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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
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ATTEST:
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Resolution No. 1031
11-14-79
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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
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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.
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SECTION 1: GENERAL
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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
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Interurban Trail, and
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b. To assure the safe use of the Interurban Trail through the
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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.
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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
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Trail right-of-way shall be the sole responsibility of each
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jurisdiction.
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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
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improvements which are substantially greater than the total
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annual maintenance cost, the additional cost incurred shall
be negotiated prior to any additional improvements necessary
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to correct the situation.
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SECTION 8: MAINTENANCE DEFICIENCIES
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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
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further action.
SECTION 9: TERMINATION
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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.
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Accepted
date
Ki ng County
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by
date
by fJf~cJU. JdA4A-7/
title
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Dated this ¡¡J'--' day of November
, 1979
29 City of Auburn
30 by
STANLEY P. KERSEY
MAYOR
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title
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APPROVED AS TO FORM AND LEGALITY
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Deputy Prosecutl ng Att ney
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Date
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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.
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Accepted and Approved - Puget Sound Power and Light Company
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titl e MANAGER - RF.AT. F.~'I'A'!'F. THVTi>IO!l'
Dated this....5"/h day of .~~ , 19,,2't-.
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