HomeMy WebLinkAboutITEM VIII-B-3
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7-- WASHINGTON
AGENDA BILL APPROVAL FORM
Aaenda Subiect Pea Patch Agreement Date: March 7, 2005
Department: Parks and I Attachments: Resolution 3836 and Budget Impact:
Recreation SDecial Use Permit S-48-05
Administrative Recommendation:
City Council adopt Resolution 3836.
Backaround Summarv:
For a number of years King County Metro (Formerly Municipality of Metropolitan Seattle, METRO) and
the City of Auburn have engaged in a lease agreement for the use of unimproved property located north
of 15'h Street NW to provide garden spots to Auburn residents. The last written agreement was made in
2004. King County plans to re-evaluate the use of this property, but have granted a license to allow the
City of Auburn to continue with the use of this property for garden spots through the end of the 2005
growing season.
Adoption of Resolution 3836 is requested to allow residents the opportunity to use this property during the
upcoming growing season.
R-0321-3
A3.17,05.1
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
DArts Comm ission COUNCIL COMMITTEES: o Building o M&O
o Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo D Finance o Parks
o Human Services [!!: Planning & CD o Fire o Planning
[!!: Park Board OPublic Works o Legal o Police
o Planning Comm. o Other o Public Works D Human Resources
Action:
Committee Approval: DYes DNo
Council Approval: DYes DNo Call for Public Hearing -'-'-
Referred to Until _1-'-
Tabled Until -'-'-
Councilmember: Sinaer I Staff: Faber
Meetina Date: March 21, 2005 I Item Number: VIII.B.3
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO.3 8 3 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE A SPECIAL USE PERMIT S-48-
05 FROM KING COUNTY FACILITIES MANAGEMENT DIVISION
TO USE KING COUNTY PROPERTY FOR THE PURPOSE OF
THE CITY'S 2005 PEA PATCH GARDEN PROJECT
WHEREAS, King County is the owner of vacant and unused property
located within the city limits of the City of Auburn; and
WHEREAS, the City of Auburn is desirous of utilizing said King County
property on a temporary basis for its Pea Patch Garden Project.
NOW, THEREFORE, 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 "An.
____M
Resolution No. 3836
March 7, 2005
Page 1 of2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall take effect and be in full force and effect
upon passage and signatures hereon.
DATED and SIGNED this
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
------
Resolution No. 3836
March 7, 2005
Page 2 of2
day of March, 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
,
ORJGf~ML
KING COUNTY
Department of Construction and Facilities Management
Property Services Division
500 King County Administration Building
500 Fourth Avenue
Seattle, WA 98104 (206) 296-7456 FAX 296-0196
SPECIAL USE PERMIT
Use of County Owned Property
PERMIT NUMBER: S-48~05
FILE NO.
DATE: 02/15/2005
PERMITTEE:
CITY OF AUBURN PARKS & RECREATION ~ JIM WESTHUSING
910 9TH AVENUE SE
AUBURN, WA 98002-6200
DAY PHONE:253 804-5052
OTHER/FAX PHONE:
PURPOSE:
TO USE A PORTION OF COUNTY PROPERTY' AS A P-PATCH AREA.
LEGAL DESCRIPTION 1/4 Sec Twp
NW 07 21
Rge Account No.
05
Kroll Page
719W
AUBURN PARK & RIDE PARCEL #IS 000080-0021 & 000080-0022
WITHIN THE BOUNDARIES OF THE ABOVE REFERENCED PARCELS.
(SEE LOCATION PLANS DATED 2/15/05) .
EXPIRATION: This permit shall not be valid for more than 1 YEAR
and expires on the day of 2006.
PERMIT FEE: $ 0.00 INSPECTION FEE: $ O. 00
ADMINISTRATIVE FEE: $ 0.00 PLAN REVIEW FEE: $ 0 .00
LAND USE FEE; $ o. 00 OTHER FEE: $ 0 .00
BOND AMOt.mT: $ 0 .00 INSURANCE AMOUNT: $ 1,000,000.00
Permittee MUST notify FARNK LORENZEN AT: 684-1832
AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION.
By this permit King County authorizes the use of the above described
property;
Custodial Approval
Date
Property Services Approval
Date
The Permittee agrees to comply with the terms and conditions contained
herein.
