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Home My WebLink AboutAG 21-079 - HERITAGE WOODS COMMUNITY ORGANIZATIONRETURN TO: PW ADMIN EXT: 2700 ID #: 3912 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DPV: PUBLIC WORKS / Director 2. ORIGINATING STAFF PERSON: EJ Walsh EXT: 3. DATE REQ. BY. 3. TYPE OF DOCUMENT (CHECK ONE): O CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL 0 OTHER IVI U U 4. PROJECT NAME: MOU for Herita e Woods HOA s. NAMEOFCONTRACTOR: Heritage Woods Community Organization ADDRESS: TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: Barbara A Orchard -Carr TITLE: President. 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # : EXP. ^/ / 7. TERM: COMMENCEMENT DATE: TBD COMPLETION DATE: 8. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: n RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: unknown DATE REC' I): 4/2812021 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT �I AW DEFT SIGNATORY (MAYOR OR DIRECTOR)�.� CITY CLERK 1?a ❑ ASSIGNED AG # AWE ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" 'ORIGINALS 1/2020 Memorandum of Understanding Between Heritage Woods Community Organization And and the City of Federal Way Public Works and Parks Departments This Memorandum of Understanding is entered into this 11 day of �" C-n , 2pz \ between the Heritage Woods Community Organization ("HW HOA") located in Federal Way, Washington and the City of Federal Way ("City") for the purpose of defining the responsibilities between the parties related to sidewalk, tree, and landscaping maintenance for the Heritage Woods Division (Division), Plat 9703060148—179176-83, dated March 6, 1997. The parties met on November 5, 2020 to survey the Heritage Woods Division Plat and came to an agreement relating to responsibility for maintenance of sidewalks, trees, and landscaping in Division Right -of -Ways within the Division and adjacent to Military Road. This Memorandum of Understanding clarifies responsibilities outlined on the Plat and within the HW HOA Bylaws. Unless specifically noted, this agreement does not supersede recorded requirements. Parties agree: (a) HW HOA will maintain lawn adjacent to Heritage Woods Park on 23rd Avenue South from Park fence to street; Park entrances at 283rd Place and 24th Place S; adjacent Park property on South 280th Place between Lots 106 and 107; and park property on 26th Avenue South between Lots 101 and 259. (b) HW HOA will maintain lawn and associated irrigation on Military Road Right -of -Way between South 284th Street from Lot 210 to Tract E which includes tracts that border a Wetland Sensitive Area. This also includes the grass planter between the sidewalk and street and the associated irrigation. (c) HW HOA will be responsible for maintaining trees, sidewalk damage as a result of tree roots uplifting sidewalk, and lawn at entrances to the Division located on South 282nd Street and South 284th Street. (d) City will maintain trees and sidewalk within Heritage Woods Park and adjacent Right -of -Way located on 23rd Avenue South; Park entrance and Right -of -Way located at 283rd Place and 24th Place; Park Property Right -of -Way located on 280th Place between Lots 106 and 107 and 26th Avenue South between lots 101 and 259. (e) City will maintain sidewalk and trees located on the Right -of -Way on Military Road between South 284th Street from Lot 210 to Tract E. (f) Homeowners are responsible for performing sidewalk repairs as a result of trees uplifting the sidewalk in the planter strip adjacent to their abutting property per Heritage Woods CCRs, Article D, Section 4; FWRC 4.35.020; FWRC 4.40.020. (g) City agrees to waive the recorded plat requirement requiring a tree in the planter strip at each homeowner's property. Due to the age of the community, a number of the original trees and roots have exceeded the capacity of the planter areas and are damaging the sidewalks and need to be removed. (h) The HW HOA will hire an arborist to assess the trees and sidewalk at entrances to the Heritage Woods Division located on South 282nd Street and South 284th Street, and Homeowners Planter Strip in the Division. The HW HOA and Arborist will review a minimum five-year future growth pattern of existing trees. It may be determined existing trees must be removed to preserve the sidewalks and mitigate future repairs. The HW HOA will work with the Arborist to identify alternate plants to be planted in the planter strip. This Memorandum of Understanding, including all attachments, constitutes the entire agreement between the above -named parties. No waiver, change, modification or termination of this Agreement is valid or binding unless agreed to in writing and signed by both parties. IN WITNESS, the Parties execute this Memorandum of Understanding below, effective the last date written below. CITY OF FEDERAL WAY: By: EJ Watsh, PE; Public Works Director DATE: 5-1 k \ \ ZA z % HERITAGE WOODS COMMUNITY ORGANIZATION By �Sk-h-ww- 4"! , rbara A. Orchard -Carr, President DATE: 8� STATE OF WASHINGTON ) ATTEST: *",R) &A" Stephanie Courtney, CM ity Clerk APPROVED AS TO FORM: �d r J. Ryan Call, City Attorney ss. COUNTY OF i r ) J On this day personally appeared before me to me known to be the I of 40_6 }r1a,e G2A-, 63!r mun%1bA UrG . that executed the foregoing instrument, and acknowledged the said 4istrument to be the fr e and voluntary act and deed of said Heritage Woods Community Organization, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVED��%JIAV4rand official seal this day of r� , 204. L SP 11 �= ��, � Notary's signature tiJIQ4W54ou a �o�'''�, ' .._P Notary's printed name S l-, r' 7p1Q�456 = Notary Public in and ar the State of ashington. ra, r, p = My commission expires 17- (Aoaq �t ti 11, ntir�r•' �� 1111110F W P,e --- f 4/29/2021 Corporations and Charities System ine55Cmrp ris-and Charities Filing System BUSINESS INFORMATION Business Name: HERITAGE WOODS COMMUNrIYORGAN I2ATION UBI Number: 502 ass B88 Business Type: WA NONPROFIT CORPORATION euslness Status: ACTIVE Principal Office Street Address: 720 S 348TH ST STE A2, FEDERAL WAY, WA, 98003-7851, UNITED STATES Pr€nclpal Office Mailing Ad dress: PO BOX 4508, FEDERAL WAY, WA, 98063-4508, UNITED STATES Expiration Date: 08I31l2021 Junsdirtlon: UNITED STATES, WASHINGTON Fnrmatipnl Registratlan Date: 0811 •il1000 Period of 1)uradon: PERPETUAL Inacbve Date: Nature of Susin$ss: CONDOMINIUM ASSOCIATION, HOMEOWNERS ASSOCIATION REGISTERED AGENT INFORMATION Registered Agent Name: MICHAEL PETRAMALO Street Ad dress: 720 S 348TH ST STE A2, FEDERAL WAY, WA, 98003-7851, UNITED STATES Maliirig Address: PO BOX 4508, FEDERAL WAY, WA, 980634508, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL BARB ORCHARtKARR GOVERNOR INDIVIDUAL ]AN IE SM FTH GOVERNOR INDIVIDUAL MELODY GRIFFIN GOVERNOR INDIVIDUAL RYAN LAMAR .GOVERNOR INDIVIDUAL KRISTINA SING GOVERNOR INDIVIDUAL PATTI ARAMBURU htlps:llccfs.sas.we.gov!#lBusinessSearchlBusinessinfoTmation 112 4/29/2021 Corporations and Charities System Back Filing History Name History [ Print Return to Business Search https:Hccfs.sos.wa.gov/#/BusinessSearch/BusinessInformation 2/2