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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/06/2003 Public Works Committee Agenda JANUARY 6, 2003 ACTION 1. T.I.B. Grant - #9-P-106(008)-1 Yes Wickstrom 10 min South 228th Street - 54th Avenue S. to SR 516 (Kent-Des Moines Road) 2. South 277th Street Reconstruction Yes Wickstrom 10 min Project Phase III- King County Interlocal Agreement 3. Pacific Gateway Business Park Yes Wickstrom 10 min Division III Agreement II ill PUBLIC WORKS COMMITTEE MINUTES JANUARY 6, 2003 COMMITTEE PRESENT: Chair Tim Clark, Julie Peterson,Rico Yingling STAFF PRESENT: Don Wickstrom, Brett Vinson, Gary Gill, Tim LaPorte,Nathan Torgelson, Kurt Hanson, Jackie Bicknell PUBLIC PRESENT: David W Hoffman, Melvin Roberts, Gene Warden The meeting was called to order by Chair Tim Clark at 5:05 PM. Approval of Minutes of December 2, 2002 Committee Member Rico Yingling moved to approve the minutes of December 2, 2002. The motion was seconded by Committee Member Julie Peterson and passed 3-0. T.I.B. Grant- #9-P-106(008)-1, South 22P Street—50 Avenue South to SR 516(Kent-Des Moines Road) Public Works Director Don Wickstrom said the City was in receipt of a Transportation Improvement Board Grant Agreement in the amount of$5,003,250 for the design and construction phases of the South 228' Street Project from 54°i Avenue South to SR516 (Kent- Des Moines Road). Additional funds will come from the LID and the City. Julie Peterson moved to recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. The motion was seconded by Rico Yingling and passed 3-0. South 277L' Street Reconstruction Proiect Phase III—Mug County Interlocal Agreement Don Wickstrom said the Public Works Department was in receipt of an interlocal agreement with King County for construction, maintenance and operation responsibilities for the South 2771h Street Project, Phase III from West Valley Highway to 72"d Avenue South. The north leg of the West Valley Highway at 277'intersection is within the Kent city limits and the agreement will give King County the authority to condemn property for right-of-way for the project. I Rico Yingling moved to recommend authorization for the Mayor to sign the Interlocal Agreement for the South 277`h Street Reconstruction Project Phase III, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Julie Peterson and passed 3-0. i i Pacific Gatewav Business Park Division III Agreement Don Wickstrom said that the Boeing Company wants to sell some vacant buildings in the northwest quadrant of their Space Center complex and they have made a proposal to short plat approximately 20 acres into four lots there. They want to tie the construction of the Public Works Committee, 116Y03 2 infrastructure improvement that will be required as part of the short plat approval to the sale of the property. The agreement says Boeing has to provide the City with notice of sale, along with acknowledgment and recognition from the purchaser of the terms and conditions required to occupy the property. if no lots are sold within 15 years,the Boeing Company would vacate the short plat. Julie Peterson recommended that the approval document be made part of the purchase and sale agreement, as the buyer would have the right to say the nature of the contract had changed if there was already an agreed upon contract and then another document was added prior to closing. Mr. Wickstrom said the approval document was more of a disclosure issue to make the new buyer aware of the obligations, and Assistant City Attorney Brett Vinson added that it was already part of the title report and was also on the short plat. The City wouldn't necessarily have an obligation to make it part of the purchase and sell agreement. Due diligence would put the purchaser on notice of the conditions, and the approval document would occur before the sale was finalized. Julie Peterson moved to recommend that the Mayor be authorized to sign the "Property Transfer Notification and Plat Vacation Agreement" associated with the Pacific Gateway Business Park Division 111 short plat. The motion was seconded by Rico Yingling and passed 3-0. f The meeting was adjourned at 5:24 PM. Jackie Bicknell Council Secretary i PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: January 6, 2003 To: Publi orks Comrnittee From: Don ickstrom, Public Works Director Regarding: T.I.B. Grant -#9-P-106(008)-1 South 228th Street—54th Avenue S. to SR 516 (Kent-Des Moines Road) We are in receipt of a T.I.B. Grant Agreement in the amount of$5,003,250 for the design and construction phases of South 228th Street—54th Avenue S. to SR 516 (Kent-Des Moines Road). At this time we are requesting authorization for the Mayor to sib the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. i MOTION: Recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant and establish a budget for the funds to be