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HomeMy WebLinkAbout4170RESOLUTION 4 1 7 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SPECIAL USE PERMIT S-28-07 FROM KING COUNTY FACILITIES MANAGEMENT DIVISION TO USE KING COUNTY PROPERTY FOR THE PURPOSE OF THE CITY'S 2007 PEA PATCH GARDEN PROJECT WHEREAS, the City of Auburn has, for a number of years, participated in Pea Patch Garden projects; and WHEREAS, it is advantageous for the City and for its citizens for that participation to continue. 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 befinreen the City of Auburn and King County Facilities Management Division for the purpose of the City's Pea Patch garden project in substantial conformity with the permit a copy of which 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. 4170 March 14, 2007 Page 1 of 2 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. ~ DATED and SIGNED this a~ day o , 2007. CI AU _~ PETER B. LEWIS MAYOR ATTEST: /`~y~~t~~b ~~l ~~-,-~~~~~ Danielle E. Daskam City Clerk AP VE TO FORM: Daniel B. Heid City Attorney Resolution No. 4170 March 14, 2007 Page 2 of 2 KING COUNTY Department of Construr.tion and Facilities Management Property Services Division 500 King County AdminisY.ration Building 500 Fourth Avenue Seattle, WA 98104 (20~! 296-7456 FTjX 296-0196 SPECIAL USE PERNi:~'P Use of County Ownec] Property I PERMIT NUMBER: 5-28-07 FILE NO. DATE: 02/21/2007 ~ I PERMITTEE: ~ ~ CITY OF AUBURN PARKS & RECREATION - JIM WESTHUSING ~ 910 9TH P.V~NUE SE i A"Ui3URN, WA 98G22-6200 ~ I DAY PHONE:253 804-5052 OTHER/FP.~: PHONE: ~ - I PURPOSE: ~ TO USE A PORTION OF COUNTY PROPERTY AS A P-PATCH. I (RENEWAL OF 5-48-05 & S-17-06). ~ ~ ~ -- - - I LEGAL DESCRIPTION 1/4 Sec Twp ~qe F>r_count No. Kroll Page I NW 07 21 0= 719W AUBURN PARK & RIDE PARCEL ##0000~~-~0021 & 000080-0022 WITHIN THE BOUNDARIES OF THE ABOVE REFERENCED PARCELS. (SEE LOCATION PLANS DATED 2/15/05). EXPIRATION: This permit shall not bP ~~ai.ic: for more than 7 MONTHS and expires on the 12TH c.ay of JANUARY 2008. ( PERMIT FEE: $ 0.00 I~ISPECTION FEE: $ 0.00 ~ ( ~ ADMINISTRATIVE FEE: $ 0.00 :'I.~AN REVIEW FEE: $ ~ 0.00 I ~ ~ ~ LAND USE FEE: $ 0.00 ;:l'HER FEE: $ 0.00 I ~ ~ I BOND AMOUNT: ~ I S 0.00 ~~15URANCE AMO'JNT: $ 1,000,000.OG ~ ~ ~~ ~ Permittee MUST notify --- NANCY ;ORD~N -- AT: 684- 1411 ~ ~ AT LEAST 72 HOURS PRIOR ~ ~ TO BEG.~I~7r~INu 'rdO't~K AND IMMEDIATELY UPON COMPLETION. ~ ' -. ~ ~ ~ By this permit King County authori.zes t-~:c= use of the above described i I r_ rone.rtv : i ~ Custodi,al Approval _-~~~`~`~ l~ --- - Date --~3~_ i I ~_"----. ~ ~ ~ Property Services Approval _ _, ~ Date /`-~~. ~~-r~ ~ ~~' ~ ~ ~ t~ ~ I The Permittee ~=.c~rees to coi `•'iy with tre '~ern:s and conditi~ns contained I ~ herein. i j SEE REVERSE SIDE FOR TER ~;S NL%TT.:' i~T`~ . I ; -~ APR - ~ 20~? i j Sig.nature of Permittee _ _______`_____= ~_!_ Da.te ~_ ___ ~ ~ ~ - ---- ------- ~--- --------- _-~ NC~TE: P~.rmit not valid wi_thout all n~nce,~sary sign~,.*.ures and expiration date. O.rdinance 4099, Kin1 ~".'cantV Code 14.46 TERMS AND CONDITIOtVS PERMIT REVOCATION: This Permit is revocable at any time k~,y King County. The right to revoke is expressly reserved to King County. 2. INDEMNITY AND HOLD HARMLESS. The Permittee agrees to i;~demnify and hold harmless King County as provided herein to the maximum extent possible under law. Accordingly, the Permittee agrees for itself, its successors and assigns to defend, indemnify, and hold harmless King County, its appointed and elected officiais, and employees from and against liability for all claims, demands, suits, andjudgments including costs of defense thereof for injury to persons, death, or propert~~ 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 include: a) Indemnification for such claims whethsr 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 derense to the County at the Permittee's own expense. c) Indemnification of claims made by the Permittee's aNrn employees or agents. d) Waiver of the Permittee's immunity under the industrial insurance provisions of Title 51 RCW, which waiv2r has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from the Permitfee. In the event it is determined that RCW 4.24.115 applies to thi~ ayreement, the Permittee agrees to defend, hold harmless, and indemnify King County to the maximum ertent permitted thereunder, and s~ecificall~~ fo~ its negligence concurrent with that of King County to the full extent : ;=.