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HomeMy WebLinkAboutITEM VIII-B-11k /CITY OF T I7UB V AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Intergovernmental Agreement with King County for Date: August 12, 2008 Transfer of ro ertadjacent to Ma Olson Farm to the City of Auburn Department: Parks, Arts and Attachments: Resolution 4382 and Budget Impact: Recreation Intergovernmental Land Transfer Agreement Between King County and the City of Auburn Administrative Recommendation: City Council adopt Resolution 4382. Background Summary: Over the past few years, King County has divested itself of several park properties, transferring ownership to the City of Auburn. King County has offered to enter into an interlocal agreement with the City of Auburn for the transfer of an approximately 5.18 acre portion of the North Green River Park to the City of Auburn. This portion of the park is in the urban area adjacent to the City and abuts the Mary Olson Farm, and is a parcel that used to be part of this historic farm. King County Parks and Recreation has embraced some changes and innovations, including their Parks Business Transition Plan, which directed the Division to place its major focus on trails, and regional and rural parks. They continue to work with other entities to transfer parks and facilities outside the scope of Parks Business plan. In discussions between the two local governments, the City has indicated their desire to assume ownership and operation of this land, and to incorporate it into the development of the Mary Olson Farm. The City's development of the site increases its value to both the park and the public. Staff asks that Council adopt Resolution 4382, authorizing the Mayor and City Clerk, to enter into the Intergovernmental Land Transfer Agreement with King County, allowing us to take ownership of the property adjacent to the Farm R-0915-1 A3.12.1, 05.1.2 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 Museum Board ? 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 meeting Date: September 15, 2008 Item Number: VIII.B.1 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 3 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERNMENTAL LAND TRANSFER AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN WHEREAS, the CITY desires to own, operate, and maintain parks, open space, recreation facilities and programs, and other municipal programs, facilities and property inside its boundaries; and WHEREAS, the COUNTY desires to divest itself of ownership, management, and financial reponsibilty for parks, open space, recreation facilties and programs inside or near the City boundaries; and WHEREAS, that portion of the property known as the King County North Green River Park, is located in the City and adjacent to the City's Mary Olson Farm Park; and WHEREAS, the addition of this property would benefit the Mary Olson Farm and will benefit the overall plans for making the farm accessible to the public as a living exhibit; and WHEREAS, it is in the best interest of the public that the CITY and the COUNTY take actions necessary to insure a smooth transition of the property and avoid service disruption. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Resolution No. 4382 July 14, 2008 Page 1 of 2 Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Intergovernmental Land Transfer Agreement between King County and the City of Auburn in substantial conformity with the Agreement attached hereto, designated as Attachment "A" and incorporated herein. 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. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of September, 2008. ' CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk F Daniel B. Heid, City Attorney --------------------------- Resolution No. 4382 July 14, 2008 Page 2 of 3 Attachment A Intergovernmental Land Transfer Agreement Between King County and the City of Auburn Relating to the Ownership, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs This Agreement is made and entered into this day by and between the City of Auburn, hereinafter called "City", and King County, hereinafter called "County". WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS the County, under the authority of RCW 36.89.050, King County Resolution 34571. and other federal, state and county laws, has acquired and developed a substantial park, recreation and open space system that depends on the continued operation of its many individual properties and facilities in order to fully serve the needs of the residents of King County and the cities within it; and WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for parks, open space, recreational facilities and programs inside and near the City boundaries; and WHEREAS a portion of the North Green River Park is located in the City and adjacent to the City's Mary Olson Farm Park, WHEREAS the County is legally restricted from converting many of these parks, open space, and recreational facilities from their current uses without expending funds to replace the converted facilities; and WHEREAS given the legal restriction regarding conversion of the properties, the marketability of the properties is limited and, as a result, the cost of operating the facility is approximately equal to the value of the property to the County; and WHEREAS to the extent the City provides scholarships, reduced fees or other means of assuring access to parks and recreational programming for City residents, the City has a goal of ensuring that such scholarships or other needs-based rates and programs are available to all persons desiring to use the park and recreational programs regardless of residency, and WHEREAS it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Conveyance of Title 1.1 Within thirty (30) days of execution of this Agreement, King County shall convey to the City by deed all its ownership interest, and/or, when possible, by assignment, any leasehold interest or shared use responsibility, in the following listed park/recreation site(s), which are described more fully in Exhibits A and B (the "Property"): A portion of North Green River Park 1.2 The City has reviewed Project Agreement for North Green River II Project No. 72- 042 between King County and the Washington State Interagency Committee for Outdoor Recreation ("IAC") now known as the Recreation and Conservation Office (RCO) for funding for the acquisition of the Property, and agrees that it shall execute an amendment to the Project Agreement that substitutes the City for the County as the "Contracting Party" in the Project Agreement so that the City shall become the "Project Sponsor" for the parcel to be transferred. The City shall execute this amendment within fifteen (30) days of execution of this Agreement 13 All deeds shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City covenants that it shall abide by and enforce all terms, conditions and restrictions in King County Resolution 34571, including that the City covenants that the Property will continue to be used for the purposes contemplated by Resolution 34571, that the Property shall not be transferred or conveyed except by agreement providing that such lands shall continue to be used for the purposes contemplated by Resolution 34571, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or City shall be received in exchange therefore." "The City covenants that it shall place the covenants herein in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses." "The City covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." 