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HomeMy WebLinkAbout4382RESOLUTION NO. 4 3 8 2 A RESOWTION OF THE QTV COUNCIL OF THE QTV OF AUBURN, WASHINGTON, AUTHORIZING THE MAVOR AND CIN CLERK TO EXECUTE AN IMERGOVERNMENTAL LAND TR4NSFER AGREEMENT BETWEEN KING COUNTY AND THE CITV OF AUBURN WHEREAS, the CITY desires to own, operate, and maintain parks, open space, recreation facilities and pmgrams, and other municipal pmgrams, facilities and propetly insitle ils bountlaries, and WHEREAS, the COUNTV tlesires to divest itself of ownership, management, antl financial reponsibilry for paiks, open space, recreation facikies and programs inside or near the Ciry bountlaries, antl WHERFAS, that portion of the property known as the King County Nohh Green River Park, is loca[etl in the City and adjacent to the Ciys Mary Olson Farm Park;and WHEREAS the atltlition of this pmpetly woultl benefit the Mary Olson Fartn and will beneft the averall plans for making the farm accessible to the public as a living exhibit, and WHEREA$ it is in the bes[ interest of the public lha[ the CITY antl the COl1NTV take actions necessary lo insure a smooth transition of the property antl avoid service disruption. NOW THEREFORE, THE CITY COUNCIL OF THE CITV OF AUBURN, WASHINGTON, IN A REGUTAR MEETING Dl1LV ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS'. ResolWion No 4382 JuIY 14 , 3008 aaee+mz Settion 1. The Mayor and City Clerk of ihe City of Aubum, Washin9ron, are hereby aulhorizetl to execute the Intergovemmental Land Trensfer Agreemenl between King CounN antl ihe City of Auburn in substantial conformiry with ihe Agreement aHachetl hereto, designaletl as Attachment "A" antl incorporated herein. Sec4on 3. The Mayor is hereby authorized to implement such adminisbative pmcedures as may be necessary to carry, out the directives of this legislation. Section 3. That this Resolution shall take eHect antl be in full force upon passage and signaWres hereon. DATED and SIGNED Ihis L day ot SeptembeG 2008. TVOFAUBURN i ~ P ER B. LEWIS MAVOR ATTEST' Da elle E Daskam, City Clerk AP E T F R' Daniel B. Heid, CilyAttorney Ra.mgon no. 4382 July10,2008 Page2013 i 4 ADM=ES-0500 . COPy King Countv Real Estate Services 500 Fourth Avenue. Rm. 500 Seattle. 'OVA 98104 _ 20~900fi~130 1 Conn(e Wong KtNG .COIINTY pq~0@i OF 010 KING /CONNTYl4UAs Plesae rtnt or h&nn2fion WASHINGTON.STATE RECORDER'S Cover Sheet RCW 65.04 Document Title 5 or transactions contained thelein :(all ara aoalicable to vour document must ILe fi!led m1 l. Intermovernmental Land TransferAgreement 2. Reference Numb s of Documents assigned or releasecl: Additional reference #'s on page of document. Granto s Last name, first name, nutials 1. KING COUNTY. WASHINGTON 2. Additional names on page of document. Grantee(s) (Last name first: then first name and initials) 1. CITY OF AUBURN : 2. Additional names on page of document. Legal descrivtion (abbreviated: i.e. lot, block, plat or section, township, range) POR SW'/o of SECTION 32, TWP 22 N, RGE 05, W.M. Assessor's Property Tax ParceUAccount Number Assessor Tax # not yet assigned 322205-9113 - The Auditor/Recorder willrely on the information provided on tb.e form. 'I'he staff will not• read the document to verify.the accuracy or completeness of the indexing information provided herein. , • Intergovernmental Land Transfer Agreement Between King County and the City of Auburn Relating to the Ownerslup, Operation and Maintenance of Pazks, Open Space, Recreation Facilities and Programs This Agreement is made and entered into this day by and between the City of Aubum, hereinafter . called "City", and King County, hereinafter called "County". WHEREAS the City desires to own, operate, and maintain`Pazks, aPen SPace, recreation facilities and programs and other manicipal programs, faciliries and property inside its boundaries; and WHEREAS the County, under the authority of RCW 36.89.050, King County Resolution 34571 and other federal, state and couaty laws; has acquired and developed a substantial.park, recreation and open space system that depends on the continued operation of its many individual properties and facilities in order to fully serve the needs ofthe =esidents of King County and the cities within it; and : WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for pazks, open space, recreational facilities and programs inside and near the City boundaries; and WHEREAS a portion of the North Green River Pazk is located in the City and adjacent to the City's Mary Olson Farm Pazk, WHEREAS the Countyis legally restricted fiom converting many of these parks, open space, and recreational facilities from their current uses without expending funds to replace