ORD 05-512
--..-..
ORJ)[NANCE NO. OS -!5l~
AN ORIHNANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, GRANTING
TWIN LAKES GOLF AND COUNTRY CLUB, A
NONEXCLUSIVE FRANCHISE TO OCCUpy R1GHTS-
OF-WAY OF THE CITY OF FEDERAL WAY,
WASHINGTON, WITHIN THE SPECIFIED FRANCHISE
AREA FOR THE PURPOSES OF MAINTAINING,
REP AIRING AND OPERATING AN IRRIGATION
SYSTEM WITHIN AND THROUGH THE CITY OF
FEDERAL WAY.
WHEREAS, Twin Lakes Golf and Country Club has requested a franchise from the City
of Federal Way, in order to operate, maintain, and repair an irrigation system within certain
rights-of-way as depicted in Exhibit A attached hereto and incorporated herein; and
I WHEREAS, the City Council of Federal Way finds that it is in the public interest to
/
grant such a franchise, which will specify the rights and duties of Twin Lakes Golf and Country
Club through a franchise; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia for poles,
conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for water,
sewer and other private and publicly owned and operated facilities; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD #05":;- C;/ if __, PAGE I
C-3
---.---.""
Section l. Definitions
Where uscd in this Franchise the following tcrms shall be defined as follows:
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of
the State of Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its ot1lcial capacity.
1.3 "Director" means the Public Works Director, or designee, of the City of Federal
Way Public Works Department.
1.4 "Facilities",means Franchisee's pipes and equipment to be located within the
public right-of-way.
1.5 "FWCC" means the Federal Way City Code.
1.6 "Franchise Area" means rights-of-way located in the City of Federal Way and
- . ) shown in Exhibit A attached hereto, and/or any other areas approved by the Federal Way City
Council and incorporated into this Ordinance via amendment. The Franchisee shall place
Facilities on the rights~of-way in the Franchise Area only and not on any other public property,
owned in whole or in part, leased, or otherwise occupied by the City.
1.7 "Franchisee" means Twin Lakes Golf and Country Club, and its respective
successors and assigns if consented to by the City of Federal Way as provided in Section 25
herein.
. Section 2. Grant/Acceptance
2.1 Grant of Franchise. The City hereby b'Tants to Franchisee the nonexclusive right
to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing,
maintaining, restoring, and repairing Facilities within the Franchise Area. This franchise is
ORD # tJ:'J<:::J(d-~, PAGE 2
c- 4-
specifically limited to the right tor Franchisee to install Facilities owned and operated by
Franchisee.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this
Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless
Franchisee shall, within thirty (30) days after the effective date ofthis Franchise, file with the
City its written acceptance of this Franchise and all of its terms and conditions.
Section 3. Non-Franchise Area City Property
This Franchise do<;:s not and shall not convey any right to Franchisee to install its
Facilities on, under, over, across, or to othe~ise use City-owned or leased properties of any
kind outside the Franchise Area, or to install Facilities on, undcr, over, across or otherwise use
any City owned or leased property within the Franchise Area other than public roads, streets,
avenues, alleys and highways.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten (10) years commencing on the effective date of this
Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. This
Franchise may be renewed for one additional ten (10) year period upon written request of
Franchisee, not more than two (2) years or less than one hundred eighty (180) days priorto the
expiration of the initial term.
Section 5. Location of Facilities
5.1 Location. The Facilities permitted by this Franchise shall be installed
underground. The location of thc Facilities, including. the underground Facilitics and
ORD# OS-S/:J--, PAGE 3
.
C-5
appurtenances, their depths below surface of ground or grade of a right-of-way, and any related
existing equipment to which the Facilities are COllilected shall be depicted on a map and
submitted to the City within: thirty (30) days of the installation of the Facilities. Upon written
request of the City, Franchisee shall update such map to reflect actual or anticipated
improvements to the system. Any such map (or update thereoO so submitted shall be for
informational purposes only and shall not obligate Franchisee to undertakc any specific
improvements, nor shall such map be construed as a proposal to undertake any specific
improvements.
5.2 GIS Data. At such time as Franchisee develops or employs Geographic
Information System ("GIS") technology, Franchisee shall submit the information required in
Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the
--- Franchise Area.
)
5.3 Design Markings. In the event the City desires to dcsign new streets or
intersections, renovate existing streets, or make any other public improvements, Frandlisee shall
at the City's reasonable request, provide thc location of Franehisee's underground Facilities
within the Franchise Area by either field markings or by locating the Facilities on the City's
design drawings, and shall provide all other reasonable cooperation and assistance to the City.
5.4 Utilities. Nothing herein is intended to relieve the parties of their respective
obligations arising under Chapter 19.122 RCW or other applicable law with respect to
determining the location of utility facilities prior to construction.
Section 6. Noninterference of Facilities
Franchisee agrees to maintain its Facilities, perform any and all activities, and exercise
ORD#12:$-:L , PAGE 4
C- h
..' - any and all rights authorized by this Franchise: (1) so as not to unreasonably interfere with the
frce passagc of traffic; (2) in accordance with thc laws of the State of Washington and City
ordinances, requirements, franchise provisions, regulations, resolutions, rules, and policies as
now existing or as hereafter amended; and (3) as required by the Director. This requircment
applies whether or not the work is performed by the Franchisee, its agents, employees,
subcontractors, or other third parties at Franchisee's direction.
