HomeMy WebLinkAbout1971 - Lake Stevens, City of - Agreement - Lake Stevens, City of - Soper Hill Road ImprovementsINTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND THE CITY
OF LAKE STEVENS REGARDING IMPROVEMENTS TO SOPER HILL ROAD
entered into by and between the City of Marysville, a municipal co oration under the laws of
the state of Washington, ("Marysville") and the City of Lake Stevens, a municipal corporation
under the laws of the state of Washington ("Lake Stevens"), collectively referred to as the
"parties."
Whereas, the jurisdictional boundaries of Marysville and Lake Stevens meet along the
northern boundary of the Soper Hill Road right-of-way, with the whole of Soper Hill Road , from
the 8000 block east to State Route 9 , being located within the jurisdictional boundaries of Lake
Stevens; and
Whereas, future development in the Soper Hill Road area, largely within Marysville , and
resulting traffic impacts may cause several Soper Hill Road intersections to fall below adequate
levels of service for the cities of Marysville and Lake Stevens ; and
Whereas , Marysville and Lake Stevens agree that future growth within Marysville will
necessitate traffic control improvements at specific intersections and associated frontage
improvements within Lake Stevens to maintain adequate levels of service and wish to define
general standards for the Soper Hill Road corridor and the manner in which those improvements
will be designed and constructed; and
Whereas , Marysville and Lake Stevens have the authority to enter into this Agreement
pursuant to and in accordance with the State lnterlocal Cooperation Act, Chapter 39 .34 RCW;
Now, therefore, in consideration of the mutual promises herein , the parties agree that:
1. Requirements of the Interlocal Cooperation Act.
a . Purpose of Agreement. This Agreement is authorized by and entered into pursuant to the
lnterlocal Cooperation Act, Chapter 39 .34 RCW. The purpose and intent of this
Agreement is for Marysville and Lake Stevens to work together effectively and
efficiently to accomplish the "Soper Hill Projects," as defined in Section 3 of this
Agreement. This Agreement establishes the responsibilities of Marysville and Lake
Stevens for the planning, design , and construction of the Soper Hill Projects, which
includes intersection and frontage improvements . Lake Stevens will cooperate with
Marysville and Marysville will cooperate with Lake Stevens to the extent reasonably
necessary to accomplish the Soper Hill Projects.
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b. No Separate Entity. The parties agree that no separate legal or administrative entities are
necessary to carry out this Agreement.
c. Ownership of Property. Except as expressly provided to the contrary in this Agreement,
any real or personal property used or acquired by either party in connection with its
performance under this Agreement will remain the sole property of such party and the
other party shall have no interest therein.
d. Administrators. Each party to this Agreement shall designate an individual (an
"Administrator"), who may be designated by title or position, to oversee and administer
such party's participation in this Agreement. The parties' initial Administrators shall be
the following individuals:
Marysville' s Initial Administrator:
Chief Administrative Officer
Gloria Hirashima
I 049 State A venue
Marysville, WA 98270
Lake Steven's Initial Administrator
City Administrator
Gene Brazel
1812 Main St.
P.O. Box 257
Lake Stevens, WA 98258
Either party may change its Administrator at any time by delivering written notice of
such party's new Administrator to the other party.
2. Effective Date. This Agreement shall take effect upon being authorized for execution by the
City Council of each party, fully executed by the mayor for each party, and being (a) filed
with the Snohomish County Auditor or (b) being posted on either Marysville's or Lake
Stevens' city website.
3. Soper Hill Projects. Soper Hill Road is an important east-west minor arterial forming a
portion of the jurisdictional boundary between Marysville and Lake Stevens. Continued
development in the area will necessitate improvements to the Soper Hill Road corridor.
a. Road Segments. The parties agree to the following conceptual layouts for the identified
road segments, all as represented in the attached Exhibit A:
1. Soper Hill Road Between 83rd A venue NE and 87th A venue NE -Phase 1. Two
eleven-foot wide travel lanes and a twelve-foot wide center tum lane, twelve-foot
shared used path north side and a road buffer accommodating variable width planters.
The meandering pedestrian path on the southern frontage is to be maintained and
integrated into the new road section.
