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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".
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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.
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DATED and SIGNED this~\ day of March, 2005.
CITY OF AUBURN
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PETER B. LEWIS
MAYOR
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ATTEST:
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Danielle E. Daskam,
City Clerk
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Resolution No. 3836
March 7. 2005
Page 2 012
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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
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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
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Property Services Approva
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NOTE: Permit not
The Permittee agrees to comply with the terms and conditions contained
herein.
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MAR 2 1 Z005
Date
valid without all necessary signatures and
Ordinance 4099, King County Code 14.46
expiration date.
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Resolution 3836
Exhibit A
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TERMS AND CONDITIONS
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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.instaatjons
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.
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15.
SPECIAL TERMS AND CONDITIONS:
(SEE ATTACHED SHEET(S)
lermt&çon.frm 05/94
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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.