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Apolications. Franchisee shall, at its expense, obtain all
,
permits, including rights-of-way permits, and pay all permit fees required by applicable City
ordinances, regulations, resolutions, rules and policies prior to commencing any work within
the Franchise Area. Franchisee permit applications shall show the position and location ofthe
u) proposed facilities to be constructed, laid, installed, or erected at that time, show their relative
position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-
of-way by their Ilames and improvements, such as, but not limited to, sidewalks, curbs, gutters,
shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking
strips, telephone or electric distribution poles, and water pipes existing on the ground to be
occupied, or as required by the Director. The Franchisee shall specify the class and type of
materials to be used, equipment to be used, and mode of safeguarding and facilitating the public
traffic during construction. Materials and equipment shall be in new or like-new condition for
its type and kind. The manner of excavation, eonstruction, installation, backfill, and temporary
structures such as, but not limited to, traffic turnouts and road obstructions shall meet the
standards of the FWCC and be satisfactory to the Director. All traffic control shall be in
ORD # OS-~/o. , PAGE 5
C-7
accordance with the right-of-way permit, and shall be in accordance with the Manual on
Uniform Traffic Control Devices (MUTeD). The Franchisec shall indicate on any peunit
application the time needed to complete the work. The time needed to complete the work is
subject to approval by the City as a condition of the issuance of the pennit or approvaL
7.2 Emergency Exception to Permit ReQuirement. In the event 0 fan emergency in
which Franchisee's Facilities within the Franchise Area arc in a condition as to immediately
endanger the property, life, health or safety of any individual, Franchisee may take action
immediately to correct the ,dangerous condition without first obtaining any required permit so
long as: (I) Franchisee informs the City of nature and extent of the emergency, and the work to
be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as
soon as practicable following cessation of the emergency.
) 7.3 Routine Maintenance. Franchisee shall have the right to conduct routine
--'
maintenance to repair, modify, supplement, replace or upgrade the Franchisee's Facilities,
provided that the Franchisee shall obtain any necessary right of way use pemlit and any other
permits or authorizations required by all applicable federal, state, and local laws, rules and
regulations prior to the performance of any said routine maintenance.
Section 8. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet (100')
without immediately backfilling and compacting to surface grade and city standards; Backfilled
trench areas within a driving lane must be patched, either temporarily or permanently, before the
end ofthe work day in which they have been opened. Trench areas within the right-of-way, but
'not within a driving lane, must also be patched within the time limits specified by the City on
ORD # C)S '510L;-p AGE 6
C-~
the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days
and shall be equal to or bcttcr than the surface condition prior to pennit issuance.
Any asphalt overlay completed within the Franchise Area during the five (5) year-period
inuTIediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee
shall install new asphalt overlay on any street that is open cut, whether in an emergency or
otherwise, for a minimum 0 f one (I) block (approximately 500 feet) in length in both directions
from the open cut, unless qetermined otherwise by the Director.
Within fifteen (15) days of completion of any installation of Franchisee's Facilities
within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a
Professional Engineer licensed by the State of Washington, showing the "as-built" location of
\ the Facilities.
.)
Section 9. Survey Markers and Monuments
Franchisee shall, using a licensed surveyor, inuTIediately replace all markers or
monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee
shall pay all costs associated with such lost, destroyed or disturbed monuments or markers.
Section 10. Surface Markines/Stakes
Prior to Franchisee commencing any excavation work within the Franchise Area that
disturbs any monument or marker, Franchisee shall, using a licensed surveyor, reference all
monuments and markers relating to subdivisions, plats, highways, and other surveys. The
reference points shall be located so that they shall not be disturbed during the Franchisee's
operations under this Franehise. The method of referencing these monuments or other points
ORD#CG_-Sld-~, PAGE 7
C-q
shall be approved by the City before placement. The construction shall be made as
expeditiously as conditions permit, and as directed by the City. TIle cost ofmomunents orothcr
markers lost, destroyed, or disturbed, and the expcnse of replacement of the monuments, shall
be borne solely by the Franchisee. A complete set of reference notes for monuments and other
ties shall be filed with the City.
Section II. Rieht of City to Complete Work
In the event Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulatiqns, standards or policies or with any of the terms ofthis Franchise,
and such noncompliance continues for a period often (10) days after Franchisee receives written
notice from the City regarding the noncompliance, the City may, but in no event is the City
obligated to, order any work completed, including without limitation Franchisee's obligation to
" repair pursuant to Section 13 herein and Franchisee's obligation to remove orrelocate facilities
)
/
pursuant to Section 12 herein. If the City causes such work to be done by its own employees or
by any person or entity other than Franehisee, Franchisee shall, upon the City's written request,
inunediately reimburse the City for all reasonable costs and expenses incurred by the City in
having such work performed, which costs may include the City's reasonable overhead expenses
and attorneys fees.
Section 12. Required Relocation of Facilities
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy
all or any part of the Franchise Area; either above, below, or adjacent to the Facilities; for any
purpose that is not inconsistent with the terms and conditions of this Franchise. The rights
reserved herein include, without limitation, the construction, installation, and/or maintenance of
ORD #02:) ")7;) , PAGE 8
C-JD
any electrical, water, sewer or stoml drainage line, traffic signals, street lights, trees,
landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities,
and other public street improvement projects.
This. Franchise is not an exclusive and Franchise shall not be construed to in any manner
prohibit the City from granting other and further Franchises in, under, over, upon, and along the
Franchise Area, nor fromexercising such other powers and authorities granted to the City by the
Washington State Constitution and general law.
12.2 City's Duties. in the event the City undertakes any work, including necessary
maintenance within a right-of-way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the
City shall:
) (a) Provide written notice of the required relocation to Franchisee within a
reasonable time prior to the commencement of such City work; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans
and specifications so that Franchisee may relocate its Facilities to acconuuodate the City work.
Nothing in this section shall be construed as to relieve Franehisee of its duty and
obligation to relocate its Facilities, at Franchisee's sole cost. for any improvement project
undertaken by, or on behalf of, the City in the interest of pub lie health, safety, welfare, necessity
or convenience, as adjudged in the sole discretion of the City.
12.3 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Subsection 12.2(a) requiring relocation and receipt ofthe plans and specifications pursuant to
Subsection 12.2(b), Franchisee shall raise, lower, or move such Facilities within the Franchise
ORD#~:5!7,PAGE9
C~ 11
Area at its sole cost and expense to the location or position directed by the City, to cause the
least inlerterence with the improvement, repair, or alteration contemplated by the City and to
confonn to such new grades as may be established. If the City improvcs a right-of-way,
Franchisce shall, at its sole cost and expense, upon receipt of notice, replace the Facilities
located in the improved subgrade ofthe improvement with substitute Facilities conforming to
the specifications for the improvement of the right-of-way.
