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HomeMy WebLinkAbout3836 RESOLUTION NO.3 8 3 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A SPECIAL USE PERMIT S-48- 05 FROM KING COUNTY FACILITIES MANAGEMENT DIVISION TO USE KING COUNTY PROPERTY FOR THE PURPOSE OF THE CITY'S 2005 PEA PATCH GARDEN PROJECT WHEREAS, King County is the owner of vacant and unused property located within the city limits of the City of Auburn; and WHEREAS, the City of Auburn is desirous of utilizing said King County property on a temporary basis for its Pea Patch Garden Project. NOW, THEREFORE, 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 Special Use Permit between the City of Auburn and King County Facilities Management Division for the purpose of the City's Pea Patch Garden Project. A copy of said permit is attached hereto and denominated Exhibit "A". ---------------- Resolution No. 3836 March 7, 2005 Page 1 012 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall take effect and be in full force and effect upon passage and signatures hereon. ~ DATED and SIGNED this~\ day of March, 2005. CITY OF AUBURN ~~...~ \~'-~ ~ -)3\::---- PETER B. LEWIS MAYOR (,.:':~ ATTEST: æaJ:::N~pJ Danielle E. Daskam, City Clerk --------------- Resolution No. 3836 March 7. 2005 Page 2 012 '. (¿~ . PJJ'y. ~ . vrtlC H 'b KING COUNTY Department of Construction and Property Services Division 500 King County Administration 500 Fourth Avenue Seattle, WA 98104 Facilities Management Building (206) 296-7456 FAX 296-0196 ~r 1.9~ SPECIAL USE PERMIT Use of County Owned Property PERMIT NUMBER: S-48-05 FILE NO. DATE: 02/15/2005 PERMITTEE: CITY OF AUBURN PARKS & RECREATION - JIM WESTHUSING 910 9TH AVENUE SE AUBURN, WA 98002-6200 DAY PHONE:253 804-5052 OTHER/FAX PHONE: PURPOSE: TO USE A PORTION OF COUNTY PROPERTY AS A P-PATCH AREA. LEGAL DESCRIPTION 1/4 See Twp NW 07 21 Kroll Page 719W Rge Account No. 05 AUBURN PARK & RIDE PARCEL #'S 000080-0021 & 000080-0022 WITHIN THE BOUNDARIES OF THE ABOVE REFERENCED PARCELS. (SEE LOCATION PLANS DATED 2/15/05) . EXPIRATION: This permit shall not be valid for more than 1 YEAR and expires on the 11TH day of MAY 2006. PERMIT FEE: $ 0.00 INSPECTION FEE: $ 0.00 ADMINISTRATIVE FEE: $ 0.00 PLAN REVIEW FEE: $ 0.00 LAND USE FEE: $ 0.00 OTHER FEE: $ 0.00 BOND AMOUNT: $ 0.00 INSURANCE AMOUNT: $ 1,000,000.00 Permittee MUST notify FARNK LORENZEN AT: 684-1832 AT LEAST 72 HQURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. King County authorizes the use of the above described ~J~o> . ~,-IZJ-OS Property Services Approva ! I , I I I ! i NOTE: Permit not The Permittee agrees to comply with the terms and conditions contained herein. :::":::::':,':::':::":"~~O'~> MAR 2 1 Z005 Date valid without all necessary signatures and Ordinance 4099, King County Code 14.46 expiration date. ø Resolution 3836 Exhibit A ~>],."","",- ..... I I I I I 1 I I I I I I I I ! I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I i , I I , I I I I I I I ! I I ! ! I -L TERMS AND CONDITIONS ~..' ~ . ;;N' 1. PERMIT REVOCATION: This Permit is revocable at any time by King County. The right to revoke is expressly reserved to King County. 2, INDEMNITY AND HOLD HARMLESS. The Permittee agrees.. to indemnify and hold harmless King County as provided herein to the maximum extent possible under law. Acocrdingly. the Permittee agrees lor itself, its successors and assigns to delend. indemnify, and hold harmless King County, its appointed and elected officials. and employees from and against liability lor all claims, demands, suits. and judgments including costs of delense thereol lor injury to persons, death, or property damage which is caused by, arises out 01. or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's. .obligation under this section shall include: a) indemnification for such claims whether or not they arise Irom the sole negligence 01 either the County or the Permittee, the concurrent negligence 01 both parties, or the negligence 01 one or more third parties. b) The duty to promptly accept tender 01 delense and provide delense to the County at the Permittee's own expense. c) Indemnification 01 claims made by the Permittee's own employees or agents. d) Waiver 01 the Permittee's immunity under the industrial insurance provisions otTitle 51 RCW, which waiver has been mutually negotiated by the parties, In the event it is necessary lor the County to incur attorney's lees, legal expenses, or other costs to enforce the provisions 01 this section, all such lees. expenses. and ccsts shall be recoverable from the Perl1)ittee. In the event it is determined that RCW 4.24.115 applies to 1his agreement, the Permittee agrees to delend. hold harmless. and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that 01 King County to the lull extent of Permittee's negligence. Permittee agrees to delend, indemnify, and hold harmless the County lor claims by Permittee's employees and agrees to waiver 01 its immunity under Title 51 RCW, which waiver has be~n mutually negotiated by the parties. 