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ii. Soper Hill Road Between 87th Avenue NE and Highway 9. Five eleven-foot travel
lanes (two westbound and three eastbound) at Highway 9 tapering to three eleven-
foot travel lanes (two westbound and one eastbound) at 87th Avenue NE. On the
north side, a twelve-foot shared use path and variable width planters. The meandering
pedestrian path on the southern frontage is to be maintained and integrated into the
new road section.
iii. Soper Hill Road West of 83rd Avenue NE to City Limits. Two eleven-foot wide
travel lanes, five-foot wide bike lanes, five-foot wide planters, and five-foot wide
sidewalks along both frontages.
b. Traffic Control at 83rd Avenue NE and 87th Avenue NE. Two roadway traffic control
improvement projects including the installation of two mini-roundabouts and associated
improvements including curb and gutter, sidewalks, and drainage improvements at the
intersections of 83rd A venue NE and Soper Hill Road (the "83rd Project") and 87th
Avenue NE and Soper Hill Road (along with frontage improvements between g7th
A venue NE and SR-9 that will be triggered and constructed by a developer as
contemplated by this Agreement) (the "87th Project").
i. Collectively, the 83rd Project and 87th Project constitute the "Soper Hill Projects."
As more fully detailed below and as shown in Exhibit A, the parties intend that the
Soper Hill Projects will be substantially similar in their design and that Marysville
will design and construct the 83rd Project and that a developer will design and
construct the 87th Project, with Marysville having the option at its discretion to
instead design and/or construct the g7th Project in lieu of a developer.
11. Lake Stevens will be the permitting agency and the lead agency for SEPA purposes
on the Soper Hill Projects, within Lake Stevens' jurisdictional boundaries.
Notwithstanding anything written herein, the City of Lake Stevens permitting and
SEPA authority over Soper Road shall not be diminished or impaired by this
Agreement.
c. Marysville's Responsibilities for the 83rd Project. With regard to the 83rd Project,
Marysville, by and through its officials, officers, employees, and agents, agrees to:
1. Obtain Permits. Marysville is responsible for obtaining all required permits from
Lake Stevens, including but not limited to construction plan approval, grading permit
approval, environmental review, including issuance of a SEPA threshold
determination, and right-of-way permit approval. The 83rd Project will be designed
consistent with Lake Stevens' ordinances and Engineering Design and Development
Standards and to the greatest extent practicable the small roundabout design
treatments contained on page 18 of Lake Stevens' Beautification Plan (attached
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hereto as Exhibit B), and consistent with the design and construction of the 87th
Project. Marysville will comply with all applicable laws, rules, and regulations
associated with said application and issuance of required permits and defense of all
permitting decisions and any appeal thereof.
IL Grant of Access. Marysville will obtain permission and written right-of-entry on,
over, under, above, and through private property if, in the reasonable judgment of
Marysville's Engineer, access is necessary for designing or constructing the 83rd
Project. Lake Stevens will reasonably assist Marysville to obtain permission and
right-of-entry on, over, under, above, and through private property located within the
jurisdictional boundaries of Lake Stevens as may be necessary from time to time. Any
right-of-way, right of entry, or other real property interest that may need to be
acquired by fee or easement will be the responsibility of Marysville and any private
real property rights acquired by Marysville for the projects will be conveyed to Lake
Stevens for properties located within Lake Stevens' boundaries.
m. Project Design. All aspects of the 83rd Project will be designed in compliance with
federal law and regulations and pursuant to Lake Stevens' ordinances and
Engineering Design and Development Standards. Final design will be subject to Lake
Stevens' written approval or permit approval, which shall not be unreasonably
withheld.
iv. Sub-Contracting. Marysville may, in its sole discretion, hire one or more consultants,
sub-consultants, contractors, and/or sub-contractors to perform some or all of the
design or construction of the 83rd Project.
v. Timeline. Marysville will complete design, permitting, and construction of the 83rd
Project within two years of the effective date of this Agreement.
vi. Conveyance. Within ninety (90) days following the later of (l) completion of
construction of the 83rd Project, (2) final acceptance of the 83rd Project, or (3)
resolution of all claims against retainage for the 83rd Project, Marysville will convey
the 83rd Project, and any and all acquired interests in real property and improvements
associated therewith and located within Lake Stevens, to Lake Stevens by bill of sale.
The 83rd Project will be free of all liens and encumbrances at the time of conveyance.
vii. Appropriation. Marysville currently has available funding for g3rct segment of the
Soper Hill projects. To the extent such funding is not expended on the g3rct Project,
the remaining funds shall be committed by Marysville to the funding of the g7th
Project and frontage improvements in the project area.