12.4 Other Relocation. Whenever any person or entity, other than the City, requires
the relocation of Franchispe's Facilities to accommodate the work of such person or entity
within thc Franchise Arca; or, whenever the City requires any person or entity undertaking any
work (other than work undertaken at the City's cost and expense or on the City's bchalf as
described below) within the Franchise Area to undertake any street improvement project in or
\ use of the Franchise Area as authorized under Subsection 12, and such work, street
)
improvement project or other use necessitates the relocation of Franchisee's then existing
Facilities within the Franchise Area, then Franchisee shall have the right as a condition of any
such relocation to require such person or entity to make payment to Franchisee, at a time and
upon terms acceptable to Franchisee, for any and all costs and expenses incurred by Franchisee
in the relocation of Franchisee's Facilities.
Any condition or requirement imposed by the City upon any person or entity (including,
without limitation, any condition or requirement imposed pursuant to any contract or in
conjunction with approvals or permits for zoning, land use, construction or development) which
necessitates the relocation of Franchisee's Facilities within thc Franchise Area shall be a
required relocation for purposes ofthis Subsection 12.4; provided, however, (a) in the event the
ORD#O~ ~5~,PAGE 10
C - 11--
City reasonably determines (and promptly notifies Franchisee in writing of such determination)
that the primary purpose of imposing such condition or requirement upon such person or entity
is to cause the construction 0 f an electrical, water, sewer or storm drainage line, a public street
improvement (including without limitation the construction or installation of any traffic signals,
streetlights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, or other
pedestrian amenities), on the City's behalf, and (b) such public street improvemeQt is otherwise
reflected in the current "capital facilities" element of the City's comprehensive plan or other
-.
similar City Council-appro,ved improvement plans, then only those costs and expenses incurred
by Franchisee in integrating and connecting such relocated Facilities with Franchisee's other
Facilities shall be paid to Franchisee by such person or entity, and Franchisee shall otherwise
relocate its Facilities within such segment of the Franchise Area in accordance with the
) provisions of Subsection 12.3.
.-.--
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights-of-way, or to public and private improvements within or adjacent to rights-
of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee
shall, upon discovery of any such damage, immediately notify the City. The City will inspect
the damage, and set a time limit for completion of the repair. If the City discovers damage
caused by the Franchisee to rights-of-way, or to public and private improvements within or
adjacent to rights~of-way, the City shall give the Franchisee notice of the damage and set a time
limit in which the Franchisee must repair the damage. In the event the Franchisee does not
ORD # OS ;"S(? , PAGE 11
e _ ("3
repair a right-of-way or an improvement as required in this section, the City may repair the
damage pursuant to Section II of this AgrccmcnL
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee
shall fail to comply with any of the provisions ofthis Franchise, the City may serve a written
notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from
the receipt of such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise
after the expiration of the sixty (60) day period, the City may, by resolution, declare the
franchise immediately revoked.
Section IS. Nonexclusive Franchise
) This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under
......--
this Franchise, this Franchise shall not in any manner prohibit the City from granting other and
further franchises in, under, over, upon, and along the Franchise Area. This Franchise shall not
prohibit or prevent the City from using the Franchise Are3for any reason not inconsistent with
this Franchise or affect the jurisdiction ofthe City over the Franchise Area or any part thereof.
The City reserves the right to use, occupy and enjoy the Franchise Area for any purpose that is
_ not inconsistent with the terms and conditions of this Franchise, including without limitation,
the construction of any electrical, water, sewer or storm drainage line, installation of traffic
signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks,
other pedestrian amenities, and other public street improvement projects.
ORD # 05~ SId- ,PAGE 12
c ~ I '{-
---
Section 16. Limited Ri1?;hts
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance ofany ownership
interest in or to the Franchise Area to Franchisee.
Section 17. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by
condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities
within the Franchise Area ,for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the Area conferred by this
Franchise.
Section 18. Vacation
. '-.,
\ If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the
....,'.0. )
City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The
City shall notify Franchisee in writing not less than 30 days before vacating all or any portion of
the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate
this Franchise with respect to any such vacated area.
Section 19. Compliance with Laws
19.1 GeneraL Franchisee shall comply with all applieable federal, state and City laws,
franchises, resolutions, regulations, standards, policies and procedures, as now existing or
hereafter amended or adopted, including without limitation the State Environmental Policy Act;
provided, however, that if any term or condition of this Franchise and any term or condition of
"'
ORD#OS-~/? , PAGE 13
LJ ,{;
any City law, code, franchise, rcsolution, regulation, standard, procedure, pemlit or approval are
i.n confli.ct, the teml or condition of this Franchise will control.
19.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City
may develop rules, regulations, ordinances and specifications for the use of the right-of-way
which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at
the time this Franchise was executed by the City and Franchisee covenants and agrees to be
bound by same.
Section 20. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Section 21. Char2c for Administrative Costs
--- Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative
)
../
expenses incurred by the City that are directly related to preparing and approving this Franchise.
Nothing herein shall preclude the City from charging administrative fees or recovering any
administrative costs incurred by the City in the approval of pemiits or in the supervision,
inspection or examination of all work by Franchisee in the Franchise Area as prescribed in
accordance with applicable provisions of the Federal Way City Code.
Section 22. Indemnification
Franchisee agrees to inderrmify and hold harmless and defend the City, its elected
officials, officers, employees, agents, and volunteers from any and aU claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives,
ORD #0:;-:;1;7 ,PAGE 14
c- lto
arising from, resulting from, or connected with this Franchise to the extent causcd in part or ill
whole by the acts, errors or omissions of the Franchiscc, its officcrs, partners, shareholders,
agents, employees, or by the Franchisee's breach of any provisions ofthis Franchise; provided,
however, that this section shall not bc construed as requiring Franchisee to indelllllify, hold
harmless or defend the City against claims or damages arising from the negligence of the City,
its agents or employees. In the event any claim, demand, suit or action is commenced against
the City that gives rise to Franchisee's obligation pursuant to this Section , the City shall
promptly notifY ~ranchise<1 thereof. Franchisee's selection of an attorney to defend any such
claim, demand, suit or action shall be subject to the City's approval, which shall not be
unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except
with prior written consent ofthe City, which shall not be unreasonably withheld. The City shall
\ have the right at all times to participate through its own attorney in any suit or action which
)
arises pursuant to this Franchise when the City determines that such participation is required to
protect the interest of the City or the public. In the event it is determined that RCW 4.24.115
applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to
the maximum extent pennitted thereunder, to the full extent of Franchisee's negligence.
