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HomeMy WebLinkAboutpea patch agreement with citySEP-24-07 MON 11:57 AM K C HOUSING AUTH FAX NO, 2065741104 P. 02/05 USE AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF AUBURN (CITY), a municipal corporation of the State of Washington and the KING COUNTY HOUSING AUTHORITY (HOUSING AUTHORITY), a municipal corporation of the State of Washington. The purpose of this agreement is to allow residents of the Wayland Arms, a high-rise building owned and managed by the Housing Authority, located at 307 South Division in Auburn, Washington, to locate and maintain gardens on property owned by the CITY. The HOUSING AUTHORITY operates Wayland Arms and several of their tenants have indicated a desire to maintain a garden on CITY -owned property, which is nearby. The CITY owns the following property, which is located near the Wayland Arms and is depicted in the attached Exhibit A and by this reference is incorporate herein: The eastern -most portion of King County parcel number 132104-9116 owned by the City of Auburn and of the approximate dimensions of 99.6 feet east -west, as measured from the eastern edge of the City alley, by 74.4 feet north -south, as measured from the southern property line of the adjoining property located at 325 A Street SE, The CITY desires to apply the above described property, presently a vacant lot with natural growth, to better beneficial use and believes this agreement fulfills that intent. The HOUSING AUTHORITY desires to provide and facilitate services for its residents, and believes this agreement will fulfill that intent, Both parties believe this agreement is mutually beneficial, as well as to the residents of Wayland Arms. In consideration of the mutual benefits exchanged, both parties agree as follows 1. The term of this agreement shall be for one year from the date of this agreement. This agreement will automatically renew for one year from the end of the term, and at each subsequent annual anniversary, unless either party provides a notice of termination in writing prior to the end of each renewal period. However, at any time other than during the growing season between March 1''r through October 31' of each year, the City may reclaim the property and terminate this agreement upon 30 days written notice. If during the growing season the City wishes to reclaim the property and terminate the agreement, the City shall provide a 120-day written notice, SEP-24-07 MON 11:57 AM K C HOUSING AUTH FAX NO. 2065741104 P. 03/05 2. The depicted area in the attached map in Exhibit A and as described above by the City may be used by the residents of Wayland Arms for gardening purposes. The gardens shall only be used for growing plants, vegetables and Powers. The property shall not be used in any manner to house, contain or support any animal use. All expenses of operating and maintaining the property for use as garden plots shall be the responsibility of the Housing Authority and/or resident gardeners. 3. The Housing Authority shall be responsible for monitoring the use and maintenance of the property for gardening purposes by the residents of Wayland Arms, The Housing Authority shall be responsible for addressing with resident gardeners issues the Housing Authority considers pertinent to maintaining the property in a neat and reasonable fashion. Maintenance of the property may include removal of weeds, junk and garbage and debris, and the trimming of other vegetation if necessary. The Housing Authority, with and through the residents of Wayland Arms, agrees to report any unauthorized dumping of garbage, waste or junk to the Auburn City Police via 911 or responsible City agency. The Housing Authority will be responsible for disposal of any garbage located on the property. 4. The parties understand that the agreed use of City property is intended to be temporary until such time as the City shall be able to develop the property for public use as a trail, at which time such agreement may be modified as described below. The City shall provide notice of termination of the agreement as stated in section 1, above, prior to beginning the construction of the planned trail. The City will design the trail and provide the Housing Authority with a design ropy. The parties agree to consider reasonable modification of this agreement to allow continued use of the property for gardening purposes by the residents of Wayland Arms once the trail is completed. 5. During the term of this agreement the City shall have the right of entry on the property in order to make any preparations necessary for the public use of the property except that the City shall not umuasonably interfere with any growing garden plot. 6. The Housing Authority agrees to indemnify, defend and hold ham -Jess the City from and against any and all claims, demands, and/or causes of action of any kind arising out of or relating to the Housing Authority's use of the Property, except to the extent any such claims, demands, and/or causes of action are caused by the negligence of the City. The City retains the right to participate in any suit if any principle of governmental or public law is involved. The provisions of this section shall survive the expiration or termination of this Agreement. SEP-24-07 MON 11:58 AM K 0 HOUSING AUTH FAX NO. 2065741104 P. 04/05 7, The City agrees to indemnify, defend and hold harmless the Housing Authority from and against any and all claims, demands, and/or causes of action of any kind arising out of or relating to the City's ownership and use of the property, except to the extent any such claims, demands, and/or causes of action are caused by the negligence of the Housing Authority. The provision of this section shall survive the expiration or termination of this Agreement KING COUNTY HOUSING AUTHORITY CITY OF AUBURN Peter )3. TRWta, iViflynr �rN �l�+�gLY Attest. / n� Deputy 13& Clerk Approved as to form: T Auburn City Attorney ' SEP-24-07 MON 11:56 AM K C HOUSING AUTH 06/17/2004 05:40 FAX FAX NO. 2065741104 P. 05/05 IA 003 —eat"