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HomeMy WebLinkAbout3593RESOLUTION No. 3593 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN (CITY) AND GREEN RIVER COMMUNITY COLLEGE (GRCC) FOR THE USE AND SUPPLEMENTAL MAINTENANCE OF THE LEA HILL PARK (PARK). WHEREAS, the City of Auburn solely owns Lea Hill Park and its facilities, the CITY shall manage all maintenance, field scheduling and communications necessary for the full public use of the PARK; and WHEREAS, this agreement is to provide cooperation between the CITY and GRCC in scheduling the use of facilities and performance of supplemental maintenance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. herewith authorized to The Mayor and City Clerk of the City of Auburn are execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. 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 ,?~/z>~ day of April, 2003. Resolution No. 3593 March 27, 2003 Page 1 of 2 CITY OF AUBURN PETER~B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney ~. Resolution No. 3593 March 27, 2003 Page 2 of 2 AGREEMENT BETWEEN THE CITY OF AUBURN, WASHINGTON, AND GREEN RIVER COMMUNITY COLLEGE FOR RECREATION FACILITY USE THIS AGREEMENT, entered into this 307~' day of ~ 8)t ,200 ~ , between the City of Auburn, State of Washington (hereinafter referred to as the ,'City") and Green River Community College (hereinafter referred to as "GRCC"), for the use and supplemental maintenance of the Lea Hill Park (hereinafter referred to as the "Park" and the GRCC Gymnasium (hereinafter referred to as the "Gynmasium.") WITNESSETH: WHEREAS, The City solely owns the Park and its attendant facilities, and is responsible for management and maintenance thereof, field scheduling and communications necessary for the full public use of the Park; and WHEREAS, maintenance thereof, the Gymnasium; and GRCC solely owns the Gymnasium, and is responsible for management and field scheduling and communications necessary for the full public use of WHEREAS, The parties have negotiated an agreement with the purpose of providing cooperation between the City and GRCC, in scheduling the use of recreation facilities and performance of supplemental maintenance. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. SCHEDULING FACILITY USE: A. Lea Hill Park Ball Field GRCC will be given first priority for ball field use form February 1st through June 1st of each agreement year on the following days and times. Field # 1- Monday through Friday 2 PM to 6 PM. Saturday no later than 6 PM. Sunday no later than 6 PM. Field # 2- Monday through Friday 11 AM to 6 PM. Saturday no later than 2:30 PM. Sunday no later than 5 PM. GRCC will submit a preliminary game schedule no later than September 30th of each agreement year. Modifications to the schedule will be submitted no later than January 30th of each agreement year. GRCC will submit an annual block schedule on a quarterly basis to reflect Exhibit "A" the actual use; such a schedule shall list holidays, college vacations, and any other days that GRCC will not schedule the use of the ball fields. B. GRCC Gynmasium and Locker rooms The City of Auburn Parks and Recreation Department will be allowed use of the GRCC gymnasium and locker rooms according to the following schedule: Each Monday evening from 6:30 p.m. to 10:00 p.m. Beginning the Monday following the Thanksgiving Holiday and ending on the first Monday in June, of each agreement year. Beginning the Monday and Tuesday of the 2nd week in June and ending on the last Monday and Tuesday in August, of each agreement year. 2. SUPPLEMENTAL MAINTENANCE: GRCC may, at its option and choice, provide, in connection with its use of the ball fields at the Park all or any parts of the Supplemental Maintenance identified in the attached Exhibit #1, incorporated herein by this reference, during the period of February 1st through October 30th of each agreement year. GRCC is hereby authorized to provide such Supplemental Maintenance, or any parts thereof, provided that GRCC shall not alter the grounds and ball field facilities, or remove any part or portion of the grounds, materials, facilities or natural resources of the premises without prior written consent of the City. 3. AGREEMENT PERIODS AND TERMINATION' The agreement period shall be from February 1, 2003 to October 30, 2003. The Agreement will automatically renew each year for up to ten consecutive years, unless terminated by one or both parties. Either party may terminate the Agreement by giving written notice of termination to the other party, provided that the termination shall not be effective until ninety days after the other party's receipt of the notice of termination, unless otherwise agreed by the parties. 4. VEHICLE ACCESS: The City shall provide keys to the lower lot swing gate at the Park for the purpose of vehicle entry to load and unload equipment and performance of maintenance. 