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AG 15-205 RETURN TO: NAerexat2, EXT: ti 01 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS il?'a �1 , 2. ORIGINATING STAFF PERSON: ! r_lZ EXT: ale6W 3. DATE REQ.BY: MI Ata 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 XOTHER❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL pi(OTHER ` W +1. 5. PROJECT NAME: NSW' Of I!?1 4T4i16.11 1 ' �TWLV.. LKie 11&A 1 r/ , 7 6. NAME OF CONTRACTOR:- IV r LOW-65.419A • ADDRESS: j4.-7`� 3 Zol*s1 `v TELEPHONE: E-MAIL: FAX: SIGNATURE NAME:&#C( 1 k rrt y TITL E:TYQS"dey _ 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# ,r BL,EXP. 12/31/ UBI# ,,EXP. / / 1V 8. TERM: COMMENCEMENT DATE: /"p 1`� r COMPLETION DATE: 9. TOTAL COMPENSATION:$ N 0 (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: Iv tac 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEW D INITIAL/DATE APPROVED PROJECT MANAGER y���-_s1 (e1®/S %DIVISIONMANAGER �' Ob ) Zr.)( to DEPUTY DIRECTOR AO I, filtb DIRECTOR __i ❑ RISK MANAGEMENT (IF APPLICABLE) Iii/ AW DEPT ZAr 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING /O/� ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: L t ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED ❑ LAW DEPT ;21er-OF STA F �/` ATORY r AYOR O: IRECTOR) V ASSIGNED AG# AG# 15-205 SIGNED COPY RETURNED DATE SENT: /0-8'-15 ❑RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 1/15 MEMORANDUM OF UNDERSTANDING BETWEEN TWIN LAKES HOMEOWNERS ASSOCIATIONAND THE CITY OF FEDERAL WAY T IS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of dp‘_.� t,,�1 2015 by and between the City of Federal Way ("City"), a Washington municipal co •oration, and Twin Lakes Homeowners Association ("HOA"), a Washington limited liability company, collectively referred to as the"Parties." RECITALS WHEREAS, the City constructed a traffic circle at the intersection of 35th Avenue SW and SW 327th Street; and WHEREAS, the HOA desires for the central island of this traffic circle to be landscaped in order to be consistent with beautification efforts within the HOA; and WHEREAS, the City has a limited budget for landscape installation in the central island of the traffic circle; and WHEREAS, the City does not have the project budget to provide irrigation and increased landscape maintenance on the central island of the traffic circle for the next five years; and WHEREAS,the City has an interest in maintaining City rights-of-way; and WHEREAS, the HOA desires to provide irrigation and increased landscape maintenance on the central island of the traffic circle for the next five years; and WHEREAS, the City desires to give the HOA permission to maintain the central island of the traffic circle in accordance with the terms of this MOU; and WHEREAS,the parties agree that this MOU is mutually beneficial; 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 Lakes Homeowners Association. The HOA agrees to acquire necessary right-of-way permits from the City, and perform landscape maintenance on the central island of the traffic circle on 35th Avenue SW at SW 327th Street, consisting of irrigation, removal of weeds, and periodic maintenance as necessary to maintain the appearance of the landscaping agreed to between the Parties. The HOA shall be responsible for all contracting, coordination, and costs associated with the plant watering, maintenance, and replacement of plants except as enumerated in Section No. 2. - 1 - 2. Commitment of the City. The City agrees to procure and install the landscaping agreed to by the Parties, to replace or correct reasonable damages caused by reckless drivers or vandalism, and to provide right-of-way permits to the HOA at no cost to the HOA. 3. Traffic Circle Open to the Public. The City and the HOA agree that the traffic circle shall remain open to the public and nothing contained in this agreement shall give the HOA exclusive access or right to use the traffic circle. 4. Term and Termination. The term of this MOU shall commence on the date written above and shall continue for a period of five (5) years. 5. 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. Nothing in this agreement shall be construed to create a cause of action against the HOA, or to create liability for damage to property caused by the actions of third parties. Any repairs to the traffic circle required after damage caused by third party reckless drivers or vandals will be borne by the City or the responsible third party. 6. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington. 7. Severability. If any provision of this MOU is held to be void, invalid, illegal or unenforceable under any law or regulation, such void, invalid, illegal or unenforceable provision shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and the HOA. 8. Entire Agreement. This MOU represents the entire understanding and agreement between the Parties. This MOU cannot be amended or modified except by another written document duly signed and executed by the City and the HOA. - 2 - IN WITNESS WHEREOF, the HOA 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 EDERAL WAY 41IP By: 1/ ,/L • F rrell, Mayor . 325 8th Ave S Federal Way, WA 98003 TWIN L S HOMEOWNERS ASSOCIATION By: �d V t, si' Darcey, President Twin Lakes Homeowners A sociation 3420 SW 320 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 President of 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 ni,phailit dr d official seal this • d. `/ , 201 4. c1/4 afpro "____________ �°, .ca® . L � � •: 2 (typed/printed n. e o n.tary) c�`•4 .Ptj 0 �^;/®e1 Notary Public in and for the Stat of Washington. ,1' °(;ifsEF\: " My commission expires ('2 3/(. _ ® 0.04 1 K:\TRAFFIC\Division Pros ®� sl S\2015 NTS\Twin Lakes'15-35 Ave SW(SW 325 St to SW 327 St)\Twin Lakes Landscaping MOU.doc - 3 -