD of Cascades Permanent Capacity plus a peaking factor of 133
The Cities agree among themselves that the sources of supply provided by
Cascade Water Alliance will be allocated as outlined below for each source
provided and that these allocations will be needed by approximately the years
listed below Any changes of allocation between the cities from the amounts
reflected below will be subject to mutual written agreement of all four cities and a
revised notice to Cascade
City of Auburn Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
13 25 388
Temporary Block Water Guaranteed Reserve Capacity
Auburn plans to take delivery of not to exceed 5 MGD of this water supply in
three 3 increments by yearend 2018
Permanent Block Water Cascades Permanent Capacity
Auburn plans to take delivery of not to exceed 2MGD ADD 332 MGD Peak of
this water supply in two increments by yearend 2018
Citv of Bonney Lake Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
10 20 31
Temporary Block Water Guaranteed Reserve Capacity
Bonney Lake declines to purchase any temporary block water
Permanent Block Water Cascades Permanent Capacity
Bonney Lake plans to take delivery by yearend 2018 of not to exceed 154 MGD
ADD 2 MGD Peak of this supply for the months of June through September only
Citv of Bucklev Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
071 13 20
Temporary Block Water Guaranteed Reserve Capacity
Buckley reserves the right to purchase up to one MGD of temporary block water
Permanent Block Water Cascades Permanent Capacity
Buckley would purchase permanent block water if Regional Reserved Water
cannot be utilized
Citv of Sumner Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
042 065 10
Subject to permitting decisions to be made by Department of Ecology Sumner
may not need peak flows above the average of 042 MGD 065 cfs
Temporary Block Water Guaranteed Reserve Capacity
Sumner would not purchase temporary block water
Permanent Block Water Cascades Permanent Capacity
Sumner would not purchase permanent block water
YQF RN
Peter B Lewis Mayor Date
CITY OF BUCKLEY
CITY OF BONNEY LAKE
JWO z Co
Neil ohnson Mayor Date
CITY OF SUMNER
Mayor Date Dave Enslow Mayor DatePatJnn
cirv oF
AUKUZRN
WASHINGTON
49W1
February 5 2010
Mr Chuck Clarke
CEO Cascade Water Alliance
11400 SE 8th Street Suite 440
Bellevue WA 98004
Dear Mr Clarke
The Cities of Auburn Bonney Lake Buckley and Sumner have completed
negotiations with Cascade Water Alliance on the 2010 Lake Tapps Area Water
Resources Agreement Agreement whereby Cascade agreed to assist the cities
in meeting their respective future water supply needs As the four Mayors
representing the Cities of Auburn Bonney Lake Buckley and Sumner we have
found it prudent to submit this letter to you on behalf of our cities detailing the
projected timing and quantity of our respective water supply needs for the
resources being made available to our cities by Cascade The projected
amounts needed and the times at which water will be needed are based on
current planning data We understand that the quantities listed below are subject
to the following combined limits in the Agreement 1 with respect to Regional
Reserved Water for mitigation purposes 7 cfs for average daily demand and 10
cfs for peak demand and 2 with respect to Tacoma Wholesale Water 6 million
gallons per day MGD of Cascades Guaranteed Reserve Capacity and four 4
MGD of Cascades Permanent Capacity plus a peaking factor of 133
The Cities agree among themselves that the sources of supply provided by
Cascade Water Ailiance will be allocated as outlined below for each source
provided and that these allocations will be needed by approximately the years
listed below Any changes of allocation between the cities from the amounts
reflected below will be subject to mutual written agreement of all four cities and a
revised notice to Cascade
Citv of Auburn Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
13 25 388
Temporary Block Water Guaranteed Reserve Capacity
Auburn plans to take delivery of not to exceed 5 MGD of this water supply in
three 3 increments by yearend 2018
Permanent Block Water Cascades Permanent Capacity
Auburn plans to take delivery of not to exceed 2MGD ADD 332 MGD Peak of
this water supply in two increments by yearend 2018
Citv of Bonnev Lake Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
10 20 31
Temporary Block Water Guaranteed Reserve Capacity
Bonney Lake declines to purchase any temporary block water
Permanent Block Water Cascades Permanent Capacity
Bonney Lake plans to take delivery by yearend 2018 of not to exceed 154 MGD
ADD 2 MGD Peak of this supply for the months of June through September only
Citv of Bucklev Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
071 13 20
Temporary Block Water Guaranteed Reserve Capacity
Buckley reserves the right to purchase up to one MGD of temporary block water
Permanent Block Water Cascades Permanent Capacity
Buckley would purchase permanent block water if Regional Reserved Water
cannot be utilized
City of Sumner Schedule and Allocation
Mitigation Flows Regional Reserved Water
MGD ADD MGD Peak CFS Peak
042 065 10
Subject to permitting decisions to be made by Department of Ecology Sumner
may not need peak flows above the average of 042 MGD 065 cfs
Temporary Block Water Guaranteed Reserve Capacity
Sumner would not purchase temporary block water
Permanent Block Water Cascades Permanent Capacity
Sumner would not purchase permanent block water
O CITY OF BONNEY LAKE
Peter B Lewis Mayor Date Neil Joli son ayor Date
CITY OF BUCKLEY CITY OF SUMNER
Pat Johi s Mayor Date ave Enslow Mayor Date
RESOLUTION NO 4649
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE
AN EMERGENCY WATER SYSTEM INTERTIE
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE LAKEHAVEN UTILITY DISTRICT
WHEREAS pursuant to RCW 3934 the Inferlocal Cooperation Act
Auburn and Lakehaven have legal authority to cooperate with other localities on
the basis of mutual advantage and provision or secvices and
WHEREAS the parties wish to enter into an Emergency Water System
Intertie Agreement in order to increase fire proteetion and emergency watec
supply reliability for their customers
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follows
Section 1 That the Mayor and City Clerk are hereby authorized to
execute an Emergency Water System Intertie Agreement with the Lakehaven
Utility District in substantially the same form as attached hereto as Exhibit A
which is made a part hereof as hough set forth in full herein
Section 2 That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation
Section 3 That this Resolution shall take effect and be in full force
upon passage and signatures hereon
Resolution No 4649
October 122010
Page 1 of 2
2009DatedandSignedthisdayofjci
C Y OF AUBURN
P TER B LEWIS
MAYOR
ATTEST
Danielle E Daskam City Clerk
APPROVED AS TO FORM
Daniel B Heid City Attomey
Resolution No 4649
October 12 2010
Page 2 of2
EMERGENCY WATER AGREEMENT
LakehavenAuburn Intertie No Z
THIS AGREEMENT made and entered into by and between the City of Auburn
hereinafter referred to as City and Lakehaven Utility District hereinafter referred to as
District
WITNESSETH
WHEREAS the City has water facilities in the vicinity of a water main of the District
and
WHEREAS the City can increase water system reliability in emergencies for its
customers if water is available from the District and
WHEREAS the District is willing to provide to the City water service necessary to
increase the water systems reliability upon the terms and conditions set forth herein
NOW THEREFORE IT IS MUTUALLY AGREED as follows
1 The District hereby giants to the City the right to connect a water meter and flow
control valve and appurtenances to the end of the 6inch water main located in a vault
near the intersection of Knickerbocker Road and Abby Drive in King County
Washington
2 The meter and flow control valve described in Paragraph No 1 is installed to increase
the reliability of the City water system to meet demand during emergencies
3 For purposes of this agreement emergency shall mean a water shortage a major
water line break fire demand contamination to the water supply system mechanical
equipment failure electrical equipment failure or Puget Sound Energy facility failure or
any other event agreed upon between the Parfies
4 The procedure for operating the intertie in the event of such an emergency shall be as
follows
a The City and District shall each determine that an emergency has occurred that
warrants the need to request that the intertie be activated
b The Public Works Directoror designee of the City shall provide a verbal request to
the District General Manager or designee stating the requested time of
commencement and estimated duration and quantity ofwater to be so used Upon
verbal agreementby the District that an emergency exists the intertie will be
October 12 2010
Page 1 of 4
activated as soon as reasonably possible District and City personnel sha11 be present
atthe vault to activate the facility
C The City shall provide a written confirmation of the request not less than 24 hours
after the verbal request or on the first day of normal business after the verbal request
d Subject to condition in paragraph 10 the intertie sha11 remain activated until the
Citydeterinines that the need for activation ofthe emergency intertie has ceased The
Public Works Director or designee of the City shall proVide a verbal request to the
District GenerallVlanager or designee that the intertie be closed The City shall
provide writtenconfirmation within 24 hoursafter the verbal request or on the first
day of normal business after the verbal request
e This emergency intertie facility is limited to a maximum flowrate of 800GPM
gallonsperminute
5 The City and District staff shall read the meter upon activation and deactivation of the
intertie The District sha11 tfien calculate and invoice the City for the water used during
the request The invoice shall be calculated based on the total water used during the
event
6 The City shall comply with a11 District resolutions and rules relating to connection to
the Districts water system unless modified by this agreement
7 The City shall pay to the District thesame connection fee rates and chazges and
monthly service charges except for capifal facilities chazge as are established from time
to time by District resolution and as aze applicable to the use of a six 6inch meter The
current monthly service chargefor a six 6inch meter is 28704 per month The current
rate for water use is 124ccf forwinter usage November June and 256ccf for
summer usage July October and these rates shall be in effect until such time as the
District amends its rate resolution or until a meter of different size is utilized
8 This Agreement shall not autliorize or permit the City to take water from the
connection described herein beyond what is described in Paragraph No 4
9 All costs of the meter and flow control installation including but not limited to time
arid materials expended on improvements pursuant to this Agreement shall be fully
reimbursed by the City Any materials provided shall become the property of the District
upon completion of installation
10 a In case of emergency or whenever the public health safety or the equitable
distribution of water so demands the District may change reduce or limit the delivery
rate or time or temporarily discontinue the emergency water connection to the City
October 12 2010
Page 2 of 4
without notice b Water service may be temporarily interrupted iimited for purposes of
making repairs extensions or doing other necessary work and c The District sha11 not
be responsible for any damage resulting from interruption change or failure of the
emergency water connection and the City sha11 save and holdhannless the District from
any loss damages or suits to or by customers ofthe City resulting from interruption
change or failure of water supply provided by this Agreement except damages arising out
of the Districts negligence Prior to a planned interruption or limiting of service the
District will notify the City of such not less thanthree days prior to the service disruption
The Districf agrees to use best efforts and reasonable diligence to notify City as soon after
it becomes aware of the need for service disruption
11 To the extent allowed by law each party sha11 defend indemnify and hold harmless
the other party its elected officials employees and agents from and against any and all
suits claims actions losses costs expenses of litigation attorneys fees penalties and
damages of whatsoever kind or nature arising out of or in connection with or incident to
an act or omission of the indemnifying party its employees agents and contractors in the
performance ofthe indemnifying partys obligatioris under the Agreement This
indemnification provision shall include but is not limited to all claims against each party
by an employee or former employee of the indemnifying party or its contractors and as to
such claims each party expressly waives all immunity and limitation of liability under
Title 51 RCW
12 In the event of nonperformance of any provision herein by the City District may shut
off water supplied pursuant to tlus Agreement
13 This Agreement may be terminated by either party hereto upon 60days written notice
to the other party
IN WITNESS WHEREOF we have hereunto set our hands and seals
CITY OF AUBURN LAKEHAVEN UTILITY DISTRICT
King County V ngton King County Washington
gy VW By l IVlayor
Date General Manager Date o October
12 2010 Page
3 of 4
y
Approved as to form Approved as to form
j
By By I
i eCounsel Date
October 12 2010
Page 4 of4
RESOLUTION NO 4648
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND THE CITY CLERK TO EXECUTE
AN EMERGENCY WATER SYSTEM INTERTIE
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF TACOMA
WHEREAS pursuant to RCW 3934 the Interlocal Cooperation Act
Aubum and Tacoma have legal authority to cooperate with other localities on the
basis of mutual advantage and provision or services and
WHEREAS the Cities wish to enter into an Emergency Water System
Intertie Agreement in order to increase fire protection and emergency water
supply reliability for their customers
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
HEREBY RESOLVES as follovirs
Section 1 That the Mayor and City Clerk are hereby authorized to
execute an Emergency Water System Intertie Agreement with the City of
Tacoma in subsfantially the same form as attached hereto as Exhibit A which
is rnade a part hereof as though set forth in full herein
Section 2 That the Mayor is authorized to implement such
administrative proceduces as may be necessary to carry out the directives of this
legislation
Section 3 That this Resolution shall take effect and be in full force
upon passage and signafures hereon
Resolution No 4648
October 12 2010
Page 1 of 2
Dated and Signed this day of 2009
CI F AUBURN
PETER B LEWIS
MAYOR
ATTEST
Danielle E Daskam City Clerk
APPROVED AS TO FORM
Daniel B Heid City Attorney
Resotution No 4648
October 12 2010
Page 2 of 2
EMERGENCY INTERTIE AGREEMENT
BETWEEN
CITY OF TACOMA AND CITY OF AUBLJRN
This emergency mtertie agreement Agreement is made by and between the City of Tacoma
Department ofPublic Utilities Wafer Division dbla Tacoma Water a municipal corporaxion
hereafter Tacoma and the City ofAuburn a municipal corporation hereafter Auburn
Tacoma and Auburn collectively sha11 be referred to as the Parties or either Tacoma or Aubum
may be refened to as Party when appropriate
A RECITALS
WHEREAS Auburn and Tacoma are responsible for operating and maintaining their
public water systems in accordance with federal state and local laws and regulations and
WHBREAS the Parties recognize the responsibility of public water utilities to provide
for the highest quality of water and reliability of service to their customers at reasonable
cost and
WHEREAS the Parties further recognize that water resources are finite and vulnerable
and the prudent use and management ofthese resources requires cooperation among
water utilities and
WHEREAS Auburn has requested that an intertie be established with Tacoma to be
available in case of emergency need and Auburn does have water system facilities
nearby that can be interconnected so as to be mutually beneficial to both utilities during
periods of system emergency and
WHEREAS the Parties recognize that Auburn intends to use this intertie for wholesale
service in the future
NOW THEREFORE it is agreed that Auburn and Tacoma may provide for interties of
water mains and the terms and conditions contained herein shall apply
B DEFINITIONS
The definition of certain terms as used later in this Agreement are as follows
INTERTIE Aphysical connection between water mains of the two Parties to this
Agreement at specifically identified points where water may be transferred from the
supplies ofone system to the transmission or distribution facilities of the other
SURPLUS PRODUCTION CAPACTTY Volumetric rate of available water supply
from the sources of the supplying water system wliich can be transferred through an
Exhibit A
Resolurion No 4648
October 12 2010
Page 1 of4
intertie after all service requirements to the customers ofthe supplying system have been
met
ISOLATION VALVE A positive shut off valve which sha11 be installed at the point in
each water system which is used to accept or deliver water through the intertie Each
connected system has sole responsibility for providing and operating their isolation valve
INTERTIE CAPACITY The flow capacity for water to be delivered through an
intertie as agreed upon by the Parties tothis Agreement Intertie facilities shatl be
designed so as to be capable of conveying no less than the agreed upon flow
EMERGENCY Defined as resulting from a water shortage a major water 1ine break
firedemand contamination of the water supply system mechanical equipment failure
electrical equipment failure or any other agreed upon emergency affecting the water
supply system
C CONDITIOIVS
1 GENERAL The intertie described in exhibits A and B attached to this document shall
be governed by the terms ofthis agreement No future interties shall be permissible
without a subsequent and separate written agreement between the Parties which
agreement may supplement this agreement Neither Party shall be obligated to agree to
or execute any such agreement or permit the other Party to construct additional
connections
2 PURPOSE The intertie described in exhibits A and B attached to this document shall be
utilized only in emergency situations unless converted by mutual Agreement to a regular
wholesale service Tacoma will first determine that surplus production capacity is
available before providing water for an emergency situation
3 CAPITAL COSTS The cost of construction of the proposed intertie to include all
facilities and equipment necessary to deliver water installation ofthe meter and vault and
connection to Tacoma Waters Pipeline 5STA 76505 at B Street NW shall be the
responsibility ofAuburn As used in this paragraph cost of construction shall include
but not be limited to all actual costs of labor materials permitting equipment
engineering legal publication SEPA compliance and any costs customarily incurred in
such projects The meter andaault will be designed constructed and owned by Tacoma
Auburn has deposited 6170000 with Tacoma to cover the esfiimated costs If Tacoma
determines that the uutial deposit is not sufficient to pay for all costs ofconstruction
Aubum shall deposit such additional amounts with Tacoma as Tacoma requires to
complete design and construction of tfie project If the cost ofcoristruction is less than
the deposit Tacoma shall refund the remaining balance
4 MAINTENANCE COSTS Bach utility shall be responsible for operating and
maintaining their facilities including isolation and flow control valves as applicable see
Exhibit A Vau1t and meter maintenance costs shall be the responsibility of Tacoma
Exhibit A
Resolution No 4648
October 12 2010
Page 2 of4
Should Tacoma ever need Auburn to relocate their infiastructure to accommodate a
Tacoma Water project Auburn will do so at their own cost
5 OPERATING PROTOCOL The Party requesting water shall submit a written request to
the supplying Party and the supplying Party must give written permission prior to the
transference ofany water to the requesting Party Should a situation arise necessitating
the supply ofwater immediately a verbal request sha11 initially be sufficient followed by a
written request Verbal authorization however must be obtained from the supplying
Party before obtaining any water Each Party shall designate in writing a person or
persans who have authority to evaluate such a verbal request and determine whether such
a request should be granted
6 NOTICE All notices requests demands and other comniuxucations hereunder shall be in
writing and sha11 be deemed given if personally delivered or mailed certified mail return
receipt requested or sent by overnight carrier to the following addresses
If to Tacoma If to Citv of Auburn
Ms Linda MCrea Mr Dan Repp
Water Superintendent Utilities Engineer
PO Box 11007 1 East Main Street
Tacoma WA 98411 Auburn WA 98001
Phone 253 5028245 Phone 253 8045062
Fax 253 5028694 Fax 253 9313053
7 COMMODITY COST Tacoma will supply Auburn with water at the wholesale water
service rate as identified in TMG Section 1210400 City of Tacoma Water Rates and
Regulations Invoices will include a monthly ready to serve chazge based on meter size
and eonsumption charges based on water used Consumption charges will be at the
constant use rate for the first30 days ofuse If use exceeds 30 days the Superintendent
will have the discretion to reclassify the consumption charge to the summer season
peaking rate These water rates aze periodically adjusted and shall be applicable as set
forth in the rate schedule as adopted by the Public Utility Boazd and Tacoma City
Council
8 CONVERSION OF SERVICE Establishment of an emergency intertie and providing
emergency water shall not be considered a commitment of water availability for future
retail or wholesale service Conversion ofan emergency intertie to retail or wholesale
service will require an assessment of water availability a decision to serve by the
appropriate body payment of a system developmeat charge and a commitment to
comply with applicable rate and service policies
9 INDEMNITY Neither Party sha11 be liable for failureto deliver water to the other Party
at any time If water is pmvided it shall be provided only from surplus production andor