spent within said road improvement project. �pypinEton g,a� ',,,. Washington State (°x J 5 '^ OF KI NT Transportation Improvement Board DEC 06 2002 +� 2 m n n ' $�Vcn lmpr°�ps� I GINEEPING DEFT TIB Members December 4, 2002 Coundimember Rob McKenna Chair,King County Mr. Don Wickstrom, P.E. CouncimlemberbMlliam Ganley PUbIIC Works Director '.. Vlore Chair,Cdy of Battle Ground Mr.John Akers,P.E. City of Kent CHy ofEllenshurg 220 - 4th Avenue South Mr.Thomas Ballard,P.E. Kent, WA 98032-5838 Perm County Commissioner Leo 9awman Benton County Transportation Partnership Program (TPP) Mr.George Cress TIB Project Number 9-P-106(008)-1 '.., Portoflongview South 228th St •A 54th Ave S to SR 516 (Kent-Des Moines Rd) Ma.Kathleen Dacia FY 2004 Funding Program Project Selection WSDOT Mr,Dan Dicu lic ClailamTanan Dear Mr. Wickstrom: Councllmember Mary Gates City ofFederel Way The Transportation Improvement Board (TIB) met on November 22, 2002 to select Ms.Paula Hammond,P.E. WSOOT FY 2004 projects. We are pleased to announce the selection of your project from Council President Rob Higgins the Transportation Partnership Program (TPP). City afSpokene Mr.Dick McKinley TIB funds obligated for the project are as follows: City of Bellingham I Mr.Dave Nelson PHASE TIB FUNDS Gant County Mr.Dave O'Connell Design Phase 976,500 Mason County Construction Phase $4,026,750 Mr.Craig Olson,P.E. EMS Engineers Mr.Paul Roberts Total $5,003,250 City of Everett Your next step is to complete and return the enclosed TIB FY 2004 Program Mc Allen Schwalm i Spokane TansitAuthodty Project Funding Status form. After confirmation of local funding, TIB will grant Commissioner Mike Shelton approval to begin project design work. Project payments may begin after July 1, island County Mr.ArnoldTomac 2003 unless TIB authorizes an early payment schedule. Bicycle Alliance of Washington Mr.Doug Vaughn Congratulations on the selection of your project from the Transportation Office of Financial Management Partnership Program. For assistance, contact Greg Armstrong, TIB Project Mr.Jay Weber Engineer, at (360) 586-1142 or via e-mail at GregACaltib.wa.gov. County Road Administration Board Sincerely, Mr.Stevan Gorcester Ili Executive Director P.O.Box40901 Omar Mehyar '... Olympia,WA 96504-0901 Region Manager Phone:36 585-1140 Fax,360-5w-1165 www.tibsva.gov O M/gj b Enclosure Investing in your local community ( \ Transportation Improvement Board �� FY 2004 Program Project Funding Status Agency KENT TIB Project Number 9-P-106(008)-1 Project Name South 228th St j 54th Ave S to SR 516 (Kent-Des Moines Rd) Update the project schedule and funding source information. Both agency officials must sign the form before returning It to the TIB office. Please mail the completed form to the: Transportation Improvement Board F Post Office Box 40901 S• Olympia,WA 98504-0901 ,,, PROJECT SCHEDULE Update the project schedule targets orindicate NO CHANGE M the table below ' Date Shown on Note NO CHANGE or Application New Target MonthlYear Construction Phase Approval Contract Bid Award Feb 2004 '... Contract Completion Dec 2006 PROJECT FUNDING PARTNERS Update the funding partners and corresponding amounts or indicate NO CHANGE In the space provided '.. Funding Partners Amount Note FUNDS COMMITTED or Changes for Each Partner KENT 3,871,750 WSDOT 0 Federal Funds 0 Local Improvement District 14,950,000 TOTALLOCALFUNDS $18,821,750 By signing below, you certify that all funds shown in the Project Funding Partners table are committed for the project. Mayor or Public Works Director Signature & Date Printed or Typed Name Title Financial Officer '.. Signature & Date Printed or Typed Name Title TIB Funding Status Report.doc , PUBLIC WORKS DEPARTMENT 100 Don E. Wickstrom, P.E., Public Works Director \ J/i'w�-�4 Phone: 253-856-5500 _ ALNT Fax: 253-856-6500 WASHIN GTON Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: January 6, 2003 To: Public rks Committee From: Don%strom,Public Works Director Regarding: South 277th Street Reconstruction Project Phase III King County Interlocal Agreement The Public Works Department is in receipt of an interlocal agreement with King County for construction,maintenance and operation responsibilities of South 277th Street Phase III, W. Valley Highway to 72nd Avenue South. The County will be widening South 277th Street to four travel lanes (2 in each direction) with additional turning lanes. The north leg of the West Valley Highway at 277th intersection is within the Kent city limits. The agreement will give King County authority to condemn for right-of-way on this project within Kent's city limits. We are requesting authorization for the Mayor to sign the Tnterlocal Agreement with King County. I I MOTION: Recommend authorization for the Mayor to sign the Interlocal Agreement for the South 277th Street Reconstruction Project Phase III, upon concurrence of the language