2 "The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that any and all user fees charged for the Property, including charges imposed by any lessees, concessionaires, service providers, and/or other. assignees shall be at the same rate for non-City residents as for the residents of the City." 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. 2.2 The City and the County acknowledge and agree that the Property is currently subject to special use permit for rive protection recording number 20080624000905 and found as Exhibit C. Effective as of the date the Property is conveyed to the City, the County hereby assigns, transfers and conveys to the City all of the County's rights, privileges and obligations in the Permit, and the City hereby accepts and assumes all of the County's rights, privileges and obligations in the Permit. 3. Condition of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 3.1 The City has inspected and knows the condition of the Property and agrees to accept the Property in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, improvements of, and provision of recreational services at, the Property. 3.2 King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of King County is authorized otherwise. 3.3 The City acknowledges and agrees that except as indicated in paragraph 4.2, the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County. 4. Environmental Liability 4.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 3 4.2 Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property by the County during the County's period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the Property, or changing the use of the Property. 4.3 If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. Such notice shall in no event be provided more than 10 days after discovery. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. 4.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 5. Indemnification and Hold Harmless 5.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of King County, its officers, agents and employees in performing its obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred prior to the effective date of conveyance of the Property to the City, except to the extent that indemnifying or holding the City harmless would be limited by Section 5 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. 5.2 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 4 5.3 The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred on or after the effective date of conveyance of the Property to the City, except to the extent that indemnifying or holding the County harmless would be limited by Section 5 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. 5.4 Each Party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against That Party relating to or pertaining to the Property. 5.5 Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 6. Audits and Inspections 6.1 Until December 31, 2018, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 8. Entire Agreement and Modifications 8.1 This Intergovernmental Agreement and its Exhibits sets forth the entire agreement between the parties with respect to the subject matter hereof. It may be supplemented by addenda or amendments, which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 5 9. Duration and Authority 9.1 This agreement shall be effective upon signature and authorization by both parties. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance, but shall survive the conveyance and shall continue in force unless both parties mutually consent in writing to termination. 10. Notice 10.1 Any notice provided for herein shall be sent to the respective parties at: King Coun!y: Kevin Brown, Division Director Parks and Recreation Division, DNRP 201 South Jackson Street, #700 Seattle, WA 98104 206-296-8631 Kevin.brown@kingeounty.gov Fax: 206-296-8686 City: Daryl Faber, Director Auburn Parks, Arts & Recreation 910 - 9`h Street SE Auburn, WA 98002 253-931-3043 dfaber@aubumwa.gov Fax: 253-931-4005 IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Auburn King County Executive Mayor Date Approved as to Form: King County Senior Deputy Prosecuting Attorney Date Date Date 6 STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires 7 EXHIBIT A Legal Descriptions A portion of SW 1/4 of Section 32, TWP 22 N, RGE. 05, W.M. EXHIBIT B "The Property" w' 1 Y } S N 4 mot 'a 9 Exhibit C i-l King County Oivislon or Parks and Rereeatint! rropukv 6lryngccr:,i King -,tw.t C.nr r.:r r tir• Idi° Karl- V2-0700 ;01 %uth Jack,,on 8tre.M SAtr.':00 3(*a t,'d''A 54104-3856 ;05 :6 , 6? 16 FIN Ji'?-35 4.63:7 June 12, 2008 ar_jVED TO: Ltciug William., Siaparvicnr_ Franchise and Permit Section FNE Rt)bcriNumlcnkairlp, P cpc ty # cnt? RT:: li ORTU { IRTMN UMM PARK - R i VM Protec.Lkl a Permit ALIaChad is the River f 1 rrie3c khi Spwial l!,it l'CIS k V01- 140111) (fiveii Rivtr ftd parcel 322205 9113. As we've discussed previously; Parks will be rausterA g rhis parcel to the City of :'Wbura and a pcrmir is Otlr prei Cncd imtlument to gran: this prot?otim to the Kmg County Flood C(AxImt District Theresa J enning.s has gipped on beivilf of the District and Tom Korey has signed on Narks' bchplf ns rh.• custadiaf agWCY, We non- nocc: a signed and uetarizcd signature from kcal EM'c services m pap 4, which I assume will be Wati'm Afwr die p=:til is Agate 1 needs to bo T--L!cntlex:. Um requoMing, 11mL Void- McG lakv cHTC Ur 111 4 m lv'ell. Thanks I'i,: your Su!.ikmix;e, tliicprcrcest i(,my:iical bl-L)ur not mal process ajidwe alipreciaLb4aFur rlcxibilhy. Let me k aoxv if you hrve any iuestians. 10