storage capacity of the supplying utility as determined at tfie time of intertie operation
Each Party understands and aclnowledges that the other Pariy makes no wamanties or
Exhibit A
Resolution No 4648
October 12 2010
Page 3 of 4
assurances as to water availability pressure or volume at any given time relating to the
intertie
lA TERMINATION OF SERVICE Termination ofthis intertie agreement by either Party
shall be preceded by not less than one 12 calendar months written notice to the other
Party
Dated this day of PCTDYJeiy 2010
CITY OF TACOMA CITY OF AUBURN
By By
Linda McCrea Water Superintendent Mayor
Approved as to form and legality Approyed as o d legality
By y
Chief Assistan City Attomey Attorney
Exhibit A
Resolution No 4648
October 12 2010
Page 4 of4
EXHIBIT A
EMERGENCY INTERTIE CONNEClION SPECIFICATIONS
a
0 TiCCMA WE
OON7NOL
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R
ROMt CONVOI AWC
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SiTE PLAN
Intertls LorAtior Cannectlon Meter Elevation OperaMg Pressure Flow Copacity
ft Pei 9Pm
Ute e a c Au
Tacoma Water Plpeline 5
srn 76505 12 s aazi 4524 309 80 22e0At8StNW
Auburn WA
EXHIBIT B
GENERAL LOCATION MAP
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RESOLUTION NO 4 6 6 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN WASHINGTON AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERIM WATER SALES AGREEMENT BETWEEN
THE CITY OF AUBURN AND KING COUNTY
WATER DISTRICT NO 111
WHEREAS the City adopted Resolution No 2721 executing an Interlocal
Agceement No 2 for the Lea Hill Intertie Projectbetween the Covington Water
District King County Water District No 111 and the City of Auburn and
WHEREAS to avoid unpredictable wafer sales and to create a
predictable and reliable cost for wholesale water to be sold by the City to the
Covington and King County Water District on June 17 2002 the City adopted
Resolution No 3482 which authorized the execution of an Interim Water Sales
Agreemenf between the parties and
WHEREAS on February 22 2005 the prior Interim Water Sales
Agreement was superseded and replaced with a new agreement per Resolution
No 3817 and
WHEREAS Covington has opted out of the original agreement and
WHEREAS The City and the King County Water District No 111 wish to
continue their prior amangement
WHEREAS in keeping with the original intent of the parties to create a
predictable and reliable cost for wholesale water it is appropriate for the City to
Resolution No 4660
December 1 2010
Page 1 of 3
enter into a new Interim Wafer Sales Agreement with King County Water
District No 111 which would supersede and replace the prior agreement
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
KING COUNTY WASHINGTON HEREBY RESOLVES as follows
Section 1 The Mayor of the City of Aubum and the Auburn City Clerk
arehereby authorized to execufe an Interim Water Sales Agreement between
the City of Aubum and King County Water District No 111 in substantial
conformity with the Agreement attached hereto marked as Exhibit A and
incorporated herein by this reference
Section 2 The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
tliis legislation
Section 3 This resolution shall be in full force and effect upon
passage and signatures hereon
Dated and Signed this day of 4 2010
CITY O U
P TER B LEWIS MAYOR
Resolution No 4660
December 1 2010
Page 2 of 3
ATTEST
Danielle E Daskam City Clerk
APP V D ASTO FORM
D iel B Heitl ttorn
J
Resolution No 4660
December 1 2010
Page 3 of3
I
IYVTERIM WATER SALES AGREEMENT
between
KING COUNTY WATER DISTRICT NO 111
and the
CITY of AUBURN
This AgreementAgreement is made and entered intothis day of
December 2010 by and between King County Water District No 111 a Municipal
Corporation Districtn and the City of Aubum a Municipal Corporation Auburn
individually a Party and collectively the Parties
Recitals
A The Parties are also parties to Interlocal Agreement 2 for the Lea
Hill Intertie Project between King County Water District 111 and
the City of Auburn IA2
B The Parties desire to avoid unpredictable water sales and create a
predictable and reliable cost for wholesale water to be sold by
Auburn to the District
C By guaranteeing a minimum purchase of water for a given period of
time the cost of water which to a significant extent is based on
peaking factors cah be minimized for all of Auburnscustomers
D This Agreement is intended to establish a rate for a fixed block of
water for the mutual benefit of the Parties
Resolution No 4660
Exhibit A
Decernber 6 2010
Page 1 of 8
E It is in the intecest of the Distct to have a predictable supply of
water available and inAuburns interest to have a predictable and
consistent source of revenue from the sale of such water
F The Parties are authorized to enter into this Agreement under the
authority of their respective enabling legislation and under the
authority of Chapter 3934 RCW the Interlocal Cooperation Act
G The Parties intend that the take or pay water provided for in this
Agreement is a portion of and not in addition to the 25 MGD
allocated to the District as addressed in IA2
Now therefore in consideration of the mutual covenants and promises
contained herein and for other good and valuable consideration the
adequacy of which is hereby aeknowledged the Parties hereby agree as
follows
1 TAKE OR PAY Tfie District agrees to purchase a minimum block
of water as identified in this Agreement from Auburn on atake or
pay basis For purposes of this Agreement aBlock shall mean
either an average of 075 MGD of water between the time period of
October 1 and May 31 or an average of 10 MGD of water
between the time period of June 1 and September 30 Take or
pay shall mean thaf in the absence of an emergency as set forth
in Section 7 of this Agreement the District shall pay for the Block of
Resolution No 4660
Exhibit A
December 6 2010
Page 2 of 8
It
water whether or not the water is actually taken by the District
subject to the provisions of Section 2 herein
2 CHARGES FOR WATER On a monthly basis the District will pay as
shown on Exhibit 1 attached hereto and incorporated herein by this
reference the Base Charge plus the Block Rate In addition to the
Base Charge and the Block Rate any water taken in excess of the
Block amount Excess Water during any month shall be billed at the
appropriate overage rate shown in Exhibit 1provided that 1 any
wateraken during an emergencyas defined in Paragraph 7 shall be
billed at the Block Rate and 2 ifAuburn is unable to deliver up to the
Block quantity of water requested by the District then Auburn shall
only bill the District for the amount of water actually delivered at the
Block Rate Auburn shall send a monthly bill to WD 111 for all water
purchased by the District
QUANTITY AVAILABLE DELIVERED The Block quantity shall be
calculated as the amount of water tot be delivered at an average rate of
either 075 MGD or 10 MGD depending on the season measured
over a rolling 3 day period with total quantities delivered within any
single day being within 10 plusorminus of the Block quantity in
effect at thetimeas measured at the Auburn Intertie Pump Station
meter Master Mefer For the Block quantity the District will be
Resolution No 4660
Exhibifi A
December 6 2010
Page 3 of 8
served on the same basis and with the same reliabilify as service is
provided to Auburns retail customers and any curtailment restrictions
or limitations on delivery shall be on same basis as curtailment
restrictions or limitations on delivery to Auburns retail customers
4 ANNUALRECONCILIATION The Master Meter is located at the
Lea Hill lntertie Pump Station to measure the flow of water The
Master Meter will be read in January of each year to adjust for
differences between the Master Meter and the water calculated to
have been sold under this Agreement If there is a difference befinreen
the Master Meter and the calculated quantities Auburn will either
charge or credit the Districts account at the Block Rate
5 ANNUAL REVIEW AND ADJUSTMENT The initial Block of either
075 MGD or 10 MGD depending on the season shall remain in
effect through December 31 2015 Each year fhe Block may be
adjusted by mutual agreement By September 1 of each year the
District shall notify Auburn of its intent to confinue without change or
request an increase or decrease in writing of the Blockquantity
desired Aubum will review its ability to approve the change and may
approve any requested change in the Block quantity up to but not to
exceed 15 MGD which would become effective January 1 of the year
following the request If Auburn determines it cannot approve the
Resolution No 4660
Exhibit A
December 6 2010
Page 4 of 8
h
request it will communicate this information to the District before
October 1 and continue to provide the same amount as during the
current year In the event that neitherParty communicates its intent to
adjust the Block under this provision the Block shall be deemed to
continue unchanged
TERM This Agreement shall remain infull force andeffectfrom the
first day of the month following the execution of this Agreement
through Decem6er 31 2015 The Agreement shall automatically be
renewed for an additional yearafthe conclusion of the term of this
Agreement or any extension thereof unless either Party provides the
other witli notice of an intent not to extend this Agreement which
notice shall be ceceived by the other Partynot less than one year prior
to the expiration of the term of this Agreernent or any extension
thereof The termination of this Agreement shall not affect any rights
or obligations under IA2
7Z EMERGENCIES For purposes of this Agreement an emergency
shall be defined as a need for water resulting fromawater shorfage a
major water line break fire demand contamination to the watec supply
system mechanical equipment failure electrical equipment failure or
Puget Sound Energy facility failure or any other mutually agreed upon
event within the water supply system An emergeney period shall be
Resolution No 4660
Exhibit A
December 6 2010
Page 5 of 8
v
for no more than five 5 working dayswithout written request by the
District and approval by Auburn in writing to extend the emergency
period The City may change reduce or1imit the time for or
temporarily discontinue any water supplied for an emergency in excess
of the Block quantity without notice Prior to a planned interruption or
limiting of emergency senrice the City will notify the Distcict of the
internaption or limiting not less than three days prior to the service
disruption The City agrees to use best efforts and reasonable
diligence to notify theDistrict as soon after it becomes aware of the
need for emergency service disruption and further will to the extent
practical limitthe service disruption to daylight hours
8 PRIOR AGREEMENT SUPERSEDED This Agreement supersedes
and replacesthe Interim Watec Sales Agreementbefinreen Covington
Water District King CountyWater District No 111 and the City of
Auburn dated February 22 2005
In witnesswhereof the Parties have caused this Agreement to be
executed by their duly authorized representatives onthe 1v day of
2010
Resolution No 4660
Exhibit A
December 6 2010
Page 6 of 8
CI O URN
PE R B L IS
MAYOR
ATTEST
ZL24 e
Danielle E Daskam
City Clerk
AP R
4BH PR
Danie
O
City Attomey
KING COUNTY WATER DISTRICT NO 111
WILLIAM C HALL
GENERALMANAGER
ATTEST
APPROVED AS TO F RM
Dist Atto ey
Resolution No 4660
Exhibit A
December 6 2010
Page 7 of 8
n 1 ii
Interim Water Sales Aareement
Between
Kinq Countv Water District No 111
And the
Citv of Auburn
Exhibit 1
Take or Pa Monthl Rates
Year Base Charge Biock and Summer
per month Winter Overage Overage
Rate er cc er cc
2010 17500 091 Block rate
025
2011 17500 091 X CPI Block rate
025
2012 17500 2011 Rate X Block rate
CPI 025
2013 17500 2012 Rate X Block rate
CPI 025
2014 17500 2013 Rate X Block rate
CPI025
201517500 2014 Rafe X Block rate
CPI 025
CPI means the Consumer Price Index Urban for the Seattle Tacoma
Bremerton area for the month of October of the prior year divided by fhe Octqber
value of the year prior to that see example below
Example
CPI for2011 equals the October 2010 CPI value divided bythe October 2009
CPI value
Resolution No 4660
Exhibit A
December 6 2010
Page 8 of 8
RESOLUTION NO. 4 7 2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO NEGOTIATE AND
EXECUTE . A PURCHASE AGREEMENT WITH
COVINGTON WATER DISTRICT AND KING COUNTY
WATER DISTRICT #111
WHEREAS, the Covington Water District and King County Water District
111 (the Distcicts) have surplus infrastructure in the form of a water main on
132"d Ave Southeasf; and
WHEREAS, the City has a need for an additional water main on 132"d Ave
SE as part of a programmed capital project; and
WHEREAS, the Districts are willing to sell the water main to the City; and
WHEREAS, purchase of the water main will avoid various environmental
and traffic impacts and the risk associated with construction of a new main; and
WHEREAS, purchase of the water mairi will eliminate the additional
burden on finite staff resources #o design and construct a new water main.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is authorized to negotiate an Agreement with
Covington Water District and King County Water District #111, and the Mayor
and the City Clerk are authorized to execute such agreement as negotiated
within budgetary and sco,ping parameters.
Section 2. That the 'Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 4725
June 24, 2011
Page 1 of 2
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated-and Signed this day of 2011.
C OF AU
PET R B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
AP
FORM:
D O
PDanie 6. Heid, City Attorney
Resolution No. 4725
June 24, 2011
Page 2 of 2
V
PIPELINE TRANSFER ANDACQUISITION AGREEMENT
This Agreement ("AgreemenY') is by and between the Ciry of Aubum, a
Washington municipal corporation ("Gity"), Covington Water District, a Washington
municipal corporation ("CWD"); and King County Water District No. 111, a Washington
municipal corporation ("WD 111") (CWD and WD'111, collectively fhe '`Districts") (the
Districts and City, collectively the "Parties") for the purposes set forth below.
RECITALS
A. The City owns and operates a system of water supply within its corporate
and waterservice area boundaries, and the Districts own and operate systems of water
suppiy within their respective corporafe and water service area boundaries.
B. The Parties previously entered into agreements providing for the
construction of certain facilities to provide for the conveyance and sale by ttie City of
wholesale water supply to the Districts. Spec cally, the Parties entered into an
agreement entitled"Interlocal Agreement No. 1" dated November 7, 1995 ("IA1") which
provided for the construction of certain facilities to provide for the conveyance of
who,lesale water supply by the City to the Districts, the obligations to pay for such
facilities, and the allocation of capacity rights among the Parties to such facilities;
pursuant to IA1,a 16-inch watecline, among other facilities, was installed from SE 298th
Street to SE 288th Street in 132nd Avenue SE and the Districts own such waterline and .
95% of the capacity of such waterline in 132nd Avenue SE.
C. The Parties also entgred into an agreement entitled "Interlocal Agreement
No. 2" dated October 2, 1996 ("IA2") which also provided for the construction of certain
additionaL facilities to proVide foe the conveyance of wholesale water supply by 4he City
to 4he Districts, the obligations to pay for such facilities, and the allocation of capacity "
rights :among the Parties to such facilities; and IA1 .was terininated and superseded
upon the completion of the construction of the water facilities described in IA2.
D. The City has been providing water supply to the Districts in accordance
with the terms and conditions of IA2 through the water facilities consVucted pursuant to
IA1 and IA2. However, the Gity has proposed to the Districts that the Ciry purchase a.
portion of the 16-inch waterline in 132nd Avenue SE owned by the Districts located
between SE 299th Street north to the Regional Water Supply System pipeline managed
by the City of Tacoma as depicteci on Exhibit A attached hereto and incorporated
herein by this reference (the "Pipeline").
E. The Districts have agreed to transfer ownership of the Pipeline and its
capaci;y to the City, and the Citq has agreed to accept ownership ofthe Pipeline and its
capacity according to the terms and conditions of this Ag eement.
F. After title to the Pipeline is transferred to the City, the City shall have the
responsibility to operate, maintain, repair and replace the Pipeline.
419?50.2 OJ936I 00077/1520II 1-
w
AGREEMENT
NOW, THEREFORE, in consideration. of the foliowing terms and conditions, the
Parties agree as follows:
1. Citv Acauisition of 'Pipeline. The City shall acquire, from the Districts
exclusive title to the Pip"eline, along witfi all appurtenances associated with the Pipeline
as provided in this Agreement: The Pipeline consists of that portion of the 16-inch
wateriine in 132nd Avenue SE between SE 299th Street north to the Regional Water
Suppiy System pipeline managed by the City of Tacoma ofapproximately one thousand
two hundred thirty (1,230) Iineal feet bonsisting of uVater pipeline, valves, fittings, and
appurtenances as depicted on Exhibit A.
2. Transfer of Pioeline and Caaacitv. Distticts shall convey the Ripeline and
the Pipeline's capacity to the City as follows:
A. . Districts shall transfer the Pipeline and its capacity to the
City in consideration of the City's payment in the amount of Two Hundred
Fifteen Thousand Two Hundred Fifty Dollars ($215,250.00) together with
sales tax at the rate of 9.5% thereon to each District ($20,448.75).
B. In consideration of the Districts' transfer of the Pipeline and its
capacity to the City, the City shall accept ownership ofthe Pipeline and operate,
maintain, repair and replace the Pipeline and fhe City will continue to deliver
water through the Pipeline to WD 111 in accordance with IA2 and any other
agreements the Parties have or may have. The City shall provide WD 111 with
water supply pursuant to IA2 and any other agreements the Parties have or may
have. at a point of delivery as depicted on Exhitiit A such that 1ND 111 may
continue to provide necessary supply to its customersserved from the Pipeline.
3.Indemnification and Hold-Harmless. The City shall indemnify, defend and
hold harmless Districts, ita elected and appointed officers, employees and agents from
and against any and all claims, losses, damages, judgments or liability, including
attorneys' fees, arising from 'injury or death to persons or damage to property
occasioned by any act, omission: or failure of City, its elected and appointed offcers,
agents or employees in the performance of this Agreement. This shall include, but is
not limited to, any iabilities resulting from:
A. Construction of upgrades to the Pipeline undertaken by the City.
B. Leaks or b eaks in the Pipeline after the execution of this
Agreement.
C. Prior and futu e actions of City and its agents other than Districts:
J19?50.21 9361 00077/IS/?011 2-
4.Closina. The Parties shall not be obligated to close the City's acquisi4ion of
the Pipeline unless and until each Party has performed its covenants and obligations as
follows.
A. Closing shall occur on or before the -\day of
2011 at the City's offices located at 15 l,.ax a:nS: , Aubum,
Washington, or at such other time and place agreeable to the Parties.
B. At closing the Districts shall deliver to the City:
1. A Bill of Sale in the form attached hereto as Exhibit B and .
incorporated herein by this reference transferring to the City, all of the
Districts' right, title and interest in the Pipeline and its capacity and
warranting that Districts have exclusive title, to the Pipeline and its full
capacity, excepting that portion owned by the City. Other than the above
warranties, the Bill of:Sale shall indicate that the sale is an "As Is, Where
Is" sale, with no other warranties, express or implied.
2. "As,BuilY' Pipeline documents in the possession of Districts.
C. AYclosing, the City shall deliver to the Districts:
1. Funds in the amount of Four Hundred Thirty Thousand Five
Hundred Dollars ($430,500.00) in theform of payments of Two Hundred
Fifteen Thou§and Two Hundred Fifty Dollars ($215,250.00) to each
District, together with sales tax at the rate of 9.5% thereon (totaling
40,897:50 or$20,448.75 to each District).
D. When the requireinents of Sections 4(B) and 4(C) herein have been
fulfilled, this transaction shall be closed without further instruction from the
Parties.
E. To the extent that there are any taxes, special assessments or
utility service fees relating to the Pipeline or its use that are the legal obligation of
one Party but are attribtitatile in partto a time period during which that Party did
not have possession of 4he Pipeline, then the Parties will share in the obligation
to pay such taxes, assessments or fees on the basis of a proration as of Closing.
The City may record the Bill of Sale, assignments and other transfer documents
as it desires and shall pay the cost thereof:
5. Transfer of Resoonsibilitv.
A. Effective 12:01 a.m. on the day immediately following Closing; the
Districts relinquish responsibility for the Pipeline to the City, and the City
assumes responsibility for the Pipeline on that date, including the obligation to
operate, maintain, repair and replace the Pipeline.
4I9250.21 9361 0007 7/I52011 3-
B. Effectiye 12:01 a.m. on the day immediately following Closing, the
City shall assume and 6e fully esponsible for the Pipeline at the City's sole cost
and expense. The Pipeline shall 6e operated by City to provide water supply to
WD 111 and any other lawful purpose.
6. Severabilitv. The invalidiry or unenforceability of any provisions of this
Agreement shall not affect the other proJisions hereof, and tHi§ Agreement shall be
construed in all respect as if such invalid or unenforceable provisions were omitted.
7. Amendment. No change, amendment ormodification of any provisions of
the Agreement shall be valid unless;:set forth in a written amendment 4o this Agreement
signed by the Parties.
S. Authorization. By signing this Agreement, each Party certifies that it has
the authority to 6ind its respectiVe governing bodies to all of the tertns and conditions of
this Agreement.
9.Effective Date. This Agreement shall be effective upon the date of the Iast
signature below.
City f Au a Washington
muni pal o
By:
Its: 2
Deted: P 2 Zo
Attest:
City CI
8,,: Q .
