AG 15-205 - Twin Lakes HOA - Gary Darcey 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 -