Loading...
HomeMy WebLinkAbout3981 RESOLUTION 3 9 8 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL USE PERMIT S-17-06 FROM KING COUNTY FACILITIES MANAGEMENT DIVISION TO USE KING COUNTY PROPERTY FOR THE PURPOSE OF THE CITY'S 2006 PEA PATCH GARDEN PROJECT 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". Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3981 February 3, 2006 Page 1 of 2 ). $r DATED and SIGNED this , 1./ day of February, 2006. ATTEST: ~~~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Hel , City Attorney Resolution No. 3981 February 3, 2006 Page 2 of2 CITY OF AUBURN /' C .-----:;". PETER B. LEWIS MAYOR .~ .. '"" h~ Pdd:V KING COUNTY Department of Construction and Facilities Management Property Services Division 500 King County Administration Building 500 Fourth Avenue Seattle, WA 98104 (2~6) 296-7456 FAX 296-0196 SPECIAL USE PERMIT Use of County Owned Property $ 0.00 INSPECTION FEE: $ 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 0.00 u I I 0.00 0.00 DATE: 01/30/2006 PERMIT NUMBER: S-17-06 FILE NO. PERMITTEE: CITY OF AUBURN PARKS & RECREATION - JIM WESTHUSING 910 9TH AVENUE SE AUBURN, WA 98022-6200 DAY PHONE:253 804-5052 OTHER/FAX PHONE: PURPOSE: TO USE A PORTION OF COUNTY PROPERTY AS A P-PATCH. (RENEWAL OF S-48-05) . LEGAL DESCRIPTION 1/4 Sec Twp NW 07 21 Rge Account No. 05 Kroll Page 719W AUBURN PARK & RIDE PARCEL #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 7 MONTHS and expires on the 9th day of October 2006. I I PERMIT FEE: I I ADMINISTRATIVE FEE: $ I I LAND USE FEE: I I BOND AMOUNT: I I I Permittee MUST notify NANCY GORDON AT: 684-1411 I AT LEAST 72 HOURS PRIOR TO BEGINNING WORK AND IMMEDIATELY UPON COMPLETION. I I I I By this permit King I property: I I I I I t'l'h~'~.::;\\!.~'JJ;~, I heJ:eln. I SEE REVERSE SID I I Signature of Permi I NOTE: Permit not valid without all necessary signatures and expiration date. Ordinance 4099, King County Code 14.46 0.00 PLAN REVIEW FEE: $ $ 0.00 OTHER FEE: $ $ 0.00 INSURANCE AMOUNT: $ 1,000,000.00 county~uthorizes the use of the above described (/ i/ Custodial Approval -----r-:.:'f{~~-- _ __ _ ___ Date Property Services APproJI ):<5..L-_ ~ tlL-.--L....-------.... Date 1 )' ~ " .1_ &: () (, cYd~ /a6 ,. I I I I I I I f I I ! I conditions contained C~Tnl\L:::-:: ) Date FEB 2 1 2006 ..-<~-.'" TERMS AND CONDITIONS ~, 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 LInder law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments including costs of defense thereof for injury to persons, death, or pro~crty damage which is caused by, arises out of, or is incidental to Permittee's exercise of rights and privileges granted by this Permit. The Permittee's obligation under thIS section shall irlc!udc: a) Indemnification for such claims whether or not they arise from the sole negligence of either the County or the Permittee, the concurrent negligence of both parties, or the negligence of one or more third parties. b) The duty to promptly accept tender of defense and provide defense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's own employees or agents. d) Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW, which waiver has been mutually negotiated by the parties, In the event it is necessarv for the County to incur ~ttorney's fe<l'\ legal expenses. ~lr 0ther cc,Gts to enfoiT8 the provrsions of i:,is section, all such fees, expenses, ana costs shall be recoverable from the Permittee. In the event it is determined that RCW 4.24.115 applies to this agreement, the Permittee agrees to defend, hold harmless, and indemnify King County to the maximum extent permitted thereunder, and specifically for its negligence concurrent with that of King County to the full extent of Permittee's negligence. Permittee agrees to defend, indemnify, and hold harmless the County for claims by Permittee's employees and agrees to waiver of its immunity under Title 51 RCW, which waiver has been mutually negotiated by the parties. 3. ANTI-DISCRIMINATION: In all hiring or employment made possible or resulting from this Permit, there shall be no discrimination against any employee or applicant for employment because of race, color, ancestry, religion, national origin, age, sex, sexual orientation, marital status, or the presence of 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 be limited to the following: employment, advertising, lay-off or termination, rates of payor other forms of compensation, and selection for training including apprenticeship. No person shall be denied, or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Permit on the grounds of race, color, ancestry, religion, national origin, age (except minimum age and retirement provisions), sex, sexual orientation, marital status, parental status, the preser.ce of an:; s.ensol), mental rJr physical handicap, or the use of ;:;. trained guide-dog by a blind or dp.af person. Any violation of this provision shall be considered a violation of a material provision of this Permit and shall be grounds for cancellation, termination or suspension in whole or in part of the Permit by the County, and may result in ineligibility for further County permits. 4, NON-EXCLUSiVE BIGliT This Permit shall not be deemed or construed to be an exclusive right. It does not prohibit the County from granting any other pSi rlHt~ to ether fJur.;ic Of private entities, r,orS!-,2:! It p..w..,nt tile CJUI,ty from u.~ir.g any ~ Jblic place for any and all public use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permittee shall be required to pay any general or special assessments incurred by King County which are directly attributable to or arising from any actions, occupancy, or usage authorized herein. 