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HomeMy WebLinkAboutGreen River Community CollegeA ~.~~S A~~~~ ~ o s.~ ,z February S, 2010 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF AUBURN AND GREEN RIVER COMMUNITY COLLEGE REGARDING LEA HILL PARK Recitals l. City of Auburn ("City") owns Lea Hill Park. The Park is an 8.97 acre site, located on S. 320"' St and 124`n Ave. in the Lea Hill neighborhood. The site is currently developed for a softball and baseball diamond, play structure, tennis courts, and associated parking. It is primarily used by GRCC for intercollegiate sports activities. The existing park needs significant improvement, as identified in the City's adopted Parks & Recreation Plan, and does not serve neighborhood needs well. 2. The City acquired Lea Hill Park from King County in 2002. The deed contains a covenant that the property will be used in perpetuity for park or reCreation purposes unless other equivalent lands or facilities are received in exchange and the replacement lands or facilities are likewise to be used in perpetuity for park or recreation purposes. 3. Green River Community College ("College") and the Green River College Foundation ("Foundation") own three parcels of land collectively referred to as the Martin property. The Martin property is a 7.15 acre site located on 124`h Ave. between Lea Hill Park and 316`h Street. A residence and child-care facitity occupy a portion of the site. The Foundation is in the process of donating its interest in the Martin property to the College. 4. The College is a primary user of Lea Hill Park and has made improvements to the facility. The College and the City cooperatively maintain Lea Hill Park. 5. The College is initiating a Campus Master Plan with the City, to plan for the long-term growth and capital needs of the campus. 6. The City and College desire to exchange the aforementioned properties in furtherance of the long-terms interests of the City and College. Agreement Based on the foregoing, the City and College have reached an agreement in principle, as follows. 1. The City will transfer ownership of Lea Hill Park to the College in exchange for the Martin property and additional improvements described below. Together, property and improvements transferred to the City will be of equal value and function to the existing Lea Hill Park property. The value of the property and improvements will be established by appraisal(s) performed by an MAI appraiser. The City and College will each hold an equal and undivided interest in the new park constructed on the Martin property. 2. The new park will be subject to the aforementioned covenant regarding use and replacement, and the College and City agree to be bound by the terms of this covenant. 3. The College will reconfigure the boundaries of the lots that comprise the Martin property to facilitate its transfer and use as a park and to permit continued operation of the child care facility. The College will demolish the existing residence on the property. The consolidated parcels exclusive of the childcare center total 5.38 acre. Paragraph 3 costs are to be included, and are not in addition to, the $1.5 million referenced in paragraph 4. 4. The College will improve the Martin property to function as a City park and recreation facility. Improvements will be consistent with an approved Lea Hill Park Master Plan to be developed by the City of Auburn. The College contribution for paragraph 3 and 4 improvements is not to exceed $1.5 million. 5. Park Design. The City will serve as the lead entity for the Lea Hill Park Master Plan and will work with GRCC and the community on a conceptual park design. GRCC will participate in any meetings related to this process. The City will take the steps necessary to revise its Park & Recreation Plan to be consistent with the transfer of property and development of the Martin property for a park. 6. lf necessary, based on the design of the new park, the City and College will develop a use agreement that addresses public and College use of the new park facilities. 7. If athletic fields are constructed on site that the college makes use of, the City and College will share maintenance responsibilities for the new park and will develop a joint maintenance agreement. 8. The City and College will each maintain liability insurance regarding use of the park. The College, as a state agency is self-insured. Upon request, the College will provide a Certificate of Self Insurance to the City. , 9. Environmental Conditions. Prior to the transfer contemplated by this agreement, the City and College will each conduct a Phase I Environmental Site Assessment and a cultural/historic resource survey of their respective properties and will disclose the findings of those studies. In addition, the parties acknowledge that wetlands are located on the Lea Hill Park and Martin properties and that future development may require mitigation pursuant to City regulations. 10. Good Faith /Limitations. Both parties shall apply their best efforts and act in good faith to fulfill the provisions of this agreement. This MOU is preliminary and non-binding and is not a commitment to conclude the contemplated transaction. The u(timate transfer of property and use of facilities must be approved by the Auburn City Council and must further be approved by King County to assure compliance with applicable park land deed covenants. No liability shall be associated with failure to conclude the transaction. Executed, this 5`h day of February, 2010. F Aub n. Peter B. Lewis, Mayor, City of Auburn For Green River Czkl; College: ' Richard A. Rutkowski, President, G.R.C.C. MEMORANDUM OF UNDERSTANDING BETWEEN THE C[TY OF AUBURN AND GREEN RIVER COMMUNTTY COLLEGE REGARDING LEA HILL PARK Page 2 `Cc, ~ 045. ~ 2 July 23, 2010 REIMBURSEMENT AGREEMENT Recitals l. The City of Auburn ("City") and Green River Community College ("College') have executed a Memorandum of Understanding, dated February 5, 2010, that sets forth the framework for a property exchange, and expresses the College's commitment to fund construction of a new Lea Hill Park. 2. This agreement sets forth the procedures and conditions under which Green River Community College ("College") will reimburse the City of Auburn ("City") for costs associated with the planning, design, permitting and construction of a new City park on the site that is referred to as the Martin property. A14reement 1. The College agrees to reimburse the City for costs incurred, up to a maximum of one million five hundred thousand dollars ($1.5 million), relating to the planning, design, permitting and construction of the new Lea Hill Park. The City may allocate the agreed upon reimbursement amount among these tasks at its discretion, subject to the overall maximum. 2. The City may at its discretion select and contract with appropriate consultants, contractors and other professionals to perform the tasks necessary to plan, design, permit and construct the new Lea Hill Park. The City shall be solely responsible for selecting and managing the work of any such consultants or contractors. 3. Requests for reimbursement may be submitted to the College monthly. All such requests shall be accompanied by back-up materials indicating the labor and expenses associated with each task. The College will pay conforming requests within 30 days of submission. 4. By this agreement, the College assumes no liability directly or indirectly associated with the planning, design, permitting or construction of the new Lea Hill Park. 5. The obligation to reimburse the City for costs relating to planning and design of the new park shall be effective upon execution of this agreement by both parties. The obligation to reimburse the City for costs relating to permitting or construction of the new park shall be effective upon completion of the property exchange identified in the City-College Memorandum of Agreement. Executed this 22_ day of July, 2010: Green River Community lle e urn ~ Rick Brumfield Peter B. Lewis V.P. of Business Affairs Mayor, City of Auburn