Approv as
B
ubum C Attomey
419?iQ2 049361 0007 7/I S/201 I 4-'
King County Water District No. 111,a
Washingfon municipal corporation'
BY= -l
Its: -(¢¢anc.. /1'1a sG -
Dated: _ l.lu u : ol (
Approved as to form:
By: ._ -
trict A ney
Covington Water District, a
Washington municipal corporation
By:
ns: e.
Dated: flvq, ao/f
Approved as to form:
By:_ il..r nM.0
District Attomey
i19250.21 9361 0007 7/152011
11 11
12"12"
SE 288TH ST
M FCS
WD No. 111
CWD
N.T.S. 1 6°
I
I
LCI
N WI >
Q
Z
M POINT OF DELIVERY
TOWDNo. 111
i
FCS
AUBURN /TACOMA
M
WD11U
FCS
i 12"TACOMA M
o DUBERRY 12„HILL i TACOMA SSP
i
FCS
g LEGEND
M
i POINT OF DELIVERY
FCS FLOW CONTROL STATION 2^ TO WD NO. 111
WD No. 111aFLOWMETER SE 299TH ST _
T -
16 WATERLINESALE
TOAUBURNAPPROX. LEAHILL
230LF BPS
oRO J I 132ND AVENUE 16"TRANSMISSION MAIN
PIPELINE TRANSFER AND AGREEMENT ACQUISITION
m Roth Hill, LLG EXHIBIT A W terD stri t
a 1130 NE33rd PIeCe, IN Ai AWN CnECHED PPPROVED ISTRICi
o SWte 200 18—Jul. —ll, . IMM GH3Bellevue,WA 98004
Te1.425.869.&148 N " Fi E """"E onte naaaovEo
NTS 132nd Tronsmission Main. Sale.dwg
Exhibit "B"
BILL OF SALE
WATER PIPELINE
Govington Water District, a Washington municipal corporation, and King County
Water District No. 111, a Washington municipal corporation (collectivelythe "Districts"),
transfer and convey to the City of Aubum, a Washington municipal corporation ("City"),
the following described personal property:
a 16-inch waterline in 132nd Avenue SE between SE 299th Street north to
the Regional Water Supply System pipeline managed by 4he City of
Tacoma consisting 'of approximately one thousand two hundred thirty
1,230) lineal feet of water pipeline, valves, fittings, and appurtenances as
depicted on Exhibk A attached hereto and incorporated herein by this
reference (the,"Pipeline").
This transfer and conveyance is made in consideration of We City's payment of
Four Hundred Thirty Thousand Five Hundred Dollars ($430,500,00) in the form of
payments of Two Hundred Fif4een Thousand Two Hundred Fifty Dollars ($215,250.00)
to each District, together with sales 4ax at the rate of 9.5% thereon (totaling $40,897:50
or $20,448.75 4o each District); and the City's agreement to own and operate the
Pipeline as part of the City's wate supply. Districts`further transfer, convey and assign
to the City any and all warranfies related to the Pipeline;Provided, the Districts make no
representations or warranties regarding the existence orstatus of any warranties related
to the Pipeline.
Districts warrants that they: have exclusive title to the Pipeline and its full
capacity, excepEing that porfion of the capacity presently owned by the City, and that the
Pipeline was accepted :for public use as facilities of the Districts. Other than the
foregoing warranties, the transfer and conveyance of the Pipeline by the Districts to fhe
City is "As Is", Where Is" with no other warranties, express or implied.
Dated this pay of uLa , 201 L
King County Water District No. 111
By i",. '
Its: (ev.e+c. Ma ae
Dated this day of t, 2011.
Covington Water District
By
Its: ov l,da n c t
I,y
Exhi " "
12"12"
SE 288TH 3T
M FCS
WD No. 11;1
CWD
N.T.S.
I
1 6°
I
I
V Uj l0
r T
Q
Z
M POINT OF DELIVERY
TOWDNo. 111
FCS
AUBURN /TACOMA
M
WD111/
FCS
N
12"TACOMA M
DUBERRY 12„HILL
TACOMA SSP
FCS
LEGEND
M
i POINT OF DELIVERY
FCS FLOW CONTROLSTATION 2 TO WD No. 111
WD No. 111
FLOW METER SE 2JJTH ST _
T —
16 WATERLINE 3ALE
TOAUBURN'APPROX. LEAHILL _
1,230LF BPS
o R IILL 132ND AVENUE 16"TRANSMISSION MAIN
m PIPELINE TRANSFERAND AGREEMENT ACQUISITION
Roth Hill, LLC EXHIBIT A W terDistrict
111,KIN6 COUNIY
11130 NE 33rtl Place, P oTriNC oa awrv cnecKeo naaRavEO isreicrSUI[8200 g—ul —11 IMM ' GH. i Bellevue,WA 98004
P o iNC scn E Fi E NaME onrE naaao o
o Te1.425.869.9448 NTS 132nd Tronsmission Moin Sale.dwg
RESOLUTION NO. 4 9 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AGREEMENTS
BETWEEN THE CITY OF AUBURN AND CASCADE
WATER ALLIANCE FOR THE PURCHASE AND SALE OF
CREDITS RELATING TO PERMANENT AND RESERVE
WHOLESALE WATER SUPPLY CAPACITY
WHEREAS, the City of Auburn has a duty and responsibility to provide water to
its community; and
WHEREAS, in February 2010, the City of Auburn entered into the 2010 Lake
Tapps Area Water Resources Agreement that provided, among other things, for
Cascade Water Alliance (Cascade) to assist the City in meeting its projected 50-year
water supply needs; and
WHEREAS, in February 2013, Cascade informed the City of the availability of a
water supply opportunity; and
WHEREAS, the City confirmed its desire to purchase a System Development
Charge Credit from Cascade for both 4 Million Gallon per Day ("MGD") Permanent, and
6 MGD Reserve Wholesale Water Supply.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute
Agreements between the City and Cascade Water Alliance for the Purchase and Sale of
Credits Relating to Permanent and Reserve Wholesale Water Supply Capacity, which
agreements shall be in substantial conformity with the agreements attached hereto as
Exhibits A and B and incorporated herein by this reference.
Resolution No 4986
August 21, 2013
Page 1 of 2
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of s 2013.
CI AUBU
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
J0i
D. ,el . Heid, City Atromey
Resolution No 4986
August 21, 2013
Page 2 of 2
AGREEMENT FOR THE PURCHASE AND SALE OF CREDITS
RELATING TO PERMANENT WHOLESALE WATER SUPPLY CAPACITY
THIS AGREEMENT ("Agreement") is made and entered into as of this 10*_day of
5 jle bor 2013 ("Effective Date"), by and between the City of Auburn, Washington
Auburn"), and Cascade Water Alliance, ajoint municipal utilities services authority organized
under Chapter 39.106 RC W ("Cascade"). The City and Cascade are sometimes referred to
collectively as the "Parties" and individually as a "Party."
RECITALS
WHEREAS, in 2005, in order to meet Cascade's immediate and long-term water supply
needs, Cascade purchased from Tacoma a supply of water both permanently and for a finite
period of years pursuant to an "Agreement for the Sale of Wholesale Water";
WHEREAS, on February 5, 2010, Cascade and the Cities of Bonney Lake, Buckley,
Sumner and Auburn entered the 2010 Lake Tapps Area Water Resources Agreement(the"Four
Cities Agreement")that provided, among other things, for Cascade to assist the four cities in
meeting their projected 50-year water supply needs;
WHEREAS, on December 31, 2012, Cascade and Tacoma entered the Amended and
Restated Agreement for the Sale of Wholesale Water (the "Amended and Restated Agreement")
that provided, among other things, for Tacoma to make available to the four cities a water supply
to be purchased directly from Tacoma as a wholesale customer and to recognize credit for the
System Development Charges that Cascade had previously paid to Tacoma;
WHEREAS, Cascade and Tacoma sent a letter, dated February 11, 2013, to inform
Auburn of the availability of the "substitute" water supply opportunity and related time
limitations and procedures for acting on the opportunity ("Joint Letter");
WHEREAS, Auburn timely approved, signed, and delivered the Confirmation Notice,
dated May 21, 2013, to confirm Auburn's election of the substitute supply opportunity and its
desire to purchase a System Development Charge Credit from Cascade as to the 4 MGD
Wholesale Water Supply ("Confirmation Notice"); and
WHEREAS, the Joint Letter and Confirmation Notice are set forth in Exhibit A hereto
and are incorporated by reference in this Agreement;
NOW, THEREFORE, IN CONSIDERATION ofthe recitals stated above, which are
incorporated herein, and the mutual covenants and conditions herein contained, the Parties agree
as follows:
AGREEMENT
1.Definitions.
4 MGD Wholesale Water Supply" means an average annual 4 MGD wholesale water
supply from Tacoma, with a Peaking Factor of 1.33, and a maximum peak day of 5.32 MGD, all
as provided in the Amended and Restated Agreement.
Amended and Restated Agreement" means the "Amended and Restated Agreement for
the Sale of Wholesale Water" by and among Cascade and the City of Tacoma, Department of
Public Utilities, Water Division, dated December 31, 2012.
Confirmation Notice" means the document, dated May 21, 2013, in which Auburn
confirmed its election of the substitute supply opportunity in fulfillment of Cascade's obligation
in the Four Cities Agreement to assist with Auburn's projected 50-year water supply needs
attached in Exhibit A).
Four Cities Agreement" means the "2010 Lake Tapps Area Water Resources Agreement
among the Cities of Auburn, Bonney Lake, Buckley and Sumner, and Cascade Water Alliance,"
dated February 5, 2010.
MGD" means million gallons per day.
Joint Letter"means the letter, dated February 11, 2013, from Cascade and Tacoma to
Cities of Auburn, Bonney Lake, Buckley and Sumner that is attached hereto in Exhibit A.
Notice of Confirmation of System Development Charge Credit" means a notice, given
by Cascade to Tacoma at the request of Auburn, confirming the amount of the System
Development Charge Credit (if any)to be applied to the System Development Charge otherwise
due and payable by Auburn to Tacoma in connection with a wholesale water supply agreement.
System Development Charge" or"SDC" means the system development charge
imposed upon wholesale customers by Tacoma in its wholesale water regulations.
System Development Charge Credit" means a credit to be applied in a wholesale water
supply agreement against the System Development Charge otherwise due and payable by
Auburn to Tacoma. The System Development Charge Credit is expressed in million gallons per
day (MGD) units and in dollars.
Tacoma"means the City of Tacoma, Department of Public Utilities, Water Division.
Page 2 of 8
2. Term of Agreement.
This Agreement takes effect on the first date that both Parties have duly approved,
signed, and delivered the Agreement to the other Party. The term of the Agreement will
commence on the effective date and will end on December 31, 2029 or the date that Auburn has
fully paid Cascade for the price of the System Development Charge Credit consistent with
Sections 3 and 4 of this Agreement.
3.Purchase of 4 MGD System Development Charge Credit& Price.
Auburn agrees to purchase and Cascade agrees to sell a System Development Charge
Credit regarding the 4 MGD Wholesale Water Supply in the quantity of 2.5 MGD annual supply
capacity(3.32 MGD peak supply capacity).
In consideration for said System Development Charge Credit, Auburn will pay to
Cascade a total price of$7,893,300.00 as of the date that this Agreement takes effect. The
parties agree that Auburn will pay interest at an annual rate of 3.2% on the balance due
beginning in 2017 and continuing until the balance is fully paid and this Agreement terminates.
Auburn will pay the total price by making an annual payment in 2017-2029 according to
the annual payment schedule set forth in Section 4 below. This schedule incorporates interest at
a rate of 3.2% on the balance due, beginning in 2017. Under this schedule the total of annual
payments including interest is $10,105,806.00.
4. Annual Payment Schedule.
Auburn will make annual installment payments to Cascade to pay for the System
Development Charge Credit as to the 4 MGD Wholesale Water according to the following
payment schedule:
Payment Schedule
Year Amount Year Amount
2014 0 2022 934,805
2015 0 2023 934,805
2016 0 2024 934,805
2017 252,586 2025 934,805
2018 252,586 2026 934,805
2019 252,586 2027 934,805
2020 934,805 2028 934,805
Page 3 of 8
2021 934,805 2029 934,805
Total 10,105,806
Each year the annual payment shall due and payable by Auburn to Cascade on or before
June 30 of the year in which such payment is due. If full payment of any annual payment is not
received by Cascade on or before the date due, such payment shall be considered past due, and
the unpaid amount shall accrue additional interest, from the date due until the date paid, at a rate
per day equal to 0.03 percent per day. Upon not less than fifteen (15) days' advance notice to
Cascade, the City may in any given year prepay without penalty any one or more of the next
successive annual payments. Upon such notice, Cascade will provide Auburn documentation of
the amount due for such payment, and adjustments to any remaining payment schedule, net of
related interest incorporated into the above payment schedule.
5. Notice of Confirmation of System Development Charge Credit.
Within 30 days after this Agreement takes effect, Cascade will send to the Tacoma Water
Superintendent a Notice of Confirmation of System Development Charge Credit regarding the 4
MGD Wholesale Water Supply in the quantity of 2.5 MGD annual supply capacity. Cascade
will provide a copy of the Notice to Auburn when it is sent to Tacoma.
6. Wholesale Water Supply Purchase Negotiations with Tacoma.
In order to use the System Development Charge Credit and secure a wholesale water
supply from Tacoma, Auburn acknowledges that it must make an offer, complete negotiations,
and enter a wholesale water supply agreement with Tacoma consistent with the Joint Letter and
Confirmation Notice set forth in Exhibit A and with the Amended and Restated Agreement.
Auburn acknowledges and agrees that Cascade makes no representations or warranties as to the
outcome of such negotiations, the Tacoma wholesale water supply that Auburn may (or may not)
be able to purchase, or otherwise.
7.Effect on Four Cities Agreement.
The Parties agree that this Agreement constitutes full performance by Cascade of its
obligations under Section 3(a) of the Four Cities Agreement. Accordingly, Section 3(a) ofthe
Four Cities Agreement shall be of no further force or effect as between Cascade and Auburn.
Other provisions of the Four Cities Agreement are unaffected by this Agreement and remain
effective according to their terms.
8. Notices.
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
Page 4 of 8
Cascade Water Alliance: City of Auburn:
520 112'' Avenue NE, Suite 400 Attn: Dennis Dowdy
Bellevue, Washington 98004 25 W Main St
Attn: Chief Executive Officer Auburn WA 98001
Phone: (425)453-0930 Phone: (253)931-3010
Fax: (425)425-453-0953 Fax: (253)931-3053
A Party may change its address from time to time by providing notice to the other Party. All notices
and payments mailed by regular post(including first class) shall be deemed to have been given on
the second business day following the date of mailing, if properly mailed and addressed. Notices
and payments sent by certified or registered mail shall be deemed to have been given on the next
business day following the date ofmailing, ifproperly mailed and addressed. For all types of mail,
the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of
mailing.
9.Dispute Resolution.
In the event that any dispute arises between Cascade and Auburn, the aggrieved Party
shall give a notice of the dispute to the other Party. Cascade and Auburn shall, within five (5)
days of such notice, each nominate a senior officer of its management to meet at a mutually
agreed location, to attempt to resolve such dispute. The Parties shall each designate a
representative(s) to confer on the best and most cost effective way to resolve the dispute. By
mutual agreement, they may choose direct negotiations or mediation. If there is no agreement
between the Parties on how to proceed within thirty (30) days, either Party may pursue legal
action; provided, however, no Party shall be precluded from filing an appeal or action to prevent
the expiration of a time period for filing or any statute of limitations.
If a Party fails to perform its obligations hereunder, then it shall be in default hereunder
unless the defaulting Party cures an event of default, whether monetary or non-monetary, within
thirty (30) days after receiving written notice from the other Party of such default.
Subject to the procedures set forth in Section 9 (Dispute Resolution), if a Party is in
breach or default of its obligations arising under this Agreement, the other Party shall have and
shall be entitled to exercise any and all remedies available to it at law or in equity (including the
right to specifically enforce this Agreement), all of which remedies shall be cumulative.
11. Attorneys' Fees.
If any Party shall be required to bring any action to enforce any provision ofthis Agreement,
or shall be required to defend any action brought by the other Party with respect to this Agreement,
and in the further event that one Party shall substantially prevail in such action,the losing Party
shall, in addition to all other payments required therein,pay all of the prevailing Party's reasonable
costs in connection with such action, including such sums as the court or courts may adjudge
reasonable as attorney's fees in the trial court and in any appellate courts.
Page 5 of 8
12. No Assignment.
This Agreement is specific to the Parties and may not be assigned in whole or in part.
13. Non-Waiver.
No delay or failure by a Party to exercise any of its rights, powers or remedies under this
Agreement following any breach by another Party shall be construed to be a waiver of any such
breach, or any acquiescence therein, or of or in any similar breach thereafter occurring, nor shall
any waiver of any single breach be deemed a waiver ofany other breach theretofore or thereafter
occurring.
14. No Third Party Beneficiary.
This Agreement is for the sole and exclusive benefit of the Parties and is not intended to
and shall not confer any rights or benefits on any third party not a signatory hereto.
15. Integrated Agreement.
This Agreement constitutes the entire agreement between the Parties with respect to the
subject matter hereof and supersedes all prior or contemporaneous understandings or agreements
with respect thereto; provided, however, that this Agreement shall be interpreted or construed
together with the Amended and Restated Agreement, the Joint Letter, and the Confirmation
Notice. No modifications or amendments ofthis Agreement shall be valid or effective unless
evidenced by an agreement in writing signed by the Parties.
16. Signature in Counterparts.
This Agreement may be executed in counterparts and all of those counterparts taken
together shall constitute one and the same instrument.
17. Representations of the Parties.
Each Party represents and warrants that it has duly approved, executed, and delivered this
Agreement and that it has all necessary authority to enter into this Agreement and to perform its
terms and obligations. Each Party represents and warrants that the approval, execution, and
delivery have been duly authorized by the appropriate board or council, and no other act or
proceeding on the part of any Party is necessary to authorize entry into or performance of this
Agreement.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the
Effective Date.
Page 6 of 8
City of trn Cascade Water Alliance::
By: By: Chuck Clarke
Title: yr,e Title: Chief Executive Officer
Date: SEP 10 2013 Date:
ATTEST
City Clerk
APP U AS TO FORM
City Attorney
Page 7 of 8
Exhibit A
Joint Letter signed by Cascade and Tacoma, dated February 1], 2013, and the
Confirmation Notice signed by Auburn,dated May 21, 2013.1
CASCADE T ! -•
I I K r\ I I IAN ( I WATER
T110.1 10.11. .1.11TI..
February 11, 2013
The Honorable Pete Lewis The Honorable Pat Johnson
City of Auburn City of Buckley
25 West Main Street 933 Main Street
Auburn, WA 98001 Buckley, WA 98321
The Honorable Neil Johnson The Honorable Dave Enslow
City of Bonney Lake City of Sumner
19306 Bonney Lake Blvd. 1104 Maple Street
Bonney Lake, WA 98391 Sumner, WA 98390
Re: Cascade Water Alliance and Tacoma Water Substitute Wholesale Water Supply
Availability—Time is of the Essence (Sent by Email and US Main
Dear Mayors:
As you may be aware,the Cascade Water Alliance and City of Tacoma have been in ongoing
discussions about potential changes to the 2005 Water Supply Agreement. In late 2012 a new
agreement was reached and signed which benefits not only Tacoma and Cascade but also the
Four Cities of Auburn, Bonney Lake, Buckley and Sumner. This new agreement preserves the
right of the four cities under the 2009 Cascade/Four Cities Agreement and allows a new time
sensitive supply option to be jointly offered to the four cities from Cascade and Tacoma.