• '"',:.:. ; .....~ _ . , ,.,! q. r... . •. '~.^~ r^ ~ t,'1( (, i t ?lr i y,;- g Oi ~ci~iii::~c5 ~icyi y~i';.:i:. ~ ::iii~~.,.... ~~i-c,. F:. ~:c'~' ,... ..'`~~.. ^.`fi'. 3na .. [~ '}a ,,I,oq. ~ ~ ~~ 1~ y { claims l~v Perr.~Et,er~'s ~rra~o ..~ ~nd a rees to waiver of its immunity under Titfe 81 RCW, which waiver has beer, mi~ti:a!!y negotiated by the parties. 3. ANTI-DISCRIMINATION: In all hiring or employment made pa~siale or resulting from this Permit, there shall be no discriminatiori agains# any employee or applicant for employment because of race, color, anrestry, religion, national origin, age, sex, sexual orientation, maritai status, or the presence of any sensory, mental or physical handicap in arE oth°f1N~S@ qualified handicapped person unless based upon a bona fide occupational qualification, and this requirement shall apply to but nat k~~ ;~rniked to the following: employment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training ineluding 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 retireit~ar.; c~rovisions), sex, sexual orientation, marital status, parental status, the presence of any sensory, mental or physical handicap, or the use of a'rrained guide-dog by a blind or deaf person. Any violation of this provision shall be considered a violation of a material provision of this Per~-nit and shal! l~e 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 RIGHT: Tfiis Permit shall not be deemed a; canstrued to be an exclusive right. It does not prohibit the Gounty from granting any other permits to other public or private entities, nor shal! i; ~~event the County from using any public place for any and all pi!blic use or affect its jurisdiction over any part of them. 5. ASSESSMENTS: Permittee shall be required to pay any gern;~-af or special assessments incurred by King County which, are directly attributable to or arising from any actions, occupancy, or usage authoriz~ci ~erein. 6. TERMINATION: The Permittee may terminate the Permii ~y wri'tten notice to the Manager of Real Estate Services ,~ection. Upon revocation, termination, or abandonment, the Permittee shalf remove ~t h~s expense all facilities placed on said property by the Permi#tee, and restore the premises to a condition which is equivalent in all resp~cts tc~ t~;e c~ndition existing prior to installation of the facilities, or to;a t:ondition ;,~h~rh ~s satisf-ctor; ~(? fhP GOL'~•,tv. If the Permittee h~,s ;~~~t a,~~ninlich ~~) ra~~~oval an;i restoration at the end of a ninety-day period fallcw~ing the effective date of revocation, termination, expiration, or abandorirnen., tne Go~nty may accomplish all of the necessary wark and charge all of the costs to the Permittee. 7. RESTORATION: After completion of work authorized by ±his 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 w~rk, or a condition satisfactory to King County. If the Permittee delays the restoration beyond expiration of the Permit, the County may accomplisf~ ail the necessary work and charge all the costs to the Permittee. 8. REPAIRING DAMAGE BY PERMITTEE: In the event that damaye of any kind is caused by the Permittee in the course of 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 completed. If damage is extensive, the time ailowed for repair will be prescribed by the County agent. If the County determines it is necessary, the County may accomplish the work and charge all the costs to the Permittee. 9. ABATEMENT OF UNSAFE CUNDITIONS: The County representative may at any time, do, order, cr have done all w~rk considered necessary to restore to a safe condition any area described in Fe~m~; le~4 by the Permittee in a condition dangerous to life or property. The Permittee shall pay, upon demand, to the County all costs of such wo! k, mai~rials, etc. Nothiny in this section shall relieve the Permittee of duties under Terms and Conditions No. 2 above. 10. RIGHTS RESERVED TO CUUNTY - COf~FORMANCE AN~ I?A1~~,~ENT OF COST REQUIRED: The County reserves t~~e right to use, occupy, and enjoy its property for such purposes as it shall desire inc~u~ir}a, hut not limited to, construct:ng or irstalling structures and fac,i'ities on the property, or developing, improving, repairing or altering the propz~ ~v. ~~-~e Permittee, upon written notice, will at his own cost and' ~xpense remove, repair, relocate, change or reconstruct such installations ;o c-o;~'~rm witr~ the plans of 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, ~~:i,it~~,~~perators regarding the location and current status of their installations ; _._ , .. , .. ._ . t ._. _ . .. . . .;c~~tr ..., . . . _. _ . _ . _ . . ' -~. ~ .. _ . ~_ .. . _ ~ .. aiali~~.