HomeMy WebLinkAbout3319 RESOLUTION NO. 3 3 1 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
_
WASHINGTON, AIJTHORIZING THE MAYOR AND CITY CLERK TO
EXEGUT€ A PEA PATQH USE PERMIT FOR THE CITY OF AUBURN AND
� KING COUNTY METRO TRANSIT DIVISION FOR THE PURPOSE OF THE
CITY'S PEA PATCH GARDEN PROJECT FOR THE YEAR 2001.
_ _ _ _
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 Pea Patch Use Permit between the City of Auburn and
King County Metro Transit Division of the Department of Transportation for the �
purpose of the City's Pea Patch garden project, A copy of said Permit is
attached hereto and denominated Exhibit "1".
Section 2. The Mayor is hereby aufhorized to implement such
administrative procedures as may be necessary to carry out the directives of
. this legislation. �
DATED and SIGNED thisp76�day of February , 2001.
CITY OF AUBURN
G �-�CG
- CHARLES A. BOOTH
MAYOR
Resolufion No. 3319
January 26, 2001
Page 1 of 2
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
l� `� �
` Michael J. Reynolds,
Cify Attorney
�
Resolution No. 3319
January 26, 2001
Page 2 of 2
�
HING COUNTY
Metro Transit Division
Department of Transportation
Design and Construction Servioes
Tr�►nsit Real Estate and F,uvironmental Planning.
2U1 South Jackson Street
M.S.KSC-TR-U431
Seattle,WA 98104-3856
Exeente in duphcation and return one copy to address below:
LICENSE
King County Department of Transportation, hereinafter"County", hereby authorizes
temporary right of entry to The City of Auburn and its licensees, hereinafter"City" for the
purposes of using a.portion of the Aubu.m Park-and-Ride lot property for a pea patch garden.
The City recognizes and agrees that the purpose of the License is for its sole benefit and
- convenience. County assumes no responsibility of the care or custody of equipment,
materials, or supplies to be used on County property nor does County agree to provide an
altemative facility if for any reason the premises should cease to continue to be available.
This License is subject to follov►wing conditions. By exeeuting this License, the City hereby
accepts each such condition:
,
1. Premises; The premises will consist of unimproved Auburn Park-and-Ride property lying
north of 15�' Street N.E, and east of proposed"A" Street N.E.,in the City of Auburn, said
portion being the north 300 feet of the west 258.77 feet of the.site acquired by Metro
Transit for.the Aubum Park-and-Ride site according to instrument recorded as Auditor's
, .
File No. 7609290414, records of King Gounty, WA. See Attachment A.
2. Consideration: The consideration of this License sha11 be One and No/100 Dollars($1.OQ)
paid in hand to County by the City and 4he mutual benefts to be derived from the service
_ to the public by the use of the premises. As other consideration, the City shail cut a.nd
_ remove the underbrush from the wooded strip running alongside the western boundary of
the Pea Patch, leaving the trees and larger bushes intaet.
3. Term: The term of this License is from February 1 to December 31, 2001. Use of
property may not be continued without prior written approval from the County
4: Use: City shall use the premises for solely as a garden to be cultivated in connection with
the City's garden project for recreational and open space purposes a:nd the City agrees that
Resolution 3319—Exhibit 1
January 26,2001
Page 1 of 4
products grown on the Premises shall not in any way be used for commercial purposes.
The rights granted to the City do not provide the City with any interest in the title to the
Auburn Park-and-Ride lot.
5. Responsibility_ City shall be solely responsible for the conduct of all activities associated
with the temporary use of the premises. The City may not assign the License.
6. Aceess and Parkin�: The City shall fiunish its own aceess to the Pea Patch area and shall
provide its own parking for the Pea Patch users. City equipment and the Pea Patch users
shall not be allowed to use fhe park-and-ride lot for non-park-and-ride tra.nsit uses.
7. Indemnification: To the fullest extent permitted by law; it is expressly agreed and'
understood that City shall indemnify, defend and hold harmless King County, its
appointed and elected offcials, employees (individually)and agents, each an
"Indemnified Party" and collectively, the"Indemnified Parties")from and aga:inst any a.nd
a11 claims; liability, damages, losses and causes of actions, arising out of or resulting from
City's�exercise ofrights and privileges granted by this License, ("Indemnity Claims").
