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HomeMy WebLinkAboutResolution 3981RESOLUTION 3 9 8 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL USE PERMIT S-17-06 FROM KING COUNTY FACILITIES MANAGEMENT DIVISION TO USE KING COUNTY PROPERTY FOR THE PURPOSE OF THE CITY'S 2006 PEA PATCH GARDEN PROJECT THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Special Use Permit between the City of Auburn and King County Facilities Management Division for the purpose of the City's Pea Patch garden project. A copy of said permit is attached hereto and denominated Exhibit "A". Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3981 February 3, 2006 Pa0e 1 of 2 DATED and SIGNED this A � day of February, 2006. CITY OF AUBURN MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: (vz:&L� Daniel B. Hei , City Attorney Resolution No. 3981 February 3, 2000 Page 2 of 2 Pa le�tci KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (2076) 296-7456 FAX 296-0196 SPECIAL USE PERMIT Use of County Owned Property PERMIT NUMBER: S-17-06 FILE NO, DATE: 01/30/2006 PERMITTEE: CITY OF AUBURN PARKS & RECREATION - JIM WESTHUSING 910 9TH AVENUE SE AUBURN, WA 98022-6200 DAY PHONE:253 804-5052 OTHER/FAX PHONE: PURPOSE: TO USE A PORTION OF COUNTY PROPERTY AS A P-PATCH. (RENEWAL OF S-48-05), LEGAL DESCRIPTION 1/4 Sec Twp Rge Account NW 07 21 05 Kroll Page 719W AUBURN PARK & RIDE PARCEL g000080-0021 & 000080-0022 WITHIN THE BOUNDARIES OP THE AEOVE REFERENCED PARCELS. (SEE LOCATION PLANS DATED 2/15/05). I EXPIRATION: Thie permit shall Rot be valid form a than 7 N.ONTHS and expires on the 9th day of October 2006, PF.RFIIT PEE: $ 0.00 INSPECTION FEE: $ ADMINISTRATIVE FEE: $ 0.00 PLAN REVIEW FEE: $ 0.00 LAND USE FEE: $ 0.00 OTHER FEE: $ 0.00 BOND AMOUNT: $ 0.00 INSURANCE AMOUNT: $ 1,000,000.00 Permittee MUST notify NANCY GORDON AT: 684-1411 AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. Hy this permit King County property: i Custodial Approval ) � 1 Property Services Approsaal the use of the above described Date ?'G' b! � herein, SBE REVERSE SID FOR D CONDITIO " jSignature of Permi ��— Date V 2 1 2006 NOTE: Permit not valid without all necessary signatures and expiration date Ordinance. 4099, King County Code 14.46 TERMS AND CONDITIONS 1 PERMIT REVOCATION: This Permit is revocable at any time by King County. The right to revolve is expressly reserved to King County. 2. INDEMNITY AND HOLD HARMLESS. The Permiltee agrees to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Pernuttee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits. and judgments i.^.dutling costs_ of defense thereof for injury to persons, death, or Pro4arty damage which is caused by, arises out of, or is incidental to Pemriftee's exercise of rights and privileges granted by this Permit. The Permiflees obligation under this section shall Include: a) Indemnification for such daims whether or not they arise from the sole negligence of either the County or the Permiltee, the concurrent negligence of both parties, or the negligence of one or more third parties. b) The duty to promptly accept tender of defense and provide defense to the County at the Permttee's wn expense. c) Indemnification of claims made by the Permittee's own employees or agents. d) Waiver of the Permittee's immunity under the industrial Insurance provisions of Tide 51 RCW, which waiver has been mutually negotiated by the parties. In the event it is necessaN for Iha Carn;y to inwr attorneys foe:, legal expenses, nr other costs to enforce Iha provisicsis of L is section, all such fees, expenses, one costs shall be recoverable from the Permiltee. In the even) it is determined That RCW 4.24.t 15 applies to this agreement, the Permiltee agrees to defend, hold harmless, and indemnify sting County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Pennittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties. 3. ANT4DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit, there shall be no discrimination against any employee or applicant for employment because of race, color, ancestry, religion, national origin, age, sex, sexual orientation, medial status, or the presence of any sensory, mental or physical handicap in an otherwise qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age (except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status, the presence of any, sensory, mental or physical handicap, or the use of a trained guide -dog by a Wind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for ancellalion, termination or suspension in whole or in pad of the Permit by the County, and may result in ineligibility for further County permits. 4. NON-EXCLUSIVE RIGHT: This Permit shall rrot be deemed cr consWed to be an exclusive right. It does not prohibit the County from yri nting any oL'ier permits le ,then put..:ic as prvale erlides, nor shall n p:ow: nt the Comity tram usiry any fUhl ic place for any and all public use T affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permiltee shall be required to pay any general or special assessments incurred by King County which are directly attnbulable to or arising from any actions, occupancy, or usage authorized herein. 6. TERMINATION: The Permiltee may terminate the Permit by wrilten notice to the Manager of Real Estate Services Section. Upon revoation, termination, or abantlonmenh the Permiltee shall rertwve al his expense ail facilities placetl on said property by the Permiltee, and restore the premises to a condition which is equivalent In all resperAs to the condllon existing prior to installation of the facilities, or to a condition which Is satisfactory to the County. If the Permitlee has not accomplished removal and restoration at the end of a ninety -day period following the effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge all of the costs to the Permiltee. 7. RESTORATION: After completion of work authorized by Nis Permit, the Permiltee shall restore the property to a condition which is equivalent lo all respells to the condition of the property prior to slaiung work, or a audition satisfactory to King County. II the Permitlee delays Ne restoration beyond expiration of the Perml, the County may accomplish all the necessary work and charge all the costs to (he Permitlee. 