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting Irom this Permit, there shall be no discrimination against any employee or applicant lor employment because 01 race. cclor, ancestry, religion. national origin, age, sex, sexual orientation, marital status, or the presence 01 any sensory. mental or physical handicap in an' otherwise qualified handicapped person unless based upon a bona fide occupational qualification. and this requirement shall apply to but not bé limited to the lollowing: employment, advertising, lay,off or termination, rates 01 payor 01her lorms 01 compensation, and selection lor training including apprenticeship. No person shall be denied, 0r subjected to discrimination in receipt 01 the benefit of any services or activities made possible by or resulting lrom this Permit on the ground,. ohace, cclor, ancestry. religion. national origin. age (except minimum age and retirement provisions). sex, sexual orientation, marital status, parental status, the presence 01 any sensory, mental or physical handicap, or the use ofa trained guide-dog by a blind or deal person. Any violation 01 this provision shall be ccnsidered a violation of a material provision 01 this Permit and shall þe grounds lor cancellation, termination or suspension In whole or in part of the Permit by the County. and may result in ineligibility lor lurther Co~";ty permits. 4. NON-EXCLUSIVE RIGHT: This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County Irom granting any other permits to other public or private entities, nor shall it prevent the County from using any public place lor any and all public use or affect lis jurisdiction over any part olthem. 5. ASSESSMENTS: Permittee shall be required to pay any ,general or special assessments incurred by King County which are directly attributable to or arising lrom any actions, occupancy, or usage authorized herein. 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager 01 Real Estate Services Section. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the ;:"ermittee, and restore the premises to a condition which is equivalent in all respect.. to the condition existing prior to installation 01 the facilities, or to a condition which is satislactory to the County. .If the Permittee has not accJ)mplishi'1d removal and restoration at the end of a ninety-day perioc following the effective date 01 revocation. termination. expiration, or abandonment, the County may accomplish all 01 the necessary work and charge all 01 the costs to the Permittee. 7. RESTORATION: After completion 01 work authorized by this Permit, the Permittee shall restore the property to a condition which is . equivalent in all respects to the condition 01 the property prior to starting work, or a condition satislactory to King County. II the Permittee delays the restoration beyond expiration 01 the Permit, the County may acccmpl;s~ aI/ the necessary work and charge all the costs to the Permittee. 8. REPAIRING DAMAGE BY PERMITTEE: In the event thaUiamage 01 any kind is caused by the Permittee in the course 01 performing work authorized by this Permit. Permittee will repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until ccmpleted. II damage is extensive, the time allowed lor repair will be prescribed by the County agent. If the County determines it is necessary. the County may accomplish the work and charg~ all the costs to the Permittee. g. ABATEMENT OF UNSAFE CONDITIONS: The County remesentative may at any time. do, order. or have done all work considered necessary to restore to a sale ccndition any area described in Permit left by the Permittee in a condition dangerous to lile or property. The Permittee shall pay. upon demand, to the County all ccsts 01 such work, materials, etc. Nothing in this section shall relieve the Permittee 01 duties under Terms and Conditions NO.2 above. . 10. RIGHTS RESERVED TO COUNTY - CONFORMANCE AND PAYMENT OF COST REQUIRED: The County reserves ti\e right to use, occupy, and enjoy its property lor such purposes as it shall desire induding, but not limited to, ccnstructing or installing structures and lacilities on the property, or developing, improving, repairing or altering the pro~",rty. The Permittee, upon written notice, will at his own cost and expense remove, repair. relocate, change or reconstruct such installations tö coolorm with the plans 01 work contemplated or ordered by the County according to a time schedule contained in the written notice. 11. NOTICE: Permittee agrees to obtain information from othe(,utility operators regarding the location and current status of U""~Îr.insta atjons belore starting work. Property owners adjoining. or in proximitý to,the project as described herein shail be' notified by Permittee when such property is exposed to the possibility 01 injury or damage through pedormance 01 work on the project authorized by this Permit. Permittee shall - make a!l-aèv:3nce arrangDmel"lts ræ~-ary-~op:-oter:t--:=;fJGh-rroRrtYì1r-ÒtJtrty horn injury ör QóI11Age-- - - 12. OTHER APPLICABLE LAWS: Issuance of this Permit c'oes net jn any way relieve the Permittee Irom complying with any other applicable laws in performing the work subject 10 this Permit. 