The Cascade Water Alliance(Cascade), in cooperation with Tacoma Water, is offering the
availability of a substitute wholesale water supply ("Substitute Supply") and to provide this
notice of a limited period of time for your Cities to take action on this unique opportunity.
Cascade and Tacoma have entered into a Restated and Amended Agreement for the Sale of
Wholesale Water,which replaces the 2005 agreement between the parties for purchase and sale
ofwholesale water. The 2005 agreement is included as one of the"water supply assistance"
measures in the 2010 Lake Tapps Area Water Resources Agreement between Cascade and your
cities(the"Four Cities Agreement").
In the Restated and Amended Agreement, Cascade has agreed to relinquish its right to take
delivery of the Substitute Supply. This water is now available to the Cities to purchase directly
from Tacoma as a wholesale customer. Cascade has,however,previously paid capacity charges
for this wholesale water supply. If your City now desires to purchase the Substitute Supply
directly from Tacoma and takes action described in this letter, Cascade is willing to sell your
City a credit (reflecting the amounts that Cascade has previously paid to Tacoma)that can be
Joint Letter to the Four Cities
February 11, 2013
Page 2
applied against System Development Charges that would otherwise be due to Tacoma ("SDC
Credit"). The amount and availability of any SDC Credit will be determined by Cascade in
accordance with the terms set forth in the Confirmation Notice that is attached to this letter. You
must act promptly, however, in order to secure the opportunity to obtain an SDC Credit from
Cascade.
This letter provides Cascade's formal notice of the limited window of time for your City to act,
the Confirmation Notice that you must return to Cascade to apply for a SDC Credit, and general
guidance as to how Cascade and Tacoma intend to cooperate to facilitate the implementation of
the Restated and Amended Agreement
Limited Time to Act
You must act within 120 days from the first meeting of Tacoma, Cascade and the Four Cities to
confirm your interest in this opportunity by delivering a signed "Confirmation Notice" to
Cascade in the form attached to this letter. This opportunity expires at the end of 120 days.
During this 120-day period, the quantity allocation among and between the Four Cities as stated
in the Four Cities letter to Cascade, dated February 5, 2010, shall be recognized by Cascade and
shall determine the maximum allocation of the Substitute Supply(and the Residual Wholesale
Water Supply) among the Cities (unless the Four Cities jointly agree to reallocation in
accordance with the Four Cities Agreement). A City has until the expiration date to deliver an
executed Confirmation Notice to Cascade. If you select this opportunity by acting within the 120
days, then you have until March 1, 2018 to purchase (or agree to purchase) an SDC Credit from
Cascade (In anticipation of the required steps with Tacoma described below, it is advisable for
your City to complete the SDC purchase agreement with Cascade in advance of March 2018 to
allow your City adequate time for the Tacoma steps.) if you select this opportunity by acting
within the 120 days, then you will also have until March 1, 2018 to submit a Wholesale Water
Agreement with Tacoma that is eligible for the SDC Credit.
if you do not confirm your selection by delivering a Confirmation Notice to Cascade by the
deadline, then you decline the Substitute Supply opportunity stated in this letter. In that event,
you will still be able to purchase wholesale water supply (if any water supply capacity remains
available) from Tacoma on terms consistent with Section 3(a) of the Four Cities Agreement
However, you will not be eligible for an SDC Credit
Next Steps with Cascade
If you deliver the Confirmation Notice within the 120-day deadline stated above and select this
Substitute Supply opportunity,then you will need to complete the following steps with Cascade:
a) Confirmation to Cascade that your City will proceed with the Substitute
Supply opportunity stated herein, and that it fully substitutes for Section
3(a) of the Four Cities Agreement which will have no further force or
effect.
b) Agree with Cascade for payment terns to Cascade for the SDC credit.
Joint Letter to the Four Cities
February 11, 2013
Page 3
c) Upon completion of the items in (a) and (b) above, Cascade will send
Notice of Confirmation of System Development Charge Credit to Tacoma.
Next Steps with 'Cacoma Water
If you deliver the Confirmation Notice to Cascade within the deadline stated above and select
this opportunity,then you would also need to complete the following steps with Tacoma in order
to submit a timely offer to purchase all or a portion of the Substitute Supply. The procedures and
requirements that must be followed to submit such an offer arc set forth in Section 6 and Section
7 of the Restated and Amended Agreement (attached for reference). It is important to read these
procedures and requirements carefully as any offer you make must be in strict compliance with
these procedures and requirements. These procedures and requirements are briefly summarized
as follows:
a) In order to obtain a SDC Credit, Tacoma must be in receipt of a Notice of
Confirmation of System Development Charge Credit from Cascade.
b) Prior to submitting your offer to purchase water from Tacoma, you must
obtain Tacoma's written review and approval ofthe Wholesale Water
Supply Agreement(including any proposed modifications thereof)
pursuant to which such offer is to be made to Tacoma.
e) Your offer to Tacoma must be submitted in the form of duplicate
executed originals of the Wholesale Water Supply Agreement, in strict
conformity with the form of the Wholesale Water Supply Agreement
approved by Tacoma.
d) No later than March 1, 2018, you must deliver your offer to Tacoma,
Attention: Water Superintendent, Tacoma Water, 3628 South 35th Street,
Tacoma, WA 98409, and obtain Tacoma's acknowledgment of the time
and date of Tacoma's receipt of such offer.
Clarifications
While we are pleased to present this opportunity to your City, we want to avoid any confusion as
to what this opportunity is and is not. For avoidance of doubt, this letter does not constitute a
modification or waiver of any of the procedures or requirements set forth in the Restated and
Amended Agreement. This letter does not constitute an offer by Tacoma to sell a wholesale
water supply to any person or entity. Any such sale by Tacoma is subject to and contingent upon
the negotiation, execution and delivery of a mutually acceptable Wholesale Water Supply
Agreement.
Conclusion
Cascade and Tacoma are pleased to provide the availability of Substitute Supply, and look
forward to receiving your offer to purchase, should you desire to do so, in accordance with the
Joint Letter to the Four Cities
February 11, 2013
Page 4
guidelines set forth above We will be contacting your office within the next week to schedule a
meeting to present and discuss this opportunity
Sincerely,
Chuck Clarke Linda A. McCrea
Chief Executive Officer Superintendent
Cascade Water Alliance Tacoma Water
Joint Letter to the Four Cates
February 11, 2013
Page 5
Confirmation Notice
To Be Delivered to Cascade Water Alliance 120 days From the First Meeting of Tacoma,
Cascade and The Four Cities
The City of City") confirms receipt of the letter, dated from
Cascade Water Alliance ("Cascade") and Tacoma Water presenting the availability of a
substitute wholesale water supply ("Substitute Supply"). The City understands that the
Substitute Supply is an alternative to the provisions of Section 3(a) of the 2010 Lake Tapps Area
Water Resources Agreement between Cascade and the Cities of Auburn, Bonney Lake, Buckley,
and Sumner(the "Four Cities Agreement'). The City understands that the Substitute Supply
requires the City to enter a wholesale water supply agreement with Tacoma Water to be
negotiated and offered to Tacoma Water by March 1, 2018 as described in the above-referenced
letter. The City understands that Cascade Water Alliance is offering to sell a System
Development Charge Credit to the City on the terms and conditions stated on Exhibit 1 attached
hereto, provided that by March 1, 2018 Cascade and the City need to enter an agreement to
confirm the purchase and sale and Cascade's provision of a Notice of Confirmation of System
Development Charge ("SDC") Credit to Tacoma Water.
Now, therefore, the City of hereby confirms and agrees as follows:
a) The City the elects the "Substitute Supply" opportunity described herein as an alternative
that fully substitutes for section 3(a) of the Four Cities Agreement.
b) The City provides this Confirmation Notice with respect to the following portion of the
Substitute Supply:
4 MGD wholesale supply:
6 MGD wholesale supply.
c) By selecting the"Substitute Supply" alternative, the City agrees that Cascade has fully
performed and satisfied all obligations to the City under 3(a) of the Four Cities agreement.
d) The City agrees that section 3(a) of the Four Cities Agreement shall be of no further force
or effect as between Cascade and the City.
e) The City and Cascade shall proceed with diligence to negotiate an agreement for purchase
ofan SDC Credit consistent with the terns outlined in Exhibit 1.
CONFIRMED,ACCEPTED AND AGREED TO BY THE CITY OF on
this day of 2013
By
Name]
Mayor
CI I Y OF
ADBURN Peter B Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 www auburnwa gov * 253-931-3000
May 21, 2013
Cascade Water Alliance
Attn: Chuck Clarke, Chief Executive Officer-
520 1 12ih Avenue NE, Suite 400
Bellevue, Washington 98004
Re: Confirmation Notice— City of Auburn's Response to Cascade's Offer of Substitute
Supoly
Dear Mr. Clarke,
On May 6'h, 2013 the Auburn City Council approved Resolution 4951 authorizing the City of
Auburn to begin negotiations with Cascade Water Alliance in response to your February 11,
2013 offer.
Enclosed please find a signed original of the C sty's confirmation notice
our Public Works Director will be in touch with _ ou soon to begin discussion of the city's
desires to make use. of the Substitute Supply.
Suicom y,
Pete Lewis
Mayor
Fnclosures
cc- Dennis Dowdy, Director of Public Works
Received
MAY 2 3 201
AUBURN MORE THAN YOU IMAGINED
Confirmation Notice
To Be Delivered to Cascade Water Alliance 120 days From the First Meeting of
Tacoma, Cascade and The Four Cities
The City of Auburn ("City") confirms receipt of the letter, dated February 11, 2013, from
Cascade Water Alliance ("Cascade") and Tacoma Water presenting the availability of a
substitute wholesale water supply ("Substitute Supply") The City understands that the
Substitute Supply is an alternative to the provisions of Section 3(a) of the 2010 Lake Tapps Area
Water Resources Agreement between Cascade and the Cities of Auburn, Bonney Lake,
Buckley, and Sumner(the "Four Cities Agreement") The City understands that the Substitute
Supply requires the City to enter a wholesale water supply agreement with Tacoma Water to be
negotiated and offered to Tacoma Water by March 1, 2018 as described in the above-referenced
letter. The City understands that Cascade Water Alliance is offering to sell a System
Development Charge Credit to the City on the terms and conditions stated on Exhibit 1 attached
hereto, provided that by March 1, 2018 Cascade and the City need to enter an agreement to
confirm the purchase and sale and Cascade's provision of a Notice of Confirmation ofSystem
Development Charge ("SDC") Credit to Tacoma Water.
Now, there fore, the City ofAuburn hereby confirms and agrees as follows:
a) The City the elects the "Substitute Supply" opportunity described herein as an
alternative that fully substitutes for section 3(a) of the Four Cities Agreement provided
that the City can negotiate acceptable terms with Cascade to provide and finance the
necessary water supply SDC credits.
b) The City provides this Confirmation Notice with respect to the following portion of the
Substitute Supply.
4 MGD wholesale supply- 4 MGD
6 MGD wholesale supply: Possible option of 3 MGD
c) By selecting the "Substitute Supply" alternative, the City agrees that upon execution of a
new Substitute Supply agreement with Cascade to provide SDC Credits for 4 MGD of
supply, Cascade will have fully performed and satisfied all obligations to the City under
3(a) of the Four Cities agreement.
d) The City agrees that section 3(a) ofthe Four Cities Agreement shall be of no further
force or effect as between Cascade and the City when a new substitute supply agreement
with Cascade is executed.
e) The City and Cascade shall proceed with diligence to negotiate an agreement for
purchase of an SDC Credit consistent with the terms outlined in Exhibit 1 (Attached).
CONFIRMED, ACCEPTED AND AGREED TO BY THE CITY OF AUBURN on this
21" day of May, 2013:
By F,-
Pete Lewis, ayor
Exhibit I
TERMS FOR 4 CITIES SUBSTITUTE SUPPLY OFFER
I.This offer is structured to fulfill Cascade's obligations to make available Tacoma water as
described in the existing "4 Cities Agreement ". Availability of the terms of this offer is
contingent upon written acceptance of the substitution of this supply offer for the
commitment defined in Section 3.a of that 4 Cities Agreement specifically:
a. Paragraph 3A, providing options for purchase of Cascade's contracted Tacoma supply
capacity, is replaced by the substitute capacity offer defined in this proposal.
b. Paragraph 3A is confirmed in writing to be fully satisfied by acceptance of this substitute
capacity offer.
c. Upon expiration of the substitute capacity offer on December 31, 2017, all Cascade
obligations to make Tacoma water available are deemed fulfilled and terminated.
d The substitute capacity offer must be accepted and executed no later than 120 days from
the first meeting of Tacoma, Cascade and the Four Cities and the offer is withdrawn after
expiration date. [Actual commitment to purchase water under those terms, once
accepted, can occur anytime through 2017 as further delineated in section Il.c below
II. Substitute Capacity Offer
a. The following capacity is made available:
i 9 3 mgd of average supply and a peak supply of 11.3 mgd. [This is the remaining
available capacity of Cascade's purchases from Tacoma.]
ii Cascade offers all capacity as firm and permanent. Cascade will be responsible
for any transactions needed to convert reserve capacity to permanent capacity.
iii All capacity will be offered as year-round capacity with the following structure:
for each 1 mgd of year-round capacity, a peak season ratio of up to 1.33 will be
available for purchase The peak annual ratio of 1.33.1.0 is based on the Tacoma
capacity owned by Cascade, which originally totaled 10 mgd annual average and
13.3 mgd peak season. Cities may elect peak ratios ranging from 1.0 to 1.33,
subject to total capacity limits defined in the attached table.
iv. Tacoma will provide wholesale service contingent on execution of a wholesale
supply agreement defining terms for service and related charges. A sample
agreement form is provided
b. The following price and financial terms are offered:
I. Capacity will be offered at a price of 75%of the SDC($3.17 per gallon r 75%_
2 3775 per gallon) originally paid by Cascade. This charge will apply to annual
capacity and to incremental peak season capacity
1. For example, for a purchase of 1 mgd annual/ 1.3 mgd peak season, the
cost will be 1 mgd ' $2 3775 million +0 3 mgd * $2 3775 million =
3,090,750. A purchase of 1 mgd annual with no peak season increment
would cost$2,377,500.
n. Payments for capacity purchase will be to Cascade, when the purchase involves
conversion of reserve capacity,Cascade may opt to direct all or part of the
payment to Tacoma.
ni For each purchase, the following financing terms are available
1. Full payment of purchase price upon execution of purchase;or
2. Payment of 20%of purchase price upon execution; remainder financed
on a note over 5 years at 3 3% interest with level annual payments due
upon each anniversary date. Purchaser would be free to pay off note at
any time.
iv. Wholesale rates for service and delivery are as defined by agreement with
Tacoma (see also below).
c. The following schedule applies to the substitute offer.
i. The substitute capacity offer must be accepted and executed no later than 120
days after the first meeting of Tacoma, Cascade and the Four Cities and the offer
is withdrawn after expiration date. If not accepted during this period,then the
existing terms of paragraph 3.a would remain in effect.
ii. During the period from execution of this substitute offer until December 31,
2015, each City may elect to purchase its related share of capacity at any time.
Shares of capacity can also be re-assigned upon notice provided to Cascade by
both parties of such intent.
m. Beginning January 1, 2016 and extending through December 31, 2017, any City
may offer to purchase any or all capacity remaining available on a first come,first
serve basis. Cascade will notify the Cities of available capacity early in 2016.
iv. After December 31, 2017, no substitute supply capacity will be available.
v. Participants in this substitute capacity offer are free to transfer rights to purchase
to other participants, but only to other participants, provided that Cascade
receives clear and binding direction to this effect from both parties
III Special Situation Bonney Lake previously acquired 2 mgd of peak season (June-September)
capacity, with no right of service in the off-peak period This is equivalent in quantity to 2.0
mgd peak and 0.7 mgd average annual. This leaves related off-peak capacity with no
corresponding right of service in the peak period.
1 Bonney Lake is offered revision of this capacity right to 2 mgd peak
together with 150 mgd annual capacity.
2 This offer to revise the capacity structure is made available for 90 days
after the effective date of Bonney Lake's acceptance of the substitute
capacity offer.
3 Purchase Price for this revision is the extension of existing payments by
one year(to include 2019),a net cost addition of$391,222.
4 If Bonney Lake does not approve this extension prior to the expiration
date, then other parties are free to acquire the related off-peak capacity
as a part of a year-round capacity purchase at an incremental price of
391,222.
IV. Integration of Cascade and Tacoma obligations under this substitute capacity offer:
a. As defined in the revised agreement between Cascade and Tacoma, it is the intent of
Cascade and Tacoma that any purchases under this offer are subject to execution of an
agreement for wholesale service with Tacoma Cascade would have no ongoing role in
delivering wholesale water after execution of such agreement with Tacoma
b Tacoma will commit to supply water purchased under this agreement, subject to
execution of a wholesale water agreement acceptable to Tacoma and generally defined in
a draft wholesale agreement.
i. Tacoma will work with the purchaser to establish a mutually acceptable delivery
point or points,to be defined in the wholesale water agreement
u No SDCs will be due to Tacoma for water capacity purchased under this
agreement.
iii. The purchaser will be subject to Tacoma wholesale rates.
Substitute Offer of Available Tacoma Supply Capacity
Total Auburn Bonney Lake Buckley Sumner
Capacity 9.2 mgd 7.0 mgd 1.5 mgd 0.7 mgd 0.0 mgd
Availability average/ average/ 10 0 average/2.0 average/1.33 average/0 0
Previously 13.33 mgd mgd peak mgd peak mgd peak mgd peak
Requested by peak
the 4 Cities
Additional 0.8 mgd 0.5 mgd 0.0 mgd 0.3 mgd 0 0 mgd
Capacity in average/average/0 0 average/0 0 average/0.0 average/0.0
Substitute Offer 0 00 mgd mgd peak mgd peak mgd peak. mgd peak
peak
Previous OJ mgd
Purchases average/2.0
mgd peak
2.0 mgd peak
season with no
off-peak supply
requires an
annual average
of 0.7 mgd to
be delivered]
Remaining 10.0 mgd 7.5 mgd 0.8 mgd 1.0 mgd 0.0 mgd
Available average / average/10.0 average 10.0 average/1.33 average 0.0
capacity for 13.33 mgd mgd peak mgd peak mgd peak mgd peak
Purchase peak
AGREEMENT FOR THE PURCHASE AND SALE OF CREDITS
RELATING TO FINITE WHOLESALE WATER SUPPLY CAPACITY
THIS AGREEMENT("Agreement") is made and entered into as of this
161-`'day of
5<fkw be r 2013 ('Effective Date"), by and between the City of Auburn, Washington
Auburn"), and Cascade Water Alliance, a joint municipal utilities services authority organized
under Chapter 39.106 RCW("Cascade"). The City and Cascade are sometimes referred to
collectively as the "Parties" and individually as a "Party."
