Loading...
HomeMy WebLinkAbout4902 (2) RESOLUTION NO. 4 9 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A MASTER AGREEMENT/PROVISIONS FOR MUNICIPAL UTILITY SERVICES ON TRUST LANDS, REPLACING AND SUPERSEDING THE AGREEMENT PREVIOUSLY APPROVED AND AUTHORIZED BY RESOLUTION NO 4883 WHEREAS, the City of Auburn has been approached by representatives of the Muckleshoot Indian Tribe with a request for an agreement whereby the City would provide municipal utilities to the Tribe for property being developed by the Tribe, and WHEREAS, representatives of the City and the Tribe have negotiated an agreement that accommodates that request and that addresses the relationship of the City and the Tribe in connection with the provision of such utilities, the terms of which are beneficial to both parties, and WHEREAS, in connection herewith, the Auburn City Council heretofore approved and authorized an agreement for municipal utility services on Tribal or Indian Trust lands through Resolution No 4883, and WHEREAS, following the passage of said Resolution No 4883, representatives of the City of Auburn and the Muckleshoot Indian Tribe discussed some changes to the agreement authorized by resolution No 4883, which changes are acceptable to both the City and the Muckleshoot Indian Tribe NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows Section 1. That the Mayor and City Clerk, or designees, are hereby authorized to execute the Master Agreement/Provisions for Municipal Utility Services on Trust ---------------------------- Resolution No 4902 January 23, 2013 Page 1 of 2 Lands in substantial conformity with the Agreement marked as Exhibit A attached hereto and incorporated herein by this reference, replacing the Agreement approved and authorized by Resolution No 4883 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 o , 2013 TY OF PETER B LEWIS, MAYOR ATTEST k) � Danielle E Daskam, City Clerk APP VED S TO FORM niel B Heid, City Attorney ---------------------------- Resolution No 4902 January 23, 2013 Page 2 of 2 CITY OF t=- . WASHINGTON MASTER AGREEMENT/PROVISIONS FOR MUNICIPAL UTILITY SERVICES ON TRUST LANDS City of Auburn Engineering Division Development Section Public Works Department 25 West Main St. Auburn, WA 98001-4998 (253) 931-3010 FAX (253) 931-3053 Page 1 of 33 MASTER AGREEMENT FOR MUNICIPAL UTILITY SERVICES ON TRUST LANDS The CITY OF AUBURN ("City"), and the MUCKLESHOOT INDIAN TRIBE ("Tribe" - also hereafter referred to in this agreement as "Developer") enter into this Municipal Utilities Service Agreement ("Agreement"), and make the following expressed mutual promises and covenants regarding the Developer's proposed Public Facility Extension ("Extension(s)") The City agrees to accept the Extension(s) for operation and maintenance if the Developer, at the Developer's expense, designs, constructs, conveys and transfers said Extension(s) to the City pursuant to the terms and conditions of this Agreement. This Agreement is valid and binding for the Developer's Extension(s) serving Indian owned lands within the Muckleshoot Indian Reservation and the City of Auburn's municipal water and sewer service area. I. DEFINITIONS For the purposes of this agreement the terms in this Section shall have the following meanings • Public Facilities. City sanitary sewer facilities (sewer mains, manholes, and appurtenances) and water facilities (water mains, service lines between mains and water meters, meter services including setter, meter and box, fire hydrants, and appurtenances) • Utility Right-of-Way Easement. A nonexclusive perpetual right-of-way easement on the Property granting the City the right to operate, maintain, repair, replace, improve, remove, enlarge Public Facilities and the right to access the Property for providing Solid Waste services. • Indian Property. For the purposes hereof, Indian Property refers to residential properties owned by the Tribe or held in Trust by the Bureau of Indian Affairs (BIA) for the benefit of the Tribe or individual Indians. • Utility Services. City water, sanitary sewer, storm drainage, and solid waste services, pursuant to Chapters 13 06, 13.20, 13 48 and 8 08, respectively, of the Auburn City Code (ACC) II. CITY RESPONSIBILITIES Pursuant to the terms and conditions of this agreement the City agrees to* A. Provide municipal Utility Services to the Property in conformance with City regulations governing Utility Services. B Comply with the Utility Right-of-way provisions herein. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 2 of 33 III. TRIBE RESPONSIBILITIES Pursuant to the terms and conditions of this agreement the Tribe shall be responsible for the following: A. Complying with the Utility Right-of-way provisions herein. B Extending Public Facilities in compliance with terms herein. IV. INDIAN PROPERTY RESIDENT RESPONSIBILITIES Those people who reside on the residential properties of the Tribe and who receive utility services from the City pursuant to this Agreement shall comply with and be subject to, the ACC provisions and requirements for the construction, operation, maintenance, and payment for the above described Utility Services, and their receipt of and eligibility for City Utilities shall be conditioned on and subject to the following: A. City Utility Customers who are residents of Indian Property shall, in advance of the City initiating new City Utility Services or re-initiating previously established City Utility Service that has been cancelled or suspended for nonpayment, deposit with the City the amounts of Utility Service Deposits required for City Utilities. The deposit for residents of Indian Property may be made in the form of cash, cash equivalent, or a bond or guarantee for the deposit amount in a form acceptable to the City, whereby the Tribe is guaranteeing the deposit amount.—Residents of Indian property who cannot pay the deposit amount, or provide the City with a bond or guarantee of the deposit amount by the Tribe in a form acceptable to the City, may request that the City grant a full or partial waiver(s) to the Utility Customer from the deposit requirement because of special humanitarian or health circumstances. The City shall have the sole discretion to grant such waivers, and determine if they shall be full or partial waivers. If the waiver is granted by the City, no deposit or only a reduced deposit shall be required. B City Utility Customers who are residents of Indian Property shall agree to pay, and shall execute documents evidencing such agreement to pay, the utility bills in accordance with the requirements of Chapter 8 08 [Solid Waste Utility], Chapter 13 06 [Water Utility], Chapter 13.20 [Sewer Utility] and Chapter 13.48 [Storm Drainage Utility] of the Auburn City Code(ACC).1 V. EXTENSION FEES City of Auburn Ordinance No 5819 amended ACC13 40 050, Utility Extension Fees, so that fees for private streets or private drainage associated with Planned Unit Developments or Gated 1 The form of the Agreement for Payment of Utilities shall be in a form devised by the City, such as the sample set forth herein as Exhibit"F" APPLICATION FOR UTILITY SERVICE &DEPOSIT AGREEMENT, Provided that the City reserves the right to