13. RE-ENTRY: After ccmpletion 01 work authorized by this Permit, il the Permittee desires to re-enter upon the property described herein lor any reconstruction, notice shall be provided in advance to King County together with the plans and specifications lor the work proposed, and shall not be permitted without the County's ccnsent. 14. TITLE: This Permit grants only the right to use King County's interest ir the herein described property, and the granting 01 this Permit is not a warranty that good title to any specific property is vested in King, çounty. , 15. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET(S) lermt&çon.frm 05/94 ~~ · , CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-48-05 15. SPECIAL TERMS AND CONDITIONS: a. The permittee shall restrict all use of the site to the use described in the 2/15/05 letter and site plans. b. The permittee shall be responsible for all maintenance and/or repairs to the p-patch. c. The permittee is responsible to obtain and provide proof all necessary permits and approvals required by 1he City of Auburn any work associated with the issuance of this permit. d. The permittee shall restore King County property to its original or better condition or to a condition approved by King County Department of Transportation Transit Division upon completion of the use authorized under the terms and conditions of this permit. e. The permittee shall be responsible for the removal and disposal of debris and materials associated with the issuance of this permit. f. The permittee shall cut and remove the underbrush from the wooded strip running along the western boundary of the p-patch, leaving the trees and larger bushes intact. g. The permittee shall furnish its own access to the p-patch and shall provide its own parking for the p-patch users. The City and/or the p-patch users shall not be allowed to use the park-n-ride lot for non park-n-ride transit uses. h. The King Coun1y reserves the right to set additional terms as unforeseen conditions may warrant. CFI'YOF.AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-48-05 15i. INSURANCE: By the date of issuance of this permit, the permittee shall procure and maintain, for the duration of this permit, insurance or coverage against claims for injuries to persons or damages to property which may arise from and in connection with the rights and privileges granted by this permit and/or the performance of work hereunder by the permittee, his agents, representatives, employees and/or subcontractors. By requiring such minimum insurance coverage, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained wi1hin these insurance requirements shall be deemed to limit the scope, application ?l1d/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. For All Coverages: The cost of such insurance shall be paid by the permittee. Each insurance policy shall be written on an "Occurrence Form." I. Minimum Scope and Limits ofInsurance Coverage shall be at least as broad as: General Liability: Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY. The permittee shall maintain limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. Deductibles and Self-Insured Retentions The deductible and/or self-insured retention of the policies shall not limit or apply to the permittee's liabili1y to the County and shall be the sole responsibility of the permittee. 3. Other Insurance Provisions The insurance policies required in this permit are to contain, or be endorsed to contain the following provisions a. General Liability Policy: 1. The County, its officers, officials, employees and agents are to be covered as insured as respects liability arising ou1 of activities performed by or on behalf of the permittee in connection with this permit. 2. Insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and agents. Any insurance and/or self-insurance maintained by the County, its üfíícers, officials, employees or agents should not contribute with the permittee's insurance or benefit the permittee in any way. cITy OF AUBURN PARKS & RECREATION SPECIAL ÙSE PERMIT S-48-05 15i. INSURANCE CONTINUED: 3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. b. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits prior to the expiration date of this special use permit, unless forty-five (45) days prior notice, return receipt requested, has been given to the County. 4. AccePtabilitv ofInsurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' ;jting of no less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coverage The permittee shall furnish the King County Real Property Division with certificates of insurance and endorsements required by this permit. The County reserves the right to require complete, certified copies of all required insurance policies at any time. 6. Municipal or State Agencv Provision If the Pennittee is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached heret,,¡¡nrJ be incorporated by reference and shall constitute compliance with this section.