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HomeMy WebLinkAboutITEM VIII-B-4 CITY OF 1ZV ~;~J I~.1~I AGENDA BILL APPROVAL FORM WASH[NGTON Agenda Subject: Pea Patch Agreement Date: March 12, 2007 Department: Parks, Arts and Attachments: Resolution No. 4170 Budget Impact: Recreation and S ecial Use Permit S-28-07 Administrative Recommendation: City Council adopt Resolution No. 4170. Background Summary: For a number of years King County Department of Construction and Facilities Management, Property Services Division, and the City of Auburn have engaged in a lease agreement for the use of unimproved property located north of 15th Street Northwest to provide garden spots to Auburn residents. The last written agreement was made in 2006. 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 2007 growing season. Adoption of Resolution No. 4170 is requested to allow residents the opportunity to use this property during the up-coming growing season. R0402-1 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 ^Public Works ^ Legal ^ Police ^ Planning Comm. ^ Other ^Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/ /_ Referred to Until _/_/_ ', Tabled Until _/_/_ ' Councilmember: Norman Staff: Faber Meetin Date: A ril 2, 2007 Item Number: VI11.6.4 AU$UF~N * MORE THAN YoU IMAGINED RESOLUTION 41 7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SPECIAL USE PERMIT S-28-07 FROM KING COUNTY FACILITIES MANAGEMENT DIVISION TO USE KING COUNTY PROPERTY FOR THE PURPOSE OF THE CITY'S 2007 PEA PATCH GARDEN PROJECT WHEREAS, the City of Auburn has, for a number of years, participated in Pea Patch Garden projects; and WHEREAS, it is advantageous for the City and for its citizens for that participation to continue. 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 in substantial conformity with the permit a copy of which 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. 4170 March 14, 2007 Page 1 of 2 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this day of March, 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk AP VE TO FORM: Daniel B. Heid City Attorney Resolution No. 4170 March 14, 2007 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: 5-28-07 FILE NO. DATE: 02/21/2007 I PERMITTEE: CITY OF AUBURN PARKS & RECREATION - JIM WESTHUSING 1910 9TH AVENUE SE i I AUBURN, WA 98022-6200 I DAY PHONE:253 804-5052 OTHER/FAX PHONE: I I I PURPOSE: TO USE A PORTION OF COUNTY PROPERTY AS A P-PATCH. (RENEWAL OF 5-48-OS & 5-17-06) I I -~ I LEGAL DESCRIPTION 1/4 Sec Twp Rge Account No. Kroll Page I NW 07 21 OS 719W I ) I I AUBURN PARK & RIDE PARCEL #000080-0021 & 000080-0022 WITHIN THE BOUNDARIES OF THE ABOVE REFERENCED PARCELS. I (SEE LOCATION PLANS DATED 2/15/05). I I I I i I I I EXPIRATION: This permit shall not be valid for more than 7 MONTHS I I and expires on the day of 2008. I I I PERMIT FEE: $ 0.00 INSPECTION FEE: $ 0.00 I ADMINISTRATIVE FEE: $ 0.00 PLAN REVIEW FEE: $ 0.00 I LAND USE FEE: $ 0.00 OTHER FEE: $ 0.00 I BOND AMOUNT: $ 0.00 INSURANCE AMOUNT: $ 1,000,000.00 ,I I I I I Permittee MUST notify NANCY GORDON AT: 684-1411 I AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. I I _ I. By this permit King County authorizes t..he use of the above described I I Drooerty: - - I Custodial Approval ~ Date Property Services Approval Date The Permittee agrees to comply with the terms and conditions contained I herein. i SEE REVERSE SIDE FOR TERMS AND CONDITIONS. I I Signature of Permittee Date _ i ---- ~ NOTE: Permit not valid without all necessary signatures and expiration date. Ordinance 4099, King ~~ounty Code 14.46 TERMS AND CONDITIONS 1. PERMIT REVOCATION: 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 ftself, 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, aritl`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 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 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 Permittee's own 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 Title 51 RCW, which waiver has been mutually negotiated by the parties. in the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, ail 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'concurtent with that of King County to the full extent of Perrnrttee's nagLy~i;ce. ..,n,a:". ag:eee to af.:,..:.,;.de , n:f;~: . ~ ham:.! harmless the Crnrnty roe claims by Permittee's employees-and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mgtually 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, lay-off orfermination, 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 retirernehi 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 other permits to other public or private entities, nor shat! 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 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 byy written notice to the Manager of Real Estate Services Section. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense ail 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 safisfaeterv to the County. If the Permittee has not ;rccgmolish ~rJ removal and restoration at the end of a ninety-day periodfollowing the effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge ail of the costs to the Permittee. 7. RESTORATION: After completion of work authorized by this Permit, 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 all the necessary work and charge all the costs 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 a.qd 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 charge all the costs to the 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 Fermit left by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand, to the County all costs df 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 PAY~4ENT OF COST REQUIRED: The County reserves the right to use, occupy, and enjoy its property for such purposes as it shall 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 :o conform 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 other utility operators regarding the location and current status ofthen-installations bafo:e s,a.^:ing v~orl: PruNE t;~ o~rmar; atiioin;ig, cr i~r prckin~i~.; ,u, u~t t:rci~ct ss de.:~~~at.i ficir,ii~ shah ba iroti~ied by "erinitteewher~ such property is exposed to the possibility of injury or damage through performance of work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property or utility from injury or damage. 12. OTHER APPLICABLE LAWS: Issuance of this Permit does not in any way relieve the Permittee from complying with: any other applicable laws in performing the work subject to this Permit. 13. RE-ENTRY: After completion of work authorized by this Permit, if the Permittee desires to re-enter upon the property described herein for any reconstruction, notice shall be provided in advance to King Courty 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 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 C~;linty, 15. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED :iHEET(S) terms&con.rrm 05!94 - CITY OF AUBURN SPECIAL USE PERMIT 5-28-07 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 andlor 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 C'rENERAL 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. AUTOMOBILE LIABILITY: Insurance Services Office form number (CA 00 O1 Ed. 12-90 or its equivalent) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto", or the combination of symbols 2 ~8 and 9. Limits shall be no less than $1,000,000. Combined Single Limit Bodily Injury and Property Damage:' ' WORMERS COMPENSATION: Workers Lornpensation coverage, as required by the industrial Insurance Act of the State of Washington; EMPLOYERS LIABILITY or "Stop-Gad': The protection by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop-Gap" endorsement to the General Liability policy. Limits shall be no less than $1,000,000. 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. t` CITY OF AUBURN ~ f SPECIAL USE PERMIT 5-28-07 15i. INSURANCE CONTINUED: Other Insurance Provisions The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. All Liability policies except Workers Compensation: 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 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. 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. e l`? 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 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. ~L t i~it, 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 ofself-insurance shall be attached hereto gad be incorporated by reference and shall constitute compliance with this section. ~'4 ~, -,,;: CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT 5-28-07 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 fiirnish 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.