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."
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"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.
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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.
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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"
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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