SEE REVERSE SIDE FOR TERMS AND CON~ITIONS.
Signatcre of Permittee
Date
I
.~L
NC'::.~E :
Permit not valid without all necessar;,-" signatures and expiratio:1 date.
Ordinance 4099, KinS County Code 14.46
¥
Resolution 3836
Exhibit A
TERMS AND CONDITiONS
p'_ERMIT Rç~{ºCt.,TION' This Permi1 is revocable a1 any tirr18 by King COllnty The right to revoke is expressly reserved 10 King County
2. INDEMNITY AND HOLD HARMLESS_ The Permittee agrees to indemnify and hold harmless King County as provided herein to the
maximum extent possible under law. Accordingly, the Permittee 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 liabili1y for all claims, demands, suits, and judgments
including costs of defense thereof for injury to persons, death, or property damage which is caused by, arises ou1 of, or is incidental to Permittee's
exercise of rights and privileges gran1ed by this Permit. The Permittee's obligation under this section shall include: a) Indemnification for such
claims whether or not they arise from the sole negligence of either the County or the Permi1tee, the concurrent negligence of both parties, or the
negligence of one or more third parties, b) The duty 10 promptly accept terlder of defense arid provide defense to the County at the Permittee's
own expense. cj 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 Title 51 RCW, which waiver has been mutually negotiated by the parties.
In the event it is necessary for the County 10 incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section,
all such fees, expenses, and costs shall be recoverable from the Permittee.
In the event it is determined that RCW 4.24.115 applies to this agreement, the Permittee agrees to defend, hold harmless, and indemnify
King County to the maximum extent permitted thereunder, and specificaHy for its negligence concurrent with that of King County to the full extent
of Permittee's negligence. Permittee 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 rnutually negotiated by the parties.
3. ANTI-DISCRIMINATION: 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,ar:cestrY, religion, national origin, age, sex, sexual orientation, marital status, or
the presence of any sensory. mental or physical handicap in an -otherwise qualified handicapped person unless based upon a bona fide
occupational qualificalion, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off or termination,
rates of payor other forms of compensation, and selection for trairling including apprenticeship, No person shall be denied, crsubjected to
discrimination in receipt of the benefit of any services or activities' made possible by or resulting from this Permit on the ground~:, ohace, color,
ancestry. religion, national origin, age (except minimum age and relfrement provisions), sex, sexual orientation, marital status, parental status, the
presence of any sensory, mental or physical handicap, or the use ora traiñèd guide-dog by a blind or deaf person. Any violation of this provision
zhall be considered a violation of a material provision of this Permit ;qnd shaUþe grounds for cancellation, termination or suspension in whole or in
part of the Permit by the County, and may result in ineligibility for further COtJnty permits.
4, NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exdusive right. 11 does not prohibit the County from
granting any other permits to other public or private entities, nor shall it prevent the County from using any public place for any and all public use
or affect its jurisdiction over any part of them
5. ASSESSMENTS: Permittee shall be required to payanyqeneral or special assessments incurred by King County which are directly
attributable to or arising from any actions. occupancy, or usage autho'rìzed herein,
6, TERMINATION: The Permittee may terminate the Permit·by written notice to the Manager of Real Estate SelVices Section. Upon
revocation, termination, or abandonment, the Permittee shall removi at his expense all facilities placed on said property by the Fermittee, and
restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, or to a condition
which is satisfactory to the County. If the Permittee 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 aft of the necessary work and charge all of the
costs to the Permittee.
7. RESTORATION: After completion of work authorized by-this Permit, the Permittee shall restore the property to a conditiqn which is
equivalent in all respects to the condition of the property prior to staiiing whrk, or a condition satisfactory to King County. If the Permittee delays
the restoration beyond expiration of the Permit the County may accÖmp!:S!l a!1 the necessary work and charge all the costs to the Permittee.
8 REPAIRING DAMAGE BY PERMITTEE: In the event that~qamag€. of any kind is caused by the Permittee in the course of performing
work authorized by this Permit, Permittee will repair said damage at its soJe'.cost and expense. Repair work shall begin without delay and continue
without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the County agent. If the County
determines it is necessary, the County may accomplish the work and chargßall the costs to the Permittee.
9. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do, order, or have done aH work considered
necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property. The
PermFtiee shall pay, upon demand, to the County all costs of stich work, materials, etc. Nothing in this section shall relieve the Permittee of duties
under Terms and Conditions No.2 above.
10. RIGHTS RESERVED TO COUNTY - CONFORMANCE AND PAYMENT OF COST REQUIRED: The County reselVes the right to use,
occupy, and enjoy its property for such purposes as it shall desire,induding', 'but not limited to, constructing or installing structures and facilities on
the property, or developing, improving, repairing or altering the prop<3rty. The Permittee, upon written notice, will at his own cost and expense
remove, repair, relocate, change or reconstruct such installations -to cbl1form with the plans of work contemplated or ordered by the County
according to a time schedule contained in the written notice.
11. NOTICE: Permittee agrees to obtain information from othef, utility operators regarding the location and current status of tr!1ir)nstallations
before starting work. Property owners adjoining, or in proximit{to,:1he pr-cject as described hereÎn shall be notified by Permitlee'when such
property is exposed to the possibility of injury or damage through pGiformance of work on the project authorized by this Permit. Permittee shall
make all <?,dv8nCf! arrar\(J~m'?f1ts r1P.(:<?r:!':3"J'O r:'Ote<'1 ~l!dl r.ronf,¡tv f,i ,",tii¡¡;dr;l'1l iniurv or dArr>noe
12. OTHER APPUCABLE LAWS' ·Iss~ance 01 thIs' P~rr'Td Ô':'es ~1~:1I1 any 'way relie';e the PermIttee from complying with any other
a¡:;plicable laws in performing the work subjed to this Permit. .
13. RE-ENTRY: After completion of work authorized by this Permit; if the Permittee desires 10 re-enter upon the property described herein
for any reconstruction, notice shall be provided in aavance to King County' together with the plans and specifications for the work proposed, and
shall not be permitted without the County's consent.
14. TITLE; This Permit grants only the right to use King Co,-!nty'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 Kinr,,:coullty.
15.
SPECIAL TERMS AND CONDITIONS:
(SEE ATTAÇ',HED SHEET(S)
termdconhm 05/94
CITY OF AUBURJ"I PARKS & RECREATION
SPECIAL USE PERMIT
S-48-05
15. SPECIAL TERMS AND CONDITIONS:
a. The pennittee 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
pennits and approvals required by the City of Auburn any work associated
with the issuance of this permit.
d. The pennittee 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 tenns and conditions ofthis pennit.
e. The permittee shall be responsible for the removal and disposal of debris
and materials associated with the issuance of this pennit.
f. The pennittee shall cut and remove the underbrush 1Ìom 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 the p-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 warrant.
CITY OF. AUBURi"i PARKS & RECREATION
SPECIAL USE PERMIT
S-48-05
15i. INSURANCE:
By the date of issuance of this permit, the pennittee shall procure and maintain, for the duration of this pennit,
insurance or coverage against claims for injuries to persons or damages to property which may arise ftom and in
connection with the rights and privileges granted by this pennit and/or the perfonnance of work hereunder by the
petmittee, 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
tenns and conditions ofthe 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 insurance shall be paid by the pennittee. Each insurance policy shall be
written on an "Occurrence Ponn."
I. Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
General Liability:
Insurance Services Office fonn number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAL
LIABILITY. The pennittee 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 pennittee's liability to
the County and shall be the sole responsibility of the pennittee.
3. Other Insurance Provisions
The insurance policies required in this permit tire 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 perfonned by or on behalf of the permittee in connection 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 pennittee's insurance or benefit the
permittee in any way.
CITY 01' AUBURN PARKS & RECREATIOl\'
SPECL\L USE PERMIT
S-48-05
15i. INSURANCE CONTINUED:
3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/or
lawsuit is brought, except with respect to the limits of the insurer's 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. Acceptabilitv 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, ifnot rated with Bests', with minimum surpluses the equivalent of Bests' surplus size
VIII.
5. Verification of Coverage
The permittee shall furnish 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 Agency Provision
lfthe 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'¡md be
incorporated by reference and shall constitute compliance with this section.