Section 23. Insurance
23.1 ' Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as arc satisfactory to the City.
(a) Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with combined single limits of
ORD # {J~ ~Sld- , PAGE 15
C - 17
liability not less than $1,000,000 for bodily injury, including personal injury or death,
products liability, contractual coveragc, operations, explosion, collapse, underground
and property damage; and
(c) Automobile liability insurance with combined single limits of liability
not less than $1,000,000 for bodily injury, including personal injury or death and
property damage.
23.2 Mandatory Insurance Provisions. The comprehensive general liability insurance
and automobile liability ~insurance policies shall be endorsed to eontain the following
proVISlOns:
(a) The City, its officers, elected officials, employees, and volunteers are to
be named as additional insured;
\ (b) Coverage shall apply separately to each insured against whom claim is
./
--
made or suit is brought, except with respect to the limits of the insurer's liability;
Coverage shall not be suspended, canceled, modified or reduced except after thirty(30)
days prior written notice to the City delivered by certified mail, return receipt requested; and
Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in
excess of Franchisee's required insurance.
23.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insuranccand original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind
coverage on its behalf and must be received and approved by the City prior to the
ORD#Os ~S/;J ,PAGE 16
e- Us
commencement of any work. At the City's request, Franchisee shall deliver certified copies of
all required insurance policies.
Section 24. Bond
The Franchisee shall post a bond or assignment of funds in lieu of bond in the form
attached as Exhibit B or C in the amount of$20,000 to guarantee performance, maintenance or
repair in accordance with any provisions ofthis franchise. Additionally, before commencing
any additional construction, improvement or work within"the City, the Franchisee shall post a
bond or assignment of fun,ds in lieu of bond in the fonn attached as Exhibit B or C in an
amount detennined by the City to guarantee performance, maintenance or repair in accordance
with anypemlits required and with any provisions ofthis franchise. Procedures for submission
and release of the bond or assignment of funds in lieu of bond shall be as provided in FWCC
, Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the
Franchisee fails to perform as required herein or by any permits required, the City may perfoffil
the work as provided herein, and may have recourse to the bond or assignment of funds in lieu
of bond in addition to or in lieu of the remedies provided herein, at the City's sole discretion.
Franchisee shall be entitled to return ofthe bond or assignment of funds, or portion thereof. as
remains sixty (60) days after the expiration ofthe term ofthe Franchise, provided the City has
not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's
operations pursuant to the Franchise or as a result of default thereunder.
Section 25. General Provisions
25.1 Entire Agreement. This Franchise contains all ofthe agreements of the Parties
with respect to any matter covered or mentioned in this Franchise and no prior agreements or
ORD # {)S ~ -:;/?- ,PAGE 17
C_ 1'1
understandings pertaining to any such matters shall be effective for any purpose.
25.2 ModificatiQ!!. No provision of this Franchise may be amended or added to
except by agreement in writing signed by both of the Parties.
25.3 Assignment Franchisee shall not have the right to transfer or assign, in whole
or in part, any or all of its obligations and rights hereunder without the prior written consent of
the City. Any assignee shall, withinthirty (30) days ofthe date of any approved assignment, file
written notice of the assignment with the City together with its written acceptance of all tenns
and conditions of this Fralll?hise. Notwithstanding the foregoing, Franchisee shall have the right,
without such notice or such written consent, to mortgage its rights, benefits and privileges in
and under this Franchise to the Trustee for its bondholders.
25.4 Attorney Fees. In the event the City or the Franchisee defaults on the
. .
) performance of any terms in this Franchise, and the Franchisee or the City places the
,-" "....
enforcement of the Franchise or any part thereof or for the collection of any monies due, or to
become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing
party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The
venue for any dispute related to this Franchise shall be King County, Washington.
25.5 No Waiver. Failure of either party to declare any breach or default by the other
party immediately upon the occurrence thereof, or delay in taking any action in connection
therewith, shall not waive such breach or default, but such party shall have the right to declare
any such breach or default at any time. Failure of either party to declare one breach or default
does not act as a waiver of such party's right to declare another breach or default.
25.6 Governing Law. This Franchise shall be made in and shall be governed by and
ORD # f!J<' - 51?; PAGE 18
~~ 2JJ
--.----..,..
,- ...~ interpreted in accordance with the laws of the State of Washington.
25.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver
tlus Franchise on behalf of the Franchisee or the City.
25.8 Notices. Any notices required to be given by the City to Franchisee or by
Franchisee to the City shall be delivered to the parties at the following addresses:
Franchisee: City:
TWin I.akp.~ Go 1 f & Countvy Club City of Federal Way
~Gener:a] Manager, Attn: City Attorney
3583 SW 320th St. 33325 8th Avenue South
Federal Way. WA 98023 P.O. Box 9718
Federal Way, W A 98063-9718
Any notices may be delivered personally to the addressee of the notice or may be
deposited in the United States mail, postage prepaid, to the addrcssset forth herein. Any notice
r."......~
) so posted in the United States mail shall be deemed received three (3) days after the date of
0""",,
mailing.
25.9 Captions. The respective captions of the sections of this Franchise are inserted
for convenience 0 f reference only and shall not be deemed to modify or otherwise affect in any
respect any of the provisions of this Franchise.
25.10 Remedies Cumulative. Any remedies provided for under the terms of this
Franchise are not intended to be exclusive but shall be cumulative with all other remedies
available to the City at law, in equity or by statute.
Section 26. Severability
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid
ORD # OS.C;!d., PAGE 19
C... 2.(
or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of
this Franchise.
Section 27. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is
hereby ratified and affirmed.
Section 28. Effective Date
This ordinance sha~l take effect and be ill force thirty (30) days from the time of its final
passage, as provided by law.
PASSED by the City Council of the City of Federal Way this &fL- day of
()PA~ ....-
,2~.
) CITY OF FEDERAL WAY
..,. ~ ! "--"""""'"
~T
J/~
CLERK,
APPROVED AS TO FORM:
.' /"} ',,,,
.;.,.... -Z;' "".,'
'-vC:::'~ - ;:::;;t-?4?-z~~~
,
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ACCEPTANCE:
ORD # OS---5};;2- ,PAGE 20
c- 2-'"">-
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted
License and acknowledges that such rights and privileges are subject to and limited by all ofthe
terms, conditions and obligations contained therein.
