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
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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
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4 ADM=ES-0500 . COPy
King Countv Real Estate Services
500 Fourth Avenue. Rm. 500
Seattle. 'OVA 98104
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20~900fi~130
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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.
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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:
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. 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."
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"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.
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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
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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. ;
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. 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. .
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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
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~ 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. _ ;
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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
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` 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
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_ O~~ ~tSSiQlb ~~!~y~.f. At ~YL ~GX~(~{G~. C(/ fT
_ = a~:~~TA,p Q'+.~ :
o s: : City and State
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~ % ' ' ' ~ My appointment expires ~~T..S'Z~
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EXHIBIT A
, Legal Descriptions
A portion of SW 1/4 of Section 32, TWP 22 N, RGE. 05, W.M.
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EXHIBIT B
"The property"
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