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HomeMy WebLinkAboutITEM VIII-B-3 * --*,/ Æc.. 1,1Y '0 F,~ ,-, ._-~'~_'. "I-~i't:r~p ( T *'."~ ~~.BD t\J. '" 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.