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Home My WebLink About02-21-2006 ITEM VIII-B-6x CITYOF � < T�/TlR��T AGENDA BILL APPROVAL FORM 4WASH INGTON Agenda Subject Pea Patch Agreement Date: February 3, 2006 Department: Parks, Arts and Attachments: Resolution 3981 and Budget Impact: Recreation Special Use Permit S-17-06 Administrative Recommendation: City Council adopt Resolution 3981. Background Summary: 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 2005. King County has 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 2006 growing season. Adoption of Resolution 3981 is requested to allow residents the opportunity to use this property during the upcoming growing season. R-0221-04 A3.17 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ® Park Board [-]PublicWorks ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes [--]No Call for Public Hearing Referred to Until Tabled Until Councilmember: NormanStaff: Faber Meeting Date: February 21, 2006 1 Item Number: VIII.B.6 AUBURN * MORE THAN YOU IMAGINED RESOLUTION 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 Page 1 of 2 DATED and SIGNED this day of February, 2006. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: A3, (S Daniel B. Hel , City Attorney Resolution No. 3981 February 3, 2006 Page 2 of 2 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: 5-17-06 FILE NO. DATE: 01/30/2006 III PERMITTEE: CITY OF AUBURN PARKS & RECREATION - SIM 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 5-48-05). LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page NN 07 21 05 719W AUBURN PARK & RIDE PARCEL #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 7 MONTHS and expires on the day of 2006. PERMIT FEE: $ 0.00 INSPECTION FEE: $ 0.00 -- 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 II'MdEDIATELY 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 CONDITIONS. Signature of Permittee Date NOTE: Permit not valid without all necessary signatures and expiration date. Ordinance 4099, King County Code 14.46 TERMS AND CONDITIONS This Permit is revocable at any time by King County. The right to revoke is expressly reserved to 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 liability 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 out of, or is incidental to Permittee's exercise of rights. and privileges granted by this Permit.'. The Permiftee'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 Permittee, 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 Pernittee's own expense. c) Indemnification of claims made by the Pennittee's own employees or agents. d) Waiver of the Permiffee'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 to moor attorneys fees, legal expenses, .r 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 specifically 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 mutually 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, ancestry, 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 qualification, and this requirement shall apply to but not be limited to the following: employment, advertising, layoff 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 blind 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 cancellation, termination or suspension in whole or in part of the Permit by the County, and may result in ineligibility for further County permits. 4. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any ottier permits to other pudic or private enlitlas, ca shall it p.event the Cow+ty from using any Lublie place for any and all public use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions, occupancy, or usage authorized herein 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager of Real Estate Services Section. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, 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 Permiffee 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 Permittee. 7. RESTORATION: After completion of work authorized by this Persil, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit, the County may accomplish ail the necessary work and charge all the rusts to the Permittee. 8. REPAIRING DAMAGE BY PERMITTEE: In the event that damage 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 sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damage i9 extensive, the time allowed for repair will be prescribed by the County agent. If the County determines it is necessary, tlm Count -1 may '.ccomali h tha work and cim:'ca Pt the!: is to P•c Permittee. 9. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do, order, or have done all 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 Permittee shall pay, upon demand, to the County all costs of such 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 COS f REQUIRED: The County reserves the right to use, occupy, and enjoy its property for such purposes as it shalt desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The Permittee, upon written notice, will at his own cost and expense remove, repair, relocate, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the County according to a time schedule contained in (lie written notice. 11. NOTICE: Permiftee agrees to obtain information from other utility operators regarding the location and current status of their installations before starting work. Property owners adjoining, or in proximity to. the project as described herein shall be notified by Permittee when such property is exposed `.o the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17-06 15. 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 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 AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17-06 15i. INSURANCE: 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 permittee, 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. For All Coverages: The cost of such insurance 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 GENERAL 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. . 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: 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 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 permittee's insurance or benefit the permittee in any way. CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17-06 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. 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. 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 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. I —T Insurance Authority 26 -Jan -06 King County Department of Transportation Attn: Bernard Thompson, Property Supervisor 201 South Jackson Street, M/S KSC-TR-0435 Seattle,WA 98104-3856 RE: City of Auburn Cert#: 4387 Pea Patch License Agreement. Use of facilities at Auburn Park & Ride for Pea Patch during 2006. Evidence of Coverage P.O. Box 88030 Tukwila, WA 98138 Phone: 206-575-604b Fax: 206-575-7426 The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 115 municipal corporations in the State of Washington. WCIA has at least $1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured'. Sincerely, 1e6 2— Eric B. Larson Deputy Director cc: Brenda Heineman defter