modify or amend the Agreement as it deems advisable, to accomplish the purposes intended. Agreement for Municipal Utility Services FAC11-OOXX Name Date: ,20 Page 3 of 33 Communities can be included in the Facility Extension Fees. The Developer agrees to pay applicable City Utility Extension Fees as calculated by the City in accordance with applicable City Codes, generally as indicated herein below in Exhibit D hereto The Developer shall also pay reasonable additional fees to the City in the event the City needs to obtain consulting support services to assist the City when the scope of the Extension is beyond the City's normal area of expertise or the City's ability to review within a reasonable time. Furthermore, the Developer is responsible to pay fees associated with the Valley Regional Fire Authority's (VRFA) review of plans as requested by the City The City will allocate these fees, as established by the Auburn Fee Schedule; at the time the 40% Extension Fee is submitted. If extended review is required additional fees will be collected prior to Construction. VI. CONSTRUCTION DRAWINGS The Developer shall submit construction drawings ("plans") and supporting technical documents designed and developed by a professional engineer registered in the State of Washington to the City for review and approval at the time of application. The plans and supporting materials shall comply with the City of Auburn's Design Standards and Construction Standards for water, sanitary sewer, and storm water drainage utilities. For all work conducted in City streets and rights-of-ways, and for work to be conducted in the portion of any tribal or private road or right of way immediately abutting City streets or rights-of-way, the plans shall also be in compliance with City design and construction standards for City streets and rights-of-way. If design or construction activities on the extension(s) become inactive on the Developer's part for a period of six months, the City may require the plans be revised to conform to existing field conditions, or to meet current City design standards and regulations. The City may also require the execution of a new Agreement, in which case, this Agreement shall become null and void. After all plan reviews have been completed and corrections made, and if all other requirements have been met, the City will request that the Developer/Engineer submit a full set of plans on mylar for City approval and signature. The Developer/Engineer shall also submit AutoCAD electronic files with the mylar. The signed mylar shall then be used to make all plan copies for use during the construction process. VII. UTILITY RIGHTS-OF-WAY EASEMENT At the Developer's expense, a nonexclusive perpetual nght-of-way easement on the Property shall be granted to the City giving the City the right to operate, maintain, repair, replace, improve, remove, enlarge Public Facilities and the right to access the Property for providing Solid Waste services. The Utility Right-of-way or Easement shall be in a form acceptable to the Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 4 of 33 City Recording of the Utility Right of Way or Easement shall take place upon acceptance by the City of affected Public Utilities. VIII. PAYBACK AGREEMENT The City may enter into a Payback Agreement, if applicable, with the Developer pursuant to the requirements of RCW 35 91, RCW 35 72, and ACC 12.70 and 13 40.060. The Developer must submit a complete application to the City no later than 90 calendar days of the acceptance of the facility improvements. The City shall not consider an application for a payback agreement that is submitted later than 90 days after acceptance of the facility improvements. If the City has agreed to a warranty acceptance as provided for in Section XIII of this Agreement, the Developer must file an application for a payback agreement no later than 90 days after the warranty acceptance date for those improvements accepted under the warranty application, and no later than 90 days after final acceptance for the remaining improvements. After a complete application has been accepted the City will then work with the Developer to determine the appropriate cost allocation method and evaluate the eligibility of the submitted costs. A standard form of the agreement and an application handout outlining the payback process are available upon request. IX. INSURANCE Throughout the period of performance of this Agreement for all construction related activities, the Developer or Contractor shall carry and maintain commercial general liability insurance with limits of not less than one million dollars ($1,000,000 00) per occurrence for bodily injury, including death, and one million dollars ($1,000,000.00) per occurrence for property damage or, alternatively, one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage combined, and two million dollars ($2,000,000.00) general aggregate. This insurance shall be in a form and with an insurer acceptable to the City, and shall contain coverage for all premises and operation, broad form property damage, contractual liability (including without limitation that specifically mentioned in the Agreement, and products and contemplated operations insurance. This insurance shall provide coverage for explosion, collapse, underground excavation, and lateral support. Any policy or policies that provide the insurance required in this Agreement shall name the City as an additional insured on a separate endorsement, to the extent of the contractual obligations set forth here. If the Contractor, as the Agent of the Developer, provides the required insurance, then such insurance shall name both the Developer and the City as additional insured. Before the beginning of the period of performance under this Agreement, the Developer shall provide for City review and approval, a certificate of insurance reflecting full compliance with -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 5 of 33 the requirements set forth in this Agreement. The certificate shall be kept current and in compliance throughout the period of performance until final acceptance by the City(and for two years thereafter for products and contemplated operations liability), and shall provide for 30 days advance written notice to the City if cancellation or material change adversely affect the interests of the City Throughout the period of performance of the Agreement, the Developer shall cover or maintain insurance in compliance with the applicable worker's compensation laws, with respect to all of its respective employees working on or about the facility site, regardless of whether such coverage or insurance is mandatory or merely elective under the law For the purposes hereof, the period of performance of this Agreement includes and refers to the time during which any party hereto is obligated to perform tasks required herein. X. INDEMNIFICATION The Developer shall defend, indemnify and hold the City, its elected and appointed officials, employees, and agents harmless from any actions, causes of action, liabilities, claims, suits, judgments, liens, awards, demands, and damages of any kind including, ,property damage, personal