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d. Lake Stevens' Responsibilities for the 83rd Project. With regard to the 83rd Project, Lake
Stevens, by and through its officials, officers, employees, and agents, agrees to:
i. Lead Agency. Pursuant to WAC 197-11-926(1), Lake Stevens will serve as the lead
agency on the 83rd Project for purposes of SEPA.
ii. Permit Authority. Lake Stevens will act as the permitting authority related to the 83rd
Project and associated improvements within the Soper Hill Road right of way,
including but not limited to construction plan approval, grading permit approval,
environmental review, issuance of a SEPA threshold determination, and right-of-way
permit approval.
iii. Cooperation. Lake Stevens agrees to cooperate with Marysville as may be necessary
from time to time in designing and constructing the 83rd Project.
1v. Grant of Access. Lake Stevens grants Marysville, its officials, officers, employees,
and agents, for the purposes of designing and constructing the 83rd Project pursuant
to this Agreement, permission and right-of-entry on, over, under, above, and through
those Lake Stevens rights-of-way that are necessary in the design or construction of
the 83rd Project. The terms and conditions of such access shall be pursuant to a right-
of-way permit issued by Lake Stevens.
e. Marysville and Lake Stevens Responsibilities for Developer Construction of the 87th
Project. With regard to the 87th Project, Marysville and Lake Stevens, by and through
their officials, officers, employees, and agents, agree:
i. Developer Construction. Marysville anticipates that a development will locate within
Marysville, near 87th A venue NE and Soper Hill Road, and that such a development
will trigger the need for the 87th Project. Any proposed development in Marysville
for which traffic from the development will cause the intersection to be reduced to
Service Level E shall trigger the need for the g7th Project.
11. Analysis of Development. Upon receiving a complete application for a development
in the vicinity of 87th A venue NE and Soper Hill Road Marysville will provide Lake
Stevens a notice of application and a timely opportunity for review, comment, staff
consultation, and where applicable, participation in Marysville's development review
and approval process. Marysville, in consultation with Lake Stevens, may either
independently study the traffic impacts of a proposed development or may rely on a
traffic impact study submitted by the applicant. Marysville may require the applicant
to prepare a traffic impact study and may request such supplemental information and
analysis as Marysville determines is necessary.
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iii. Conditioning of Development. If Marysville after consultation with Lake Stevens
determines in the exercise of its land use authority that the development will trigger
the need for the 87th Project, Marysville will condition the development upon
construction of the 87th Project and conveyance of the 87th Project to Lake Stevens
by a bill of sale.
iv. Permits. The developer will be required to obtain the necessary permits and approvals
from Lake Stevens pursuant to the Lake Stevens Municipal Code. Lake Stevens will
act as the permitting authority for the 87th Project and, pursuant to WAC 197-11-
926( l ), will serve as the lead agency for purposes of SEPA on the 87th Project.
v. Development Standards. Marysville and Lake Stevens agree that the 87th Project will
be designed and constructed consistent with Lake Stevens' ordinances and
Engineering Design and Development Standards and to the greatest extent practicable
the small roundabout design treatments contained on page 18 of Lake Stevens'
Beautification Plan (attached hereto as Exhibit 8), and consistent with the design and
construction of the 83rd Project.
vi. Cooperation. To the extent necessary, Marysville and Lake Stevens will coordinate to
assure that the 87th Project is designed, permitted, and constructed in a form
substantially similar to the 83rd Project.
vn. Conveyance. Following the developer's construction of the 87th Project, portions of
the project shall be conveyed by the developer to Lake Stevens in accordance with the
Lake Stevens Municipal Code and the Lake Stevens Engineering Design and
Development Standards.
viii. Marysville Public Improvement Project. In its sole discretion, Marysville will have
the option to design, permit and potentially construct the g7th Project in lieu of a
developer as a public improvement occurring in advance of a private development
triggering said improvements. In the event Marysville exercises this option, then the
terms of Section 3.c and 3.d will apply to the g7th Project (as though those Sections
substituted "87th Project" in place of "83rd Project") except for Section 3.c.v, which
will be modified so that the 87th Project will be completed prior to any development
occupancy that trigger the improvements consistent with Section 3.e.iii.
4. Maintenance of the Soper Hill Projects.
a. 83rd Project. During construction of the 83rd Project, and until such time as this
Agreement expires or is terminated, Marysville will be responsible for the maintenance
and repair of all improvements of the 83rd Project including the roadway, curb, gutter,
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sidewalks, and storm water drainage improvements, but excluding pavement overlays and
channelization.
b. 87th Project.
