Loading...
HomeMy WebLinkAboutCAG1993-0568 - Original - King County - Turnkey Park: Operation and Maintenance of Open Space, Recreation Facilities and Programs - 07/11/1993 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities, and Programs This Agreement is made and entered into this day by and between the City of Kent, hereinafter called "City", and King County, hereinafter called "County". WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS the County desires to divest itself of ownership, management, and financial responsibility for non-regional parks, open space, recreational facilities and programs inside the City boundaries; 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, THEREFORE, the City and the County hereby agree as follows: 1. Conveyance of Title 1.1 Within thirty (30) days of the execution of this agreement by both parties, on or about July 1, 1993, King County shall convey to the City by deed the property commonly known as Turnkey Park, more particularly described in Attachment A hereto. The deed shall contain all reservations of record known to the County, a reference to Forward Thrust Bond covenants if applicable, and the following specific covenants pertaining to use and assessment of fees: "The City covenants to operate and maintain the site in perpetuity as a public open space or as a public recreational facility except that the City may trade the site or part of the site for property of equal or greater recreational value or open space value. The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees, concessionaires, or other assignees shall be at the same rate for non-City residents as for the residents of the City." 1.2 The City hereby agrees to abide by and enforce all terms, conditions, reservations, restrictions and covenants of title. 2. Responsibility for Operations Maintenance, Repairs and Improvements. 2.1 Upon the effective date of conveyance as described in Section 1.1 above, the City shall assume full and complete responsibility for maintenance, repairs and Parks Interlocal Agreement: Kent improvements of Turnkey Park. The responsibility includes, but is not limited to hiring and control of personnel, standards of personnel, payroll, and ordering of and payment for supplies and equipment. 2.2 Upon the effective date of conveyance as described in Section 1.1 above, the City shall assume full and complete responsibility for all recreation programs and services at this site. 3. Interim Period Responsibilities 3.1 For the interim period between June 3, 1993, and the effective date of conveyance as described in Section 1.1 above, the County will provide to the City recreation programs and services at the site described in Attachment A at the currently budgeted level. Upon transfer, the City will become responsible for any and all recreation programs and services at the site, including scheduling any public use of facilities. 4. Uses of Facilities and Fields During Transition Period 4.1 The parties agree there will be a transition period from June 3, 1993 through the effective date of conveyance, and agree during said transition period to avoid disruption of service to the public. The County agrees, during the transition period, to continue to schedule any organized athletics and recreational activities at the site. 4.2 Revenues from any facility use or recreational programs held at the site during the transition period shall accrue to the County. Revenues from facility use and recreational programs after the City assumes full ownership and maintenance responsibility as specified in Sections 1.1 and 2.1 will accrue to the City. 5. Indemnification. 5.1 The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them, in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 2 Parks Interlocal Agreement: Kent 5.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers,agents, and employees, or any of them, in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided thaf the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgement be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and City and their respective officers, agents and employees, or any of them, the City shall satisfy the same. 6. Non-Discrimination. The City and the County are Equal opportunity Employers. The City and the County shall comply with all applicable non-discrimination laws or requirements. 7. Audits and Inspections. In addition to the requirements set forth, the records related to matters covered by this Agreement are subject to inspection, review or audit by the County or the City at the requesting party's sole expense during the term of this agreement and three (3) years after termination. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 8. Waiver and Amendments. Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed in advance by the parties hereto. 9. Default, 9.1 In the event the City violates any of the conditions of this Agreement, including any of the covenants to title required herein, the County shall be entitled to specific performance of the Agreement. 9.2 In the event the County violates any of the conditions of this Agreement, including any of the covenants to title required herein, the City shall be entitled to specific performance of the Agreement. 9.3 Unless otherwise provided for herein, in the event either party should commence legal proceedings to enforce any provisions of this Agreement, each party shall be responsible for all of its costs and expenses incurred in connection with such proceedings, including attorney's fees. 3 Parks Interlocal Agreement: Kent 10. Entire Agreement and Modifications. This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. It may be supplemented by addenda or amendments which have been agreed upon by both parties in writing. Copies of such addenda and amendments shall be attached hereto and by this reference made part of this contract as though fully set forth herein. 11. Administration of Agreement. 11.1 The City and County shall each appoint a representative to review compliance with this Agreement and to resolve any conflicts. The City and County shall notify the other in writing of its designated representative. The administrators of the Agreement shall meet as needed. Either party is authorized to convene a meeting with a minimum of ten (10) calendar days written notice to the other. 11.2 Any conflict that is not resolved by the contract administrators within ten (10) working days of the meeting held to discuss the conflict shall be referred to the City Administrator and the County Director of Parks, who shall resolve the conflict. 