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AG 14-139RETURN TO: Jes51 Cc, EXT: '&-7 OI CITY OF FEDERAL- WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS /R 2. ORIGINATING STAFF PERSON: 'RI C.4 21.' P.i eZ EXT: 2140 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 BOTHER MOU 5. PROJECT NAME: ` (j,Y'1dSCaon!! 1 MOO be-1ween k4le a I W am 4 West Dim" NoA Mae QidsL t1bPti 6. NAME OF CONTRACTOR: wf,!ft CLmQj Div Z 4-bA E 1-1-r- 9-i dAP tkA-• ADDRESS: TELEPHONE: E -MAIL: FAX: SIGNATURE NAME: SCC& GbI&SC 4, lgc�o blw TITLE: 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. H. TERM: COMMENCEMENT DATE: VQDY1 Z.�* CCU ftn (IZtL COMPLETION DATE: Ulfl t` c .2 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, ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW INITIAL / DATE REVIEWED 12( PROJECT MANAGER , , ©55e Zu 7'f BDIVISION MANAGER T � V DEPUTY DIRECTOR J / V DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE N( LAW DEPT NE i W Ze�& Ito. 11. COUNCIL APPROVAL (IF APPLICABLE , —,� iti PAID BY. ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED Cif :14- COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR 41 CITY CLERK -" SSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: -Nb INITIAL/ DATE SIGNED i V F�� DATE RECD: c1T_II4 11/9 MEMORANDUM OF UNDERSTANDING BETWEEN WEST CAMPUS DIVISION 2 HOMEOWNERS ASSOCIATION, THE RIDGE HOMEOWNERS' ASSOCIATION, AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 16th day of 2014 by and between the undersigned representatives of the City of Federal Way ( "City "), a Washington Municipal Corporation, the West Campus Division 2 Homeowners Association, and The Ridge Homeowners' Association, the latter two (jointly referred to hereafter as "HOA's ") being Washington Limited Liability Corporations. RECITALS: WHEREAS, the City has a project to construct roundabouts at the intersection on SW 330th Street at 3rd Avenue SW and at 6th Avenue SW; and, WHEREAS, the HOA's desire that the central islands of these roundabouts be landscaped in order to be consistent with beautification efforts within the HOA's; and, WHEREAS, the City does not have the project budget for the first 60 months to provide for irrigation and increased landscape maintenance; and, WHEREAS, the City has a limited budget for landscaping installation in the central islands of the proposed roundabouts; 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 The Ridge and West Campus Division 2 Homeowners' Associations. The HOA's agree to acquire necessary right -of -way permits from the City, and perform landscape maintenance on the central island of the roundabouts on SW 330th Street at 3rd Avenue SW and 6th Avenue SW, consisting of the irrigation, removal of weeds, and periodic maintenance as necessary to maintain the appearance of the landscaping agreed to between the Parties. The HOA's shall be jointly and severally responsible for all contracting, coordination, and costs associated with the plant watering and maintenance and replacement of plants that through natural causes expired in the landscaping. 2. Commitment of the City. The City agrees to procure and install the landscaping agreed to by the Parties, to replace or correct damages caused by any reckless drivers or vandalism, and to provide the HOA's right -of -way permits at no cost to the HOA's. 3. Term and Termination. The terms of this MOU shall commence on the date written above and shall continue for a period of five (5) years. 4. Indemnification. HOA's 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's, their employees, agents, or contractors, which may arise out of this MOU. The City shall indemnify and hold harmless the HOA's and their 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. Nothing in this agreement shall be construed to create a cause of action against the HOA's, or to create liability for damage to property caused by the actions of third parties. Any repairs to the roundabouts required after damage caused by a third party will be borne by the City or that third party. 5. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington. IN WITNESS WHEREOF, the HOA's 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 T By: Ferrell, Mayor 3325 8th Ave S Federal Way, WA 98003 -2- WEST CAMPUS DIVI I AN /2 HOMEOWNERS ASSO IBy: co ase, Presided West Campus Division 2 Homeowners Association PO Box 23034 Federal Way, WA 98093 STATE OF WASHINGTON) ) ss. COUNTY OF On this day personally appeared before me Scott Chase to me known to be the President of West Campus Division 2 Homeowners Association that executed, g fore oink instrument, and acknowledged the said instrument to be the free and voluntarM agand � o£:sa>d coxporation, for the uses and purposes therein mentioned, and on oath st�ted;th h /She ,was4 orized to execute said instrument and that the seal affixed, if any, is the orp rate dal Qf said corporation. GIVEN my hand and official seal this �t--day of 20L 0RA (typed/printed name of notary) m� Notary Public in and for the State of Washington. N= My commission expires t-�) 3 i N;A �s� A&8L1G = s ��4►�;P wASH�N -3- THE RIDGE HOMEOWNERS ASSOCIATION, INC. B Y• Robi G. r t, Presid nt The R' ge Homeowners Association 720 S 3481" Street, Suite A2 Federal Way, WA 98003 STATE OF WASHINGTON) 1/ ) ss. COUNTY OF k-I r1 Ij On this day personally appeared before me Robin Graf to me known to be the President of The Ridge 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 1 day of , �ernbe� , 20�` AAAAAAAAA � STEPHANIE D. COURTNEY NOTARY PUBLIC � o eq STATE OF WASHINGTON (typed /printed name of notary) COMMISSION EXPIRES Notary Public in and for the State of Washington. APRIL 27 2017 My commission expires D y -93- / `7 VVVV K. \TRAFHODivision Programs & Tasks \NTS \2013 NTS \Panther Lake - SW 330 St (7 Ct Sw to W Campus Trai l) /RidgeCityandWCampusMOU.doc -4-