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HomeMy WebLinkAbout1031 · ~. . RESOLUTION NO. 1 0 3 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN, TO EXECUTE AN INTERLOCJI.L AGRWÐIT FOR THE MAINTENANCE OF THE RECREATIONAL EASEMENT KNOWN AS THE INTERURBAN TRAIL (ORIGINAL AGREEMENT AUTHORIZED BY CITY OF AUBURN RESOLUTION NO. 892, DATED MAY 15, 1978) BETWEEN THE CITY OF AUBURN AND KING COUNTY. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AT A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: THE Mayor of the City of Auburn is herewith authorized to execute an Interlocal Agreement for the Maintenance of the Recreational Easement known as the Interurban Trail (original agreement authorized by City of Auburn Resolution No. 892, dated May 15, 1978) between the City of Auburn and King County. A copy of said Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. DATED and SIGNED this 19th day of November, 1979. CITY OF AUBURN 4L~ C},/f:--/ ATTEST: tlrnæ& tl.7J¡(;~rk -------------------- Resolution No. 1031 11-14-79 ~" : 1 INTERLOCAL AGREEMENT FOR THE MAINTENANCE OF THE RECREATIONAL EASEMENT KNOWN AS 2 THE INTERURBAN TRA I L 3 WHEREAS, King County executed on November 1, 1977, a recreational 4 easement with Puget Sound Power and Light for the purpose of developing a 5 multi-purpose trail, hereinafter called the PARENT AGREEMENT, and 6 WHEREAS, an INTER LOCAL AGREEMENT for developing and using the 7 Interurban Trail was signed on May 16, 1978 between King County and Algona, 8 Auburn, Kent, Pacific, Renton and Tukwila, and 9 WHEREAS, all parties to said agreement fully agreed to the need to 10 cooperatively maintain the recreational Interurban Trail, including any 11 interim routes outside the trail right-of-way, and any related appurtenances, 12 and 13 WHEREAS, the level of maintenance is to be established through a 14 MAINTENANCE AGREEMENT between King County and Algona, Auburn, Kent, Pacific, 15 Renton, and Tukwila, supplement to the INTERLOCAL AGREEMENT, and 16 WHEREAS, the level of maintenance shall reflect the Phase I development 17 of the Interurban Trail, as described in the Master Trail Plan, and 18 WHEREAS, mutual public service objectives can be satisfied through the 19 following actions; therefore 20 BY THIS AGREEMENT, by and between the County of King, acting by and 21 through the King County Executive, hereinafter called the COUNTY, and the 22 City (Cities) of Auburn , hereinafter called the AGENCY 23 (AGENCIES), agree to maintain that part of the recreational easement 24 described in Exhibit A of the PARENT AGREEMENT that is contained within their 25 legal boundaries. 26 FURTHERMORE, THE COUNTY and the AGENCY (AGENCIES) mutually agree to the 27 following conditions. 28 SECTION 1: GENERAL 31 32 1.1 Purpose: The explicit purpose of the MAINTENANCE AGREEMENT is to accomplish the following objectives. a. To mutually agree to a method of maintenance of the 29 30 . Interurban Trail, and 33 b. To assure the safe use of the Interurban Trail through the -1- ~w . . 1 2 3 4 5 6 7 8 9 10 11 12 13 U 15 16 V 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 length of this agreement. SECTION 2: ADMINISTRATIVE PROVISIONS 2.1 The King County Executive shall serve as the administrator for the purpose of this agreement. SECTION 3: PARENT AGREEMENT PROVISIONS 3.1 The recreational easement executed between the COUNTY and Puget Sound Power and Light Company, a public utility, on November 1, 1977, hereinafter called the PARENT AGREEMENT (Exhibit 1), shall govern and supersede in the event any discrepancies occur between said agreement and the INTERLOCAL AGREEMENT or the MAINTENANCE AGREEMENT. SECTION 4: ASSIGNMENT OR DELEGATION OF DUTIES 4.1 Pursuant to Sections 4 and 5 of the INTERLOCAL AGREEMENT, the COUNTY shall assign or delegate all or parts of the duties, tasks and/or rights it has under the PARENT AGREEMENT to other authorities or agencies for the purpose of development, maintenance, improvement, coordination, and/or promotion of the Interurban Trail. 4.2 In addition to Section 4.1, the level of maintenance duties and tasks as specified in Section 5 of said agreement shall be assigned or delegated in part or all to other authorities or agencies through which the Interurban Trail passes. SECTION 5: DUTIES 5.1 Outside of the Interurban Trail right-of-way: Each jurisdiction shall have the responsibility of maintaining within its boundaries, the bike routes, trails, lanes, facilities, or street improvements designated for bicycle use outside of the Interurban Trail right- of-way as described in Exhibit A of the PARENT AGREEMENT. 