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AG 14-125RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS VM� / S'V �y� 2. ORIGINATING STAFF PERSON: &uzmm /Yp��"ijj�l:i EXT: 27YD 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ 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 AOTHER MOU - A6itE,Emeyr 5. PROJECT NAME: 6. NAME OF CONTRACTOR: Tywy-, LoreS k nets faSa'bck, -"}n ADDRESS: 340i� -SW -,D0t- S-ii 4 3 re 6`3 TzdPrli� V\; 6 TELEPHONE: E -MAIL: FAX: SIGNATURE NAME: C-1_n, TITLE:_ eGre;{cc p-V -V- of Trustee) 7. 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. +'YIN. ILt.. e,� -k�,�, 8. TERM: COMMENCEMENT DATE: P� n Zxe C : ft� ors COMPLETION DATE: r� 4- 9. 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 ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR )o DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) >CLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT e CHIEF OF STAFF IV SIGNATORY ( -AYO OR DIRECTOR ❑/CITY CLERK ❑ ASSIGNED AG# CR/SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED f� DATE SENl •� INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 8 COMMENTS: �j� ��j� ��,��. EXECUTE " " ORIGINALS )/'GGJy'Q.X:f� �G��:/� /GN %� FQt— t►GE Ple 4&Aj "466 Agwing eyonoyr !11 AA�1Qal'��rF 11/9 't171 COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT e CHIEF OF STAFF IV SIGNATORY ( -AYO OR DIRECTOR ❑/CITY CLERK ❑ ASSIGNED AG# CR/SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED f� DATE SENl •� INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 8 COMMENTS: �j� ��j� ��,��. EXECUTE " " ORIGINALS )/'GGJy'Q.X:f� �G��:/� /GN %� FQt— t►GE Ple 4&Aj "466 Agwing eyonoyr !11 AA�1Qal'��rF 11/9 MEMORANDUM OF UNDERSTANDING BETWEEN TWIN LAKES HOMEOWNERS ASSOCIATION AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this Vr day of huaust 2014 by and between the undersigned representatives of the City of Federal Way (" ity "), a Washington Municipal Corporation, and the Twin Lakes Homeowners Association ( "HOA "), a Washington Limited Liability Corporation. RECITALS: WHEREAS, the private stormwater detention and water quality facility known as Lake Ponce de Leon has experienced a disproportionate amount of sediment accumulation near the primary stormwater conveyance inlet to the facility; and WHEREAS, there is evidence suggesting that the majority of the material that has accreted in this area is related to past construction activities on the upstream stormwater conveyance system owned by the City; and WHEREAS, the excessive buildup of material in the area of the outfall, as depicted in the attached Exhibit 1, would otherwise not be expected under normal operating conditions; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: 1. Commitment of Twin Lake Homeowners Association. The HOA agrees to obtain the permits necessary and perform facility maintenance on Lake Ponce de Leon, consisting of the removal and disposal of sediments from the facility in an amount not to exceed 500 cubic yards. The HOA shall be solely responsible for all contracting, coordination and costs associated with the maintenance of the facility. 2. Commitment of the City. The City agrees to receive up to 150 cubic yards of material from the area shown on the attached Exhibit 1, to be delivered to a designated site within the City of Federal Way. 3. Term and Termination. The terms of this MOU shall commence on the date written above and shall continue until terminated on September 30`h, 2014. The parties may agree to extend the term of this MOU in writing signed by both parties. -1- 4. Indemnification. HOA shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the HOA, its employees, agents, or contractors, which may arise out of this MOU. The City shall indemnify and hold harmless the HOA and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors, which may arise out of this MOU. 5. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington (excepting any conflict of laws provisions which would serve to defeat application of Washington substantive law). IN WITNESS WHEREOF, the Society and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY By. im errell, Mayor 33325 8th Ave S Federal Way, WA 98003 -2- TWIN LA HOMEOWNERS ASSOCIATION By: Gary Darcey, Secretary of the Bo& of Trustees Twin Lakes Homeowners Assoc' ion 3420 SW 320th Street, Suite B -3 Federal Way, WA 98023 STATE OF WASHINGTON) ) ss. COUNTY OF / On this day personally appeared before me Gary Darcey to me known to be the Secretary of the Board of Trustees of the Twin Lakes Homeowners Association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 Aw i¢GL (typed /printed name of notary) Notary Public in and for the State of Washington. My commission expires K:\agreement /Templates - Forms /MOU.doc -3- v 0 0 ro M n 133 8731800460 873180HYDR S� 32 rn 0 N 00 0 0 25 50 100 Feet 731800420 873180ROAD 132 8731800360 4 8731800370 8731800380 4 F 8731800390 135 8731800400 49 s'� Z3 �3 5 6�31$o1oA0