City sha11 promptly dispose of Indemnity Claims, defend a111awsuits and simila.r
proceedings filed against an Indemnified party on the aecount of Indemnity Claims, and
pay all awards a.nd judgements rendered against an Indemnified Party in connection
therewith including, but not limited to, attomeys fees and costs. City expressly
acknowledges and agrees that if Indemnity Claims are caused or alleged to be caused in
part by a joint or concunent negligent act(either active or passivej or omission by an ,
Indemnified Party, City shall indeinnify, hold harmless and defend such Indemnified Party
from such Indemnity Claims. In no event, except wherein the City's employee(s) fail to
meet the criteria stated in the"Purpose" above, shall City be obligated to indemnify an,
Indemnified Party for Indemnity Claims that arise out or result from the sole negligence or
willful miseonduct of such Indemnified party or those for whose acts the Indemnified
Party may be responsible or liable.
For the sole purpose of effecting the indemnification obligations hereunder and noYfor the
benefit of City's employees or any third parties unrelated to the Indemnified Parties, City
specif cally and exgressly waives any immunity that may be granted Peimittee under
, Washington State Inctustrial Insurance Act, RCW Title 51. Further the indemnification
obligations hereunder shall not be limited in any way by any limitation on the amount of
type of damages, compensation or benefits payable to or for any third party under any
worker compensation acts, disability benefit acts or other employee benefit acts.
7: Insurance: City shall make no use of the premises until City has obtained:
(1) Commercial General LiabilityInsurance at least as broad as ISO form CG 00 O1, 11-
88 ed.,with limits of not less than One Million dollars ($1,000,000)per occunence
a.nd for those policies with an aggregate limit, not less than a$Z,OOO,OOO aggregate.
and
�
Resolution 3319—Exhibit 1
, January 26,2001 '
Page 2 of 4 �
� , �
' � .
(2) Commercial Automobile Liability Insurance at least as broad as ISO form CA 00 OI,
12-90 ed. covering all vehieles operated under the terms of this agreement with limits
of liability not less than One Million Dollars($1,000,000)per oecurrence; and,
(3) City must obtain Workers' Compensation insurance in the amount a.nd type iequired
by law.
Insurance shall be written on an occurrence form by insurers with a Best's rating of at
least A-VII, Exceptions must be approved by the County.
Such poiicies shall include or b`e endorsed to include the County, its of�icers, agents and
employees as additional insureds. Such insurance shall contain"severability of interest" '
(cross liability)wording and shall be primary to and not contributing with any insurance
or self-insurance which may be carried by the County.
Prior to making any use of the premises, City shall provide to the County certific.ates
of insurance and endorsements, retlecting full compliance with the requirements '
hereinabove set forth. Said certificates shall provide for not less than thirty(30) days
adva.nce written notice to King County in the event of cancellation or material change in
the policies or insurance required.
8. Permits and Utilities: City shall be responsible for obtaining all necessary permits or ,
licenses in order to have the gardening operations within the Premises. City shall provide
copies of said permits to County upon its request._ All utilities used in connection with the
gardening operation including water service shall be metered separately and paid for by
the City: �
9. Nondiscrimination: City, including City's personal representatives, successors in interest,
and assigris, as part of the consideration hereof, does hereby covenant and agree:
(1) that no person on the grounds of creed, race, eolor, sex, age, national origin or the
presence of any sensory, mental or physical handicap sha11 be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination
in the use of said facilities and the premises;
(2) that in the construction of any improvements on, over or under such land and the
furnishing of serviees therein, no person on the grounds of ereed, race, color, sex, age,
� national origin or the presence of any sensory, mental or physical handicap sha.11.be
excluded form the participation in, be denied the benefits of, or be otherwise subjected
to discrimination, and
(3) thatthe City sha11 use the premises in compliance with all other requirements imposed
by or pursuant to Title 49� Code of Federal Regulations,Department of
Transportation, Subtitle A, Office of the Secretary Part 21,Non-discrimination in
� Federally Assisted Programs of the Department of Tra,nsportation. Effectuation of .
Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. In
the event of breach of any ofthe aboye non-discrim'ination covenants, King County
shall have the right to terminate the petmit and to re-enter and repossess said premises
Resofution 3319—Exhibit 1
_
January 26,2001
Paqe 3 of 4
'
. . � .
and the facilities thereon, and hold the same as if said permit had never been made or
issued.
10. Termination: County reserves the right to termi:nate the License for any reason by giving
the City thirty(30) days written notice of said ternunation.
Dated this day of _ _, 2001_
CITY OF AUBURN KING COUNTY
DEPARTMEN'I' OF
SPORTA ON
� � �
Charles A. Booth, Mayor u y Riley ana er
esign& Constructio ection
Metro Transit Division
.
Resolution 3319—Exhibit 1
Ja.n.uary 2.6,2001
Page 4 of 4 