therein by the City Attorney and the Public Works Director. i DRAFT 12/12/02 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT RELATING TO SOUTH 277TH STREET RECONSTRUCTION PROJECT PHASE III THIS AGREEMENT is entered into by King County, a political subdivision of the State of Washington(hereinafter sometimes referred to as "the County"), and the City of Kent, n of the State of Washington (hereinafter sometimes referred to as a municipal corporatio "the City") RECITALS A. The County plans to construct the South 277t" Street Reconstruction Project — Phase III("the Project"). B. The Project will provide an important link in the regional transportation system. C. South 277t1i Street and West Valley Highway encompassed by the Project are E partially in unincorporated King County and partially in the City of Kent. The I County will need to acquire real property, easements and permits within the City in order to construct the Project. D. It is in the best interests of the parties that the County constructs the Project. maintenance and operation responsibilities of the Project need to be E. Construction, mau defined. NOW, THEREFORE, the parties hereby agree as follows: 1 DRAFT 12/12/02 AGREEMENT 1 pROdECT DESCRIPTION construction of Phase III of the improvements The Project includes the design and to the South 277`h Street Reconstruction Project. Phase III involves the widening of South 2771h Street from the West Valley Highway intersection to Frontage Road (on the east side of SR 167) from 2 through lanes to 4 through lanes, adding a second left turn lane on the bridge, extending left turn pockets, construction of associated drainage facilities, elevation of the grade of the existing roadway using compacted fill, widening the existing bridge on SR-167, storm sewer system improvements, construction of pedestrian and bicycle lanes, raising and reconstruction of the West Valley Highway intersection and updating traffic signals. Phase III also includes work on West Valley Highway that involves extending left turn pockets, extending the southbound right turn lane, adding a northbound right turn lane, and raising the roadway above the floodway between S. 277th St. and 550ft north and south of the intersection. The County will is more fully described and depicted on Exhibit construct the Project. The work A, attached hereto and made a part of this agreement. 2. PROPERTY ACQUISITION i ction 2.2, the County will acquire, by negotiated 2.1 Except as described in Se se eminent domain or otherwise, all real property, easements and other purcha perty for the Project, whether located within the rights or interests in pro 2 I DRAFT 12/12/02 or in unincorporated King County, that are corporate limits of the City necessary, in the County's judgment, to complete construction of the Project. The City shall use its best efforts to assist and cooperate in the County's acquisition efforts. The City consents to the County s exercise of eminent mits of the City for purposes of the Project. domain within the corporate li the City shall acquire, by negotiated purchase, 2.2 If the County so requests, all real property, easements and other rights or eminent domain, or otherwise, interests in property for the Project located within the corporate limits of the ounty requests the City's assistance for the City. In the event the C y for the project, the County agrees to pay all of the acquisition of real propert this work, including but not limited to consultant City's costs associated with appraisers, negotiators, expert witnesses, and attorneys prior to any work being conducted by the City. 3. PERMITS The County will be responsible for obtaining required permits for the Project. The City will endeavor to expedite any pennits required by the County from the City. The City will charge only actual time for permit staff review work, including any consultant time. 4, CONTACT PERSONS 3 DRAFT 12/12/02 The parties will each appoint a contact person to act as liaison for the Project. These contact persons will meet as needed to provide coordination between the its contact person on written notice to the other parties. Either party may change party. J g, AUTHORITY OF COUNTY ROAD ENGINEER i 5.1 The County Road Engineer shall have final authority on decisions related to Project design, contract management, and any other-issues related to the ole contact with the contractor(s) for the Project. Project and shall be the s r and/or improvements that lie within the Kent city All portions of the work limits shall meet Kent City Public Works standards. Construction activities, including traffic detours within the city limits, shall be subject to review and concurrence by the City Engineer, Transportation Engineering Manager, or City Construction Manager. For those improvements on West Valley Highway that lie within the Kent City limits, the Plans must be approved