5.2 Hithin the Interurban Trail right-of-way: Maintenance duties for the Interurban Trail shall be the responsibility of two AGENCIES (AUBURN and KENT). a. Auburn shall be responsible for maintenance duties within its city boundaries. b. Kent shall be responsible for maintenance duties within its city boundaries. -2- '.' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 c. Maintenance duties within King County's portion shall be the responsibility of Auburn. The minimum maintenance duties recommended shall consist of sweeping the paved surface, sign and bollard replacement, litter control, and mowing or cutting overgrown vegetation, and pavement filling or fixing. a. Sweeping shall be done on a monthly basis for an eight-month peak period and then bi-monthly during the off-peak four months. b. Sign and bollard replacement shall be done when signs and bol1ards are damaged beyond use. c. Litter control and pick-up shall be done on a monthly basis for an eight-month peak period and then bi-monthly during the off-peak four months. d. Mowing or vegetation cutting shall be considered only when overgrown vegetati on begins to encroach upon the four-foot shoulders of the tra il . 6.1 e. Pavement improvements shall be done when the asphalt surface is damaged to a degree that may present an unsafe condition for trail users. SECTION 6: INDEMNITY The jurisdictions through which the trail passes, completed or partially completed, shall be placed in the position of the COUNTY with respect to the PARENT AGREEMENT and will therefore hold both King County and Puget Sound Power and Light Company harmless from and against all claims, demands and causes of action of any kind of character, including the cost of defense thereof, arising in favor of third parties, which result from the operations of the assignee or its employees, agents or representatives, or the breach by assignee of any term or condition of this easement. SECTION 7: COST AND PAYMENTS Outside of the Interurban Trail right-of-way: Maintenance cost incurred on bike routes, trails, lanes, facilities or street improvements designated for bicycle use outside of the Interurban 7.1 -3- " 1 Trail right-of-way shall be the sole responsibility of each 2 jurisdiction. 3 4 5 6 7.2 Within the Interurban Trail right-of-way: a. King County shall reimburse Auburn for maintenance duties within King County's jurisdiction. If there are any unforeseen reconstruction or capital b. 7 improvements which are substantially greater than the total 8 9 annual maintenance cost, the additional cost incurred shall be negotiated prior to any additional improvements necessary 10 to correct the situation. 11 SECTION 8: MAINTENANCE DEFICIENCIES 12 8.1 In the event the COUNTY identifies a maintenance deficiency or deficiencies, the COUNTY shall provide written notice to the assignee specifying the deficiencies so that the AGENCY can take 13 14 15 16 further action. SECTION 9: TERMINATION 17 9.1 This agreement can be terminated by either the COUNTY or the 18 AGENCY following a written notice within a 120-day period. 19 9.2 Upon termination, the indemnity clause in SECTION 6.1 shall remain 20 in full force and effect for the term of the recreational easement 21 between Puget Sound Power and Light Company and the COUNTY. 22 The AGENCY (AGENCIES) expressly agrees to all covenants and conditions 23 hereinbefore specified. 24 Accepted date Ki ng County 25 26 by date by fJf~cJU. JdA4A-7/ title 27 28 Dated this ¡¡J'--' day of November , 1979 29 City of Auburn 30 by STANLEY P. KERSEY MAYOR 31 title 32 33 APPROVED AS TO FORM AND LEGALITY '-.. ------- ~ -<',~/~/ .::_--.:...~;;,;,?¿_........ ~ .? ¿~, z_ ~ß,,- Deputy Prosecutl ng Att ney 2(' Date Aa." t' 97? " -4- , ' þ'.' '\0" .;. 1 This agreement shall be executed upon Puget Sound Power and Light 2 Company's acceptance, approval and/or consensus of said agreement, pursuant 3 to the PARENT AGREEMENT (EXHIBIT 1) SECTION 16. 4 5 6 Accepted and Approved - Puget Sound Power and Light Company ::~~?zaz:~ titl e MANAGER - RF.AT. F.~'I'A'!'F. THVTi>IO!l' Dated this....5"/h day of .~~ , 19,,2't-. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 -5- . ''''-'-