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HomeMy WebLinkAbout7517222 King County Library System Trespass Authorization and Agreement -DocuSign Envelope ID: 868C8717-6872-4488-9281-4E159F624FD5 TRESPASS AUTHORIZATION AND AGREEMENT THIS AGREEMENT made and entered into on June 14, 2023 , by and between the City of Auburn (including the Auburn Police Department (APD), as an agent of the City), a municipal corporation under the laws of the State of Washington (the "City"), and the King County Library System ("KCLS"), an RCW 27.12 library district. The City and KCLS at times shall be referred to as the "Parties." I. RECITALS WHEREAS, the City owns King County Assessor parcel 192105-9181 (9181). The City's Les Gove Park is located on this parcel. In 2010, the City leased a portion of parcel 9181 to KCLS. KCLS operates a library and corresponding vehicle parking facility that are adjacent to the park on this leased portion of parcel 9181. WHEREAS, KCLS owns 2 additional parcels located near 9181: King County Assessor parcels 192105-9237 (9237) and 192105-9122 (9122). KCLS purchased these 2 parcels from the City in 2011 through a Joint Parking Development Agreement. WHEREAS, in 2015 KCLS gave the Auburn Police Department (APD), as an agent of the City, written authorization to enforce criminal laws on leased portion of parcel 9181. This authorization did not extend to parcels 9237 or 9122, and KCLS maintained the sole discretion to terminate the authorization at any time upon written notice to the City and APD. WHEREAS, the Parties intend to terminate the 2015 authorization and to replace it with this Agreement providing the City, and APD, as an agent of the City, written authorization to enforce criminal laws on all property owned or leased by KCLS in the City, including parcels: 9181, 9237 and 9122. Doing so will benefit both Parties by ensuring uniform enforcement across these adjacent parcels and the Les Gove Park campus. WHEREAS, the Parties agree that public and community access to libraries is essential, and such afterhours access may include remaining in cars or other vehicles to use public Wi-Fi, access the afterhours DropBox, and/or using the parking lots for overnight parking as long as there is no illegal activity associated with the use of the property owned or leased by KCLS from the City. NOW, THEREFORE, in consideration of the mutual benefits each party will receive from this Agreement and other good and valuable consideration, the Parties mutually agree as follows: 1 1 P a g e DocuSign Envelope ID: 868C8717-6872-4488-9281-4E159F624FD5 II. AGREEMENT 1. Geographic area of KCLS property covered by this authorization Agreement. The Parties intend that the terms of this Agreement shall extend to and include the following King County Assessor parcels: 192105-9181 (the portion of this parcel that the City has leased to KCLS), 192105-9237, and 192105-9122. The geographic area of the Agreement includes only property owned by KCLS or leased to KCLS from the City. These separate parcels shall be referred to collectively in this authorization and Agreement as "the Property." 2. Authorization to APD to enforce laws on the Property. Under this agreement, KCLS authorizes APD, as an agent of the City, and its officers to enter into and upon the Property during hours that it is closed to the public (to include the Property's publicly accessible common areas, entrances, lawns, gardens, driveways and parking areas) for the purposes of enforcing criminal laws on the Property (whether arising under the RCW, the Auburn City Code, or any other applicable legal authority), and enforcing criminal laws on the Property (including, but not limited to crimes such as trespassing, loitering, vandalism, theft, drug activity, prostitution, etc.). 3. No Employment or Agency Relationship: This Agreement does not create any agency or employment relationship between the Parties. APD, as an agent of the City, does not act on behalf or as a representative of KCLS in exercising any of its police powers under this Agreement. 4. Term. This Agreement shall remain in effect unless and until terminated by 10 days' advance written notice by KCLS to the APD Chief of Police, 340 E. Main St., Auburn, WA 98002. 5. Specific exclusions. This Agreement shall not authorize the City, or APD acting as an agent to the City, to: a. Remove persons or vehicles with legitimate and lawful business at the Property, such as returning library material at the book drop or accessing publicly available Wi-Fi; b, Enter into the interior of the library building during its closed hours, which shall require a separate authorization. 6. Indemnification and hold harmless. KCLS shall indemnify and hold harmless the City and its officers, officials, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including any liabilities arising from the legal principles announced in City of Seattle v. Long, by any reason of or arising out of the negligent act or omission of KCLS, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and KCLS and their respective officers, agents and employees, or any of them, KCLS shall satisfy the same to the extent that such judgment was due to KCLS's negligent acts or omissions. 21 Page DocuSign Envelope ID: 868C8717-6872-4488-9281-4E159F624FD5 The City, including APD, as an agent of the City, shall indemnify and hold harmless KCLS and its officers, officials, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including any liabilities arising from the legal principles announced in City of Seattle v. Long, by any reason of or arising out of the negligent act or omission of the City, including APD, as an agent of the City, its officers, officials, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against KCLS, its officers, officials agents, employees, or jointly against the City and KCLS and their respective officers, agents and employees, or any of them, the City shall satisfy the same to the extent that such judgment was due to the City's negligent acts or omissions. 6. Cooperation with investigations and prosecution. KCLS agrees that its agents and employees will fully cooperate, as legally required, with any police investigation and/or subsequent litigation, or criminal proceeding, that may arise from this Agreement, including appearing in court to testify regarding the Agreement. 7. Severability. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void, but the remainder of the Agreement shall remain in full force and effect. 8. Jurisdiction and Venue. It is agreed that the jurisdiction and venue for this Agreement shall be King County, State of Washington. 9. Signing authority. The persons signing below represent that they have the authority to sign this document on behalf of their respective party and to bind the party to its terms. IN WITNESS WHEREOF, the City and KCLS have executed this authorization and Agreement the day and year first above written. CITY OF AUBURN D7S' ned by, ocu S BY: �aw"' 14 2023 MARK , Chief of Police KING COUNTY LIBRARY SYSTEM DocuSigneed1by, IV WV'lG�" 6/13/2023 By.34-& 5 6 F 9 4 0 &3548 0 3 1 P a g e