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HomeMy WebLinkAbout3573RESOLUTION NO. 3573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A PEA PATCH USE LICENSE FOR THE CITY OF AUBURN AND THE KING COUNTY DEPARTEMENT OF TRANSPORTATION FOR THE PURPOSE OF THE CITY'S PEA PATCH GARDEN PROJECT FOR THE YEAR 2003. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a License between the City of Auburn and King County Department of Transportation for the purpose of the City's Pea Patch garden project. A copy of said License is attached hereto and denominated Exhibit "1". 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 day of March, 2003. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 3573 February 27, 2003 Page 1 of 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution No. 3573 February 27, 2003 Page 2 of 2 KING COUNTY Metro Transit Division Department of Transportation Design and Construction Services Transit Real Estate and Environmental Planning 201 South Jackson Street M.S. KSC-TR-0431 Seattle, WA 98104-3856 Execute in duplication and return one copy to address below. LICENSE King County Department of Transportation, hereinafter "County", hereby grants a temporary License to the City of Auburn and its licensees, hereinafter "City" for the purpose of using a portion of the Auburn Park-and-Ride lot property for a pea patch garden. The City recognizes and agrees that the purpose of the License is for its sole benefit and convenience. County assumes no responsibility of the care or custody of equipment, materials, or supplies to be used on County property nor does County agree to provide an alternative facility if for any reason the Premises should cease to continue to be available. This License is subject to the following conditions. By executing this License, the City hereby accepts each such condition: 1. Premises: The Premises will consist of unimproved Auburn Park-and-Ride property lying north of 15th Street N.E. and east of proposed "A" Street N.E., in the City of Auburn, said portion being the north 300 feet of the west 258.77 feet of the site acquired by Metro Transit for the Auburn Park-and-Ride site according to the instrument recorded as Auditor's File No. 7609290414, records of King County, WA. The Premises is identified in "Attachment A", which is attached hereto. Consideration: The consideration for this License shall be One and No/1 O0 Dollars ($1.00) paid in hand to County by the City and the mutual benefits to be derived from the service to the public by the use of the Premises. As other consideration, the City shall cut and remove the underbrush from the wooded strip running alongside the western boundary of the Pea Patch, leaving the trees and larger bushes intact. o Term: Unless terminated by either Party, the term of this License is from April 1, 2003 to December 31, 2003 (pursuant to Section 11 of this Agreement ("Termination")). Use of the Premises may not be continued without prior written approval from the County. o o Use: City shall use the Premises solely as a garden ("Pea Patch") to be cultivated in connection with the City's garden project for recreational and open space purposes and the City agrees that products grown on the Premises shall not in any way be used for commercial purposes. The rights granted to the City do not provide the City with any interest in the title to the Auburn Park-and-Ride lot. Responsibility: City shall be solely responsible for the conduct of all activities associated with the temporary use of the Premises. City shall keep the Premises free of graffiti, debris or anything of a dangerous or toxic nature or which would create an unsafe or unsanitary condition. Access and Parking: City shall furnish its own access to the Pea Patch and shall provide its own parking for the Pea Patch users. City equipment shall not be allowed on the park- and-ride property and the Pea Patch users shall not be allowed to use the park-and-ride lot fo/' non-park-and-ride transit uses. Indemnification: To the fullest extent permitted by law, it is expressly agreed and understood that City shall indemnify, defend and hold harmless King County, its appointed and elected officials, employees (individually) and agents, each an "Indemnified Party" and collectively, the "Indemnified Parties", from and against any and all claims, liability, damages, losses and causes of actions arising out of or resulting from City's exercise of rights and privileges granted by this License ("indenmity Claims"). City shall promptly dispose of Indemnity Claims, defend all lawsuits and similar proceedings filed against an Indemnified Party on the account of Indemnity Claims, and pay all awards and judgements rendered against an Indemnified Party in connection therewith including, but not limited to, attorneys fees and costs. City expressly acknowledges and agrees that if Indemnity Claims are caused or alleged to be caused in part by