RECITALS
WHEREAS, in 2005, in order to meet Cascade's immediate and long-term water supply
needs, Cascade purchased from Tacoma a supply of water both permanently and for a finite
period of years pursuant to an "Agreement for the Sale of Wholesale Water";
WHEREAS, on February 5, 2010, Cascade and the Cities of Bonney Lake, Buckley,
Sumner and Auburn entered the 2010 Lake Tapps Area Water Resources Agreement (the "Four
Cities Agreement")that provided, among other things, for Cascade to assist the four cities in
meeting their projected 50-year water supply needs;
WHEREAS, on December 31, 2012, Cascade and Tacoma entered the Amended and
Restated Agreement for the Sale of Wholesale Water(the "Amended and Restated Agreement")
that provided, among other things, for Tacoma to make available to the four cities a water supply
to be purchased directly from Tacoma as a wholesale customer and to recognize credit for the
System Development Charges that Cascade had previously paid to Tacoma;
WHEREAS, Cascade and Tacoma sent a letter, dated February 11, 2013,to inform
Auburn of the availability of the "substitute" water supply opportunity and related time
limitations and procedures for acting on the opportunity ("Joint Letter");
WHEREAS, Auburn timely approved, signed, and delivered the Confirmation Notice,
dated May 21, 2013, to confirm Auburn's election of the substitute supply opportunity and its
desire to purchase a System Development Charge Credit from Cascade as to the 6 MGD
Wholesale Water Supply ("Confirmation Notice");
WHEREAS, Cascade paid a capacity reservation fee to Tacoma that covers a portion of
the System Development Charge for 6 MGD Wholesale Water Supply and Auburn will owe
Tacoma the remaining balance of any System Development Charges for Auburn's desired
quantity, net of the credit purchased from Cascade under this Agreement;
WHEREAS, the Joint Letter and Confirmation Notice are set forth in Exhibit A hereto
and are incorporated by reference in this Agreement; and
WHEREAS, the Parties have addressed the purchase of credits for the permanent, or 4
MGD Wholesale Water Supply, in a separate agreement, and the Parties set forth their agreement
for purchase of credits for the 6 MGD Wholesale Water Supply in this Agreement.
NOW, THEREFORE, IN CONSIDERATION of the recitals stated above, which are
incorporated herein, and the mutual covenants and conditions herein contained, the Parties agree
as follows:
AGREEMENT
1.Definitions.
6 MGD Wholesale Water Supply"means an average annual of 6 MGD wholesale water
supply from Tacoma, with a Peaking Factor of 1.33, and a maximum peak day of 7.98 MGD, all
as provided in the Amended and Restated Agreement. The 6 MGD Wholesale Water Supply is
the Tacoma supply of water for a finite period of years.
Amended and Restated Agreement"means the "Amended and Restated Agreement for
the Sale of Wholesale Water" by and among Cascade and the City of Tacoma, Department of
Public Utilities, Water Division, dated December 31, 2012.
Confirmation Notice"means the document, dated May 21, 2013, in which Auburn
confirmed its election of the substitute supply opportunity in fulfillment of Cascade's obligation
in the Four Cities Agreement to assist with Auburn's projected 50-year water supply needs
attached in Exhibit A).
Four Cities Agreement" means the "2010 Lake Tapps Area Water Resources Agreement
among the Cities of Auburn, Bonney Lake, Buckley and Sumner, and Cascade Water Alliance,"
dated February 5, 2010.
MGD" means million gallons per day.
Joint Letter" means the letter, dated February 11, 2013, from Cascade and Tacoma to
Cities of Auburn, Bonney Lake, Buckley and Sumner that is attached hereto in Exhibit A.
Notice of Confirmation of System Development Charge Credit" means a notice, given
by Cascade to Tacoma at the request of Auburn , confirming the amount of the System
Development Charge Credit(if any) to be applied to the System Development Charge otherwise
due and payable by Auburn to Tacoma in connection with a wholesale water supply agreement.
System Development Charge" or"SDC" means the system development charge
imposed upon wholesale customers by Tacoma in its wholesale water regulations.
System Development Charge Credit" means a credit to be applied in a wholesale water
supply agreement against the System Development Charge otherwise due and payable by
Auburn to Tacoma. The System Development Charge Credit is expressed in million gallons per
day (MGD) units and in dollars.
Tacoma" means the City of Tacoma, Department of Public Utilities, Water Division.
Page 2 of I 1
2. Term of Agreement.
This Agreement takes effect on the first date that both Parties have duly approved,
signed, and delivered the Agreement to the other Party. The term of the Agreement will
commence on the effective date and will end on December 31, 2029 or the date that Auburn has
fully paid Cascade for the price of the System Development Charge Credit consistent with
Sections 3 and 4 of this Agreement. In the event that Auburn elects not to confirm a quantity
consistent with the terms of this Agreement or by notice selects a quantity of zero (0.000 MGD),
then this Agreement will terminate.
3. Purchase of 6 MGD System Development Charge Credit& Price.
Subject to Section 5 of this Agreement, Auburn agrees to purchase and Cascade agrees to
sell a System Development Charge Credit regarding the 6 MGD Wholesale Water Supply in a
maximum quantity of up to 2.763 MGD annual supply capacity (3.68 MGD peak supply
capacity). Auburn shall confirm the specific quantity of the 6 MGD Wholesale Water Supply it
will purchase in accordance with the procedure set forth in Section 5 below.
Until Auburn confirms its System Development Charge Credit with Cascade consistent
with Section 5 and enters a wholesale water supply agreement with Tacoma as set forth in the
Joint Letter, Auburn will not have access to the 6 MGD Wholesale Water Supply. After Auburn
has confirmed its System Development Charge Credit with Cascade consistent with Section 5
and entered a wholesale water supply agreement with Tacoma,then Auburn may begin to take
delivery of wholesale water from Tacoma.
In consideration for said System Development Charge Credit, Auburn will pay to
Cascade a total price of$1,427,864.00, as of the date that this Agreement takes effect, for the
quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). The parties
agree that Auburn will pay interest at an annual rate of 3.2% on the balance due beginning in
2017 and continuing until the balance is fully paid and this Agreement terminates. Auburn will
pay the total price by making an annual payment in 2017-2029 according to the annual payment
schedule set forth in Section 4 below. This schedule incorporates interest at a rate of 3.2% on the
balance due, beginning in 2017. Under this schedule the total of annual payments including
interest is $1,977,128.00. In the event that Auburn confirms an amount less than the maximum
quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity), the total
applicable price and payment schedule will be adjusted downward on a pro rata basis. If Auburn
elects not to confirm a quantity, or by notice selects a quantity of zero (0.000 MGD),then no
payment shall be due.
4.Annual Payment Schedule.
Auburn will make annual installment payments to Cascade to pay for the System
Development Charge Credit as to the 6 MGD Wholesale Water Supply. In the event that Auburn
purchases a System Development Charge Credit in the quantity of 2.763 MGD annual supply
capacity (3.68 MGD peak supply capacity),then the following payment schedule shall apply:
Page 3 of I I
Payment Schedule
Year Amount Year Amount
2014 0 2022 45,692
2015 0 2023 45,692
2016 0 2024 45,692
2017 45,692 2025 45,692
2018 45,692 2026 45,692
2019 45,692 2027 506,736
2020 45,692 2028 506,736
2021 45,692 2029 506,736
Total 1,977,128
In the event that Auburn purchases a System Development Charge Credit in a quantity less than
2.763 MGD annual supply capacity, then the Parties shall calculate and determine the applicable
total price and payment schedule and the Parties shall agree on an updated payment schedule that
will be documented as Exhibit B to this Agreement.
Each year the annual payment shall due and payable by Auburn to Cascade on or before
June 30 of the year in which such payment is due. If full payment of any annual payment is not
received by Cascade on or before the date due, such payment shall be considered past due, and
the unpaid amount shall accrue interest, from the date due until the date paid, at a rate per day
equal to 0.03 percent per day. Upon not less than fifteen (15) days' advance notice to Cascade,
the City may in any given year prepay without penalty any one or more of the next successive
annual payments. Upon such notice, Cascade will provide Auburn documentation of the amount
due for such payment, and adjustments to any remaining payment schedule, net of related
interest incorporated into the above payment schedule.
5. Auburn Confirmation of Purchase Quantity & Termination Right
On or before June 30, 2017, Auburn shall give notice to Cascade as to the specific
quantity of the System Development Charge Credit that it will purchase, up to a maximum of
2.763 MGD annual supply capacity (3.68 MGD peak supply capacity). Auburn's notice must
identify and confirm one of the following three courses ofaction:
Page 4 of I 1
a) Auburn confirms purchase of a System Development Charge Credit in the
quantity of 2.763 MGD annual supply capacity (3.68 MGD peak supply capacity).
b) Auburn confirms purchase of a System Development Charge Credit in a specific
quantity less than 2.763 MGD annual supply capacity (peak supply capacity to be
determined by Cascade).
C) Auburn confirms that it will not purchase an SDC Credit as to the 6 MGD
Wholesale Water Supply, in which event this Agreement shall terminate and,except for
Section 9, be of no further force or effect.
If Auburn fails to give such notice to Cascade by June 30, 2017, or by notice selects a
quantity of zero (0.000 MGD), then no payment shall be due and this Agreement will terminate.
In order to facilitate communications, the Parties agree to meet and confer during the
month of March 2017, or before, about status of water supply planning and this Agreement.
6.Notice ofConfirmation of System Development Charge Credit.
Within 30 days after Auburn gives its notice to Cascade under Section 5 of this
Agreement, Cascade will send to the Tacoma Water Superintendent a Notice of Confirmation of
System Development Charge Credit regarding the 6 MGD Wholesale Water Supply. Cascade
will provide a copy of the Notice to Auburn when it is sent to Tacoma.
7.Terms and Conditions of 6 MGD System Development Charge Credit.
Auburn acknowledges that, as stated in the Amended and Restated Agreement, Cascade
has paid to Tacoma a capacity reservation fee(i.e., $1,570,074.00 per MGD) for the 6 MGD
Wholesale Water Supply that Tacoma will recognize as an System Development Charge Credit
if all requirements of the Amended and Restated Agreement and the Joint Letter are met.
However, the capacity reservation fee paid to Tacoma by Cascade covers only a portion of the
System Development Charge for the 6 MGD Wholesale Water Supply. Accordingly, Auburn
specifically acknowledges and agrees that it will pay Tacoma the remaining balance of any
System Development Charges owing for Auburn's desired quantity, net of the SDC Credit
obtained from Cascade. Auburn specifically acknowledges and agrees that Tacoma's SDC could
increase and that Auburn will bear any increase in Tacoma's SDCs that may take effect before
Auburn and Tacoma enter a wholesale water supply agreement.
Auburn understands that additional SDC payments to Tacoma will be required to convert
the 6 MGD Wholesale Water Supply to permanent supply, in the event Auburn elects to do so
pursuant to a future Aubum-Tacoma agreement. As an example calculation of Auburn's
combined costs based on Tacoma's current SDC, the Parties have included an illustrative
example in Exhibit C attached hereto. Exhibit C is not binding on any Party or Tacoma, and
Exhibit C contains assumptions about Tacoma's SDC and interest rates in the future that may or
may not turn out to be accurate. Accordingly, Cascade makes no representations or warranties
about the accuracy of Exhibit C.
Page 5 of I I
8. Wholesale Water Supply Purchase Negotiations with Tacoma.
In order to use the System Development Charge Credit and secure a wholesale water
supply from Tacoma, Auburn acknowledges that it must make an offer, complete negotiations,
and enter a wholesale water supply agreement with Tacoma consistent with the Joint Letter and
Confirmation Notice set forth in Exhibit A and with the Amended and Restated Agreement.
Auburn acknowledges and agrees that Cascade makes no representations or warranties as to the
outcome of such negotiations, the Tacoma wholesale water supply that Auburn may (or may not)
be able to purchase, or otherwise.
9. Effect on Four Cities Agreement.
The Parties agree that this Agreement constitutes full performance by Cascade of its
obligations under Section 3(a) of the Four Cities Agreement. Accordingly, Section 3(a)ofthe
Four Cities Agreement shall be of no further force or effect as between Cascade and Auburn.
Other provisions of the Four Cities Agreement are unaffected by this Agreement and remain
effective according to their terms. This section 9 shall survive termination of the Agreement in
the event that Auburn elects not to purchase an SDC Credit.
10. Notices.
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be
sent to the following respective addresses:
Cascade Water Alliance: City ofAuburn:
520 112'' Avenue NE, Suite 400 Attn: Dennis Dowdy
Bellevue, Washington 98004 25 W Main St
Attn: Chief Executive Officer Auburn WA 98001
Phone: (425)453-0930 Phone: (253)931-3010
Fax: (425)425-453-0953 Fax: (253)931-3053
A Party may change its address from time to time by providing notice to the other Party. All notices
and payments mailed by regular post(including first class) shall be deemed to have been given on
the second business day following the date ofmailing, if properly mailed and addressed. Notices
and payments sent by certified or registered mail shall be deemed to have been given on the next
business day following the date of mailing, if properly mailed and addressed. For all types of mail,
the postmark affixed by the United States Postal Service shall be conclusive evidence ofthe date of
mailing.
11. Dispute Resolution.
In the event that any dispute arises between Cascade and Auburn, the aggrieved Party
shall give a notice ofthe dispute to the other Party. Cascade and Auburn shall, within five (5)
days of such notice, each nominate a senior officer of its management to meet at a mutually
agreed location,to attempt to resolve such dispute. The Parties shall each designate a
representative(s)to confer on the best and most cost effective way to resolve the dispute. By
Page 6 of I I
mutual agreement, they may choose direct negotiations or mediation. If there is no agreement
between the Parties on how to proceed within thirty (30) days, either Party may pursue legal
action;provided, however, no Party shall be precluded from filing an appeal or action to prevent
the expiration of a time period for filing or any statute of limitations.
If a Party fails to perform its obligations hereunder, then it shall be in default hereunder
unless the defaulting Party cures an event of default,whether monetary or non-monetary, within
thirty (30) days after receiving written notice from the other Party of such default.
Subject to the procedures set forth in Section 9 (Dispute Resolution), if a Party is in
breach or default of its obligations arising under this Agreement, the other Party shall have and
shall be entitled to exercise any and all remedies available to it at law or in equity (including the
right to specifically enforce this Agreement), all of which remedies shall be cumulative.
12. Attorneys' Fees.
If any Party shall be required to bring any action to enforce any provision of this Agreement,
or shall be required to defend any action brought by the other Party with respect to this Agreement,
and in the further event that one Party shall substantially prevail in such action, the losing Party
shall, in addition to all other payments required therein,pay all ofthe prevailing Party's reasonable
costs in connection with such action, including such sums as the court or courts may adjudge
reasonable as attorney's fees in the trial court and in any appellate courts.
13. No Assignment.
This Agreement is specific to the Parties and may not be assigned in whole or in part.
14. Non-Waiver.
No delay or failure by a Party to exercise any of its rights, powers or remedies under this
Agreement following any breach by another Party shall be construed to be a waiver of any such
breach, or any acquiescence therein, or of or in any similar breach thereafter occurring, nor shall
any waiver of any single breach be deemed a waiver of any other breach theretofore or thereafter
occurring.
15. No Third Party Beneficiary.
This Agreement is for the sole and exclusive benefit of the Parties and is not intended to
and shall not confer any rights or benefits on any third party not a signatory hereto.
16. Integrated Agreement.
This Agreement constitutes the entire agreement between the Parties with respect to the
subject matter hereof and supersedes all prior or contemporaneous understandings or agreements
with respect thereto; provided, however,that this Agreement shall be interpreted or construed
together with the Amended and Restated Agreement, the Joint Letter, and the Confirmation
Notice. No modifications or amendments ofthis Agreement shall be valid or effective unless
evidenced by an agreement in writing signed by the Parties.
Page 7 of 11
17. Signature in Counterparts.
This Agreement may be executed in counterparts and all ofthose counterparts taken
together shall constitute one and the same instrument.
18. Representations of the Parties.
Each Party represents and warrants that it has duly approved, executed, and delivered this
Agreement and that it has all necessary authority to enter into this Agreement and to perform its
terms and obligations. Each Party represents and warrants that the approval, execution, and
delivery have been duly authorized by the appropriate board or council, and no other act or
proceeding on the part of any Party is necessary to authorize entry into or performance of this
Agreement.
IN WITNESS WHEREOF,the Parties have duly executed this Agreement as of the
Effective Date.
City of ubur Cascade Water Alliance:
7/ Q
By: By: Chuck.Clarke
Title: /°4Y ) Title: ChiefExecutive Officer
Date: SEP 10 2013 Date:
ATTEST
City Clerk
c '
APPR D AS TO FORM
City A omey
Page 8 of I 1
Exhibit A
Joint Letter signed by Cascade and Tacoma, dated February 11, 2013, and the
Confirmation Notice signed by Auburn, dated May 21, 2013.1
CASCADE T .
V A l l K A l l I A ,N (- F WATER
February 11, 2013
The Honorable Pete Lewis The Honorable Pat Johnson
City ofAuburn City of Buckley
25 West Main Street 933 Main Street
Auburn, WA 98001 Buckley, WA 98321
The Honorable Neil Johnson The Honorable Dave Enslow
City of Bonney Lake City of Sumner
19306 Bonney Lake Blvd. 1104 Maple Street
Bonney Lake, WA 98391 Sumner, WA 98390
Re: Cascade Water Alliance and Tacoma Water Substitute Wholesale Water Supply
Availability—Time is of the Essence (Sent by Email and US Mail)
Dear Mayors:
As you may be aware,the Cascade Water Alliance and City of Tacoma have been in ongoing
discussions about potential changes to the 2005 Water Supply Agreement. In late 2012 a new
agreement was reached and signed which benefits not only Tacoma and Cascade but also the
Four Cities of Auburn, Bonney Lake,Buckley and Sumner. This new agreement preserves the
right of the four cities under the 2009 Cascade/Four Cities Agreement and allows a new time
sensitive supply option to be jointly offered to the four cities from Cascade and Tacoma.
The Cascade Water Alliance (Cascade), in cooperation with Tacoma Water, is offering the
availability of a substitute wholesale water supply ("Substitute Supply") and to provide this
notice of a limited period of time for your Cities to take action on this unique opportunity.
Cascade and Tacoma have entered into a Restated and Amended Agreement for the Sale of
Wholesale Water,which replaces the 2005 agreement between the parties for purchase and sale
of wholesale water. The 2005 agreement is included as one of the "water supply assistance"
measures in the 2010 Lake Tapps Area Water Resources Agreement between Cascade and your
cities (the "Four Cities Agreement").
In the Restated and Amended Agreement, Cascade has agreed to relinquish its right to take
delivery of the Substitute Supply. This water is now available to the Cities to purchase directly
from Tacoma as a wholesale customer. Cascade has, however, previously paid capacity charges
for this wholesale water supply. If your City now desires to purchase the Substitute Supply
directly from Tacoma and takes action described in this letter, Cascade is willing to sell your
City a credit (reflecting the amounts that Cascade has previously paid to Tacoma)that can be
Joint Letter to the Four Cities
February 11, 2013
Page 2
applied against System Development Charges that would otherwise be due to Tacoma ("SDC
Credit"). The amount and availability of any SDC Credit will be determined by Cascade in
accordance with the terns set forth in the Confirmation Notice that is attached to this letter. You
must act promptly, however, in order to secure the opportunity to obtain an SDC Credit from
Cascade.
This letter provides Cascade's formal notice of the limited window of time for your City to act,
the Confirmation Notice that you must return to Cascade to apply fora SDC Credit, and general
guidance as to how Cascade and Tacoma intend to cooperate to facilitate the implementation of
the Restated and Amended Agreement.
Limited Time to Act
You must act within 120 days from the first meeting ofTacoma, Cascade and the Four Cities to
confirm your interest in this opportunity by delivering a signed "Confirmation Notice" to
Cascade in the form attached to this letter. This opportunity expires at the end of 120 days.
During this 120-day period, the quantity allocation among and between the Four Cities as stated
in the Four Cities letter to Cascade, dated February 5, 2010, shall be recognized by Cascade and
shall detennine the maximum allocation of the Substitute Supply(and the Residual Wholesale
Water Supply) among the Cities (unless the Four Cities jointly agree to reallocation in
accordance with the Four Cities Agreement). A City has until the expiration date to deliver an
executed Confirmation Notice to Cascade. If you select this opportunity by acting within the 120
days, then you have until March 1, 2018 to purchase (or agree to purchase) an SDC Credit from
Cascade. (In anticipation of the required steps with Tacoma described below, it is advisable for
your City to complete the SDC purchase agreement with Cascade in advance of March 2018 to
allow your City adequate time for the Tacoma steps.) If you select this opportunity by acting
within the 120 days, then you will also have until March 1, 2018 to submit a Wholesale Water
Agreement with Tacoma that is eligible for the SDC Credit.
if you do not confirm your selection by delivering a Confirmation Notice to Cascade by the
deadline, then you decline the Substitute Supply opportunity stated in this letter. in that event,
you will still be able to purchase wholesale water supply (if any water supply capacity remains
available) from Tacoma on terms consistent with Section 3(a) of the Four Cities Agreement.