1. Prior to conveyance to Lake Stevens, and in accordance with the Lake Stevens
Municipal Code and the Lake Stevens Engineering Design and Development
Standards, the developer shall be responsible for maintenance of the 87th Project.
ii. In accordance with the Lake Stevens Municipal Code and the Lake Stevens
Engineering Design and Development Standards, Lake Stevens shall assure that any
necessary maintenance or repair of the 87th Project is completed by the developer, or
by Marysville with resort to available bonds, prior to conveyance of the
improvements to Lake Stevens.
Ill. Upon conveyance of all or any portion of the 87th Project improvements to Lake
Stevens, Marysville will, within ninety (90) days, provide written notice to Lake
Stevens of the conveyance. The written notice must identify the specific
improvements conveyed to Lake Stevens (the "Noticed Improvements"). Thereafter,
and until such time as this Agreement expires or is terminated, Marysville will be
responsible for the maintenance and repair of the Noticed Improvements, excluding
pavement overlays.
iv. In the event Marysville exercises its option to construct the 87th project pursuant to
Section 3.e.viii, then during construction of the 87th Project, and until such time as
this Agreement expires or is terminated, Marysville will be responsible for the
maintenance and repair of all improvements of the 87th Project including the
roadway, curb, gutter, sidewalks, and storm water drainage improvements, but
excluding pavement overlays and channelization.
5. Access to Soper Hill Road.
a. Marysville and Lake Stevens shall retain all permitting authority with regard to right-of-
way use permits allowing access onto Soper Hill Road within their respective
jurisdictions.
b. The parties agree that one right-in or right-in-right-out access point onto Soper Hill Road
may be located between State Route 9 and 87th A venue NE and at least one access point
onto Soper Hill Road may be located between 87th A venue NE and 83rd A venue NE,
generally aligning with 85th Drive NE. An additional access point for emergency access
only, as required by the Fire District, may also be located between 87th Avenue NE and
83rd Avenue NE for the subdivision known as Belle Haven.
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c. The access points in Marysville will be designed, constructed, and approved in
compliance with Marysville ordinances and Marysville's Engineering Design and
Development Standards. This includes the location and spacing of the access points
relative to existing intersections and other access points and the nature of the access point
(right-in-right-out, full access, etc.). Marysville will consult with Lake Stevens regarding
the design and location of the Soper Hill Road access points and to the greatest extent
practicable will incorporate Lake Stevens' design standards and aesthetic elements
defined in Lake Stevens' Beautification Plan in its permitting decision.
6. Coordination of Future Growth. Marysville is committed to assuring that future growth in
the area of the Soper Hill Projects does not unduly burden Lake Stevens.
a. Density. Lake Stevens desires to have future development within Marysville, in the area
of the Soper Hill Projects, occur at densities similar to those found in Lake Stevens'
Campus Park development, which is located adjacent to the Soper Hill Projects. Existing
Marysville zoning allows slightly higher density. To the extent Marysville seeks to
modify underlying zoning within the East Sunnyside/Whiskey Ridge Subarea in a
manner that further increases density, Marysville will provide Lake Stevens notice of the
possible modifications and reasonably attempt to address concerns raised by Lake
Stevens.
b. Traffic. Marysville will continue to consider the traffic impacts of potential development
within Marysville and condition such developments upon mitigation of traffic impacts as
provided in the Marysville Municipal Code.
c. Parks. An interlocal agreement titled "Interlocal Agreement between the City of
Marysville and City of Lake Stevens regarding improvements to Power line Trail"
provides for coordination of future recreation improvements between the cities will be
executed by the parties no later than six months following approval of this Agreement.
Marysville and Lake Stevens agree to good faith negotiation of an agreement mitigating
the impact of future development in the Soper Hill area of Marysville on access to and
usage of Lake Stevens park and recreation facilities.
d. Schools. Both Marysville and Lake Stevens are committed to supporting quality school
facilities. Marysville regularly adopts the Lake Stevens School District's Capital
Facilities Plan as a sub-element of the Public Facilities and Services Element of the
Marysville Comprehensive Plan. This allows Marysville to collect impact fees to fund the
Lake Stevens School District's necessary capital facility improvements and assure that
future developments in the area of the Soper Hill Projects bear the cost of facilities
necessitated by that future development. Marysville will continue to coordinate with the
Lake Stevens School District to address the District's needs for capital facilities
improvements.
