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AG 15-112RETURN TO: 5 EXT: 0 701, CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: �l �.! ! ep[ Eo&l EXT: 3. DATE REQ. BY:d3o 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 ❑ OTHER MAU -LA \ `�fV L-Ale-EE iA -6A T-D4 _ LA ToWf D� 5. PROJECT N 6. NAME OF CONTRA ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE: FAX: 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, EEXP. 12/31/ UBI# , EXP. —/—/— H. TERM: COMMENCEMENT DATE: COMPLETION DATE :� 1 �� 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, $ ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE 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 LMAYD)R OR DIRECTOR CITY CLERK ,-ASS IGNED AG # IGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED X13 ad S AG# DATE SENT: (Z@ COUNCIL APPROVAL DATE REC' D: ✓ 0/ COMMEN EXECUTE TS: ORIGINALS ��,A�C 146o6d —,A1 / t AacrwiFelvr Is 11/9 MEMORANDUM OF UNDERSTANDING BETWEEN TWIN LAKES HOMEOWNERS ASSOCIATION AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this -Z'0 day of 201s-by and between the undersigned representatives of the City of Federal Way ( "City"), 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 necessary permits and perform facility maintenance on Lake Ponce de Leon to remove and dispose of sediments from the facility in a total 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 above the commitment of the City outlined in this MOU. The HOA shall provide temporary construction access to the facility, shall be responsible for all dewatering necessary to access and remove sediment from the facility, and shall be responsible for all site restoration. 2. Commitment of the City. The City agrees to assume responsibility for removal and disposal of up to 150 cubic yards of material from the area shown on the attached Exhibit 1. The City shall utilize the same access location as the HOA's contractor. The method and means to perform the sediment removal work remain to be determined. 3. Term and Termination. The terms of this MOU shall commence on the date written above and shall continue until terminated on September 15, 2015. The parties may agree to extend the term of this MOU in writing signed by both parties. 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: Jim Fe 4T Mayor 3332pm Ave S Federal Way, WA 98003 TWIN L S HOMEOWNERS ASSOCIATION By: GK Darcey, President 3420 SW 320TH STREEW SUITE B -3 FEDERAL WAY, WA 98023 STATE OF WASHINGTON) ) ss. COUNTY OF On this day personally dppeared before me Gary Darcey, to me known to be the President 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 �/St y _ , 2015. =� .,Z�` ggION off, - ® _o Tq (typed/printed name of notary) r p� U Notary Public in and for the State of W hington. _ My commission expires O3//9 zoo `�i�0 ®� uu.....•� G�� ; Corporations: Registration Detail TWIN LADS HOMEOWNER'S ASSOCIATION, INC. Page 1 of 1 UBI Number 601129206 Category REG Profit/Nonprofit Nonprofit Active /Inactive ' Active State Of Incorporation WA WA Filing Date 12/15/1965 Expiration Date 12/31/2015 Inactive Date Secretary Duration Perpetual Registered Agent Information " " Agent Name -. Twin Lakes Homeowners Association Address 3420 SW 320TH ST #B3 city .._.... _... - _.. " "�.FEDERAL WAY ..._.. ._ State WA ZIP 98023 Special Address Information Address city_. _. ,... _... . _.._ _... State Zip Ganrerdrlg Persom Title Name Address Director Houck, Kevin 3254042nd PL SW FEDERAL WAY, WA 98023 President " Darcey, Gary 32205 40th PL SW " FEDERAL WAY, WA 98023 Secretary Messex, Geneva 31937 36th Ave SW FEDERAL WAY, WA 98023 Vice President '� DUVALL, "SANDY 4201 SW 314TH PL SW FEDERAL WAY, WA 98023 Treasurer : Stegall, Meg 3740 SW 319th St FEDERAL WAY, WA 98023 http: / /www.sos.wa.gov/ corps /search_ detail. aspx ?ubi= 601129206 1/28/2015