However, you will not be eligible for an SDC Credit.
Next Steps with Cascade
If you deliver the Confirmation Notice within the 120-day deadline stated above and select this
Substitute Supply opportunity, then you will need to complete the following steps with Cascade:
a) Confirmation to Cascade that your City will proceed with the Substitute
Supply opportunity stated herein, and that it fully substitutes for Section
3(a) of the Four Cities Agreement which will have no further force or
effect.
b) Agree with Cascade for payment terms to Cascade for the SDC credit.
Joust Letter to the Four Cities
February 11, 2013
Page 3
c) Upon completion ofthe items in (a) and (b) above, Cascade will send
Notice of Confirmation of System Development Charge Credit to Tacoma.
Next Steps with Tacoma Water
If you deliver the Confirmation Notice to Cascade within the deadline stated above and select
this opportunity, then you would also need to complete the following steps with Tacoma in order
to submit a timely offer to purchase all or a portion of the Substitute Supply. The procedures and
requirements that must be followed to submit such an offer are set forth in Section 6 and Section
7 of the Restated and Amended Agreement (attached for reference). It is important to read these
procedures and requirements carefully as any offer you make must be in strict compliance with
these procedures and requirements. These procedures and requirements are briefly summanzed
as follows:
a) In order to obtain a SDC Credit, Tacoma must be in receipt of a Notice of
Confirmation of System Development Charge Credit from Cascade.
b) Prior to submitting your offer to purchase water from Tacoma, you must
obtain Tacoma's written review and approval of the Wholesale Water
Supply Agreement (including any proposed modifications thereof)
pursuant to which such offer is to be made to Tacoma.
c) Your offer to Tacoma must be submitted in the form of duplicate
executed originals of the Wholesale Water Supply Agreement, in strict
conforinity with the form of the Wholesale Water Supply Agreement
approved by Tacoma.
d) No later than March 1, 2018, you must deliver your offer to Tacoma,
Attention: Water Superintendent, Tacoma Water, 3628 South 35th Street,
Tacoma, WA 98409, and obtain Tacoma's acknowledgment ofthe time
and date of Tacoma's receipt of such offer.
Clarifications
While we are pleased to present this opportunity to your City, we want to avoid any confusion as
to what this opportunity is and is not. For avoidance of doubt, this letter does not constitute a
modification or waiver of any ofthe procedures or requirements set forth in the Restated and
Amended Agreement. This letter does not constitute an offer by Tacoma to sell a wholesale
water supply to any person or entity. Any such sale by Tacoma is subject to and contingent upon
the negotiation, execution and delivery of a mutually acceptable Wholesale Water Supply
Agreement.
Conclusion
Cascade and Tacoma are pleased to provide the availability of Substitute Supply, and look
forward to receiving your offer to purchase, should you desire to do so, in accordance with the
Joint Letter to the Four Cities
February 11,2013
Page 4
guidelines set forth above. We will be contacting your office within the next weck to schedule a
meeting to present and discuss this opportunity.
Sincerely,
LV C° 4-' J 12e (ice
Chuck Clarke Linda A. McCrea
Chief Executive Officer Superintendent
Cascade Water Alliance Tacoma Water
Joint Letter to the Four Cities
February 11, 2013
Page 5
Confirmation Notice
To Be Delivered to Cascade Water Alliance 120 days From the First Meeting of Tacoma,
Cascade and The Four Cities
The City of City") confirms receipt of the letter, dated from
Cascade Water Alliance ("Cascade") and Tacoma Water presenting the availability of a
substitute wholesale water supply ("Substitute Supply"). The City understands that the
Substitute Supply is an alternative to the provisions of Section 3(a) of the 2010 Lake Tapps Area
Water Resources Agreement between Cascade and the Cities of Auburn, Bonney Lake, Buckley,
and Sumner(the "Four Cities Agreement"). The City understands that the Substitute Supply
requires the City to enter a wholesale water supply agreement with Tacoma Water to be
negotiated and offered to Tacoma Water by March 1, 2018 as described in the above-referenced
letter. The City understands that Cascade Water Alliance is offering to sell a System
Development Charge Credit to the City on the terms and conditions stated on Exhibit 1 attached
hereto, provided that by March 1, 2018 Cascade and the City need to enter an agreement to
confirm the purchase and sale and Cascade's provision of a Notice of Confirmation of System
Development Charge ("SDC") Credit to Tacoma Water.
Now, therefore, the City of hereby confirms and agrees as follows:
a) The City the elects the "Substitute Supply" opportunity described herein as an alternative
that fully substitutes for section 3(a) of the Four Cities Agreement.
b) The City provides this Confirmation Notice with respect to the following portion of the
Substitute Supply
4 MGD wholesale supply:
6 MGD wholesale supply:
c) By selecting the "Substitute Supply"alternative, the City agrees that Cascade has fully
performed and satisfied all obligations to the City under 3(a) of the Four Cities agreement.
d) The City agrees that section 3(a) ofthe Four Cities Agreement shall be of no further force
or effect as between Cascade and the City.
e) The City and Cascade shall proceed with diligence to negotiate an agreement for purchase
of an SDC Credit consistent with the terms outlined in Exhibit 1.
CONFIRMED,ACCEPTED AND AGREED TO BY THE CITY OF on
this day of 2013:
By
Name]
Mayor
J
CITY OF
AUBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www ouburnwa gov • 253-931-3000
May 21, 2013
Cascade Water Alliance
Attn. Chuck Clarke, Chief Executive Officer
520 112'h Avenue NE, Suite 400
Bellevue, Washington 98004
Re: Confirmation Notice—City of Auburn's Response to Cascade's Offer of Substitute
Supply
Dear Mr. Clarke,
On May 6'h, 2013 the Auburn City Council approved Resolution 4951 authorizing the City of
Auburn to begin negotiations with Cascade Water Alliance in response to your February 11,
2013 offer.
Enclosed please find a signed original of the C ity's confirmation notice.
Our Puhlic Works Director will be in touch H ith ou soon to begin discussion of the city's
desires to male use of the Substitute Supply.
Sincorely,
Pel , "L'W is
Mayor
Fnclosures
cc• Dennis Dowdy, Director of Public Works
Received
MAY 2. 3201)
AUBURN • MORE THAN YOU IMAGINED
Confirmation Notice
To Be Delivered to Cascade Water Alliance 120 days From the First Meeting of
Tacoma, Cascade and The Four Cities
The City of Auburn ("City") confirms receipt of the letter, dated February 11, 2013, from
Cascade Water Alliance ("Cascade") and Tacoma Water presenting the availability ofa
substitute wholesale water supply ("Substitute Supply") The City understands that the
Substitute Supply is an alternative to the provisions of Section 3(a) of the 2010 Lake Tapps Area
Water Resources Agreement between Cascade and the Cities of Auburn, Bonney Lake,
Buckley, and Sumner(the "Four Cities Agreement"). The City understands that the Substitute
Supply requires the City to enter a wholesale water supply agreement with Tacoma Water to be
negotiated and offered to Tacoma Water by March 1, 2018 as described in the above-referenced
letter. The City understands that Cascade Water Alliance is offering to sell a System
Development Charge Credit to the City on the terms and conditions stated on Exhibit 1 attached
hereto, provided that by March 1, 2018 Cascade and the City need to enter an agreement to
confirm the purchase and sale and Cascade's provision of a Notice of Confirmation of System
Development Charge ("SDC") Credit to Tacoma Water.
Now, there fore, the City ofAuburn hereby confirms and agrees as follows.
a) The City the elects the "Substitute Supply" opportunity described herein as an
alternative that fully substitutes for section 3(a) of the Four Cities Agreement provided
that the City can negotiate acceptable terms with Cascade to provide and finance the
necessary water supply SDC credits.
b) The City provides this Confirmation Notice with respect to the following portion of the
Substitute Supply:
4 MGD wholesale supply: 4 MGD
6 MGD wholesale supply Possible option of 3 MGD
c) By selecting the "Substitute Supply" alternative, the City agrees that upon execution of a
new Substitute Supply agreement with Cascade to provide SDC Credits for 4 MGD of
supply, Cascade will have fully performed and satisfied all obligations to the City under
3(a) of the Four Cities agreement.
d) The City agrees that section 3(a) of the Four Cities Agreement shall be of no further
force or effect as between Cascade and the City when a new substitute supply agreement
with Cascade is executed.
e) The City and Cascade shall proceed with diligence to negotiate an agreement for
purchase of an SDC Credit consistent with the terms outlined in Exhibit 1 (Attached).
CONFIRMED, ACCEPTED AND AGREED TO BY THE CITY OF AUBURN on this
2151 day of May, 2013:
By:
Pete Lewis, ayor
Exhibit I
TERMS FOR 4 CITIES SUBSTITUTE SUPPLY OFFER
I.This offer is structured to fulfill Cascade's obligations to make available Tacoma water as
described in the existing"4 Cities Agreement ". Availability of the terms of this offer is
contingent upon written acceptance of the substitution of this supply offer for the
commitment defined in Section 3.a of that 4 Cities Agreement specifically:
a. Paragraph 3A, providing options for purchase of Cascade's contracted Tacoma supply
capacity, is replaced by the substitute capacity offer defined in this proposal.
b Paragraph 3A is confirmed in writing to be fully satisfied by acceptance of this substitute
capacity offer.
c. Upon expiration of the substitute capacity offer on December 31, 2017,all Cascade
obligations to make Tacoma water available are deemed fulfilled and terminated.
d. The substitute capacity offer must be accepted and executed no later than 120 days from
the first meeting of Tacoma, Cascade and the Four Cities and the offer is withdrawn after
expuration date. [Actual commitment to purchase water under those terms,once
accepted, can occur anytime through 2017 as further delineated in section ll.c below.]
II. Substitute Capacity Offer
a. The following capacity is made available:
i. 9.3 mgd of average supply and a peak supply of 11.3 mgd. [This is the remaining
available capacity of Cascade's purchases from Tacoma ]
ii. Cascade offers all capacity as firm and permanent. Cascade will be responsible
for any transactions needed to convert reserve capacity to permanent capacity.
ni. All capacity will be offered as year-round capacity with the following structure:
for each 1 mgd of year-round capacity, a peak season ratio of up to 1.33 will be
available for purchase. The peak:annual ratio of 1.33:1.0 is based on the Tacoma
capacity owned by Cascade, which originally totaled 10 mgd annual average and
13.3 mgd peak season. Cities may elect peak ratios ranging from 1.0 to 133,
subject to total capacity limits defined in the attached table.
iv. Tacoma will provide wholesale service contingent on execution of a wholesale
supply agreement defining terms for service and related charges. A sample
agreement form is provided.
b. The following price and financial terms are offered:
i. Capacity will be offered at a price of 75%of the SDC($3.17 per gallon * 75%_
2.3775 per gallon) originally paid by Cascade This charge will apply to annual
capacity and to incremental peak season capacity.
1. For example, for a purchase of 1 mgd annual/1.3 mgd peak season, the
cost will be 1 mgd ° $2 3775 million +0 3 mgd "$2 3775 million=
3,090,750. A purchase of 1 mgd annual with no peak season increment
would cost$2,377,500.
ii. Payments for capacity purchase will be to Cascade;when the purchase involves
conversion of reserve capacity, Cascade may opt to direct all or part of the
payment to Tacoma
iii For each purchase,the following financing terms are available.
1. Full payment of purchase price upon execution of purchase; or
2. Payment of 20%of purchase price upon execution; remainder financed
on a note over 5 years at 3.3% interest with level annual payments due
upon each anniversary date. Purchaser would be free to pay off note at
any time.
iv. Wholesale rates for service and delivery are as defined by agreement with
Tacoma (see also below).
c. The following schedule applies to the substitute offer:
i The substitute capacity offer must be accepted and executed no later than 120
days after the first meeting of Tacoma, Cascade and the Four Cities and the offer
is withdrawn after expiration date. If not accepted during this period,then the
existing terms of paragraph 3.a would remain in effect.
ii. During the period from execution of this substitute offer until December 31,
2015, each City may elect to purchase its related share of capacity at any time.
Shares of capacity can also be re-assigned upon notice provided to Cascade by
both parties of such intent.
iii. Beginning January 1, 2016 and extending through December 31, 2017, any City
may offer to purchase any or all capacity remaining available on a first come, first
serve basis. Cascade will notify the Cities of available capacity early in 2016.
iv. After December 31, 2017, no substitute supply capacity will be available.
v. Participants in this substitute capacity offer are free to transfer rights to purchase
to other participants, but only to other participants, provided that Cascade
receives clear and binding direction to this effect from both parties.
III. Special Situation. Bonney Lake previously acquired 2 mgd of peak season (June-September)
capacity, with no right of service in the off-peak period. This is equivalent in quantity to 2 0
mgd peak and 0.7 mgd average annual. This leaves related off-peak capacity with no
corresponding right of service in the peak period.
1. Bonney Lake is offered revision of this capacity right to 2 mgd peak
together with 150 mgd annual capacity.
2 This offer to revise the capacity structure is made available for 90 days
after the effective date of Bonney Lake's acceptance of the substitute
capacity offer.
3 Purchase Price for this revision is the extension of existing payments by
one year(to include 2019), a net cost addition of$391,222.
4. If Bonney Lake does not approve this extension prior to the expiration
date, then other parties are free to acquire the related off-peak capacity
as a part of a year-round capacity purchase at an incremental price of
391,222.
IV. Integration of Cascade and Tacoma obligations under this substitute capacity offer:
a. As defined in the revised agreement between Cascade and Tacoma, it is the intent of
Cascade and Tacoma that any purchases under this offer are subject to execution of an
agreement for wholesale service with Tacoma Cascade would have no ongoing role in
delivering wholesale water after execution of such agreement with Tacoma.
b. Tacoma will commit to supply water purchased under this agreement, subject to
execution of a wholesale water agreement acceptable to Tacoma and generally defined in
a draft wholesale agreement.
i. Tacoma will work with the purchaser to establish a mutually acceptable delivery
point or points, to be defined in the wholesale water agreement.
ii. No SDCs will be due to Tacoma for water capacity purchased under this
agreement.
iii. The purchaser will be subject to Tacoma wholesale rates.
Substitute Offer of Available Tacoma Supply Capacity
Total Auburn Bonney Lake Buckley Sumner
Capacity 9 2 mgd 7.0 mgd 1.5 mgd 0.7 mgd 0.0 mgd
Availability average/ average/10.0 average/2.0 average/1.33 average/0.0
Previously 13 33 mgd mgd peak mgd peak mgd peak mgd peak
Requested by peak
the 4 Cities
Additional 0.8 mgd 0 5 mgd 0.0 mgd 0.3 mgd 0.0 mgd
Capacity in average/average/0 0 average/0.0 average/0.0 average/0.0
Substitute Offer 0.00 mgd mgd peak mgd peak mgd peak. mgd peak
peak
Previous 0.7 mgd
Purchases average/2 0
mgd peak
2.0 mgd peak
season with no
off-peak supply
requires an
annual average
of 0.7 mgd to
be delivered]
Remaining 10.0 mgd 7.5 mgd 0.8 mgd 1.0 mgd 0.0 mgd
Available average / average/10.0 overage/0.0 overage/1.33 average/0.0
Capacity for 13.33 mgd mgd peak mgd peak mgd peak mgd peak
Purchase peak L---
Exhibit B
Updated Annual Payment Schedule
To be completed by the Parties in the event Auburn confirms the purchase of
an SDC credit in a quantity less than 2.763 MGD annual supply capacity)
Year Amount
2014 0
2015 0
2016 0
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
Total
Page 10 of 1 I
Exhibit C
Illustrative Example of Total Auburn SDC Payments for Reserve Capacity
Year Payment to Cascade Estimated Payment Total Estimated
to Tacoma SDC Payment
2014 0 0 0
2015 0 0 0
2016 0 0 0
2017 45,692 234,283 279,974
2018 45,692 234,283 279,974
2019 1 45,692 234,283 279,974
2020 45,692 1,183,994 1,229,686
2021 45,692 1,183,994 1,229,686
2022 45,692 1,183,994 1,229,686
2023 45,692 1,183,994 1,229,686
2024 45,692 1,183,994 1,229,686
2025 45,692 1,183,994 1,229,686
2026 45,692 1,183,994 1,229,686
2027 506,736 0 506,736
2028 506,736 0 506,736
2029 506,736 0 506,736
Notes:
1) Estimated Payment to Tacoma is based on the following assumptions which are not assured:a)the current
SDC;b)an interest rate of 3.2%,and c)a note term of 10 years structured with the first three years bearing
only interest payments. Actual payments will be subject to Auburn's completion of a wholesale supply
agreement with Tacoma and related terms
2) Does not include estimates of actual water rates for wholesale service from Tacoma.