injury, or death (including any claims brought by employees of the Contractor or any subcontractor) arising out of or in connection with the performance of this Agreement, to the extent that such claims arise out of the negligent act or omission or willful misconduct of the Developer, Contractor, any subcontractor, or their employees arising out of, or in any way related to, their performance of the Agreement, including without limitation the provision of services, personnel, facilities, equipment, support, supervision or review. The City shall be indemnified and held harmless for all expenses, costs of litigation, and reasonable attorney's fees, expert witness fees, and costs of services of engineering and other personnel related to any such action, or incident to establishing the right to indemnification, to the extent such claims arise from any negligent act or omission or willful misconduct of the Developer, Contractor, any subcontractor, or their employees arising out of, or in any way related to, their performance of the Agreement, including without limitation the provision of services, personnel, facilities, equipment, support, supervision, or reviews. The City's obligations herein are subject to judicial, legislative, and regulatory restrictions beyond the City's control (Including, but not limited to the Endangered Species Act) The applicant releases the City from any and all direct or indirect liability or damages related to actions beyond the City's control. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Developer and the City, its officers, officials, employees, and volunteers, the Developer's liability hereunder shall be only to the extent of the Developer's negligence. The Developer expressly waives any immunity under industrial insurance, whether arising from RCW Title 51 entitled "Industrial Insurance" or any other statute or source as provided in Article IX solely for the benefit of the City and solely to the extent of the indemnity set forth in this Agreement. This waiver has been mutually agreed by -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 6 of 33 the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. The Developer shall, at the City's request, furnish comprehensive evidence that all obligations of the nature designated in this agreement have been paid, discharged, or waived. XI. CONSTRUCTION All of the following applicable conditions shall be satisfied before a notice to start construction will be issued to the Contractor- A. Approved Plans have been copied and distributed to all applicable parties and the signed original mylars returned to the City(see Article VI herein) B Attend a Pre-construction Meeting between the City and the Developer's contractor C Provide a Performance Bond or Assignment of Funds to the City in an amount and fashion that would adequately cover any work needed in any City right-of- way or on City utility lines. D Provide Certificate of Insurance to the City naming the City (and Developer if Contractor supplies insurance) as an additional insured (see Article IX herein) E. Non-Indian Contractors Possess an Active Contractor's Labor & Industry license; and Indian Contractors Possess an Active Contractor's Labor& Industry license if they are going to do any work in or on the City's right-of-way or City utility lines. F Provide an Emergency Call List for Contractor and Subcontractors. G Obtain a Business License with the City for all non-Indian contractors and subcontractors when working within the City limits, and for all contractors and subcontractors who will do any work in or on the City's right-of-way or City utility lines. H. Obtain Authorized Construction Period for construction work to be completed within the existing public right-of-way (see additional information in Article VII herein), if applicable. I. For work outside of Auburn's City limits, adequate County permits/approvals must be in place. The City will apply for the right-of-way permit(s) once plans are approved. J If sewer extension, King County Waste Water Treatment Division approval is needed. The City will submit for approval, once plans are approved. K. Provide Proof of Contract for Private Utility Relocates. The Developer acknowledges the obligation to enter into a separate contract, at the Developer's -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 7 of 33 expense, to relocate private utility facilities as necessary to comply with City Standards where applicable. The City shall provide part-time inspection of the public and private Extension, to assist in determining that the work and materials meet the City's design standards and construction standards. The City shall also assist the Developer in complying with the present City rules, regulations, and resolutions and the terms of this Agreement. This assistance does not relieve the Developer of responsibility for complying with the plans, specifications, or terms of this Agreement, or any rules and regulations imposed by the City, County, or other agencies. All construction performed by the Developer shall be in compliance with City design and construction standards for water, sanitary sewer and storm drainage utilities. For all work conducted in City streets and rights-of-ways, and for work to conducted in the portion of any tribal or private road or right of way immediately abutting City streets or rights-of-way, the work shall also be in compliance with City design and construction standards for City streets and rights-of-way The Developer shall be responsible for acquiring the City's Construction Standards and having a copy on-site during construction. The Developer agrees to comply with all Federal, State, County, and City regulations applicable to the Developer while construction is in progress in public rights-of-way For public extensions that include construction within the existing public right-of-way or work on City utility lines, the City shall determine a reasonable time frame in which the Developer will complete all work within the existing right-of-way, including final clean up This time frame shall be the Authorized Construction Period for such work, and it shall be designated in calendar days and will be determined at the pre-construction conference. The Authorized Construction Period shall start when work first begins on this phase of the project or on a date specific set to minimize any public inconvenience. If the required work is not completed within the allotted time, the City will suspend all public and private Extension-related work other than those activities necessary to complete the required right of way improvements. If the restoration of the existin g p ublic right-of-way is not completed within the time period defined above, the Developer agrees that the City may hire an independent contractor to complete the necessary work and bill the Developer for the actual costs. The City has the authority to decide all questions regarding the quality and acceptability of the materials furnished and of the work performed for the construction of the improvements. The City shall also have the authority to suspend construction work, in whole or part, for the failure of the Developer/Contractor to carry out the work in conformance with City development regulations, City construction standards, and approved plans. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 8 of 33 The Developer's contractor shall make a written request to the City a minimum of 72 hours in advance when work is to be performed on Saturdays, Sundays, Holidays, or other than normal working hours. Written permission from the City shall be required before the contractor is allowed to work during any such requested hours. Approval of the contractor's request shall be dependent on the City's ability to provide adequate construction project monitoring during the requested time. XII. ACCEPTANCE OF EXTENSION FOR OPERATION AND OWNERSHIP The City agrees to accept the Extension for operation and ownership upon approval of the completion of all the facilities and the full compliance of the terms and conditions of this Agreement, including the following requirements A. Approved Maintenance Guarantee(see Section XIII herein) B. Executed Bill of Sale (see Section XIV herein) C Certified and Approved Record Construction Drawings on Mylar & a copy of the Electronic CAD Drawing File(s) (see Section XV herein). D. Executed Public Utility Right of Way or Easement (see Section XVII herein and Exhibit A). E. Approved Developer Contribution Document provided for all facilities involving work in City right-of-way or on City utility lines (see Section XIV herein) F Final Storm Water Site Plan (Report) and Cover Letter. This letter shall address any changes between the project's original storm water site plan (report) and the final construction of detention/retention and water quality facilities (see Section XVI herein). Upon approval and acceptance, the City shall send a letter to the Developer accepting the system for ownership and operation. If a Payback Agreement is applicable, the Developer will be required to provide the City with cost data within 90 calendar days of project acceptance. The City will provide sample cost data documentation for information. The City shall release the Performance Guarantee, if applicable, to the Developer within 30 days of the letter of acceptance. XIII. MAINTENANCE GUARANTEE Before the City accepts the public portion of the Extension for operation and ownership, the Developer shall provide a one-year Maintenance Guarantee in the amount of two thousand dollars ($2,000.00) or ten percent (10%) of the City's estimated replacement costs of the -------------------------------------------------------------- Agreement for Municipal Utility Services FACI 1-OOXX Name Date: ,20 Page 9 of 33 improvements, whichever is greater For some facilities, the City may require the Developer to provide a Maintenance Guarantee beyond the one-year period. If the City elects to so require, the City shall notify the Developer before the start of construction. Two forms of Maintenance Guarantees are acceptable: 1) a Maintenance Bond or 2) an Assignment of Funds. Any request to use other forms of Maintenance Guarantee will be determined on a case by case basis by the City Engineer The Developer may designate an Agent, such as a contractor or engineer, to provide the required Maintenance Guarantee to the City In such event, the Developer shall remain responsible for the contractual obligations set forth in this agreement. If the Agent defaults on the Maintenance Bond, this authorization for designation of an Agent does not preclude the City proceeding to foreclosure or demanding forfeiture of the bond against the Developer The Developer shall bear the expense of the bond. If at any time a surety on any such bond is declared bankrupt, loses its right to do business in the State of Washington, or is removed from the list of Surety companies acceptable on Federal bonds, the Developer shall substitute an acceptable bond or bonds in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The Developer shall pay all premiums on these bonds. The Assignment of Funds will be in a required amount held in a Financial Institution acceptable by the City and secured under the use of the City of Auburn Standard Assignment of Funds form. During this maintenance guarantee period, the Developer shall warrant that the materials and equipment furnished by the Developer for the Extension are in normal working order and condition except where abused or neglected by the City The Developer shall guarantee that it will repair or replace at its own expense any work or material that proves to be defective during such warranty period. Two months prior to the end of the maintenance guarantee period (usually one year), the Developer will be required to have all public sanitary sewer and storm lines cleaned and then inspected with a remote television unit by an approved firm, at Developer's expense. The video will then be compared to the tape made prior to acceptance to ensure that no substantial change has occurred. The City shall then re-inspect the Extension for warranty compliance. If this re- inspection determines that the Extension functions as intended at the time of acceptance, the City shall release the Maintenance Bond. If the re-inspection determines that the Extension is not functioning as intended at the time of acceptance, the Developer shall replace or repair said Extension and the City, at its option, may extend the maintenance period for such replacement or repair for another one year. After an acceptable maintenance inspection, the City will release the Maintenance Bond and accept the facility for maintenance. XIV. BILL OF SALE -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: ,20 Page 10 of 33 Before the City accepts the public portion of the Extension for operation and ownership, the Developer agrees to execute an approved Bill of Sale (the City will prepare this document, once information is received, for Developer's signature) for the improvements that are to be dedicated to the City The Bill of Sale will provide for the transfer of title of the public portion of the Extension from the Developer to the City and will further include the following items. A. The Developer is the lawful Owner of the public portion of the Extension and it is free from all encumbrances. B The Developer has paid all bills for all labor and material used during construction of the Extension or has obtained lien wavers from all persons who have not been paid for their labor or material. C. The Developer has the right to transfer the public portion of the Extension to the City for the consideration of incorporation into the City system. D The Developer will warrant the public portion of the Extension and defend the same against lawful claims and demands of all persons for one year from the date the Bill of Sale is accepted by the City XV. RECORD CONSTRUCTION DOCUMENTS Before the City accepts the public portion of the Extension for operation and ownership, the Developer agrees to provide the City with certified record construction drawings and related electronic file information. The Certified Record Construction Drawing comes in a two-step process as follows Step 1: The certified paper (red-line) record drawings for all facilities shall be submitted for review and approval using the Engineer of Record as the point of contact. These drawings must accurately reflect all field design revisions made to the Extension during the construction process. The changes shall be in conformance with the City's record construction drawing requirements, available upon request from the City. The revisions shall be noted on the approved paper plan set. Step 2: Once the City approves the certified paper (red-line) record drawings, then all required record drawing information shall be clearly shown on the original approved mylars. The electronic record drawing file shall also be provided at this time. XVI. FINAL STORM WATER SITE PLAN (REPORT) A certified and final storm (drainage) water site plan (report) and cover letter will also be required. Document the as-constructed changes to the storm improvements, not included in the original approved report. Record construction document requirements are available upon request from the Public Works Department. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: 20 Page 11 of 33 It is provided, however, that insofar as the Developer provides Low Impact Development, as defined in the ACC, the Developer shall be entitled to the fee structure and adjustments included therewith. The City and Tribe further agree that should the Tribe in the future desire to provide comparable municipal solid waste service to Indian property within Auburn's utility service area, the Tribe and the City will engage in good faith discussions on the discontinuance of City solid waste service to persons on Indian property eligible to receive tribal solid waste service. XVII. PUBLIC UTILITY RIGHTS OF WAY OR EASEMENTS The plan approval process may require providing utility rights of way or easements(s) for the facility extension. The Developer shall provide a legal description and an exhibit of the affected property, an updated title report, plat certificate (current to within 30 days), or other documentation acceptable to the City demonstrating its authority to convey a utility right of way or easement, and documentation of signatory authority (whether representative, individual, partnership or corporation) All legal descriptions must be signed and stamped by a professional Land Surveyor The City and Tribe will then draft the required legal documents and return them to the Developer for signatures and approval by the Bureau of Indian Affairs. The signed documents shall then be returned to the City where, concurrent with City acceptance of the utility improvements the documents will be sent to the Bureau of Indian Affairs and King County for recording. If during construction, changes are made that affect the right-of-way dedication and/or easement(s), corrections will be made and the documents will be re-recorded. NOTE. • King County or Pierce County Recorder's offices require a specific format on submittals. All attachments submitted shall be provided electronically in the following formats; Legal Descriptions in MS Word, and Exhibits in AutoCAD PDF is also acceptable provided the county specific format is followed. All attachments shall be formatted to 81/2x 11-inch and 8 % x 14-inch paper size and have a minimum margin of 1-inch top, bottom and sides. Use of 8 'h x 14-inch paper size shall be limited to exhibit attachments. • Any writing or markings, including the notary stamp, which intrudes into the document's margin area, may be cause for the document to be returned. Original documents used for recording shall not be stapled. XVIII.SERVICE CONNECTIONS There will be no water meter installation or usage of the public portion of the Extension before the City accepts the Extension for operation and ownership or the Developer has entered into the Warranty Acceptance of Partial Extension(Alternative Process), as described above. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date- 120 Page 12 of 33 The Developer shall notify the City in writing of any intent to make service connections to the public portion of the Extension or any existing City system. No connections to, nor utilization of, the public portion of the Extension or any existing City system shall be made without the express written consent of the City Note that certain other utility permit fees and system development charges may be required prior to service connection. In addition, the City shall supervise all service connections. Connections to and utilization of the public portion of the Extension shall not relieve the Developer of the obligation to correct defects in labor or materials as provided in the Maintenance Bond section of this Agreement. All City-authonzed connections shall be subject to the control, use, and operation of the City, which shall be subject to all regulations and conditions of service. XIV. DEVELOPER CONTRIBUTION DOCUMENTATION As per ACC 13 40 040, a written statement as to the actual cost of the public utility and street extension(s) shall be provided at the time the public utility extension(s) is turned over to the City This is to be turned in on the Developer Contribution Document at the time the Bill of Sale and/or Record Drawings are turned in. XX. STATE LAW REQUIREMENTS Nothing herein shall be construed as to limit the City of Auburn's ability to take such actions as it deems necessary to comply with the requirements of Washington state law in implementing this Agreement,, provided that, nothing herein shall be deemed as granting or expanding the jurisdiction of the City of Auburn to regulate the use of Indian lands or Indian activity within the Muckleshoot Indian Reservation, or the City of Auburn's authority to tax Indian lands or activities. XXI. AGREEMENT ALTERATIONS OR AMENDMENTS No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver Any waiver by any party of any default of the other party shall not effect or impair any right ansing from any subsequent default. Nothing herein shall limit the remedies or rights of the parties under this Agreement. XXII.ASSIGNMENT BINDING ON SUCCESSORS AND ASSIGNS Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto No assignment or transfer oCany interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: 20 Page 13 of 33 This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties, except as provided in Article XXIII. The tenants and occupants of the residences to be served by the Grantee's utilities shall execute an agreement agreeing to be bound by the terms hereof, including the provisions of Article XXV, Governing Law, and agreeing to comply with the utility payment obligations in accordance with City of Auburn City Codes. XXIII. NO THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the Parties and the owners and occupants of residences served by City utilities who have executed an agreement to be bound by the terms of this Agreement. No third party other than an owner or occupant of a residence who has executed an agreement to be bound by this Agreement shall be entitled to claim or enforce any rights here under. XXIV. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. XXV. GOVERNING LAW This Agreement and the rights of the parties hereunder, including actions to enforce the terms of this Agreement and actions to collect monies due as utility payments including utility deposits provided in connection herewith, shall be governed by the interpreted in accordance with applicable provisions of the Auburn City Code and the laws of the State of Washington and venue for any action hereunder shall be in the courts of King County State of Washington in which the project is located, provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the final acceptance date of the Extension or, if the City declines to accept the extension, the date of the letter from the City declining to accept the Extension. The Developer (Muckleshoot Indian Tribe) does hereby expressly waive its right to sovereign immunity and its right to assert sovereign immunity defense in the courts of the State of Washington for the limited purpose of any legal claim or complaint for the interpretation and/or and/or enforcement of this Agreement, and/or for any complaints or counterclaims for monetary damages or equitable relief for any breach of this Agreement, and/or for the enforcement of any -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: ,20 Page 14 of 33 final judgment by any court of the State of Washington regarding such matters. This limited waiver of immunity is solely for the benefit of the City of Auburn for the purposes stated herein, and the Tribe does not waive its sovereign immunity as to any party other than the City. XXVI. SEVERABILITY AND SURVIVABILITY If any provisions of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement. To this end, the provisions of this Agreement are declared to be severable. In addition to the length of time elements of this agreement remain in force and effect, some provisions hereof shall remain in full force and effect indefinitely, for as long as utility services are provided by the City to the property owned by or under the influence or control of the Developer, including, but not limited to the obligations to pay City Utility Fees and Indemnify the City per Article X. XXVII. ATTORNEY FEES In the event of litigation or other legal action to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. XXVIII. CAPTIONS, HEADINGS AND TITLES All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 15 of 33 XXIV. ENTIRE AGREEMENT This Agreement with Exhibits A through D contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. DATED this k� day of --- , 2012. CIT F A U Peter B. ewis, Mayor -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 16 of 33 STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that o me known as the-C4y- -Engmeer representing the City of Auburn' is o , who acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned to this instrument. Dated'C`«c„c CA`Mp '41, Notary Public in and for the State of Washington ,: -'�wN A!" ,, residing at 2P N � My appointment expires (\carte �o��, =rte .1" k" (a fo ; its s yp Al it,X4-0921 -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: 120 Page 17 of 33 SIGNATORY- INDIVIDUALS DATED this day of , 20 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said individuals(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: 120 Page 18 of 33 SIGNATORY- PARTNER DATED this day of , 20 STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said partner(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: ,20 Page 19 of 33 SIGNATORY- TRIBAL DATED this 1ST day of W)Aey-- , 201> .C.cv Chairp son STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Y y C ti. C\`c. ejmss is the person who appeared before me, and said person ac cnowledge that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Chairperson of the Muckleshoot Indian Tribe, a federally recognized Indian tribe, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 311 I Zp Al, Notary Public in and for the State of Washington S10,V1111, j;'%, residing at �JC• �0 My appointment expires dL ll'''+►iwAS��N������ -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 20 of 33 SIGNATORY—TAX EXEMPT AGENCY DATED this day of , 20 Representative STATE OF WASHINGTON ) )ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Representative of , a Tax Exempt Agency, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires -------------------------------------------------------------- Agreement for Mumcipal Utility Services FAC 11-OOXX Name Date: 120 Page 21 of 33 SIGNATORY- LLC DATED this day of , 20 Authorized Signature Authorized Signature STATE OF ) )ss. COUNTY OF ) I certify I have know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the of the ' a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Notary Public in and for the State of Washington residing at My appointment expires -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: 120 Page 22 of 33 i EXHIBIT A GRANT UTILITY SERVICES EASEMENT FOR RIGHT OF WAY ON TRUST LANDS REFERENCE#- GRANTOR. THE MUCKLESHOOT INDIAN TRIBE GRANTEE CITY OF AUBURN SHORT LEGAL. NE '/ SE % SEC 20, TWN 21N, R5E ASSESSOR'S PROPERTY TAX PARCEL. 202105-9001 TRUST ALLOTMENT#• 109-2 For and in consideration of the CITY OF AUBURN'S Agreement to provide municipal water sanitary sewer, storm drainage and solid waste services to lots adjacent to this Right of Way, One Dollar ($1 00) and other valuable consideration in hand paid, THE MUCKLESHOOT INDIAN TRIBE ("Grantor" herein), hereby apportions, conveys and warrants to THE CITY OF AUBURN, a Washington Municipality ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual municipal utilities right-of-way easement over, under, along, across and through the following described real property (the "Property" herein) in King County, Washington. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property(the"Right-of-Way" herein) described as follows. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Grantor also conveys to Grantee all of its right, title, and interest in the water service lines, meters, valves, and other portions of the water distribution system located within the Right of Way. 1. PURPOSE. In order for the City of Auburn to provide municipal utilities to properties that are held in Federal Trust status, the parties to this agreement hereby set forth the terms and conditions that are required for such services to be provided. Grantee shall have the right to operate, maintain, repair, replace, improve, remove, enlarge one or more water distribution or sanitary sewer utility facilities to include but are not limited to underground pipes, -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: ,20 Page 23 of 33 lines, vaults, manholes, meters and valves within the easement defined in Exhibit D for the purposes of serving the properties described in this agreement. The Utilities shall be designed and constructed in conformance with the City of Auburn Design and Construction Standards to secure the payment of all City utility fees & charges for existing and new developments on Federal trust lands within the city, the city will establish a security account that will be applicable to all new utility accounts effective with the date of approval of this agreement. 