DATED this .')..-00- day of ~~(JWe-{ ,2005.
T~NLAKESGOLFANDCOUNTRYCLUB
BY.~
Its: "
\
)
"I- '......./'
K:\Twin Lakes Franchise\9.15.05
ORD #O~ - 51d- , PAGE 21
C ~J-3
EXHIBIT A
LOCATION OF FACILITIES WITHIN THE FRANCHISE AREA
c..'-.'......
,.)
ORD# C5-5J;} ,PAGE22
c- '2.t
..-,"'-.-
EXHIBIT B
CITY OF FEDERAL WAY
PERFORMANCE BOND FOR
RIGHT OF WAY FRANCHISE AGRF~EMENT
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned ,
("Principal") and , the
undersigned corporation organized and existing under the laws of the State of
and legally doing business in the State of Washington as a surety
("Surety"), are held and firplly bound unto the City of Federal Way, a Washington municipal
corporation, ("City") in the penal sum of Dollars and NO/lOO
($ ) for the payment of which We firmly bind ourselves and our legal
representatives, heirs, successors and assigns, jointly and severally.
This obligation is entered into pursuant to the statutes of the State of Washington and the
ordinances, regulations, standards and policies of the City, as now existing or hereafter amended
or adopted..
) The Principal has entered into an Agreement with the City dated to
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the
manner and within the time period prescribed by the City, or within such extensions oftime as
may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and
material men or women, and all persons who shall supply the Principal or subcontractors with
provisions and supplies for the carrying on of said work, and shall hold the City, their officials,
agents, employees and volunteers harmless from any loss or damage occasioned to any person
or property by reason of any carelessness or negligence on the part of the Principal, or any
subcontractor in the performance of said work, and shall indemnify and hold the City harmless
from any damage or expense by reason of failure of performance as specified in the Agreement,
or from defects appearing or developing in the material or workmanship provided or performed
under the Agreement within the period not less than:
1. the term of the Agreement; or
2. two (2) years beyond the completion of final installation or construction by the
Principal pursuant to the Agreement if required by the City; whichever is longer, then
and in the event this obligation shall be void; but otherwise, it shall be and remain in
full force and effect
ORD # 05;. ~ >1;;- , PAGE 23
c~ 2~
And the Surety, for value received, hereby further stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Agreement or to the work to bc
perfonued thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond, and it does hereby waive notice of any change, extension of time,
alterations or additions to the temlS of the Agreement or to the Work.
Within forty-five (45) days ofreceiving notice that the Principal has defaulted on all or partof
the terms of the Agreement, the Surety shall make a written commitment to the City that it will
either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the
amount necessary for the City to remedy the default, including legal fees incurred by the City, or
(c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety
disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if
any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the
. option it has elected. Shoy.ld Surety elect option (a) to cure the default, the penal sum ofthe
Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing
the default lfthe Surety elects option (b), then upon completion ofthe necessary work, the City
shall notify the Surety of its actual costs. The City shall return, without interest, any
overpayment made by the Surety and the Surety shall pay to the City any actual costs which
exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the
Parties shall first complete participation in mediation, described in the below paragraph, prior to
any interplead action.
,J In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at least four hours of
mediation in accordance with the mediation procedures of United States Arbitration and
Mediation ("USA&MIt). The Parties shall proportionately share in the cost of the mediation.
The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square,
601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to
completion of the mediation.
DATED this ~dayof ,20 .
CORPORATE SEAL OF PRINCIPAL: PRINCIPAL
By:
(Name of Person Executing Bond)
Its:
(Title)
ORD #05->1;1 ._' PAGE 24
C - -do
~-<'-'---------""._.._--~---~'----
~-.'--'-'----'^.._'.
(Address)
-- .,--,~~
(Phone)
CERTIFICATE AS TO CORPORATE SEAL
I hereby certifY that I am the (Assistant) Secretary of the Corporation named as Principal in
the within bond; that , who signed the said bond on behalf of the
Principal, was of the said Corporation; that I know his or her
signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in
behalf of said Corporation ,by authority of its governing body.
Secretary or Assistant Secretary
CORPORATE SEAL OF SURETY:
SURETY
) By:
')"..-.-"
Attorney-in-Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
APPROVED AS TO FORM:
Patricia A. Richardson, City AUomey
ORD # CY::>8/:?- ,PAGE 25
C- - 7--7
EXHIBIT C
Applicant: Account Amount: $
Project:
Propcrty Address: Cash Deposit Amount: $
CITY OF FEDERAL WAY
ASSIGNMENT OF FUNDS IN LIEU OF BOND
THIS ASSIGNMENT (" Assignment") is dated effective this ~ day of __,20_,
The parties ("Parties") to this Assignment are the City of Federal Way, a Washington municipal
corporation ("City") and the undersigned owner or applicant ("Assignor").
A. The Assignor is required to perform certain work and/or construct certain
improvements including
at the above-referenced property address located in Federal Way, Washington ("Property") in
connection with Assignor's application for a Franchise;
B. The improvements will be constructed or the work will be performed in accordance
with the Franchise Agreement on file with the City of Federal Way ("Franchise");
C. The (1::ity has determined that Assignor must post security with the City pursuant to the
\ Franchise and Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now
.,-j existing or hereafter adopted or amended, to guarantee Assignor's performance under the Franchise, of
required maintenance or repair, and Assignor's performance of construction of certain work or
improvements, as a condition of granting the Franchise.
NOW, THEREFORE, the Parties agree as follows:
1. Amount of Account.
a., Pursuant to the Franchise and Section 22-149 of the FWCC, Assignor shall post
security in an amount equal to Twenty Thousand Dollars ($20,000) for the term of the franchise and
any additional period identified in the franchise or herein.
b, In the event additional construction, improvements, or work is performed under the
Franchise, the City may seek additional security. In the event the City requires additional security,
that portion of this Assignment which is in lieu of a performance bond, shall be equal to one hundred
and twenty percent (120%) of the cost of the work or improvements and that portion of this
Assigrunent which is in lieu of a maintenance bond, shaU be equal to thirty percent (30%) of the cost
of the work or improvements.