Page 11 of 11
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RESOLUTION NO 2 8 7 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
SERVICE AGREEMENT ESTABLISHING WATER UTILITY SERVICE AREA
BOUNDARIES BETWEEN THE CITY OF AUBURN AND THE CITY OF AUBURN
AND PIERCE COUNTY
WHEREAS service area agreements are required by WAC 246
293250 to help assure that water reserved for public water
supply purposes with Pierce County will be utilized in the
future in an efficient and planned manner
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH
RESOLVES AS FOLLOWS
Section 1 The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute a Service Agreement
establishing water utility service area boundaries between the
City of Auburn and Pierce County A copy of said Agreement is
attached hereto and denominated as Exhibit UA and
incorporated herein by reference
Resolution No 2873
September 3 1997
Page 1
ORIGINAL
STANDARD SERVICE AGREEMENT
ESTABLISHING WATER UTILITY
SERVICE AREA BOUNDARIES
PREAMBLE
THIS AGREEMENT establishing water utility service area boundaries is
entered into this day for purposes of identifying the external boundaries of the service
area for which this water purveyor has assumed water service responsibility
WHEREAS service area agreements are required by WAC 246293250 to help
assure that water reserved for public water supply purposes with Pierce County will be
utilized in the future in an efficient and planned manner and
WHEREAS the designation of retail water service area and future service
planning areas together with the cooperation ofother utilities will help assure efficient
planning to accommodate growth avoid duplication of service and facilitate the best use
of resources
WHEREAS the responsibilities applicable to water purveyors are outlined in the
Pierce County Coordinated Water System Plan CWSP and by the adopted rules and
regulations of the Washington State Department of Health DOH and
WHEREAS it is not the intent ofthis Agreement to give new authority or
responsibilities to the water purveyor or to the Connty or State regulatory agencies in
addition to those requirements imposed by law and
NOW THEREFORE the undersigned party having entered into this Agreement
by its signature concur with and will abide by the following provisions
Section 1 The terms used within the contract shall be as defined in the
implementing regulations of Chapter 70116RCW except as identified below
A Lead Agency shall mean the department or organization within Pierce County that
has been designated by the Pierce County Executive as being administratively responsible
for the coordination and filing ofthe Pierce County Water Service Area map Standard
Service Agreement Establishing Water Utility Service Area Boundaries Agreements for
Retail Service Areas Utility Service Policies and other administrative documents
necessary for the implementation ofthe Pierce County CWSP
B Pierce County Coordinated Water System Plan CWSP shall mean the latest plan
adopted by the Pierce County Council for public water systems within critical water
supply service areas within Pierce County Council which identifies the present and future
needs of the systems and sets forth means for meeting those needs in the most efficient
manner possible
EXHIBIT AResolutionNo 2873
September 15 1997
C Pierce County Water Service Area Map shall mean the map referenced in this
Agreement for the retail service area signed by the water purveyor except as amended in
accordance with the CWSP procedures with the concurrence of the affected water
purveyors or by operation of law
D Retail Service Area shall mean the designated geographical area within Pierce
County in which the undersigned water purveyor assumes full responsibility for
providing water service to individual customers
E Utility Service Policies shall mean those policies and conditions ofservice that
are attached to the provision ofwater service for individual customers The identified
policies and conditions of service are those conditions incorporated within the water
purveyorswater system improvement and expansion plans required under the provisions
ofthe Public Water Systems Coordination Act and DOH
Section 2 Lead Agency The lead agency for administering the Pierce
County Water Utility service area agreements shall be the Pierce County Department of
Public Works and Utilities unless otherwise established by the Pierce County Executive
The lead agency shall function only as a coordination center The lead agency will
maintain the original documents and will be responsible for updating the water system
map and agreements as provided for in the CWSP
Section 3 Authority The authority for this Agreement is granted by the
Public Water Systems Coordination Act of 1977 Chapter 70116RCW
Section 4 Service Area Boundaries The undersigned Water Purveyor
acknowledges that the Pierce County Water Service Area Maps identifying its retail
service area boundaries dated July 8 1997 and included as Attachment A to this
Agreement identify the Water purveyorspresent and future service area within Pierce
County The undersigned further acknowledges that there are no service area conflicts
with an adjacent water utility or purveyor or if such a conflict exists agrees that no new
water service will be extended within disputed areas except as stipulated in an
adjudication by DOH a final decision made by a court ofcompetent jurisdiction or by
operation oflaw
This agreement shall apply to service area boundaries claimed and identified in
the above referenced maps Revisions may be may require an amendment to the
purveyorsor utilitysservice plans and shall be filed with the lead agency
Section 5 Boundary Austments If at some time in the future it is in the
best interests ofthe undersigned parties to make service area boundary adjustments such
modifications must be by 1 written concurrence ofall involved utilities and the proper
legislative authorityies and must be noted and filed with the designated Pierce County
lead agency and DOH or 2 by operation oflaw It is understood by the undersigned
EXHIBIT AResolutionNo 2873
September 15 1997
utility that it may decline to provide service within its designated service area boundary
but in that case an applicant may be referred to other adjacent purveyors or utilities or a
new utility may be created and the original service area boundary will be adjusted
accordingly
Section 6 System Extension Policies The undersigned utility agrees that in
order to expand its existing water service area other than by addition ofretail customers
to existing water mains or to serve in the capacity ofa prequalifiedsatellite system
management agency SSMA it shall have adopted design standards and Utility Service
extension policies The design standards shall meet or exceed the Pierce County Water
System Minimum Standards and Specifications
A water utility anticipating expansion of retail service in unincorporated areas of Pierce
County or intending to operate as an SSMA shall identify utility service policies in its
updated water system plan The undersigned utility agrees to identify for information its
utility service policies or provide a copy ofthe updated water system plan to the Lead
Agency prior to application for extension of its existing water system into new service
areas within the unincorporated areas ofPierce County
Municipalities further agree that if they identify a service area outside oftheir existing
municipal corporate boundaries the municipality will assume full responsibility for
providing water service equivalent to the level ofservice provided for their customers
inside the city limits with similar service requirements and must also meet or exceed
Pierce Countys minimum design standards
Section 7 Special Working Agreements Special working agreements if they exist
and are relevant between this water purveyor and an adjacent water purveyor shall be
attached to this Agreement as Attachment B and incorporated herein by this reference
Section 8 Compliance with the CWSP Nothing in this Agreement shall waive any
requirement ofthe state federal or local government regarding the provision of water
service This Agreement shall comply with the interlocal agreement requirement ofthe
CWSP
iSS
WHEREOF the undersigned party has executed this Agreement as of
WatrPlrvlr
Representative
EXHIBIT AResolution No 2873
September 15 1997
Approved as to Form
Michael J Reynolds City Attorney
Attested to
Robin Wohlhueter City Clerk
PIERCE COUNTY PUBLIC WORKS UTILITIES DEPARTMENT
Aa OV Date
Name
Title
4
Attachment B
SPECIAL WORKING AGREEMENTS
List of Special Working Agreements Included
Potential Annexation Agreement between City ofAubum and City ofFederal Way
Urban Service Area Agreement between City ofAuburn and City ofPacific
Potential Annexation Agreement between City ofAuburn and City of Sumner
Potential Annexation Agreement between City ofAuburn and City of Kent
ATTACHMENT BResolution No 2873
September 15 1997
CITY CLERKS OFFICE JrttJ 67
GITY OF AUBURN
25 West Main 8 1996
LATG TO POTENTIAL TION A DESIGNATIb
THIS IS AN AGEMENTbetween the Cities of Federal Way a municipal cooration of thefeWashingtonFederalWayandAuburnamunicipalcoorationoftheStateofWasHmgtAuburnhereinakercollectivelyreferredtoastheCities
RECITALS
mo Pursuant to RCW 3670A1102 the Washington State Growth Management Act of 1990 asamendedrequireseachCitywithintheCounbtoproposethelocationofanurbangrowthareaand
Bo The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6 1992bytheCountyCouncilandamendedbyOrdinance11446onJuly191994andratifiedbyCitieswithintheCountyestablishesrulesfordesignatingpotentialannexationareasforcitieswithinthecountywideurbangrowthboundaryand
Countywide Planning Policy LU31 states that in collaboration with adjacent counties and citiesandKingCountyandinconsultationwithresidentialgroupsinaffectedareaseachCityshalldesignateaPotentialAnnexationAreaPAAand
It is in the public interest that the jurisdictions cooperate to designate logical and achievablePAAboundariesand
NOW THEREFORE the Cities hereby agree
1 PURPOSE
The purpose of this agreement is to confirm the decision made between the Cities for theidentificationofPAAboundaries
DEFINITIONS
Potential AnneXation Area PAA The incorporated urban area adjacent to a City withinwhichurbangrowthshallbeencouragedandphasedandwhichisexpectedtoannextothecityAnnexationisexpectedtooccursometimeduringthenext20yearsatwhichtimethecitywillprovideservicesandutilitiesPotentialAnnexationAreaisanothertermforaCitysUrbanGrowthArea
Urban Growth Areas Areas proposed by the Cities and designated by the County within whichurbangrowthshallbeencouragedandphasedandoutsideofwhichgrowthcanoccuronlyifitisnoturbaninnatureACitysUrbanGrowthAreaisanothertermforitsPotentialAnnexationArea
REF Resolution No 2873
September 15 1997
r
Urban Growth Boundary The boundary marking the limit between the urban growth areas andotherareassuchasruralandresourceareawhereurbangrowthisnotpermittedTheboundaryshallbedesignatedbytheCountyinconsultationwiththeappropriateCitiesundertherequirementoftheGrowthManagementActasamended
PUBLIC PROCESS
The designation of PAAs in Exhibit A map attached hereto and by this reference made a partofthisagreementareofinteresttoavarietyofaffectedpartiesincludingpropertyownersarea
residents the general public special service districts and the municipalities
RELATIONSHIP TO EXISTING LAWS AND STATUTES
This Agreement in no way modifies nor supersedes existing laws and statues and is consistentwithexistinglawsandstatuesInmeetingthecommitmentsencompassedinthisAgreementallpartieswillcomplywiththerequirementsoftheannexationStatutesOpenPublicMeetingsActStateEnvironmentalPolicyActGrowthManagementActandCountywidePlanningPoliciesforKingCounty
RESPONSIBILITIES
A The Cities acknowledge the PAA boundary described in Exhibit A
B The Cities will only annex territory within their designated PAAs
Co The Cities shall conduct a public involvement process that includes but is not limited to
workshops surveys or hearings in areas within the PAA prior to the inclusion of anyadditionalareaswithinthePAA
AMENDMENTS
A city which desires to modify the Potential Annexation Area shall contact the other
party to this Agreement to begin discussions regarding potential annexation area
boundary amendments The Cities agree to participate in such discussions when calledEitherPartyisauthorizedtocallameetingupon30dayswrittennotice
Bo The proposed amendments shall be supported by written evidence of a significantchangeinoneofthecriterialistedinparagraph6DBelowTheCitiesshallconcur
that the substantial change warrants an amendment to the original designated PAA
Co A public process shall be conducted regarding an amendment to a potential annexation
area as described in 5C above
D Criteriafor Designation of Potential Annexation Areas
Recognition of resident community identification
Financial and technical ability to provide municipal services
2 REF Resolution No 2873
September 15 1997
e
Creation of logical service areas vehicular accessibility and utility constructionRecognitionofphysicalboundaries
Bodies of water
Topographical features
Watersheds
Freeways
Protection of criticalresource areas significant to a particular jurisdictionProtectionofcriticalareas
Opportunities for urban separators
Logical boundaries
Elimination of unincoporated islands
No overlapping potential annexation areas
The proposed amended PAA agreement shall be submitted to the respective legislativeauthoritiesforapproval
DURATION AND TERMINATION
This Agreement is effective upon signature of both parties and shall continue in effect from
year to year unless terminated by a six month written notice by one party to the others
SEVERABILITY CLAUSE
Any provision of this Agreement which is declared invalid or illegal shall in no way affect orinvalidateanyotherprovisionhereofandsuchotherprovisionsshallremaininfullforceandeffect
hNIEIYENIFICATI ON
The City of Federal Way shall indemnify and hold harmless the City of Auburn and itsofficersagentsandemployeesoranyofthemfromanyandallclaimsactionssuitsliabilitylosscostsexpensesanddamagesofanynaturewhatsoeverbyreasonoforarisingoutofanynegligentactoromissionoftheCityofFederalWayitsofficersagentsandemployeesoranyofthemintheperformanceofthisAgreementIntheeventthatanysuchsuitbaseduponsuchaclaimactionlossordamageisbroughtagainstheCityofAuburntheCityofFederalWayshalldefendthesameatitssolecostandexpenseprovidedthattheCityofAuburnreservestherighttoparticipateinsuchsuitifanyprincipleofgovernmentalorpubliclawisinvolvedIffinaljudgmentberenderedagainsttheCityofAuburnanditsofficersagentsandemployeesoranyofthemorjointlyagainsttheCityofFederalWayandtheCityofAuburnandtheirrespectiveofficersagentsandemployeesoranyofthemtheCityofFederalWayshallsatisfythesameincludingallchargeablecostsandattorneysfees
Bo In executing this Agreement the City of Auburn does not assume liability orresponsibilityfororinanywayreleasetheCityofFederalWayfromanyliabilityorresponsibilitywhicharisesinwholeorinpartfromtheexistenceoraffectofFederalWayCityordinancesrulesorregulationsIfanycauseclaimsuitactionoradministrativeproceedingiscommencedinwhichtheenforceabilityandorvalidityofanysuchFederalWayCityordinanceruleorregulationisatissuetheCityofFederal
REF Resolution No 2873
September 15 1997
10
Way shall defend the same at its sole expense and if judgment is entered or damages areawardedagainsttheCityofAuburntheCityofFederalWayshallsatisfythesameincludingallchargeablecostsandattorneysfees
Co The Cit of Auburn shall indemnify and hold harmless the City of Federal Way and itsofficersagentsandemployeesoranyofthemfromanyandallclaimsactionssuitsliabilitylosscostsexpensesanddamagesofanynaturewhatsoeverbyreasonoforarisingoutofanynegligentactoromissionoftheCityofAuburnitsofficersagentsandemployeesoranyofthemintheperformanceofthisAgreementIntheeventthat
any such suit based upon such a claim action loss or damage is brought against the CityofFederalWaytheCityofAuburnshalldefendthesameatitssolecostandexpenseprovidedthattheCityofFederalWayreservestherighttoparticipateinsuchsuitifanyprincipleofgovernmentalorpubliclawisinvolvedIffinaljudgmentberenderedagainsttheCityofFederalWayanditsofficersagentsandemployeesoranyofthemorjointlyagainsttheCityofFederalWayandtheCityofAuburnandtheirrespectiveofficersagentsandemployeesoranyofthemtheCityofAuburnshallsatisfythe
same including all chargeable costs and attorneys fees
In executing this Agreement the City of Federal Way does not assume liability orresponsibilityfororinanywayreleasetheCityofAuburnfromanyliabilityorresponsibilitywhicharisesinwholeorinpartfromtheexistenceoraffectofAuburnCityordinancesrulesorregulationsIfanycauseclaimsuitactionoradministrative
proceeding is commenced in which the enforceability andor validity ofany such AuburnCityordinanceruleorregulationisatissuetheCitofAuburnshalldefendthesameatitssoleexpenseandifjudgmentisenteredordamagesareawardedagainsttheCityofFederalWaytheCityofAuburnshallsatisfythesameincludingallchargeablecostsandattorneysfees
ADMINISTRATION
This Agreement shall be administered by
io The Federal Way City Manager or the City Managers designee and
The Mayor of Auburn or the Mayors designee
CITY OF FEDERAL WAY
City Manager
CITY OF AUBURN
Charles A Booth
Mayor
Date
4
REF Resolution No 2873
September 15 1997
Approved as to Form Approved as to Form
City Attorney
BHSFWAGR2vlT
EXHIBIT AResolutionNo 2873
September 15 1997
REF Resolution No 2873
September 15 1997
POTENTIAL ANNEXATION AREA BOUIDARY
Between Auburn and Federal Way
lo00 0 2000
FEET
Potential
Annexation
AreaBoundary
ORI61NAL
AN AGREEMENT BETWEEN TIHi CITIES OF PACIFIC AND AUIUt PELATING
TO URBAN SERVICE AREA DESIGNATION
THIS IS AN AGREENIENT between the Cities of Pacific a municipal corporation of the State of
Washington Pacific and Auburn a municipal corporation of the State of Washington Auburn
hereinafter collectively referred to as the Cities
RECITALS
Pursuant to RCW 3670A1102the Washington State Growth Management Act of 1990 as
amended requires each City within the County to propose the location of an urban growth area
and
The Pierce County Countywide Planning Policies adopted and approved by Resolution R9286
on June 30 1992 by the County Council and ratified by Cities within the County establishes
rules for designating City urban growth areas within the countywide urban growth boundary
and
The Pierce County Comprehensive Plan adopted and approved by Ordinance 9482S by the
County Council identifies an urban groxvth area overlap between the Cities of Auburn and
Pacific
It is in the public interest that the jurisdictions cooperate to designate logical and achievable
urban growth area boundaries
NOW THEREFORE the Cities hereby agree
1 PURPOSE
The purpose of this agreement is to resolve the boundary overlap between the Cities of Auburn
and Pacific
2 DEFINITIONS
Urban Service Area USA The incorporated urban area adjacent to a City within which
urban growth shall be encouraged and phased and which is expected to annex to the city
Annexation is expected to occur sometime during the next 20 years at which time the city will
provide services and utilities Urban Service Area is another term for a Citys Urban Growth
Area
Urban Growth Areas UGA Areas designated by the County within which urban growth shall
be encouraged and phased and outside of which growth can occur only if it is not urban in
nature A Citys Urban Growth Area is another term for its Urban Service Area
Comprehensive Urban Growth Area Boundary CUGA Boundary The boundary marking the
limit between the urban growth areas and other areas such as rural and resource area where
urban growth is not permitted The boundary shall
REF Resolution No 2873
September 15 1997
be designated by the County in
Exhibit A Resolution No 2763
Adopted 12296
REF Resolution No 2873
September 15 1997
consultation with the appropriate Cities under the requirement of the Growth Management
Act as amended
PUBLIC PROCESS
The designation of USAs in Exhibit A map are of interest to a variety of affected parties
including property owners area residents the general public special service districts and the
municipalities
RELATIONSHIP TO EXISTING LAWS AND STATUTES
This Agreement in no way modifies nor supersedes existing laws and statues and is consistent
with existing laws and statues In meeting the commitments encompassed in this Agreement
all parties will comply with the requirements of the annexation statutes Open Meetings Act
State Environmental policy Act Growth Management Act and the Pierce County Countywide
Planning Policies
RESPONSIBILITIES
Ao The Cities acknowledge the USA boundary as shown in Exhibit A The City of Pacific
urban service area boundary will not include any area shown in exhibit A
B The Cities will only annex territory within their designated USAs
Co The Cities shall conduct a public involvement process that includes but is not limited
to workshops surveys or hearings in areas within the USA prior to the inclusion of
any additional areas within the USA
AMENDMENTS
ao A city which desires to modify the USA shall contact the other party to this Agreement
to begin discussions regarding urban service area boundary amendments The Cities
agree to participate in such discussions when called Either Party is authorized to call
a meeting upon 30 days written notice
TM proposed modifications shall be supported by written evidence of a significant
change in one of the criteria listed in paragraph 6D Below The Cities shall concur
that the substantial change warrants an amendment to the original designated urban
service area
C A public process shall be conducted regarding an amendment to an urban service area
D Criteriafor Designation of Potential Annexation Areas
Recognition of resident community identification
Financial and technical ability to provide municipal services
Creation of logical service areas vehicular accessibility and utility construction
Recognition of physical boundaries
Exhibit A Resolution No 2763
Adopted 12296
REF Resolution No 2873
September 15 1997
Bodies of water
Topographical features
Watersheds
Freeways
Protection of criticalresource areas significant to a particular jurisdiction
Protection of critical areas
Opportunities for urban separators
Logical boundaries
Elimination of unincoporated islands
No overlapping potential annexation areas
The proposed amended USA agreement shall be submitted to the respective legislative
authorities for approval
DURATION AND TERMINATION
This Agreement is effective upon signature of both parties and shall continue in effect from
year to year unless terminated by a six month written notice by one party to the others
SEVERABILITY CLAUSE
Any provision of this Agreement which is declared invalid or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and
effect
INDEMNIFICATION
The City of Pacific shall indemnify and hold harmless the City of Auburn and its
officers agents and employees or any of them from any and all claims actions suits
liability loss costs expenses and damages of any nature whatsoever by reason of or
arising out of any negligent act or omission of the City of Pacific its officers agents
and employees or any of them in the performance of this Agreement In the event