~t,. vvJ~n. i'i4~..C~~IV U~iii~GlD .~U~.~lii-~ii, Vii:f-~~~ii~r.ii:tl iv. 1~~. ~.~v~r .,. uG.~~~n~..,,. ll _..i~. blial~ ~C II ~~". J r . i ''. , - . ' ~ .~ . ` ' ' liilllc~~ iiY ';;tlfllilcC VY71Cfl L'Uli property is exposed to the possibility of i!,jury or damage through peiforn~ance uf work on the project authorized by this Permit. Permittee shall make all advance arrangements necessary to protect such property ar ~itiGr;~ irom injury or damage. 12. OTHER APPLICABLE LAWS: Issuance of this Permit cioes r~ot in any way refieve the Permittee from complying with any other applicable laws in performing the work subject to this Permit. 13. RE-ENTRY: After completion of work authorized by this Perrr.it, if the Permittee desires to re-enter upon the property de.~cribed herein for any rF•construction, notice shall be provided in advance to King CoUr;:r;r ?~gether with fhe plans and specifications for the work prope::ed, and shalf not be permitted without the County's consent. 14. TITLE: This Permit grants only the right to use King County's u~teie~; in the herein described property, and the granting of this Permit is not a warranty that good title to any specific property is veste~ in King C~,un~y: 15. SPECIAL TERMS AND CONDITIONS: (SEE ATTAChr'~'' 3NEE7(S) rerms&con.frm 05/94 ~ ~ ~ ~ . ~ CITY OF AUBURN PARKS & RECREATION SPECIAL USE PERMIT 5-28-07 15. SPECIAL TERMS AND CONDITIONS: a. The permittee shall restrict all use of the site to the use described in the 2/15/OS 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 approvais required by the City of Auburn any wark 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. £ 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 fiirnish 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 may warrant. ' ~ITY`JF ALTBURN SPECIAL USE PERMIT 5-28-07 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 ir 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/ar 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: General Liability: Insurance Services Office form number CG 0001 (Ed. 11-88) covering COMMERCIAL GENERAI 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. AUTOMOBILE LIABILITY: Insurance Services Office form number (CA 00 O1 Ed. 12-90 or its equivalent; covering BUSINESS AUTO COVERAGE, symbol 1"any auto", or the combination of symbols 2;'-8 and 9 Limits shall be no less than $1,000,000. Combined Single Limit Bodily Injuty and Property Damage.' ` WORI~ERS C:7ivIPLNSATION: Workers C:ai~ipensation coverage, as re~uired by the industrial Insurance Act of the State of Washington; EMPLOYERS LIABILITY or "Stop-Gap": The protection by the Workers Compensation poli:cy Part ~ (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop-Gap' endorsement to the General Liability policy. Limits shall be no less than $1,000,000. 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 tc the County and shall be the sole responsibility of the permittee. "'~C1TY~`~F ALTBURN SPECIAL USE PERMIT 5-28-07 15i. INSURANCE CONTINUED: 3. Other Insurance Provisions The insurance policies required in this permit are to contain, or be endorsed to contain the followirig provisions a. All Liability policies except Workers Compensation: 1. The County, its officers, ofnciais, empioyees and agencs are to be covered as insured as rYSpects 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 andlor self-insurance maintained by the County, its officers, officials, employees or agents should not contribute with the permittee's insurance or benefit the permittee in any way. 3. The permittee's insurance shall apply separately to each insured against whom a claim is made and/ar 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 of Insurers '''"''' Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests', with minimuin surpluses the equivalent of Bests' surplus size VIIT. 5. Verification of Covera~e The permittee shall furnish the King County Real Property Division with certificates of insurance and endarsements 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 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'arid be incorporated by reference and shall constitute compliance with this section. ~'