2. Assignment. Assignor does hereby assign, transfer and setover unto the City aU right,
title and interest in and to the sum of
Dollars and NO/lOO ($ ) on deposit at the branch of
("Bank"), under account No. ("Account");
-26-
C~.29:
----,,_.
said Account being in the namc of the City, as principal with {ull power and authority to dcmand,
collect and rcceivethc Account and to give receipt and acquittance for the Account.
3. lmpro vernents. Assignor shall perfonn all work, improvements and maintcnance
required pursuant to the Franchise, to the City's satisfaction. The maintenance obligation shall
continue for two (2) years from the tennination or expiration date ofthc Franchise, or such longer
period as required by the FWCC or other applicable law, rule or regulation.
4. Release. Assignor agrees that the Account will be released to the City, on demand,
with no other conditions of release. This Assignnient may be terminated with the City's written
consent, which consent shall not be granted until the City has determined that (i) all the improvements
have been constructed and installed, all work and maintenance performed, and aU obligations ofthe
Franchise performed to its satisfaction, in full compliance with the Franchise, plans and all applicable
local, state or federal law, and within the time period prescribed by the City, and (it) Assignor has
performed all its obligations under this Assignment The City may release this Assignment as
follows:
(a) Partial Release. Upon completion of the improvements in compliance with the
foregoing provisions, the City will release all but thirty percent (30%) ofthe cost of the work
or improvements covered by this Assignment, which amount IS equal to
Dollars and NO/IOO ($ ),
by executing and delivering the Partial Release of Assignment attached hereto as Exhibit I to
Assignor.
:~J (b) Full Release. Two (2) years after completion of the improvements and
performance of the maintenance in compliance with the foregoing provisions, the City will
release the remalIlmg portion of the Account, III the amount of
Do llars and
NO/IOO ($ -.-J, by executing and delivering the Full Release of Assignment
attached hereto as Exhibit 2 to Assignor.
5. Right to Complete Work. The City may, but in no event is it obligated to, perfonn any
of the necessary work in connection with the construction or completion of the improvements or
performance of the maintenanee required by the Franchise. Upon demand, Assignor agrees to pay the
City an amount equal to all of the City's costs and expenses in performing such work or the City shall
be reimbursed its costs and expenses from the Account at the City's election.
6. Notice. The Pub lic Works Department ofthe City shall be given forty-eight (48) hours
notice prior to the commencement of any work.
7. Indemnification. Assignor agrees to indemnify and hold the City, its elected officials,
officers, employees, agents, and volunteers hannless from any and all claims, demands, losses, actions
and liabilities (including costs and attorney fees) arising from, resulting, or connected with this
Assignment, including without limitation, the City's performance of any maintenance or other work or
construction of the improvements pursuant to Section 5 herein.
J 8. Remedies Cumulative. No remedy provided for by this Assignment shall be deemed
,.- exclusive, but shall be deemed cumulative and in addition to cvery other remedy available to the City
-27-
C'-;)'1
--,-----,."...-.-.
at law, in cquity or by statutc. . Assignor agrces that its liability under this Assignment is not limited to
the amount of the Account.
, ,'.
9. Gencral Provisions. This Assignmcnt may not be amended except by written
agreement signed by the Parties. Any provision of this Assignment which is declared invalid shall not
invalidate the remaining provisions. The failure or delay of the City to declare any breach or default
shall not waive such breach or default. This Assignment may not be assigned by either Party without
the other Party's written consent. This Assignment shall be binding upon and inure to the benefit of
the Parties' successors in interest. In the event of any dispute between the Parties regarding this
Assignment, each Party shall pay its own attorney fees and costs. Each persOll executing this
Assignment represents that he or she is authorized to execute this Assignment on behalf of their
respective entity. Time is of the essence.
NAME OF APPLICANT
By:
(Signature)
(Name)
Its:
(Title)
(Address)
(phone)
STATE OF WASHINGTON)
) ss.
COUNTY OF KING . )
On this day personally appeared before me ,tome
known to be the of ,
the corporation that executed the foregoing Assignment of Funds in Lieu of Bond, and acknowledged
the said instnunent to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of ,20~.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
-28-
C~ 30
APPROVED AS TO FORM
COY OF FEDERAL WAY
_.~...~.~~.. ---
Patricia A. Richardson, City Attorney
---)
-29-
(>31
RANK AC!=EPTANCE
Thc undersigned financial institution ("Bank") hereby accepts that ccrtain Assignment of Funds in Lieu
of Bond provided to the City of Federal Way ("City") by
-
, ("Assignor") dated _._.__' providing for Assignor's
assigtlment to the City of all right, title and intcrest in and to the sum of,__
Dollars and NO/lOO ($ ) on deposit at the
branch, under account No. ("Ac,count"),
payment of which shall be made upon demand by the City with no other conditions of release of the Account.
The Bank agrees to hold the Account, without deduction oc withdrawal, until it ceceives a written release oftms
Assignment from the City. The Bank acknowledges that it has no duty to evaluate any dispute which may exist
between the City and Assignor cegarding the Account and shall not interplead or in any manner delay payment of
the Account to the City, upon its demand. The Bank hereby agrees to bind itself, and its heirs, executors,
administrators and assigns, jointly and severally.
(BANK TITLE)
By:
(Signature)
(Name)
Its:
(Title)
. '.
j
!
(Address)
(Phone)
STATE OF WASHINGTON )
) ss, (BANK NOTARY]
COUNTY OF KING )
On this day personally appeared before me , to me known to
be the of , 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 he/she was authorized
to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation,
GNEN my hand and official seal hereto affixed this _ day of ,20_,
(notary signature)
(typed or printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
C - 3"2.-
EXHIBIT 1
PARTIAL RELEASE OF ASSIGNMENT
, The undersigned hereby acknowledges that a portion of the conditions set forth in that
Assignment of Funds in Lieu of Bond ("Assignment") provided to the City of Federal Way
("City") by (" Assignor")
dated for (Project
Name and Permit #) have been satisfied and hereby authorizes the release of an amount equal to
Dollars and NO/lOO ($ ~
from account number (" Account") III
Bank. The remaining funds equaling thirty percent (30%)
of the cost of the work or improvements shall be held by the Bank in the Account pursuant to
the terms ofthe Assignmcqt for a period of two (2) years as security for Assignor's performance
of all maintenance for the project described therein and as a guarantee against defective
materials or workmanship in the construction and maintenance of such improvements.
