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Consequently, the SCORE Facility is essential to the preservation of the public health, safety, <br />and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special <br />facilities subject to unique standards. Accordingly, based on the facts presented in this <br />subsection, it is herby resolved that the established policy of the Member Cities is that the <br />SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of <br />any kind or nature for the SCORE Facility shall be exempt from competitive bidding <br />requirements as prescribed by Washington State statute but shall be governed by the <br />procurement policy established by the Administrative Board as amended from time to time. <br />Section 16. Preliminary Costs of the SCORE Facility: Bellevue Property <br />The Administrative Board shall allocate costs associated with the design, acquisition, <br />construction, improvement and equipping of the SCORE Facility prior to the issuance of the <br />Bonds by the SCORE Facility Public Development Authority among the Member Cities by an <br />affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of <br />which shall have the highest and the second highest average daily population in the SCORE <br />Facility for the 12 -month period ending June 30 of the preceding year. Any costs of the SCORE <br />Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of <br />Bonds to the extent permitted by law. <br />The Member Cities hereby agree that any net proceeds received from the sale of the <br />property located at 1440 116 Avenue NE, Bellevue, Washington and 1412 116 Avenue NE, <br />Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with <br />SCORE and used to finance costs associated with the design, acquisition, construction, <br />improvement and equipping of the SCORE Facility. <br />Section 17. Compliance with Continuing Disclosure Requirements <br />To the extent necessary to meet the conditions of paragraph (d)(2) of United States <br />Securities and Exchange Commission Rule 15c2 -12 (the "Rule as applicable to a participating <br />underwriter or remarketing agent for Bonds, each Member City will enter into an undertaking in <br />a form acceptable at the time to the participating underwriter or remarketing agent, as the case <br />maybe. <br />Section 18. Filing of Agreement <br />Upon execution, this Agreement shall be filed as required in RCW 39.04.040. <br />Section 19. Severability <br />If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by <br />any court of competent jurisdiction such adjudication shall not affect the validity of any <br />remaining section, part or provision of this Agreement. <br />13 <br />P'20358 DG\20358 01X <br />