8. REPAIRING DAMAGE BY PgRMIiTEE: In the event that rk•nage n1 anY kind is nosed by the Permiltee in the ceu'sa of performing wwk authorized by this Permit, Permiltee will repair said damage at its sole cost and expense. Repair vrcrk shall L¢+gin without decay and continue withad interruption until completed. If damage is extensive, the time a:lowed for repair will be prescribed by the County agent. Ir the County determines it is n=cessory, Ilea County may ncccrupkh Na v:mk and chat fe al the eosis to coo Peuin nsa. 8. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do, order, or have done all svnrk considered news;ary to restore to a safe andtion any area described in Perms( left by the Permiltee in a condition dangerous to life or property. The Permiltee shall pay, upon demand, to Ne County all costs of such work, imi edats, etc. Nothing in this section shall relieve the Pem tiles of duties under Terms and Conditions No.2 above. 10. RIGHTS RESERVED TO COUNTY - CONFORAIANC,E AND PAYMENT OF COST REQUIRED: The County reserves the right to use, oCCUpy, and enjoy its property for such purposes as it shall desire inducting, but not Iirntted to, consWding a instaIli ny siruclures and facilities on Ne property, or developing, improving, repairing or altering Ne propnrty. The Permitlee, upon svniten notice, wrist at his ovm coat and expense remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered oy the County according to a time schedule contained in the written notice. 11. NOTICE: Permiltee agrees to obtain information from other uWity operators regarding the location and current status o(Ihcir installations before sinning work. Property owners adjoining, or in proximity lo. the project as described herein shall be notified by Permiltee &,vhen such pr�rerty is exposed :o the possibility of injury or damage through performance o! �arrk on Ne project authorized by this Permit. Permiltee shell mace all advarm.e eirarg'eu �riis i�edassory is yrntact suds propaity .::;!;,sty nun :, 1)ruy w�- 12. OTHER APPLICABLE LAWS: Issuance of this Permit noes not :n any way relieve the Pemrittee from complying with any other appliceble laws in performing the work sub;eG to this Permit 1?. Rr.cplrn•,. n4Pr o-,eop;:1. n.. .:. ,. c...e:..-.e .. for any reconstruction, nogce shall be provlde<i in advance to ):mg Camiy togaVrer with the plane a;',d spa. Ealions far the work pmooseJ, and shall not be permitted nilhout the Crr.rntys consent. 14. TITLE: This Permit grant, )nly the right to use King County's interest in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is vested in King County. i5. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET(S) r,�ncm.k., 05194 CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT 5-17-06 _ 11 1- - ]5. SPECIAL TERMS AND CONDITIONS: a. The permittee shall restrict all use of the site to the use described in the 2/15/05 letter and site plans. b. The permittee shall be responsible for all maintenance and/or repairs to the p-patch. c.. The permittee is responsible to obtain and provide proof all necessary permits and approvals required by the City of Auburn any work associated with the issuance of this permit. d. The permittee shall restore King County property to its original or better condition or to a condition approved by King County Department of Transportation Transit Division upon completion of the use authorized under the terms and conditions of this permit. e. The permittee shall be responsible for the removal and disposal of debris and materials, associated with the issuance of this permit.., f." The permittee shall cut and remove the underbrush from the wooded strip running along the western boundary of the p-patch, leaving the trees and larger bushes intact. g. The permittee shall furnish its own access to thep-patch and shall provide its own parking for the p-patch users. The City and/or the p-patch users shall not be allowed to use the park-n-ride lot for non park-n-ride transit uses. h. The King County reserves the right to set additional terms as unforeseen conditions may.warrani. CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17-06 By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the rights and privileges granted by this permit and/or the performance of work hereunder by the pennittee, his agents, representatives, employees and/or subcontractors. By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. Por All Coverages: The cost of such instnance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form. 1. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL G$NEItAL LIABILITY. The permittee shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Deductibles and Self -Insured Retentions The deductible and/or self -insured retention of the policies shall not limit or apply to the permittee's liability to the County and shall be the sole responsibility of the permittee. 3.Other Insurance Provisions � The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. General Liability Policy: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising out of activities performed by or on behalf of the pennittee in comtection with this permit. 2. Insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees or agents should not contribute with the permittee's insurance or benefit the permittee in any way. I ITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17-06 15i. INSURANCE CONTINUED: 3. 7'he permittee's insurance shall apply separately to each insured against whom a claim isin" v and/or lawsuit is brought, except with respect to the limits of the insurers liability. b. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five (45) days prior notice, return receipt requested, has been given to the County. 4. Acceptability of Insurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coveraue _ _ _ _ The permittee shall famish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 6. Municipal or State Asencv Provision If the Permittee is a Municipal Corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section.