by the City Engineer prior to the City issuing the County a permit for said work. Further, any field changes in work or improvements during construction, that lie within the city limits, must be approved by the City. Finally the City at its own discretion will i from time to time have its own staff inspect the construction activities associated with those improvements the City will eventually be re the work being done thereon is being carried out responsible for to assu 4 DRAFT 12/12/02 in accordance to City requirements.. Should the City find discrepancies or concerns with work being perfonned the City shall advise the County m with take the necessary corrective action. Road Engineer thereof who All costs the City incurs for same shall be reimbursed within 30 days by i the County. ormin the functions related to the Project within the City, the 5.2 In pexf g County Road Engineer may exercise all the powers and perform all the i duties vested by law or ordinance in the City Engineer, City officer, or I, City department charged with street administration, except that changes from the City approved plans for those improvement to West Valley the City Engineer. Highway that lie within Kent must be concurred by Y g 5.3 Final acceptance of the Project following construction shall be by the County Road Engineer. The City Engineer shall inspect and accept work within the City. The County Road Engineer shall not accept work within approval from the City Engineer. the City without written i 6, MAINTENANCE OF FACILITIES 6.1 Traffic Signal System. 5 DRAFT 12/12/02 King County will retain ownership and shall be responsible for continued operation and maintenance of the traffic signal system at the intersection of West Valley Highway and S. 277th Street. 6,2 Roadway and Drainage. King County will retain ownership and shall be responsible for continued e of the S. 277th St. roadway and drainage operation and maintenanc facilities. shall convey to the City the roadway and drainage facilities, King County on West Valley Highway north of the intersection (north cross walk) The City will then be responsible for continued maintenance and operation of this section of roadway. 7. PAYMENT The County, in consideration of the faithful performance of the work to be done e the City with in 30 days for actual direct and by the City, agrees to reimburs rk. This work includes but not limited to plan related indirect costs of the wo roject inspection, property acquisitions and any review, issuance of permits, p other work the County may request. ecificall requests the.City to perform certain work prior to s Where the County p y ity will provide the County an itemized estimate of commencing said work , the C 6 DRAFT 12/12/02 the work to be performed by the City. The County shall make payment to the work. The City will track actual costs to City in advance for said itemized perform the requested work and, should it be less then the amount the Comity deposited with the City, the City shall reimburse the County the difference. Should said actually costs be more then the amount the County deposited with the City, the County shall reimburse the City with 30 days from the date the City sent the notice of payment to the County. Any monies due the City beyond the 30-day period stated in the above, the City can charge the County a late fee thereon. Said late fee shall be calculated on an annualized interest rate of 12%on the amount outstanding' g, DURATION OF AGREEMENT I ffective upon signature by both parties and shall This Agreement will become e i remain in effect until the following conditions have been satisfied: 1, Construction work has been accepted by both the City and the County. I g. SEVERABILITY 7 DRAFT 12/12/02 If any provision of this Agreement shall be held invalid, the remainder of the ereby if such remainder would then continue to Agreement shall not be affected th serve the purposes and objectives of the parties. 10. INDEMNIFICATION Washington State law shall govern the respective liability between the parties to this Agreement for any loss due to property damage or personal injury arising out i of the activities conducted pursuant to this Agreement. I 11. OTHER P ROVISIONS 11.1 Entire Agreement. This Agreement contains the entire agreement of the parties concerning the matters contained herein and any representations or understandings, whether oral or written, not incorporated herein are I excluded. 11.2 Amendment. This Agreement may be amended only by an instrument in writing, duly executed by both parties. 11.3 Right of Entry. The City hereby grants to the County right of entry into the corporate limits of the City for the purpose of performing any and all tasks necessary to complete the Project. 