12. Duration. This agreement is effective upon execution by both parties and shall continue in force unless both parties mutually consent in writing to its termination. IN WITNESS WHEREOF, the parties have executed this Agreement. King C�unty ity of Kent ounty Executive Mayor/Administrator Date Date Approved as to Form Approved as to Form ng County City ttorney Deputy Prosecuting Attorney Date Date OFM August 30, 1993 F:/regionaVmisdparts.ten 4 Attachment A - City of Kent Legal Description TURNKEY PARK PARCEL A - The South 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 17, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT the North 165 feet of the West 330 feet thereof; AND EXCEPT the West 145 feet of the South 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of said Section 17, lying South of the North 165 feet thereof. PARCEL B - The South 30 feet of the North 165 feet of the West 330 feet of the South 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 17, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT portion thereof lying within 100th Ave. S.E. SUBJECT TO: Right of King County to make necessary slopes for cuts or fills upon said premises in conformity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation proceedings under statute of the State of Washington, as granted by Deed, recorded under Auditor's File No. 5036374 . PARCEL C - The North 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 17, Township 22 North, Range 5 East, W.M. , lying Easterly of County Road; EXCEPT the West 330 feet of the North 148.5 feet AND EXCEPT the West 300 feet of the South 182. 18 feet. SUBJECT TO: Right to make necessary slopes for cuts or fills. Introduced by: Nickels July 12, 1993 93-316.sub/jc:ssj Proposed No.: 93-316 1 MOTION N0. 9. 084 .�- 2 A MOTION authorizing the county executive 3 to enter into interlocal agreements with 4 the cities of Des Moines and Kent 5 relating to the transfer of certain parks 6 property, and transferring certain real 7 property to the cities of Des Moines and 8 Kent. 9 WHEREAS, the cities of Des Moines and Kent desire that the 10 county transfer ownership of certain real property to the 11 cities; and 12 WHEREAS, King County, consistent with Motion 8056, desires 13 to transfer certain property to the cities of Des Moines and 14 Kent; 15 NOW, THEREFOREIBE IT MOVED by the Council of King County: 16 A. The county executive is authorized to execute 17 interlocal agreements, substantially in the forms attached, 18 with the cities of Des Moines and Kent relating to the 19 ownership, funding, operation and maintenance of certain park 20 properties and facilities located within the municipal 21 boundaries of the cities of Des Moines and Kent, provided that 22 there be no terms that would allow for different fees or 23 charges for non-city residents unless the jurisdiction has 24 imposed specifically dedicated resources to fund recreation 25 programs, and such different fees provide for equitable 26 contributions to be made by city and non-city residents, 27 B. The county executive is authorized to execute the 28 necessary documents to effect the transfer of the park sites 29 listed below to the cities of Des Moines and Kent: 30 1. To the City of Des Moines, the parks sites known as 31 the Des Moines Activity Center, Des Moines Creek Park and 32 Parkside Park (more fully described in the parks agreement, 33 Attachment A) , in consideration of the city's commitment to 34 manage and maintain the property for parks and recreation 35 purposes in perpetuity; and 1 2. To the City of Kent, the park site known as Turnkey 2 Park (more fully described in the parks agreement, Attachment 3 A) , in consideration of the city's commitment to manage and 4 maintain the property for parks and recreation purposes in 5 perpetuity. 5 PASSED this 9' day of4�1 1911' 7 KING COUNTY COUNCIL 8 KING COUNTY, WASHINGTON 9 to it 11 ATTEST: 12 13 Clerk of the Council 14 Attachments: Two Interlocal Agreements 2 SPECIAL WARRANTY DEED The Grantor, KING COUNTY, a political subdivision of the State of Washington, for and in consideration of mutual benefits, pursuant to King County Motion No. 9084, does hereby convey and warrant unto the CITY OF KENT, a municipal corporation of the State of Washington, the following described lands, situate in King County, Washington: TURNKEY PARK PARCEL A - The South 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 17, Township 22 North, Range 5 East, W.M. , in King County, Washington, EXCEPT the North 165 feet of the West 330 feet thereof; AND EXCEPT the West 145 feet of the South 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of said Section 17, lying South of the North 165 feet thereof. PARCEL B - The South 30 feet of the North 165 feet of the West 330 feet of the South 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 17, Township 22 North, Range 5 East, W.M., in King County, Washington, EXCEPT portion thereof lying within 100th Ave. S.E. SUBJECT TO: Right of King County to make necessary slopes for cuts or fills upon said premises in conformity with standard plans and specifications for highway purposes, and to the same extent as if the rights granted had been acquired by condemnation proceedings under statute of the State of Washington, as granted by Deed, recorded under Auditor's File No. 5036374. PARCEL C - The North 1/2 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 17, Township 22 North, Range 5 East, W.M., lying Easterly of County Road; EXCEPT the West 330 feet of the North 148.5 feet AND EXCEPT the West 300 feet of the South 182.18 feet. SUBJECT TO: Right to make necessary slopes for cuts or fills. The warranty herein is limited to the acts of the Grantor, and against claims and demands of all persons claiming by, through and under the Grantor herein. The City of Kent covenants to operate and maintain the site in perpetuity as a public open space or as a public recreational facility, except that the City may trade the site or part of the site for property of equal or greater recreational value or open space value. The City further covenants that it will not limit access to the park so as to restrict usage by non-City residents and that any and all user fees, including charges made by any lessees, concessionaires, or other assignees shall be at the same rate for non-City residents as for the residents of the City. Dated this day of DClO'dXx' , 19 . KING COUNTY, WASHINGTON BY TITLE /`/✓lr (','a / ECEGuT�✓� STATE OF WASHINGTON } ) SS COUNTY OF KING ) / I certify that r signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it fii/L ��u JTy EXECUT dL of King County, as the act of said County for Washington to be the free and voluntary the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the 9ttattee of Washington, residing at �y My appointment expires_ i S King County Budget Division Office of f Financial Management 400 King County Courthouse t f`t 1 lea, , 516 Third Avenue Seattle,Washington 98104 LIL) (206)296-3434 or 4j93 November 5, 1993 CLE,,< City Clerk City of Kent 220 4th Avenue South Kent, WA 98032 RE: Interlocal Agreement Between King County and the City of Kent Relating to the Ownership. Funding. Operation and Maintenance of Parks. Open Space. Recreation Facilities and Programs Enclosed is an interlocal agreement between King County and the city of Kent relating to the ownership, funding, operation and maintenance of parks, open space, recreation facilities, and programs. This document has been filed with the King County Records and Elections Section, and has also been transmitted for filing to the Secretary of State, as required under R.C.W. 39.34.040. Please contact me at 296-3480 if you have any questions on this matter. Sincerely, P6046�- Record P.C. Coordinator JR:jwr contracts/ template.cit Enclosures