DATED this _ day of ,20 .
CITY OF FEDERAL WAY
) By:
David H. Moseley, City Manager
PO Box 9718
Federal Way, WA 98063-9718
c.._s:S
EXHIBIT 2
FULL RELEASE OF ASSIGNMENTILICENSE
Pursuant to the temlS and conditions of that certain Assignment of Funds in Lieu of
Bond (" Assignment") provided to the City of Federal Way ("City") by
, (If Assignor"), dated
for
(Project Name and Permit #), the City hereby acknowledges that the two (2) year maintenance
period has expired, that the obligations of the Franchise have been met, and work or
improvements covered by the Assignment have been completed to the City's satisfaction and
that the City. is not aware of any defect in workmanship or materials. Accordingly, the
undersigned hereby releases the sum of
Dollars and NO/l 00 ($ )
from account number ill Bank.
DATED this _ day of ,20_.
CITY OF FEDERAL WAY
..
, ) By:
...,. ...~
David H. Moseley, City Manager
PO Box 9718
Federal Way, W A 98063-9718
K:\Twin Lakes Franchise\Assignment of Funds
)
c.... 34-
SW 309 sr
~ SW310Sr
~
~ SW311Sr
~~~
~ SW316
a:
~
SW3
.~
(i!;~
PL
ST
SW
$W 326 ST
~
~ SW328ST
~ SN329ST
~
3:: ~
en
Twin lakes Golf Course
\ Street Franchise Area Map Prlnted..Qct 10 2005
._~-~/
Map made by kern Note: This map Is Intended for use as a graphical representation only.
c_35 The City of Federal Way makes no warranty as to Its accuracy.
�
i
EXHIBIT C
Applicant: Twin Lakes Golf & Country Club
Project: Franchise Agreement
Property Address: 3583 SW 320th Street
Federal Way, WA 98023
� C�O G°��
Account•Amount: $ 20,000.00
Cash Deposit Amount: $ 0.00
CITY OF FEDERAL WAY
ASSIGNMENT OF FUNDS IN LIEU OF BOND
THIS ASSIGNMENT ("Assignment") is dated effective this 7 day of �wrr , 20d6. The
parties ("Parties") to this Assignment are the City of Federal Way, a Washington municipal corporation ("City")
and the undersigned owner or applicant ("Assignor").
A. The Assignor is required to perform certain work and/or construct certain improvements
including to operate, maintain and repair an irrigation system at the above-referenced properiy address located in
Federal Way, Washington ("Property") in connection with Assignor's application for a Franchise;
B. The improvements will be constructed or the work will be performed in accordance with the
Franchise Agreement on file with the City of Federal Way ("Franchise");
C. The City has determined that Assignor must post security with the City pursuant to the Franchise
and Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter
adopted or amended, to guarantee Assignor's performance under the Franchise, of required maintenance or
repair, and Assignor's performance of construction of certain work or improvements, as a condition of granting
the Franchise.
NOW, THEREFORE, the Parties agree as follows:
Amount of Account.
a. Pursuant to the Franchise and Section 22-149 of the FWCC, Assignor shall post security in an
amount equal to twenty thousand dollars ($20,000) for the term of the franchise and any additional period
identified in the franchise or herein.
b. In the event additional construction, improvements, or work is performed under the Franchise,
the City may seek additional security. In the event the City requires additional security, that portion of this
Assignment which is in lieu of a performance bond, shall be equal to one hundred and twenty percent (120%) of
the cost of the work or improvements and that portion of this Assigrunent which is in lieu of a maintenance
bond, shall be equal to thirty percent (30%) of the cost of the work or improvements.
2. Assignment. Assignor does hereby assign, transfer and set over unto the City all right, title and
interest in and to the sum of Twenty Thousand Dollars and NO/100 ($20,000.00) on deposit at the
Ft u��� t w�y branch of C� ��...�av,¢ S��rF 8�ic ("Bank"), under account No.
7ooa3o33o o ("Account"); said Account being in the name of the City, as principal with fuli power and
authority to demand, collect and receive the Account and to give receipt and acquittance for the Account.
� � �
3. Improvements. Assi�or shall perform all work, improvements and maintenance required
pursuant to the Franchise, to the City's satisfaction. The maintenance obligation shall continue for two (2) years
from the termination or expiration date of the Franchise, or such longer period as required by the FWCC or other
applicable law, rule or regulation.
4. Release_ Assignor agrees that the Account will be released to the City, on demand, with no other
conditions of release. This Assignment may be terminated with the City's written consent, which consent shall
not be granted until the City has determined that (i) all the improvements have been constructed and installed, all
work and maintenance performed, and all obligations of the Franchise performed to its satisfaction, in full
compliance with the Franchise, plans and all applicable local, state or federal law, and within the time period
prescribed by the City, and (ii) Assignor has performed all its obligations under this Assignment. The City may
release this Assignment as follows:
(a) Partial Release_ Upon completion ofthe improvements in compliance with the foregoing
provisions, the City will release all but thirty percent (30%) of the cost of the work or improvements
covered by this Assignment, which amount is equal to Fourteen Thousand Dollars and No/100
($14,000_00), by executing and delivering the Partial Release of Assignment attached hereto as Exhibit 1
to Assignor.
(b) Full Release. Two (2) years after completion of the improvements and performance of
the maintenance in compliance with the foregoing provisions, the City will release the remaining portion
of the Account, in the amount of Six Thousand Dollars and No/100 ($6,000.00), by executing and
delivering the Full Release of Assignment attached hereto as Exhibit 2 to Assignor.
5. Ri�ht to Complete Work. The City may, but in no event is it obligated to, perform any of the
necessary work in connection with the construction or completion of the improvements or performance of the
maintenance required by the Franchise. Upon demand, Assignor agrees to pay the City an amount equal to all of
the City's costs and expenses in performing such work or the City shall be reimbursed its costs and expenses
from the Account at the City's election.
6. Notice. The Public Works Department of the City shall be given forty-eight (48) hours notice
prior to the commencement of any work.