the converted facilities; and WHEREAS given the legal restriction regarding conversion of the properties, the marketability " of the properties is limited and, as a result;.the cost of operating the facility is approximately. equal to the value of the property to the County; and , WHEREAS to the extent ttie City provides scholarslrips, reduced fees or other means of assuring access to parks and recreational progratnming for City residents, the City has a goal of ensuring that such scholarships or other needs-based rates and programs are available to all persons c3esiriug to use the park and recreational progratns regardless of residency, and WHEREAS it is in the best.interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption; NOW; TFEREFORE, in consideration of the mutual promises containefl herein and other good . and valuable consideration, the receipt and. adequacy of which are hereby acknowledged, the City and the County agree as follows: ' ~ . 1. Conveyance of Title. 1.1 Within thirty .(30) days of execudon of this Agreement, King County shall convey to the Ciry by deed all its ownership interest; and/or, when possible, by assignment, any . leasehold interest or shared use responsibility, in the following.listed park/recreation site(s), which are described more fully in Exhibits A and B(the "Property"): A portion of North Green River Park . 1.2 The City has reviewed Project Agreement for North Green River II Project No. 72- 042 between King County and the Washington State Interagency Corrimittee for Outdoor Recreation ("IAC") now lmown as the Recreation and Conservation Offiice. (RCO) for funding for the acqnisition of the Propeity, and agrees that it shail execute an amendmern to the Project Agreement that substitutes the City for the County as the "Contracting Pariy" in the Project Agreement so that the, City shall become the "Project Sponsor" for the parcel to be transferred. The City shall execnte this amendment within fifteen (30) days af execution of this Agreement 1.3 All deeds shall also contain the following specific covenants pertaining to use, which covenants shall run with the Iand for the benefit of the County and the County land that makes up its public park, recreation and open space system: The County and the City agm that,the County shatl have standing to enforce these covenants, which shall be set forth as follows: "The City covenants tHat it shall_ abide by and cnforce all, terms, conditions and restrictions in King County Resolution34571, including that the City covenants that the Property will continue to be used for the purposes cantemplated by Resolutivn 34571, that the Property shall not be tirmnsfeired or conveyed except by agreement,- providing that such lands shall oontinae to be used for the pucposes contemplated bg Resolution 34571, and that ttie Pcoperty shall not be converted to a different use unIess otlier equivalent lands and facilities.within the County or City shall be received . in exchange therefore." ' "'The City covenants tliat it shall place the covenants'herein in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses." "The Gity covenants that it shall not use the Property in a manner that would cause the j . interest on County bonds related to the Property to no longer be exempt from fedeial iacome taxation." ; i ~ ~ i ' 2 ~ i ~ "The City further covenants that ii will not limit or restrict access to and use of the Propertyby non-city residsnts in any way that does not also apply to city residents. The City covenants that any and aU user fees chatged for the Property, including chazges imposed by any lessees, cancessionaires, service providers, and/or other assignees shall be at the same rate for non-City residents as far the residents of the . rATy„ 2. ETdsting Restntci3ons, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the Cime of conveyance and/or in the deed of conveyance. 2.2 The Cityand the County acknowledge and agree that the Property is cuirently subject ' to special, use permit for rive protection recorcling number 20080624000905 and found as Exhibit C. Effective as of the date.the Property is conveyed to the City, the County hereby assigns, tsaasfers and conveys to the Ciry all of the County's rights, privileges and obligations in the Pernut, and the City herebyaccepts and assumes all of the County's rights, privileges and obligations in the Permit. 3. Condition of Prennises and Responsibility for Operations, Maintenance, Repairs, Imp=ovements, and Recreation 5ervices . . 3.1 The City has inspected and knows the condition ofthe Propert.y and agtee.s to accept ~ the Property in AS IS condition, and to, assuine full and complete responsibility for all operatians, maintenance, repairs, improvements of, and provision of recreational services at, the Property. 