5. PARKING: GRCC students, staff, and faculty may use the Park's parking lot during the times identified in Part 1A of this agreement. 6. HOLD HARMLESS AND INDEMNIFICATION: Each party to this agreement shall be responsible for claims and damages to persons or 2 property resulting from acts of omissions on the part of itself, its employees, or its officers. Neither party to this agreement assumes any responsibility to the other part for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. Neither party to this agreement shall be considered the agent of the other party. Each party shall indemnify and hold the other party and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the other party arising, out of, in connection with, or incident to the execution of this Agreement and/or that party's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the other party, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of that party; and provided further, that nothing herein shall require that party to hold harmless or defend the other party, its agents, employees and/or officers from any claims arising from the sole negligence of the other party, its agents, employees, and/or officers. No liability shall attach to either party by reason of entering into this Agreement, except as expressly provided herein. 7. INSURANCE: Each of the parties hereto shall maintain during the term of this agreement not less than two million dollars of general liability insurance coverage, whether through insurance policies, participation in insurance pools, self-insurance, or a combination thereof. 8. AMENDMENTS: Either party may request modifications in the scope of permissible activities, terms, or conditions of this Agreement. Proposed modifications, which are mutually agreed upon, shall be incorporated by written amendment to this Agreement. 10. COMMUNICATIONS AND POINT OF CONTACTS: Communications shall be sent to the following points of contact: GRCC CITY Steve Ashpole Green River Community College 12401 SE 320th Street Auburn, WA 98092 (253) 833-9111 Ext. 2481 Daryl Faber, Director Auburn Parks and Recreation 910 9th Street SE Auburn, WA 98002 (253) 931-3043 11. ACCEPTANCE AND SIGNATURES: The parties hereto agree and accept the terms, conditions, covenants and all matters and laws incorporated by reference herein and therefore cause their hands to affix their signatures as evidence to their acceptance of this Agreement before their designated witnesses and/or notaries. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. Peter B. Lewis, Mayor A~TEST: D~irfielle Daskam, City Clerk ~.afi~erB. He~'d,__~' - "~ City Attorney GREEN RIVER COMMUNITY COLLEGE Rick Bmmfield ~ ' Vice President for Business Affairs STATE OF WASHINGTON ) ) COUNTY OF KING ) On this ~-I~'~'' day of Q.___~. , 2003, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared Peter B. Lewis and Danielle Daskam, to me known to be the Mayor and City Clerk of the City of Auburn, the municipal corporation of the State of Washington, referenced as the "City" in the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the forth ..... -.-...,, date hereinabove set '.._-.--~ F.v:::a..;',::,'ih,,. ( ~ ('~-..<"~ i') ~-,~' -'.{b~ ".-:::.i', -'.';~ '~ ......... I__ ' ~--) >' ,~ .'~.~ ........ ,, :;::'.. '> tS!OTARY PUBLIC in and f0rthe Sf~ate ~ o :o ,? .... ~.,. of Washington, residing in (~ ~ - (.) ..... ;: ,,, _ 5 :- i.:~i.:ii~!xC : .. MY COMMISSION expires: STATE OF WASHINGTON ) ) COUNTY OF KING ) On this ~(~' day o~o.v,~ , 2003, before me, the undersigned, a Notary Public in and for the State of Wasl'hngton,T'O personally appeared Rick Bmmfield, to me known to be the Vice President of Business Affairs of Green River Community College, an educational facility of the State of Washington, referenced as "GRCC" within the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said educational facility. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. Q~D ~ ~ ~ resii~am md for the Sta~J) Ol W'a'ghington, in ~ MY COMMISSION ex ,ires: EXHIBIT #1 SUPPLEMENTAL MAINTENANCE ITEMS PRIOR TO PRACTICES Prepare field for use: Remove litter, rake mound area as needed, grade surface as needed, drag surface as needed, plug bases, remove standing water, rake bullpen. AFTER PRACTICES Restore field: Rake mound, flatten lips, broom excess soil away, broom lines and plate, drag infield, broom and hose dugouts, rake and clean bullpen, sweep/clean all turf. PRIOR TO GAMES Prepare field for use: Mow infield and outfield as needed, add surface as needed, remove litter, rake mound area as needed, grade surface as needed, drag surface as needed, plug bases, remove standing water, rake bullpen. AFTER GAMES Restore field: Rake mound, flatten lips, broom excess soil away, broom lines and plate, drag infield, broom and hose dugouts, rake and clean bullpen, sweep/clean all turf. ON-GOING Edging the lines and infield, mowing, painting dugouts, benches and center field wall, sanding and seeding.