a joint or concurrent negligent act (either active or passive) or omission by an Indemnified Party, City shall indemnify, hold harmless and defend such Indemnified Party from such Indemnity Claims. In no event, except wherein the City's employee(s) fail to meet the criteria stated in the "Purpose" above, shall City be obligated to indemnify an Indemnified Party for Indemnity Claims that arise out of or result from the sole negligence or willful misconduct of such Indemnified Party or those for whose acts the Indemnified Party may be responsible or liable. For the sole purpose of effecting the indemnification obligations hereunder and not for the benefit of City's employees or any third parties unrelated to the Indemnified Parties, by mutual negotiation, City specifically and expressly waives any immunity that may be granted City under Washington State Industrial Insurance Act, RCW Title 51. Further, the indemnification obligations hereunder shall not be limited in any way by any limitation on the amount of type of damages, compensation or benefits payable to or for any third party under any worker compensation acts, disability benefit acts or other employee benefit acts. 8. Insurance: City shah make no use of the Premises until City has obtained: (1) Cornrnercial General Liability Insurance at least as broad as ISO form CG 00 01, 1 1- 88 ed., with limits of not less than One Million Dollars ($1,000,0OO) per occurrence and for those policies with an aggregate limit, not less than a Two Million Dollar ($2,000,000) aggregate; and (2) Commercial Automobile Liability Insurance at least as broad as I$O form CA 00 O1, 12-90 ed. covering all vehicles operated under the tcmis of this agreement with limits of liability not less than One Million Dollars ($1,000,000) per occurrence; and (3) 'Workers' Compensation insurance in the amount and type required by law; and (4) Stop Gap/Employers Liability coverage in the amount of One Million Dollars ($1,000,000). Insurance shal. 1 be written on an occurrence form by insurers with a Best's rating of at least A-VII. Exceptions must be approved by the County. Such policies shall include or be endorsed to include the County, its officers, agents and employees as additional insureds. Such insurance shall contain "severability of interest" (cross liability) wording and shall be primary to and not contributing with any insurance or self-insurance which may be carried by the County. Prior to making any use of the Premises, City shall provide to the County certificates of insurance and endorsements, reflecting full compliance with the requirements hereinabove set forth. Said certificates shall provide for not less than thirty (30) days advance written notice to King County in the event of cancellation or material change in the policies or insurance required. Permits and Utilities: City shall be responsible for obtaining all necessary permits or licenses in order to have the Pea Patch within the Premises. City shall provide copies of said permits to County upon its request. All utilities used in connection with the Pea Patch, including water service, shall be metered separately and paid for by the City. 10. Nondiscrimination: City, including City's personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree: -~i)-That no person, on the grounds of creed, race, color, sex, age, national origin or the presence of any sensory, mental or physical handicap, shall be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination in the use of said facilities and the Premises; and (2) That in the construction of any improvements on, over or under such land and the furnishing of services therein, no person on the grounds of creed, race, color, sex, age, national origin or the presence of any sensory, mental or physical handicap shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination; and (3) That the City shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal RegUlations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation. Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above non-discrimination covenants, King County shall have the right to terminate the License and to re-enter and repossess said Premises and the facilities thereon, and hold the same as if said pexmit had never been made or issued. 11. Assi,qnment/Transfer: City may not assign or transfer this License or any interest or rights therein. 12. Termination: This Agreement is a revocable license, revocable by either Party without cause upon thirty (30)days written notice. At the end of the term of this License or any .extension or hold-over thereof, or' other revocation or termination of this License, City shall peacefully deliver to County possession of the Premises in the same condition as received. Dated this_/~ ~ day 2003. CIT Pet, · OF AUBURN . k B. Lewis, Mayor KING COUNTY DEPARTI~ ENT OF //~RAN~OR?ATION Design & Construction Section Metro Transit Division