3.2 King Counry does not make and specifically disclaims any warranties, express or implied, including;any warranty of inerchantability or fitneas for a particular purpose, with respect to the Property, and no official, employee, representative or agent of King Counry is authorized otherwise. 3.3 The City aclrnowledges and agrees that except as indicated in paragtaph 41, the ' County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect.or deficiency of any kiad whatsoever in the Property without regard to whether such defect or deficiency was lnown or discoverable by the City or the Connty. 4. Environimental LiabliIity 4.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous. or toxic wastes, materials; or substances as defined in state or federal statutes or regulations as • . currently adopted or,hereafter amended. 3 , ' i 4.2 Nothing in this agreement shall be deemed to waive any statutoryclaim for contribution that the City might have against the County under federal or state . environmental statutes that arises from hazardous materials deposited or released on • the Property by the County during the County's pesiod of ownership. The City may not, however, assert such a claim to the extent that the Cifiy creates:the need for or - exacerbates the cost ofremediation upon which a statutory claim for contribution is based as a Iesult of the City performing construction.activities on the Properly, changing the configuration of the Property, or changing the use of the Properiy. 4.3 If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against tfie Connty it shall immediately notify the Couttty in writing. Such notice shall in no event be provided more than 10 days after discovery. The parties shall make their best efforts to reach agreement as to wluch party is responsible for remediation under the terms of this Agreement prior to ~ undertaking any remediation. ' 4.4 In no event shall the County be responsible for any costs of remediation that exceed . ~ the minimum necessary to satisfy the state or federal agency with jurisdiction over the j remediadon. i ~ 5. Indetnnification and Iiold Harmless 5.1 King County shall indemnify and hold harnaless the City and its elected officials, officers, agents or employees, or any of them, from and against any. and aIl claims, actions, snits, lialiili.ty, loss, cos;s, expenses and datnages of anynature whatsoever, (i) wluch are caused by or result from a negligent action or amission of King County, its officers, agents and employees in perfornung its obligations pursuant to this Agreement, and/or (u) arising fiom those occurrences related to the Property that . occurred prior to the effective date of conveyance of the Property to the City, except ~ to the extent that indemnifying or holding the City harmless would be limited by Section 5 ofthis Agreement. In the event thai any suit based upon such a claim, action, toss or damage is broaght against the Gity or the City and King County; King County shall defend the same at its sole cost and expense and, if final judgment be . readered against the City and its elected; officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agenfs and employees, King County sha11 satisfy the same. 5.2 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City fram. any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rnles or regulations. i If any cause, claim, suit, action or administrative proceedingis commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is ente=ed or damages are awarded against the City, the Countyor both, the City shall satisfy the same, including a1T chargeable casts and attorney's fees. ; t 4 ; ~ i . 5.3 The City shall indemnify and hold harmless King County and its, elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liabiliry, loss, costs, expenses and damages of any nature whatsoever; (i) which are caused by or result'from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those occuirences,related to the Property that occurred on or after the effective date of conveyance of the Property to the C.ity, except to the extent ~ #hat indemnifying,or holding the County hamiless would be limited by Section 5 of ` this Agreement In the: event that any suit based upon such a:claim, action, loss or damage is bmught agauist King County or King Connty and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against K'ing County and the City and their respective officers, agents and employees, khe City shall satisfy the same. , 5.4 Each Party to this Agreement sha11 immediately notify the other of any and all claims, i actions, losses or damages that arise or are bmught againstthat Party relating to or ' pertaining to the Property. SS Each party agrees that its obligations under tlus pa=agraph extend to any ciaim, demand, and/or cause of action brought by oz on bchalf of any employees, or agents. - For this purpose, each garty, by mutual.negotiation, hereby waiyes, with respect to the ` other pazty only, any immunitythat would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessazy to indemnify the other party. . 