2. SPECIFIC PROVISIONS. The parties agree to the following terms GRANTOR AGREES A. The Grantor agrees to construct all Utilities and upon acceptance by the City, grant ownership to the Grantee. B. The Grantor agrees all Utilities shall be designed and constructed in accordance to City of Auburn Design and Construction Standards. C The Grantor agrees to obtain all permits and approvals from the Grantee for the extension of the Utilities including water connection permits, sanitary sewer connection permits and the execution and compliance with the Public Facility Extension Agreement. D. Conservation. Grantor will be responsible for any and all soil and resource conservation and protection measures, including weed control, on the land covered by the Right-of-Way GRANTEE AGREES: A No Compensation; Damages. Grantee owes no compensation to Grantor or any third parties for the rights herein granted. B Indemnification. Grantee agrees to indemnify the Grantor, against any liability, personal injury and property damage to the extent caused by the negligent acts or omissions of Grantee in the re-construction, maintenance, occupancy or use of the Right-of-Way by Grantee, its employees, contractors and their employees, or subcontractors and their employees. Provided, however, that nothing herein shall require Grantee to indemnify, defend, and hold the Grantor, harmless for any such liability attributable to the negligence of the Grantor C. Restoration. Grantee agrees to restore the easement area as nearly as reasonably possible to their original condition upon the completion of construction or maintenance activities to the extent compatible with the purpose for which the -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: 120 Page 24 of 33 Right-of-Way was granted, however, Grantee has no obligation for preservation or repair beyond the area directly impacted by said activities D Revocation/Abandonment/Termination. Grantee agrees that upon termination of the Right-of-Way by mutual consent Grantee shall, be responsible for abandoning the utility services in place. 3. USE. Grantor reserves the right to use the Right-of-Way for any purpose not inconsistent with the rights herein granted and Grantee agrees not to interfere with the use of the lands by or under the authority of the landowners for any purpose not inconsistent with the primary purpose for which the Right-of-Way is granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Right-of-Way. Grantor's use of the Right-of-Way may include, but is not limited to, use for an existing or future Tribal or Bureau of Indian Affairs roadway and for the installation, operation and transmission of utility services by third parties, including Tribal utilities once by mutual consent the parties agree to terminate City utility services. 4. ACCESS. Grantee shall have the right of access to the Right-of-Way over and across the Easement Property to enable Grantee to exercise its rights hereunder, provided that Grantee shall reasonably compensate Grantor for any damage to the property caused by the Grantee in exercise of such right of access. To the extent reasonably practicable, Grantee shall use Grantor's right of way for such access, and shall utilize portions of the Property outside Grantor's right of way only when and to the extent additional access is reasonably necessary or in the event of an emergency 5. CUTTING OF TREES. Grantee shall have the right to cut or trim any and all brush or trees or other vegetation standing or growing upon the Right-of-Way pursuant to section 2(e) above. However, any trees upon property outside of this Right-of-Way which, in falling, could in Grantee's reasonable judgment, be a hazard to Grantee's facilities may not be cut absent permission of the property owner, except in the case of any overhead facilities, if any, Grantee reasonably believes an emergency exists that requires the cutting of such trees. 6. SUCCESSORS AND ASSIGNS. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests ansing in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 7. TERMINATION AND ABANDONMENT. This Right of Way may be terminated or abandoned as follows: -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: 120 Page 25 of 33 A. The rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Way for a period of two (2) successive years, in which event this agreement shall terminate and all rights hereunder, and any improvements remaining in the Right-of-Way shall revert to or otherwise become the property of Grantor B The Right of Way may be terminated by mutual consent in a written agreement. 8. GRANTOR'S LIMITED WAIVER OF SOVEREIGN IMMUNITY. Grantor voluntarily grants Grantee a waiver of its sovereign immunity and its right to assert a sovereign immunity defense in the Courts of Washington for for the limited purpose of any legal claim or complaint for the interpretation and/or enforcement of this agreement, and/or for any complaints or counterclaims for monetary damages or equitable relief for any breach of this agreement, and/or for the enforcement of any final judgment entered by any court of the State of Washington regarding such matters. Grantor consents to jurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to this agreement and/or their affected officers, officials, and employees concerning the interpretation of this agreement, enforcement of any of its provisions, and any complaints or counterclaims for monetary damages and/or equitable relief for any alleged or actual breach of any provision of this agreement and/or for the enforcement of any final judgment entered by any court of the State of Washington regarding such matters. The limited waiver of sovereign immunity set out in this paragraph is solely for the benefit of Grantee. This agreement is not intended to and shall not be interpreted or construed to create any rights, benefits or interests in any person or entity other than the parties hereto DATED this day of 52012. GRANTOR. The Muckleshoot Indian Tribe By Title• -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 26 of 33 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of THE MUCKLESHOOT INDIAN TRIBE that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said TRIBE for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument on behalf of THE MUCKLESHOOT INDIAN TRIBE. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of No tary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires Notary seal, text and all notations must be inside I" margins APPROVAL. United States Department of the Interior Bureau of Indian Affairs Approved pursuant to 209 DM 8, 230 DM 1, 3 IAM 4, 4a. BY: TITLE• -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 27 of 33 I EXHIBIT B LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT ATTACHED AND ADDED AS THE NEXT PAGE -------------------------------------------------------------- Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 28 of 33 EXHIBIT C SURVEYOR'S EASEMENT AND LEGAL DESCRIPTION EXHIBIT ATTACHED AND ADDED AS THE NEXT PAGE -------------------------------------------------------------- Agreement for Municipal Utility Services FACT I-OOXX Name Date: ,20 Page 29 of 33 EXHIBIT D PUBLIC FACILITIES EXTENSION FEES The Public Facilities Extension Fees shall be generally calculated as followS•2 The extension fee shall be the greater of the sum of the categories (a+b+c+d) as shown below, for a total of $ (the amount of the extension fee shall be as calculated per the formulas below) This fee pays for the detailed plan review, field inspections and other City Administrative costs accrued during this project. The fee is based on the preliminary plan information provided by the Developer. The parties agree that the City may require an adjusted fee in addition to the fee calculated in this section based on the final improvement quantities at the time of approval of the construction drawings if the improvement quantities have changed from those indicated above. The Developer shall pay forty percent (40%) of this extension fee $ (the amount of the extension fee shall be as calculated per the formulas below) before the City will begin detailed plan review a) For water, sewer, & storm facilities the extension fee is based on the combined linear footage of all utilities and is determined by- The first 0 LF to 1000 LF will be charged at $5.50 per LF plus, The next 1001 LF to 2500 LF will be charged at $2.80 per LF plus, Any additional over 2500 LF will be charged at $165 per LF b) For street facilities the extension fee is determined by: The first 0 LF to 500 LF will be charged at $6 90 per LF plus, The next 501 LF to 1000 LF will be charged at $4 10 per LF plus, Any additional over 1000 LF will be charged at$1 10 per LF 2 It is provided, however, that in the event of any inconsistency or discrepancy between the above provisions and provisions of the Coty Code,the City Code shall control. -------------------------------------------------------------- Agreement for Municipal Utility Services FAC I 1-OOXX Name Date: 120 Page 30 of 33 c) For non-linear extension such as pump stations and traffic signals the extension fee will be determined by the City Engineer based on an estimate of the City's labor cost associated with the plan review, inspection, and administration of the application. d) For that portion of the water and sewer facility located outside City limits, but within existing County(King or Pierce)right-of-way, an additional fee is determined by- $444 00 plus $5 00 per LF of the combined water and sewer extension located in existing County(King or Pierce) right-of-way The remaining sixty percent (60%) of the extension fee $ (the amount of the extension fee shall be as calculated per the formulas above) and any fee adjustment, shall be paid upon approval of the construction drawings and prior to the start of construction. i -------------------------------------------------------------- Agreement for Mumcipal Utility Services FAC11-OOXX Name Date: ,20 Page 31 of 33 EXHIBIT E PERFORMANCE GUARANTEE Before construction starts, the Developer will be required to furnish an approved Performance Guarantee based on one hundred twenty-five percent (125%) of the City-estimated installation costs for the public improvements constructed within the existing City nght-of-way, easements, or when the City Engineer deems it to be in the City's best interest to secure a Performance Guarantee. Two forms of Performance Guarantees are acceptable- 1) a Performance Bond or 2) an Assignment of Funds. Any request to use other forms of Performance Guarantee will be determined on a case by case basis by the City Engineer The Developer may designate an Agent such as a contractor or engineer to provide the required Performance Guarantee to the City. In such event, the Developer shall remain responsible for the contractual obligations set forth in this Agreement: The Performance Bond in a penal sum equal to a minimum of the amount described above shall be conditioned upon the performance by the Developer of all undertakings, covenants, terms, and conditions of the Agreement relating to the Extension. The Developer or Agent shall execute such bond and a corporate bonding company licensed to transact such business in the State of Washington, and who are named on a current list of surety companies acceptable as published by the Insurance Commissioner's office, shall act as surety. The Developer shall bear the expense of the bond. If at any time a surety on any such bond is declared bankrupt, loses its right to do business in the State of Washington, or is removed from the list of approved surety companies, the Developer shall substitute an acceptable bond or bonds in the form and sum and signed by another surety or sureties as may be satisfactory to the City. The Developer shall pay the premiums on such bonds. The Assignment of Funds will be in a required amount held in a Financial Institution acceptable by the City and secured under the use of the City of Auburn Standard Assignment of Funds form. I Agreement for Municipal Utility Services FAC 11-OOXX Name Date: ,20 Page 32 of 33 EXHIBIT F CITY OF AUBURN 25 W MAIN STREET AUBURN,WA 98001 APPLICATION FOR UTILITY SERVICE & DEPOSIT AGREEMENT Service Address Phone Own Rent Name of Landlord Mailing Address Applicant One Name Phone Date of Birth Current Employer Employer Phone Employer Address_ Applicant Two Name Phone Date of Birth Current Employer Employer Phone Employer Address In case emergency services are required, and we are unable to locate you, please list a friend or relative whom we could contact: Name Phone Address Uwe agree to pay all required utility deposits and to pay service fees for utilities provided to me by the City of Auburn, including water, sanitary sewer, storm drainage, and solid waste services, pursuant to Chapters 13.06, 13.20, 13 48 and 8 08, respectively, of the Auburn City Code(ACC). I/we further agree to comply with the requirements of said chapters of the ACC If I/we fail to pay bills on a timely basis, Uwe understand that utility service may be discontinued. Should I/we leave the City of Auburn service area with an outstanding utility balance due, or should my service be disconnected/discontinued for non-payment, my deposit will be applied to said outstanding account, and the balance (if any) forwarded to me/us. In case of disconnection for non-payment, I/we understand that full payment of any outstanding balance up to and including the date of disconnection, and service charge(s) will be required in order to have utilities reconnected at the location or for me/us to get utility service at a new location in the service area. Uwe understand that in the event that I/we are renting, our landlord may request information or be notified of the status of my/our account. Uwe further agree that in the event that any action is taken to collect payments due for utility services or for enforcement of any other requirement or obligations of the City utility services, or my/our rights thereto, venue for such action shall be in the courts of King County, Washington. Date Signed Date Signed FOR OFFICE USE Application taken by Deposit Amount$ Date Deposit Received Customer Moved,Applied on Final Bill Date Check# Customer Move,Refunded Full Deposit Date Check# -------------------------------------------------------------- Agreement for Municipal Utility Services FAC11-OOXX Name Date: 120 Page 33 of 33