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e. Coordination of Traffic Impacts on SR9. Marysville and Lake Stevens agree to
coordinate with each other and the Washington State Department of Transportation
("WSDOT") on future development impacts at the intersection of Soper Hill Road and
SR9, as well as the intersection of SR92 and SR9, to ensure that new developments
construct improvements necessary to mitigate safety and transportation impacts.
Marysville will be responsible for coordinating (through its development review and
approvals) intersection improvements and realignment of the intersection of Soper Hill
Road and SR 9 on the west side of SR 9. Lake Stevens will be responsible for
coordinating (through its development review and approvals) intersection improvements
and realignment of the intersection of Soper Hill Road and SR9 on the east side of SR9.
Each party's responsibilities for the Soper Hill/SR9 intersection improvements and
realignment will include addressing WSDOT specifications, and if one party's
improvements on their geographic side of the intersection (as described in this Section
6.e) trigger WSDOT specifications in the other party's geographic side, the other party
will be responsible for addressing those specifications on their geographic side of the
intersection.
f. Grant Application. Marysville agrees to cooperate (e.g. letters of support) with Lake
Stevens in making application for state and federal grants to provide safe walkways from
the Soper Hill area of Marysville to Lake Stevens Schools and Parks.
7. Indemnification/Hold Harmless.
a. Marysville's Indemnification of Lake Stevens. Marysville shall protect, hold harmless,
indemnify, and defend, at its own expense, Lake Stevens, its elected and appointed
officials, officers, employees, and agents, from any loss or claim for damages of any
nature whatsoever arising out of Marysville's performance of this Agreement, including
claims by Marysville's own employees or third parties, except for (1) those damages
caused solely by the negligence or misconduct of Lake Stevens, its elected and appointed
officials, officers, employees, or agents or (2) those damages caused by any breach by
Lake Stevens under this Agreement.
b. Lake Stevens' Indemnification of Marysville. Lake Stevens shall protect, hold harmless,
indemnify, and defend, at its own expense, Marysville, its elected and appointed officials,
officers, employees, and agents, from any loss or claim for damages of any nature
whatsoever arising out of Lake Stevens' performance of this Agreement, including claims
by Lake Stevens' own employees or third parties, except for (1) those damages caused
solely by the negligence or misconduct of Marysville, its elected and appointed officials,
officers, employees, or agents or (2) those damages caused by any breach by Marysville
under this Agreement.
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c. Waiver oflmmunity Under Industrial Insurance Act. The indemnification provisions of
Section 7.a. and Section 7.b. above are specifically intended to constitute a waiver of
each party's immunity under Washington's Industrial Insurance Act, Title 51 RCW, as
respects the other party only, and only to the extent necessary to provide the indemnified
party with a full and complete indemnity of claims made by the indemnitor's employees.
The parties acknowledge that these provisions were specifically negotiated and agreed
upon by them.
d. Survival. The provisions of this Section 7 shall survive the expiration or earlier
termination of this Agreement.
8. Insurance. Each party shall maintain its own insurance and/or self-insurance (including
membership in a self-insured pool) for its liabilities from damages to property and or injuries
to persons arising out of its activities associated with this Agreement as it deems reasonably
appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-
insurance (including membership in a self-insured pool) shall not limit either party's
indemnification obligations under Section 7.
9. Duration. This Agreement shall continue in force and effect until the earliest occurrence of:
a. Marysville has constructed the 83rd Project and conveyed it to Lake Stevens and a
developer (or Marysville pursuant to Section 3 .e.viii) has constructed the 87th Project and
conveyed it to Lake Stevens and thereafter Lake Stevens provides Marysville written
notice that Lake Stevens no longer wishes for Marysville to provide maintenance of the
Soper Hill Projects as provided in this Agreement.
b. Fifteen (15) years from the date this Agreement is effective.
10. Compliance with Laws. Each party, in performing its obligations under this Agreement,
shall comply with all applicable federal, state, and local laws, regulations, and rules.