8 i DRAFT 12/12112 11.4 Eniyloyment Status. Each party shall be deemed an independent contractor for all purposes and the employees of either party or any of its contractors, subcontractors and their employees shall not in any manner be deemed to be employees or agents of the other party. 11.5 No Waiver. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 11.6 No Third-Party Rights. Nothing contained herein is intended to, nor shall be construed to, create any rights in any person or entity not a signatory to this Agreement, or to form the basis for any liability on the part of the or their officials, employees, agents or representatives, City, the County, to any person or entity not a signatory to this Agreement. 11.7 Headings. The headings of the various sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to expand, limit, or otherwise affect its terms and conditions. lion Where or should the county acquire additional 11.8 Annexation/De-annexa road rights of way parallel and abutting 277"' St for the improvement thereof that lie northerly of the existing northerly right of way of said 9 DRAFT 12/12/02 street, the City and the County hereby agree and concur to annex or de- annex said additionally acquired rights of way such that they shall lie within the sole jurisdiction of unincorporated King County. By so herein occurring the City council and the King County council are hereby authorizing the City's Mayor and the County's County Executive the authority to do so. i i 10 DRAFT 12/12/02 e executed this Agreement effective as of the IN WITNESS WHEREOF, the parties hav date last written below. KING COUNTY CITY OF KENT RON SIMS, County Executive Jim White,Mayor D Date Date Approved as to form: Approved as to form: Deputy Prosecuting Attorney City Attorney 11 li PUBLIC WORKS DEPARTMENT Don E. Wickstrom,P.E., Public Works Director Phone:253-856-5500 V j«N T Fax: 253-856.6500 Wws HINOTON '. Address: 220 Fourth Avenue S. Kent,WA 98032-5895 Date: January 6, 2003 To: Publi�Works Cormnittee From: Don Wickstrom, Public Works Director Regarding: Pacific Gateway Business Park Division III Agreement As you may be aware, the Boeing Company wants to sell some of their vacant buildings within their Space Center complex. To do so they proposed to short plat approximately 20 acres therein into 4 lots. Because they were not sure whether any of the lots would sell, or even if they wanted to sell all of the lots, they wanted to tie the construction of the infrastructure improvements required by the City, as part of the short plat approval to the sale of the property therein. While staff was accommodating,we did require as a condition of the short plat that Boeing provide us with notice of the sales, along with acknowledgment and recognition from the purchaser of what conditions and terms would be required in order to occupy the property. Further, staff did not want these issues to go on forever, so another condition was placed upon the short plat that stated that should no lots sell within 15 years, then the Boeing Company would vacate the short plat. The attached agreement satisfies these conditions, and the Public Works Department is recommending that the Committee authorize the Mayor to sign sarne. MOTION: Recommend that the Mayor be authorized to sign the "Property Transfer Notification and Plat Vacation Agreement" associated with the Pacific Gateway Business Park Division Ill short plat. 2002 FRI 02: 12 PH S`1`, REGIS 940 234 3703 1 P- OPI RT'Y TIZAttSFp;R NOTIFICATION AND PLAT VACATION ACf21 EN1,W1.' This Property':Cransfor NOtificalioti aitcl Plat Vacation Agreement ("Agrocrnent") is made as of the _day of 2003,by and betweett'I'li.0 .BOEING COMPANY, a Delaware corporation {"Ov tact"}aucl the CITY OF LENT, a municipal corporation of the State of W ishittg on(the "City"). TZECITA,I.,S A, Owner is the owner of certain real property located in the City of Kent, Down as Division III of the Page Gateway Business Park, SP-2002-1 /DIVA 2020160, more particularly described on Exhibit A attached hereto and incorporated herein by this reference(the "Property") R On _, the City issuod preliminary plat approval for a 4-tot subdivision of th;:Property ("Plat Approval"), Said approval uiclucted:3 conditionthat rcgirired Owner to notify the City ±,hen atty tr�ant fer of any iOt within the approved plat occurred (the condition is attached hereto as Exhibit B and incorporated in full by this reference). Said approval further required Owner and the City to execute an agreement, in the form acceptable to the City,specifying how Owner would catty out the notilleation obii-ation. The condition also required Owner to execute an agreement requiring 0wrier to seek vacation of the plat within fifteen (Is) years of recording of the subdivision if none of the lots have been transferred to an entity other than Own tior, C. Owner and the City wish to enter into this Agreement to allow Owner to fulfill this condition of the plat approval. NOW, TIIERE170R w, the panties agree as .rollows; L This Agreement shall become effective upon mutual execution and shall ranrain in effeet as set forth.herein. 