6. TERMINATION: The Permittee may terminate the Permit by written notice to the Manager of Real Estate Services Section. Upon revocation, termination, or abandonment, the Permittee shall remove at his expense all facilities placed on said property by the Permittee, and restore the premises to a condition which is equivalent in all respects to the condition existing prior to installation of the facilities, or to a condition which is satisfactory to the County. If the Permittee has not accomplished removal and restoration at the end of a ninety-day period following the effective date of revocation, termination, expiration, or abandonment, the County may accomplish all of the necessary work and charge all of the costs to the Permittee. 7, RESTORATION: After completion of work authorized by this Permit, the Permittee shall restore the property to a condition which is equivalent in all respects to the condition of the property prior to starting work, or a condition satisfactory to King County, If the Permittee delays the restoration bey'ond expiration of the Permit, the County may accomplish ail the necessary work and charge all the costs to the Permittee. 8. REPJ\IRIN~pAMAGE BY PERMI1TEE: In the event that da'llage of ;:my kind is caJsed by the Perrrittee in the COU"SP. of performing work authorized by this Permit, Permittee w!ll repair said damage at its sole cost and expense. Repair work shall begin without delay and continue without interruption until completed. If damag.e '5 extensive. tile timE.' a!!uwed for r~pair \^..ilI be prescribed by the County agent. If the County deternlines it is n'2:CeSs8IY, tba CCl'Jnfl/ may ;"tCc0cn;,lh:h t::c v/ork and c:h8!r~ ~il th3 s~~ts to t:"G tJern~itte{:3. 9. ABATEMENT OF UNSAFE CONDITIONS: The County representative may at any time, do. order, or have done all w:1rk considered necessary to restore to a safe condition any area described in Permit left by the Permittee in a condition dangerous to life or property, The Permittee shall pay, upon demand, to the County all costs of such work, materials, etc. Nothing in this section shall relieve the Perl1'lttee of duties under Terms and Conditions NO.2 above. 10. RIGHTS RESERVED TO COUNTY _- CONFORMANCE AND P,W10ENT OF COST REQUIRED: The County reserves the:: right to use, occupy, and enjoy its property for such purposes as it shall deSire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. The Permittee, upon written notice, will at his own cost and expense remove, repair, relocate, change or reconstruct such installations to COnform with the plans of work contemplated or ordered :)y the County according to a time schedule contained in the written notice. 11. NOTICE: Permittee agrees to obtain information from other utility operators regarding the location and current status of their installatiOnS before starting work. Property owners adjoining, or in proximity to the project as described herein shall be notified by Permittee when such prope. rty. is ,exposed ~o ~~~.e.Eos.~~ility_o!_~njury or d. amage t..hrough, perforn,vlIlce of work on the project authorized by this Permit. Permittee shall maKe ali aaVariCE:l an angerne:rns necessary La ~l ',l18Cl SUCil p(Or,,,,i'ty vi ~!Wily ii Ui 1\ :nJwy ui ddl,',age, 12. OTHER APPLICABLE LAWS: Issuance of this Permit :j1)e~ not :n any w';),y relieve the Permittee from complying w:th any other applicable laws in performing the work subject to this Permit. . 13. E.r::.,::,,!Tr:r~' .,'\"tM S':U::;:'P.::lh' oJ 'A")'" ;<1' ;""';~~,(l-'f .'~:- ..,. r'. 'f*,'~.!Jrliri1"JlI_ HrITil r t tUn T_.t.t~~~-iP" for any reconstruction, notice shall b::: provlde'l in advance to r:'li1g Couniy tc,getrlcr ./,tll the planti a:id speL.!:cations for the: work prooosed, and shall not be permitted without the Co.mty's consent. 14. TITLE: This Permit grant~ :mly the right to use King County's interest In the herein descr:bed property, and the granting of this Permit is not a warranty that good title to any specific property is ve!'ited in King County. L:~,<;;'-+f'",~ ,5. SPECIAL TERMS AND CONDITIONS: (SEE ATTACHED SHEET\S) t.rms&con.frm 05/94 ."f, CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17 -06 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 the 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 County reserves the right to set additional terms as unforeseen conditions maywarran~. . ,ClTY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17 -06 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 within these insurance requirements shall be deemed to limit the scope, application and/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."~. 1. Minimum Scope and Limits of Insurance Coverage shall be at least as broad as: ;'C': ~ ( : ' 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 liability 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 out 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 officers, officials, employees or agents should not contribute with the permittee's insurance or bene~t the permittee in any way. . ,CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT S-17 -06 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 receip,t requested, has been given to the County. 4. Acceptability ofInsurers Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, ifnot rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coverage, ~~___ ~_ _ The permittee shall furnish theUKingcounty 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 Agency Provision If the Permittee 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 hereto fmd be incorporated by reference and shall constitute compliance with this section. 'JI' In t~:.