11. Dispute Resolution.
a. Informal Discussions; Mediation. The parties agree that any dispute, claim, or
controversy arising out of or relating to this Agreement will first be discussed between
the parties' Administrators. Thereafter and except as herein provided, no civil action with
respect to any dispute, claim, or controversy arising out of or relating to this Agreement
may be commenced until the dispute, claim, or controversy has been submitted to a
mutually agreed upon mediator. The parties agree that they will participate in the
mediation in good faith, and that they will share equally in its costs. Each party shall be
responsible for the costs of its own legal representation. Either party may seek equitable
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relief prior to the mediation process, but only to preserve the status quo pending the
completion of that process.
b. Civil Action. In the event the dispute, claim, or controversy is not resolved within 45
days of the commencement of mediation as described in Section 11.a, either party
exercise any and all rights and remedies available to it in law or equity to resolve said
dispute, claim, or controversy. The prevailing party shall be entitled to recover
reasonable attorney's fees together with costs.
12. Relationship to Existing Laws and Statutes. This Agreement in no way modifies or
supersedes existing state laws and statutes. In meeting the commitments encompassed in this
Agreement, all parties will comply with all applicable state or local laws. Marysville and
Lake Stevens will retain the ultimate authority for land use and development decisions within
their respective jurisdictions. By executing this Agreement, Marysville and Lake Stevens do
not intend to abrogate the decision-making responsibility or police powers vested in them by
law.
13. Notices. All notices required to be given by any party to the other party under this
Agreement shall be in writing and shall be delivered either in person, by United States mail,
or by electronic mail (email) to the applicable Administrator. Notice delivered in person shall
be deemed given when accepted by the recipient. Notice by United States mail shall be
deemed given three days from the date the same is deposited in the United States mail,
postage prepaid, and addressed to the Administrator, or their designee, at the addresses set
forth in Section 1.d. of this Agreement. Notice delivered by email shall be deemed given as
of the date and time received by the recipient.
14. Miscellaneous.
a. Entire Agreement; Amendment. This Agreement constitutes the entire agreement
between the parties regarding the subject matter hereof and supersedes any and all prior
oral or written agreements between the parties regarding the subject matter contained
herein. This Agreement may not be modified or amended in any manner except by a
written document approved by the city council of each party and signed by the mayor of
both parties.
b. Governing Law and Venue. This Agreement shall be governed by and enforced in
accordance with the laws of the State of Washington. The venue of any action arising out
of this Agreement shall be the Superior Court of the State of Washington, in and for
Snohomish County.
c. Interpretation. This Agreement and each of the terms and provisions of it are deemed to
have been explicitly negotiated by the parties and the language in all parts of this
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Agreement shall, in all cases, be construed according to its fair meaning and not strictly
for or against either of the parties hereto. The captions and headings in this Agreement
are used only for convenience and are not intended to affect the interpretation of the
provisions of this Agreement. This Agreement shall be construed so that wherever
applicable the use of the singular number shall include the plural number, and vice versa,
and the use of any gender shall be applicable to all genders.
d. Severability. If any provision of this Agreement or the application thereof to any person
or circumstance shall, for any reason and to any extent, be found invalid or
unenforceable, the remainder of this Agreement and the application of that provision to
other persons or circumstances shall not be affected thereby, but shall instead continue in
full force and effect, to the extent permitted by law.
e. No Waiver. A party's forbearance or delay in exercising any right or remedy with respect
to a default by the other party under this Agreement shall not constitute a waiver of the
default at issue. Nor shall a waiver by either party of any particular default constitute a
waiver of any other default or any similar future default.
f. No Assignment. This Agreement shall not be assigned, either in whole or in part, by
either party without the express written consent of the other party, which may be granted
or withheld in such party's sole discretion. Any attempt to assign this Agreement in
violation of the preceding sentence shall be null and void and shall constitute a default
under this Agreement.
g. Warranty of Authority. Each of the signatories hereto warrants and represents that he or
she is competent and authorized to enter into this Agreement on behalf of the party for
whom he or she purports to sign this Agreement.
h. No Joint Venture. Nothing contained in this Agreement shall be construed as creating any
type or manner of partnership, joint venture, or other joint enterprise between the parties.
i. No Third Party Beneficiaries. This Agreement and each and every provision thereof are
for the sole benefit of Marysville and Lake Stevens. No other persons or parties shall be
deemed to have any rights in, under, or to this Agreement.
j. Execution in Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall constitute
one and the same Agreement.
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In witness whereof, the parties have executed this Agreement as of the last date written below.
CITY OF MARYSVILLE CITY OF LAKE STEVENS
Jo nfing, a r By: ~:v
Attested / Authent :
Tina Brock, Deputy City Clerk
Approved as to form:
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