2. hit the event Owner receives an executed purchase and sale agreement for any lot within the Property, Owner shall provide the potential purchaser with a copy of the Short Subdivision Conumttee approval docurriont and a full copy of the final plat map ( "Approval Documents")prior to closing the sale of the lot. 3. Upon and in conjunction with the trans ter of ownership of any tot within the Property. Owner shall provide written irotice to the City that th trarisfar [(VADZ)456956.DOC) 12.;nr07 -2002 FN 02:12 PN ST. EEGIS 949 234 3766 P. has occurred and provide the City with a nora.rized doew-rent signed by the paveharter acknowledging said purchaser bas received a copy of the Approval Docanents, read and understood their terms and conditions, and agrees to cornply with the terms of said Approval Documents upon beconintg an owner of a lot within the Property. 4. Notices required to be given to the City'ander this Agreement shall be given A writing by Personal delivery or by certified or registered mail, return receipt requested, at the following address: City of Kent Public Works Director 220 Fourth A errue South Dent, WA 98032 Notices shall be deemed effective, if mailed, apon the second day following deposit thereof in the United States rnail, postage prepaid, certiilcd or registered Mail,xetrtrtr receipt r equestcd, or upon delivery tlrercof it other-rise given. The City play change the address to which notices rn y be given by giving writterr r:iotice to: Philip W. Cyburt, The Dieing Realty Corporation, P.O. Box 3707 11?-S8, Seattle, WA 98124-2207, in the same mannor as provided above.. � f!B A0234SOOS6 D 0 C 1 -z- 12,11 V02 s-2002 F'R1 62: 13 PCB St REGIS 949 234 3768 i': 04 5. In the event no lots within the Properly have tr-ansf aTed ownership to an entity not owned or controlled by'rhe Boeing Company within f°ifteerl (15) years following Plat Approval, Owner shall seek vacation of the plat established as a result of Plat Approval, Owner shall subndt the required application to vacate the subdivision ro the c" within fourteen(14) days of the lapse of die fifteen(15)year period, Should Owner not subinit the application as required, the city shall be crititled to recover its cast;and attorney fees expended in enforcing this provision in superior court after providing Boeing with notice of said PAude to apply and fifteen (.15) days to cure said failure by I submitting an application to vacate the subdivision. Upon plat vacation approval, this Agreen)"t-shall terinhiate; i W,NER. CITY: G OM ' E CITY or itLNT Its: Vt e Presit6nt, Boeing Realty Corp. Name: Title: I� I I I i t i i tJDA�23450056.U0Cj •�- - - t?;(t/x12 i ~ZQiJ2FR1 02t134-')li ST, REGIS :�Q 9.9 23 . .,766 P. STA TF,OF CALIFOItNIA ) � } ss. COUNTY OF ORANC9E ) Oil this 13t7i day ofDoccrntvr, 2002, before meappoarrr!Yhzli�r w, Cybtnt, personally known to me, and on oath stated he is Vice President of TI3E I3OEINC3 COMPANY, the corporation that executed the within and foregoing instrumcmt, anj ackaolvlecl;ed said fllstrnms."t To be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and that he was dolt'elected, qualified and acting as said officer of the corporation,that he was attth<>rized to ectrtc sari instrument and that the;seal affixe(1, if"Y, is the corporate seal of said corl.)oration. hI WITNESS t' AEREOP I have herounto sot ruy hand and offeial seal the day and year first above written, (St�tmnu� nfNe�tary} 7 S.WFRTNFR COrnmine OV#134U42 Notory Public,California t'04AnQelaacounty MY COMM,FxPi..rcw Apt 6,20M� name t n(Iri f Notary) eve-+w.e,a- NOTARY PUBLIC in rtm,T for the, StAtc of California,residing at4r2 L"aC0%vi Nly appointmLnt c;xpires: Cpr i uFG-10-"-20V FR1 02: 13 F11 ST, RLC1S 940 234 5388 P. STATE OF WAS-JINGTON ss. COUNTY OF _.. ) On this --- day of 2002, 'before me, the undcrsigned, a Notary Public in and for the State of Washington, duly comiiussioned and sworn, peiSonnily appealed to tale known to be the person who signed as of'Fl-1 E MY OF TENT, tote ToUnicipal Corporation that executed the "within and foregoing instrument, and acknOwledged said instrument to be the frets and voluntary act and deed of said municipal corporation for the uses and pixthoses therein Montiottcd, aizd` i on oath stated that he was duly elected, qualified and acting as said officer of the j municipal corporation, that he was atuhorizod to execute said insix' nrcit and that the Seal affixed, if any, is bite corporate seal of said 7ntuticipal corporation. IN WITNESS WHEREOF I have hereurtt> setmy hand and official seal the day and year°first above tten, (Signature of Notary) (Print or stamp name ofNotarv) NOTATW PUBLIC in and for the State OfWaAington, residing at My appointment expires., I i t19AYlad$ti0]fi,L1t7Cj - S- �� t2i i L^J2