7. Indemnification. Assignor agrees to indemnify and hold the City, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities
(including costs and attorney fees) arising from, resulting, or connected with this Assignment, including without
limitation, the City's performance of any maintenance or other work or construction of the improvements
pursuant to Section 5 herein.
8. Remedies Cumulative. No remedy provided for by this Assignment shall be deemed exclusive,
but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by
statute. Assignor agrees that its liability under this Assignment is not limited to the amount of the Account.
9. General Provisions. This Assignment may not be amended except by written agreement signed
by the Parties. Any provision of this Assignment which is declared invalid shall not invalidate the remaining
provisions. The failure or delay of the City to declare any breach or default shall not waive such breach or
default. This Assignment may not be assigned by either Party without the other Party's written consent. This
Assignment shall be binding upon and inure to the benefit of the Parties' successors in interest. In the event of
� � .
any dispute between the Parties regarding this Assignment, each Party shali pay its own attorney fees and costs.
Each person executing this Assignment represents that he or she is authorized to execute this Assigriment on
behalf of their respective entity. Time is of the essence.
TWIN LAKES GOLF & COUNTRY CLUB
By: � =-�'-��
(Signature)
!j/'i avl G - C
(Printed Name)
Its: y'/�SrCfent
(Title)
326 6 8 3� �'`' f?-uc S�
F EA�i2dJ - (_ LJlf Y, c�.1,4 4 8'o z.3
(Address)
253 � $3g•���
(Phone)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally a peared before me ° q �. C a , to me
known to be the � s��;-h % of '�' Y o u �
the corporation that executed the foregoing Assignment ofFunds in Lieu ofBond, and ackno ledged
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 he/she was authorized to execute said instrument
and that the seal affixed,if any, is the corporate seal of said corporation.
�»
: �t�i� �
w �
�� `
r
� 1� �
',I �� ```_.
����h�������`�
APPROVED AS TO FORM
CITY OF FEDERAL WAY
r
seal this � day of ' , 200 .
(notary signature)
��f !rr4 �- /��"��
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires �l -�� D 9'
City Attorney, Patricia A. Richardson
i �
BANK ACCEPTANCE
The undersigned financial institution ("Bank") hereby accepts that certain Assignment of Funds in Lieu
of Bond provided to the City of Federal Way ("City") by ?'r.••3.v t.sx�s �o�F'
�- Co'.�►�vTR Y e ��� ,("Assignor") dated �3'uwe � a.c�� � providing for Assignor's
assignment to the City of ail right, title and interest in and to the sum of Twenty Thousand Dollars and NO/100
{$20,000.00) on deposit at the F� �r R<t- � �*rr9 Y branch, under account no.
700 0 3d33 � o {"Account"), payment of which shall be made upon demand by the City with no other
conditions of release of the Account. The Bank agrees to hold the Account, without deduction or withdrawal,
until it receives a written release of this Assignment from the City. The Bank acknowledges that it has no duty
to evaluate any dispute which may exist between the City and Assignor regarding the Account and shall not
interplead or in any manner delay payment of the Account to the City, upon its demand. The Bank hereby agrees
to bind itself, and its heirs, executors, administrators and assigns, jointly and severally.
C: c� L��v.8: A -S'�`�s T� �A-ic! J�G
(BANK TITLE)
By: ,
(Signature)
�: �-� J� r�-�-�' S
(Printed Name)
Its: V! d� /� �- �•¢ q-� z
(Title)
3 3 3� D P�- c.t� � /�-� �
�'� A Q.,,a..¢-1 �.v.4 ti.�,✓� 9&''�ao 3
(Address)
�s3- �38- �y4�
(Phone)
STATE OF WASHINGTON
COUNTY OF KING
)
) ss.
)
(BANK NOTARY]
On this day personally appeared before me Q rr �`S , to me known to
be the �/� 9��j a � g� r,-of �` , the corporation that executed the
within and foregoing i trusn ment, 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�/she was authorized
to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GNEN my hand and official seal her
��
•� � �
,
�.
. �
� � _ _-.
����� y���
a ? �E O� v1 � ',_-
q ,\
����t�����,.���'
�`
�ciu�a�y si�i
a �� •`�;U � �Rh �
(typed or printed name of notary)
Notary Public in and for the State of Washington.
My commission expires I/ - ,�- � - d �.
� •
EXHIBIT 1
PARTIAL RELEASE OF ASSIGNMENT
The undersigned hereby acknowledges that a portion of the conditions set forth in that Assignment of
Funds in Lieu of Bond {"Assignment") provided to the City of Federal Way ("City"} by
("Assignor") dated
for the Twin Lakes Golf & Country Club Franchise Agreement have been satisfied and hereby authorizes the
release of an amount equal to Fourteen Thousand Dollars and NO/100 ($14,000.00) from account number
("Account") in
Bank. The remaining funds equaling thirty percent
(30%) of the cost of the work or improvements shall be held by the Bank in the Account pursuant to the terms of
the Assignment for a period of two (2j years as security for Assignor's performance of all maintenance for the
project described therein and as a guarantee against defective materials or workmanship in the construction and
maintenance of such improvements.
DATED this day of , 20
CITY OF FEDERAL WAY
BY:
(Signature)
(Printed Name)
(Title)
.`
�
EXHIBIT 2
•
FULL RELEASE OF ASSIGNMENT/LICENSE
Pursuant to the terms and conditions of that certain Assignment of Funds in Lieu of Bond
("Assignment") provided to the Ciry �of Federal Way {"City") by
,("Assignor"), dated for the Twin Lakes Golf &
Country Club Franchise Agreement, the City hereby acknowledges that the two (2) year maintenance period has
expired, that the obligations of the Franchise have been met, and work or improvements covered by the
Assignment have been completed to the City's satisfaction and that the City is not aware of any defect in
workmanship or materials. Accordingly, the undersigned hereby releases the sum of Six Thousand Dollars and
NO/ 100 ($6,000.00) from account number in
Bank.
DATED this day of , 20_.
:
CITY OF FEDERAL WAY
(Signature)
(Printed Name)
(Title)
K:�ken miller\twin lakes golf & country club\franchise agreement.doc
K:\Twin Lakes FranchiseWssignment of Funds