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HomeMy WebLinkAbout3227 RESOLUTION NO. 3 2 2 7 A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN INTERLOCAL AGREEMENT WITH KING COUNTY TO TRANSFER OWNERSHIP AND MAINTENANCE OF THE PROPERTY, KNOWN AS AUBURNDALE PARK, TO THE CITY OF AUBURN FOR MUNICIPAL PARK PURPOSES THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING, DULY ASSEMBLED, HEREBY RESOLVES THAT: WHEREAS, the City of Auburn annexed on February 29, 2000, an area previously known as Southwest Lea Hill; and WHEREAS, THE City desires to own, operate, and maintain parks, open space, recreation facilities and programs, and other municipal programs, facilities, land and property inside its boundaries; and WHEREAS, King County desires to divest itself of ownership, management, and financial responsibility for non-regional parks, open spaces, and recreational facilities and programs located inside the City boundaries; and WHEREAS, it is in the best interest of the public that the City of Auburn and King County take those actions necessary to meet these desires, and to cooperate in any transition to insure a transition of ownership and avoid service disruption. Resolution No. 3227 May 24, 2000 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN HEREWITH RESOLVE: Section 1. The City of Auburn intends to transfer ownership, for municipal purposes, that property known as Auburndale Park, and its existing facilities, located ir~ the recently annexed area of Southwest Lea Hill as described in the legal description, denominated as Exhibit A of the Interlocal Agreement Between King County and the City of Auburn, attached hereto and made a part hereof as though set forth in full herein; and to the park area, as legally described in said Interlocal Agreement Exhibit B, denominated herein and made a part hereof as though set forth in full 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. DATED AND SIGNED this d of 2000. ..,: ay June, CITY OF AUBURN CHARLES A. BOOTH MAYOR Resolution No. 322? 1Via), 24, 2000 Page 2 of 3 ATTEST: Danielle Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3227 May 24, 2000 Page 3 of 3 288102260eI 907 Auburn City Clerk PnC=F$¢ NIl T:~T i:IG ~3.ee City of Auburn p~oE eet oF ee6 e2/26/2eet tt :24 25 West Main St. KZNG COUNTY, Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ' INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN AND KING COUNTY OWNERSHIP & OPERATION & MAINTENANCE OF AUBURNDALE PARK (RES 3227) Reference Number(s) of Documents assigned or released: E]Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) GranteelAssigneelBene~ciary: (Last name first) CITY OF AUBURN Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 [] Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Sed r.y:x~rd by P~ PER RCW39.34 ~~. D Assessor Tax ~ not yet assigned Interlocal Agreement Between King County and the City of AUBURN Relating to the Ownership, 0petition and Maintenance of Auburndale Park APe~./~//-~, -~-2;~7 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 of Auburn annexed on February 29, 2000, an area previously known as Southwest Lea Hill; and 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 responsibility for non-regional parks, open space, recreational facilities and programs inside the City boundaries; 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, the City and the County hereby agree as follows: 1. Conveyance of Title/Existing Agreements, Contracts or Permits 1.1. Within thirty (30) days of execution of this Agreement, King County shall convey to the City by deeds all its ownership interest, and when possible by assignment any leasehold interest or shared use responsibility, in the following listed park/recreation site (as described more fully in Exhibits A and B by this reference made a part hereof): Auburndale Park 1.2. All deeds to said property and property improvements ("the facilities") shall contain all reservations of record known to the County, shall incorporate all Forward Thrust Bond covenants if applicable, and IAC (Interagency Committee for Outdoor Recreation) covenants if applicable. 1.3. As consideration to the County, all deeds shall also contain the following specific covenants pertaining to use: "The City covenants to operate and maintain the property in perpetuity as a public park, public recreational facility, and/or public open space, except that the City may trade the site or part of the property for public park, public recreational property, and/or public open space of equal or greater value. The City further covenants that it will not in any way limit or restrict access to and use of the property by non-City residents. The City also covenants that any and all user fees, 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. Responsibility for Operations, Maintenance, Repairs and Improvements, and Recreation Services 2.1. As further consideration to the County, upon conveyance, the City agrees to accept the property listed in Section 1.1. above in as is condition, and to assume full and complete responsibility for all operations, maintenance, repairs, improvements of, and recreation services at said property. 3. Duration 3.1. This Agreement shall be effective upon signature by both parties, and shall continue in force unless both parties mutually consent in writing to its termination. r-. 4. Indemnification 4.1 The County and City shall indemnify, defend, and hold the other harmless to the full extent of the indemnitor's negligence as permitted under Washington law. 5. Non-Discrimination · ,--- 5.1. The City is an Equal Opportunity Employer. The City shall comply with all applicable ~ non-discrimination laws and requirements. 6. Audits and Inspections 6.1. Until December 31, 2007, any records related to any matters covered by this Interlocal Agreement 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. 2 8. Entire Agreement and Modifications 8.1. This Interlocal 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. 9. Administration of Agreement 9.1. The City and County shall each appoint a representative to review compliance with this Interlocal Agreement and to resolve any conflicts. The City and County shall notify the other in writing of its designated representative. The administrators of this Interlocal Agreement shall meet as needed. Either party is authorized to convene a meeting to discuss any such conflict by providing the other party with minimum advance notice of ten (10) working days. Such notice shall be referred respectively to the Mayor, and the Director of King County Parks. Both parties shall strive in good faith to resolve the conflict. IN WITNESS WHEREOF, the parties have executed this Agreement. t-. King County City of Auburn xecutive Mayor ~ Date Date Approved as to Form: Alproved as to Form: King County ~/f/s'~ ~'~/7~ r~ City A~orney Deputy Prosecuting A~omey Dae Date ' EXHIBIT "A" King County Parks in the Southwest Lea Hill Annexation Area Auburndale Park Picnic area, open play field, play equipment area 4 EXHIBIT "B" LEGAL DESCRIPTION As shown on deed copies, enclosed AUBURNDALE PARK The NW ¼ of the SW ¼ of the SE ¼ of Section 8, Township 21 North, Range 5 East, W.M., in King County, Washington, LESS the East 20 feet for road.