that any such suit based upon such a claim action loss or damage is brought against
the City of Auburn the City of Pacific shall defend the same at its sole cost and
expense provided that that the City of Auburn reserves the right to participate in such
suit if any principle of governmental or public law is involved If final judgment be
rendered against the City of Auburn and its officers agents and employees or any of
them the City of Pacific shall satisfy the same including all chargeable costs and
attorneys fees
Bo In executing this Agreement the City of Pacific does not assume liability or
responsibility for or in any way release the City of Auburn from any liability or
responsibility which arises in whole or in part from the existence or affect City of
Auburn ordinances rules or regulations If any cause claim suit action or
administrative proceedings is commenced in which the enforceability andor validity of
any such City of Auburn ordinance rule or regulation is at issue the City of Auburn
shall defend the same at its sole expense and if judgment is entered or damages are
Exhibit A Resolution No 2763
Adopted 12296
REF Resolution No 2873
September 15 1997
Do
awarded against the City of Pacific the City of Auburn shallsatisythe same
including all chargeable costs and attorneys fees
The City of Auburn shall indemnify and hold harmless the City of Pacific and its
officers agents and employees or any of them from any and all claims actions suits
liability loss costs expenses and damages of any nature whatsoever by reason of our
arising out of any negligent act or omission of the City of Auburn its officers agents
or employees or any of them relating to or arising out of the performance of this
Agreement In the event that any suit based on such a claim action loss or damage is
brought against the City of Pacific the City of Auburn shall defend the same at its sole
costs and expense provided by the City of Auburn retains the right to participate in
and suit of any principle of government law is involved and if final judgment be
rendered against the City of Pacific and its officers agents and employees or any of
them the City of Auburn shall satisfy the same including all chargeable costs and
attorneys fees
In executing this Agreement the City of Auburn does not assume liability or
responsibility for or in any way release the City of Pacific from any liability or
responsibility which arises in whole or in part from the existence or affect City of
Pacific ordinances rules or regulations If any cause claim suit action or
administrative proceedings is commenced in which the enforceability andor validity of
any such City of Pacific ordinance rule or regulation is at issue the City of Pacific
shall defend the same at its sole expense and if judgment is entered or damages are
awarded against the City of Auburn the City of Pacific shall satisfy the same
including all chargeable costs and attorneys fees
10 ADMINISTRATION
This Agreement shall be administered by
A The Mayor of Pacific or the Mayors designee and
B The Mayor of Auburn or the Mayors designee
Exhibit A Resolution No 2763
Adopted 12296
CITY OF PACIFIC
Cheryl Bertsc
Mayor ProTem
Date
Approved as to Form
City Attorney
CITY OF AUBURN
By
Charles A Booth
Mayor
Date
City Attorney
BHSAGREEMT1
Exhibit A Resolution No 2763
Adopted 12296
iI IREFResolution
No875September151997I
ExhibitAResolutionNo2763Adopted12296
REF Resolution No 2873
September 15 1997
AN AGREEMENT BETWEEN THE CITIES OF SUMNER AND AUBUR RELATING
TO POTENTIAL ANNEXATION AREA DESIGNATION
THIS AGREEMENT is entered into on this Oday of7L 1996 by and between the
City of Sumner a municipal corporation of the State of Washington hereinafter referred to as
Sumner and the City of Auburn a municipal corporation of the State of Washington
hereinafter referred to as Auburn
WHEREAS pursuant to RCW 3670A1102 the Washington State Grovth
Management Act of 1990 as amended requires each city within Pierce County to propose the
location of an urban growth area and
WHEREAS the King Countyvide Planning Policies adopted and approved byOrdinance10450onJuly61992bytheKingCountyCouncilandamendedbyOrdinance
11446 on July 19 1994 and ratified by cities within King County establish rules for designating
potential annexation areas for cities within the countywide urban growth boundary and
WHEREAS King Countywide Planning Policy LU31 states that each city shall
designate a Potential Annexation Area PAA in collaboration with adjacent counties and cities
and King County and in consultation with residential groups in affected areas and
WHEREAS Pierce Countyvide Planning Policies adopted and approved by Resolution
No R9286 on June 30 1992 by the Pierce County Council reestablish rules for designating
urban growth areas for cities within Pierce Count and
WHEREAS Pierce Countywide Planning Policy No 1 on Urban Growth areas states
The Count shall designate urban growth areas for the County and each municipality in the
County based on consultations between the County and each municipality and
WHEREAS the Pierce County Comprehensive Plan approved November 29 1994 bythePierceCountyCouncilestablishesproceduresfortheadoptionofUrbanServiceAreas
USAsas a part of a Comprehensive Urban Growth Area CUGA The plan also adopts Urban
Service Areas for the jurisdictions within Pierce County The plan indicates an overlap of the
USAs for the Cities of Auburn and Sumner in the general vicinity of an approved privatedevelopmentcalledLakelandand
WHEREAS it is of mutual interest to Sumner and Auburn to resolve the overlapsbetweenthePotentialAnnexationAreasinordertoallowforcontinuedlanduseandcapitalfacilityplanningwithoutthreatoflitigationorappealsand
WHEREAS in the spirit of cooperation and mutual understanding Sumner and Auburn
desire to address mutual interests work together on issues of mutual benefit and enter into
agreements to work constructively on issues of concern NOW THEREFORE
Exhibit A Resolution No 2762August51996
REF Resolution No 2873
September 15 1997
In Consideration of the mutual benefits Sumner and Auburn hereby agree t6 the terms and
conditions as set forth beloxv
SECTION 1 PURPOSE
The purpose of this agreement is to confirm the decision nade betveen Sumner and
Auburn for the identification of Potential Annexation Area boundaries and Urban Service
Areas
SECTION 2 DEFINITIONS
mo Potential Annexation Area PAA is a term used in the King Countywide PlanningPolicesmeaningtheincorporatedurbanareaadjacenttoacitywithinwhichurban
growth shall be encouraged and phased and which is expected to annex to the cityAnnexationisexpectedtooccursometimeduringthenexttwenty20yearsatwhich
time the city will provide services and utilities For purposes of this agreement the
term Potential Annexation Area is the same as Urban Service Area USA as appliedinthePierceCountyComprehensivePlan
Bo Urban Growth Areas means areas proposed by the Sumner and Auburn and
designated by the county within which urban growth shall be encouraged and passedandoutsideofwhichgroxvthcanoccuronlyifitisnoturbaninnature
Urban Growth Boundary means the boundary marking the limit betveen the urban
groxvth areas and other areas such as rural and resource area where urban growth is
not permitted The boundary shall be designated by the county in consultation with
Sumner and Auburn under the requirements of the Growth Management Act
SECTION 3 PUBLIC PROCESS
The designation ofPAAs in Exhibit A map attached hereto and by this reference made a
part of this agreement are of interest to a variety of affected parties including property
ovnersarea residents the general public special service districts and the municipalities
SECTION 4 RELATIONSHIP TO EXISTING LAWS AND STATUES
This Agreement shall in no way modify nor supersede existing laws and statutes and is
consistent with existing laws and statutes In meeting the commitments encompassed in
this Agreement all parties shall comply with the requirements of the annexation statutes
Open Public Meetings Act State Environmental Policy Act Growth Management Act
and Countywide Planning Policies for King mid Pierce Counties
SECTION 5 RESPONSIBILITIES
A Sumner and Auburn acknowledge the PAA boundary described in Exhibit A
Exhibit A Resolution No 27622August51996
Bo
Co
REF Resolution No 2873
September 15 1997
Sumner and Auburn shall only annex territory within their designated PAAs
Sumner and Auburn shall conduct a public involvement process that includes but is
not limited to workshops surveys or hearings in areas vithin the PAA prior to the
inclusion ofany additional areas within the PAA
SECTION 6 JOINT PLANNING
Sumner and Auburn shall work cooperatively together in the planning and delivery of
services to the respective PAA to the extent feasible as described below
Sumner and Auburn shall initiate discussions betveen staff to reviev the feasibility of
sharing the costs associated with the construction and operation of a water storagefacilityBothcitiesshallalsoexplorethepossibilityofsharedwaterresources
B Sumner and Auburn shall work cooperatively on other issues of mutual concern
which may arise including
1 Design funding and construction of the 8 h Street Corridor from Lake Tapps
to SR 167
2 Railroad traffic and the mitigation of increased rail activity on transportation3Mitigationofstormwaterimpactstothevalley4ModificationstotheMudMountainDamtoreducebasefloodlevels
5 Joint fire services and operations such as training hazardous spill responsemutualaideandspecialoperations
6 Bicycle and pedestrian trails connecting the Sumner and Auburn
7 Watershed planning and management related to the Stuck White River and
its tributaries and
8 Joint planning and participation with Pierce County
SECTION 7 AMENDMENTS
io
Bo
A city which desires to modify the Potential Annexation Area shall contact the other
party to this Agreement to begin discussions regarding potential annexation or
boundary amendments Sumner and Auburn agree to participate in such discussions
when called Either city is authorized to call a meeting upon providing the other cityhasatleastathirty30daywrittennotice
The proposed amendments shall be supported by written evidence of a significantchangeinoneofthecriterialistedinparagraph7DbelowSumnerandAuburnshall
concur that the substantial change warrants an amendment to the original designatedPAA
C A public process shall be conducted regarding an amendment to a potentialannexationareaasdescribedin5cabove
Exhibit A Resolution No 2762
3 August 5 1996
REF Resolution No 2873
September 15 1997
D Criteria for Designation ofPotential Annexation Areas
1 Recognition of resident community identification
2 Financial and technical ability to provide municipal services
3 Creation of logical service areas vehicular accessibility and availability of
utility senice
4 Recognition of physical boundaries
bodies of water
topographical features
watersheds
freeways
5 Protection of criticalresource areas significant to a particular jurisdictionprotectionofcriticalareas
opportunities for urban separators
6 Logical boundaries
elimination of unincorporated islands
no overlapping potential annexation areas
E The proposed amended PAA agreement shall be submitted to the respectivelegislativeauthoritiesforapproval
SECTION 8 DURATION AND TERMINATION
This Agreement shall be in effect upon signature of both parties and shall continue in
effect from year to year unless terminated by a six month written notice by one party to
the others
SECTION 9 SEVERABILITY CLAUSE
Any provision of this Agreement which is declared invalid or illegal shall in no wayaffectorinvalidateanyotherprovisionhereofandsuchotherprovisionsshallremainin
full force and effect
Exhibit A Resolution No 2762
August 5 1996
REF Resolution No 2873
September 15 1997
SECTION 10 ADMINISTRATION
This Agreement shall be administered by the Mayor ofthe City of Sunmer and the City of
Auburn or their designees
CITY OF SUMNER CITY OF AUBURN
Robert A Moltke Mayor
Date
Attest
City Clerk
Approved as to form
Charles A Booth Mayor
Attest
City Clerk
Approved as to form
City Attorney
Exhibit A Resolution No 2762
August 5 1996
REF Resolution No 2873
September 15 1997
Exhibit Rlufion No
Aus 5 1996
Xd
I X POTIAL ANNEXATION AREA DESIGNATION
xIAN AGRET between the Cities of Kent a municipal corporation of the State ofViAuburnamunicipalcorporationoftheStateofWashingtonAuburn
hereireferredto as the Cities
RECITALS
Pursuant to RCW 3670A1102 the Washington State Growth Management Act of 1990 as
amended requires each City within the County to propose the location of an urban growth area
and
Bo The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6 1992
by the County Council and amended by Ordinance 11446 on July 19 1994 and ratified byCitieswithintheCountyestablishesrulesfordesignatingpotentialannexationareasforcities
within the countywide urban growth boundary and
Countywide Planning Policy LU31 states that in collaboration with adjacent counties and cities
and King County and in consultation with residential groups in affected areas each City shall
designate a Potential Annexation Area PAA and
Do It is in the public interest that the jurisdictions cooperate to designate logical and achievable
PAA boundaries and
NOW THEREFORE the Cities hereby agree
1 PURPOSE
The purpose of this agreement is to confirm the decision made between the Cities for the
identification of PAA boundaries
2 DEFDGTIONS
Potential Annexation Area PAA The incorporated urban area adjacent to a City within
which urban growth shall be encouraged and phased and which is expected to annex to the
city Annexation is expected to occur sometime during the next 20 years at which time the
city will provide services and utilities Potential Annexation Area is another term for a CitysUrbanGrowthArea
Urban Growth Areas Areas proposed by the Cities and desigmated by the County within which
urban growth shall be encouraged and phased and outside of which growth can occur only if it
is not urban in nature A Citys Urban Growth Area is another term for its Potential
Annexation Area
REF Resolution No 2873
September 15 1997
o
Urban Growth Boundary The boundary marking the limit between theurban rowh areas andotherareassuchasruralandresourceareawhereurbangrowthisnotpermittedTheboundaryshallbedesignatedbytheCountyinconsultationwiththeappropriateCitiesunder
the requirement of the Growth Management Act as amended
PUBLIC PROCESS
The designation of PAAs in Exhibit A map attached hereto and by this reference made a partofthisagreementareofinteresttoavarietyofaffectedpartiesincludingpropertyownersarea
residents the general public special service districts and the municipalities
RELATIONSHIP TO EXISTEXG LAWS AND STATUTES
This Agreement in no way modifies nor supersedes existing laws and statues and is consistent
with existing laws and statues In meeting the commitments encompassed in this AgreementallpartieswillcomplywiththerequirementsofthearmexationStatutesOpenPublicMeetingsActStateEnvironmentalPolicyActGrowthManagementActandCountywidePlanningPoliciesforKingCounty
RESPONSIBILITIES
A The Cities acknowledge the PAA boundary described in Exhibit A
B The Cities will only annex territory within their designated PAAs
The Cities shall conduct a public involvement process that includes but is not limited to
workshops surveys or hearings in areas within the PAA prior to the inclusion of anyadditionalareaswithinthePAA
vIENDMENTS
Bo
Do
A city which desires to modifythe Potential Annexation Area shall contact the other
parry to this Agreement to begin discussions regarding Potential annexation area
boundary amendments The Cities agree to participate in such discussions when called
Either Party is authorized to call a meeting upon 30 days written notice
The proposed amendments shall be supported by written evidence of a sigmficantchangeinoneofthecriterialistedinparagraph6DBelowTheCitiesshallconcur
that the substantial change warrants an amendment to the original designated PAA
A public process shall be conducted regarding an amendment to a potential annexation
area as described in 5C above
Criteriafor Designation of Potential Annexation Areas
Recognition of resident community identification
Financial and technical ability to provide municipal services
REF Resolution No 2873
September 15 1997
Creation of logical service areas vehicular accessibility and utility consttucfion
Recognition of physical boundaries
Bodies of water
Topographical features
Watersheds
Freeways
Protection of criticalresource areas significant to a particular jurisdiction
Protection of critical areas
Opportunities for urban separators
Logical boundaries
Elimination of unincoporated islands
No overlapping potential annexation areas
Eo The proposed amended PAA agreement shall be submitted to the respective legislative
authorities for approval
DURATION AND TERMINATION
This Agreement is effective upon signature of both parties and shall continue in effect from
year to year unless terminated by a six month written notice by one parry to the others
SEVERABILITY CLAUSE
Any provision of this Agreement which is declared invalid or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and
effect
INDENhNIFICATION
Ao The City of Kent shall indemnify and hold harrnless the City of Auburn and its officers
agents and employees or any of them from any and all claims actions suits liabilitylosscostsexpensesanddamagesofanynaturewhatsoeverbyreasonoforarisingout
of any negligent act or omission of the City of Kent its officers agents and employees
or any of them in the performince of this Agreement In the event that any such suit
based upon such a claim action lcss or damage is brought against the City of AuburntheCityofKentshalldefendthesameatitssolecostandexpenseprovidedthatthe
City of Auburn reserves the right to participate in such suit if any principle of
governmental or public law is involved If final judgment be rendered against the CityofAuburnanditsofficersagentsandemployeesoranyofthemorjointlyagainstthe
City of Kent and the City ofAuburn and their respective officers agents and employees
or any ofthem the CityofKent shall satisfy the same including all chargeable costs and
attorneys fees
In executing this Agreement the City of Auburn does not assume liability or
responsibility for or in any way release the City of Kent from any liability or
responsibility which arises in whole or in part from the existence or affect of Kent CityordinancesrulesorregulationsIfanycauseclaimsuitactionoradministrative
proceeding is commenced in which the enforceability andor validity of any such Kent
City ordinance rule or regulation is at issue the City ofKent shall defend the same at its
REF Resolution No 2873
3 September 15 1997
10
sole expense and if judgment is entered or damages are awalded aeinst the City ofAuburntheCityofKentshallsatisfythesameincludingallchargeablecostsand
attorneys fees
The City of Auburn shall indemnify and hold Iiarrnless the City of Kent and its officers
agents and employees or any of them from any and all claims actions suits liabilitylosscostsexpensesanddamagesofanynaturewhatsoeverbyreasonoforarisingout
of any negligent act or omission of the City of Auburn its officers agents andemployeesoranyofthemintheperformanceofthisAgreementIntheeventthatanysuchsuitbaseduponsuchaclaimactionlossordamageisbroughtagainsttheCityof
Kent the City of Auburn shall defend the same at its sole cost and expense providedthattheCityofKentreservestherighttoparticipateinsuchsuitifanyprincipleof
governmental or public law is involved If final judgment be rendered against the CityofKentanditsofficersagentsandemployeesoranyofthemorjointlyagainsttheCityofKentandtheCityofAuburnandtheirrespectiveofficersagentsandemployeesor
any of them the Cit3 ofAuburn shall satisfy the same including all chargeable costs and
attorneys fees
In executing this Aeementthe City of Kent does not assume liability or responsibilityfororinanywayreleasetheCityofAuburnfromanyliabilityorresponsibilitywhich
arises in whole or in part from the existence or affect ofAuburn City ordinances rules or
regulations If any cause claim suit action or administrative proceeding is commenced
in which the enforceability andor validity of any such Auburn City ordinance rule or
regulation is at issue the City of Auburn shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the City of Kent the City ofAuburn
shall satisfy the same including all chargeable costs and attorneys fees
ADSIhNISTRATION
This Agreement shall be administered by
A The Mayor of Kent or the Mayors designee and
B The Mayor of Auburn or the Mayors designee
CITY OF KENT
ayWfite t
or
CITY OF AUBURN
Charles A Booth
Ivlayor
Date
REF Resolution No 2873
September 15 1997
Aplroved as to Form Approved as toForm
BHSuKENTAGRT
5
REF Resolution No 2873
September 15 1997
0 0
I I Z
Z x C
0 z
Z
I
REF Resolution No 2873
September 15 1997
$
3
!
^^^
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LakeTapps
TACOMAPOINTWELL 2 - 750 GPMWELL 4 - 1200 GPMWELL 6 - 1400 GPM2300 GPM
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183RD AV E
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62ND CT SE
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186TH AV E
27TH STCT E
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170TH AV E
REBECCA AV SE
39TH STCT E
162ND AVCT E
25TH STCT E
184TH AV E
62ND ST SE
39TH STCT E
26TH STCT E
65TH ST SE
184TH AV E
166TH AVCT E
181ST AV E
179TH AV E
2ND ST E
180TH AV E
1
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6 8 T H S T S E
14TH STCT E
61ST ST SE
41ST ST E
65TH ST SE
186TH AV E
25TH STCT E
178TH AV E
170TH AV E
LINDSAY AV SE
1 8 2 N D A V E
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OLIVE AV SE
66TH ST SE
1 8 4 T H A V E
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176TH AV E
164TH AVCT E
Bonney Lake Water SystemLeak Detection Project
0 0.25 0.5 0.75 1
Miles I
February 12, 2014
Area 1
City of Bonney Lake
Well & SpringWater Source = 3
Emergency Intertieand Flow Direction = 1
^
!Water Tank = 1
Water Main = 50.77 Miles
Bonney LakeWater Service Area
Tax Parcel
Bonney Lake City Limits
Pierce/King County Boundary
Private Road Edge
Public Road
#*Fire Hydrant = 455
3A
Auburn City Limits
Sumner City Limits
$Booster Pump Station = 1
Pressure ReducingValve = 3M
Valve = 19233
Sample Station = 167
Blow Off = 117m
Air Vac = 127O
Water Main MaterialNULL = 1.677 MilesCl = 1.870DI = 42.49GALV = 0HDPE = 0.108PVC = 0.647STL = 3.949C900 = 0.020
Water Main Diamater (Inches)NULL = 1.677 Miles2 = 0.6484 = 3.1086 = 5.3228 = 25.23510 = 0.10112 = 13.64216 = 1.036
Border between City of Auburn
and Bonney Lake Water Service
Areas per description in Resolution
3018 dated Nov. 17, 1998
Tract "E"
Tract "D"
Section 6-20-05
The most southerly corner
Lot 62 Plat of Verona
Exhibit "B"
ROS 9809145005
ROS 9809145005
Border between City of Auburn
and Bonney Lake Water Service
Areas per description in Resolution
3018 dated Nov. 17, 1998
Map updated 12-01-2014
0 400 800
Lake Tap
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NE Corner of
Section 6-20-05
NW corner of
Lakeland Phase IV
Heatherwood at
The Southwest corner of
Lot 13 Lakeland Division 1
Phase 3
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