6. Aadits and Inspections . 6.1 Until December 31, 2018, any of either party's records related to any matters covered by this Intergovernmental Agreement not otherwise privileged shall be subject to . inspection, review, and/or audit by either party at the requesting party's sole"expense. Such records shall be made available for inspecdon duiing regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any bieach of any term or condition of this Agreement.shall not be deemed a waiver of any prior or subsequent breach. No term or condition sliall be waived, - modified or deleted except by an inswment, in writing, signed by the parkies hereto. 8. Entire Agreement and Modifications 8.1 This intergovernmental Agreement and its Exhibits sets forth the entire agreement betvveen the parties witti respect ta the subject matter hereof. It may be supplemented • by addenda or amendments, which have been agreed upon by both parties m writing. Copies of such addenda and amendments shallbe attached heieto and by this reference made part ofthis contract as though fully sex forth herein. . 5 9. Duratlon and Authority 9.1 This agreement shall be effective upon signatm-e and authorization by both parties. The tenns, covenants; representations and warranties contained herein shall not merge in the deed of conveyance, but shall survive the conveyance and shall continue in forceunless both parties mutually consent in writing to ternunation. 10. Notice 10.1 Any norice provided for herein shall be sent to ttie respective parties at: King Countv: Kevin Brown, Division Director Daryl Faber, Director Pazks and Recreatian Division, DNRP Auburn Pazks, Arts 8c Reaeation 201 South Jackson Street, #'700 910 - 9b Street SE ' Seattle, WA 98104 Auburn, WA 98002 206-296-8631 2537931-3043 Kevin.brown@kingcounty.gov dfaber4auburnwa,gov Fax: 206-296-8686 Faxc 253-931-4005 .IN WTTNESS WHEREOF, the parties have executed this Agreement ' g Coun ,ty of r . - . • . . . K1Ag COL1Aty FJCBCIItIVC MSyOT .SEP 15 2008 _ Date Date App e to F A ro d V1W ounty ty ttome Senior Deputy secuting Attorney SEP 15 2008 2~ Date Date 6 ~ STATE OF WASHII~TGTOI~ ) SS , COUNTY OF KING ) On this "0`2:~1. day of . 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me lrnown to be the individual described in and who executed the forgoing instniment, and acknowl~edged to me that ~-1'~ signed and sealed tt►e said I instnzment as ffi4S free and voluntazy act and deed for the nses and purposed therein ; mentioned. _ ; , j WITNESS my hand and official seal hereto affixed the da year in 's certificate above ~ written. ~ i `~~~~uu i i r~r~~,~ `~~~~`tipBETH t~ ~i,~~~ • tuzs~~~i C-0UG n~(.W~ . i sloy - Notary Public in and for the ~ ~ ' ~ • State of Wasiungton, residing =Z = ~ ` x;' ~NOTAR~ ~;~e' ~ . . _ ~ ~ -o-. : ~ = at ~~~1p- ~ ~J4 ~ u G~h4 ~ :r , ' ' jO~B~~~' ; ~ Ciry and State ~~J',~r~'pV Z~1'1;;~p`~~: ~~~''~i ~F~WA$H~~~`~~ MY aPPointment expires C D~l -~Dt a ~~~►i~i►i~i~~~~`~~ STATE OF WASHIl~TGTOl~ ~ ) SS COUNTY OF K]NG ~ ) ~ On this - day of . 2008, before me, the undersigned, a Notary Public in and for the State of WashingWn, duly commissioned and sworn personally . appeared, to me known to be the individual des bed in and who ~executed the forgoing instrument, an acla~owledged to me that ~ signerl and sealed the said instrument as ~ free and voluntary act and, dced for the uses and purposed therein , mentioned. WTTNESS my hand and official seal hereto affixed the day and year in this c~ertificate above written. Notary Public in and far the ,,,~~~~~~E E ~~,,r,~~~ State of Washington, residing i ~ ' • r.,g,,,`~~aa~~t~S ~ r~Q~4 ~ - /,/J~ _ O~~ ~tSSiQlb ~~!~y~.f. At ~YL ~GX~(~{G~. C(/ fT _ = a~:~~TA,p Q'+.~ : o s: : City and State ' =c, . . ~ % ' ' ' ~ My appointment expires ~~T..S'Z~ ~ ~ q~ : _ +,yr 9j;~ir 1~ 9L ~ , _ _ . , •!~~%C~ ~~~~FI1~~~~1~.~``G'~~ - t, ` 't'~O~ M~S~~`~~~`` ~ EXHIBIT A , Legal Descriptions A portion of SW 1/4 of Section 32, TWP 22 N, RGE. 05, W.M. 8 . ~ EXHIBIT B "The property" ~ - ~ _ ~ ~ , ~ . . . I f I y S i . 1 4 ~ ~ . •q ~F ; ~ ~ u ~k ~ _ ' , j s~ , , ` i • , 4 a ~r~ ~{a . ~ .~.~rG..b!~.•~„ - . r'~~r,,,.~ ~ f ~ . L . ~ ~ _ s•.t~~~ R~~.k . '9i•~S 4* ~ ~ . . • b}5~ . ~ . - i . 9