HomeMy WebLinkAboutCAG1977-001 - Original - King County - Maintenance of Recreational Easement Known as the Interurban Trail - 11/01/1977 Z
I INTERLOCAL AGREEMENT FOR THE
MAINTENANCE OF THE RECREATIONAL EASEMENT KNOWN AS
2 THE INTERURBAN TRAIL
3 WHEREAS, King County executed on November 1 , 1977, a recreational
4 easement with Puget Sound Power and Light for the purpose of developing a
5 multi-purpose trail , hereinafter called the PARENT AGREEMENT, and
6 WHEREAS, an INTERLOCAL AGREEMENT for developing and using the
7 Interurban Trail was signed on May 16, 1978 between King County and Algona,
8 Auburn, Kent, Pacific, Renton and Tukwila, and
9 WHEREAS, all parties to said agreement fully agreed to the need to
10 cooperatively maintain the recreational Interurban Trail , including any
11 interim routes outside the trail right-of-way, and any related appurtenances,
12 and
13 WHEREAS, the level of maintenance is to be established through a
14 MAINTENANCE AGREEMENT between King County and Algona, Auburn, Kent, Pacific,
15 Renton, and Tukwila, supplement to the INTERLOCAL AGREEMENT, and
16 WHEREAS, the level of maintenance shall reflect the Phase I development
17 of the Interurban Trail , as described in the Master Trail Plan, and
18 WHEREAS, mutual public service objectives can be satisfied through the
19 following actions; therefore
20 BY THIS AGREEMENT, by and between the County of King, acting by and
21 through the King County Executive, hereinafter called the COUNTY, and the
22 City (Cities) of hereinafter called the AGENCY
23 (AGENCIES), agree to maintain that part of the recreational easement
24 described in Exhibit A of the PARENT AGREEMENT that is contained within their
25 legal boundaries .
26 FURTHERMORE, THE COUNTY and the AGENCY (AGENCIES) mutually agree to the
27 following conditions.
28 SECTION 1 : GENERAL
29 1 .1 Purpose: The explicit purpose of the MAINTENANCE AGREEMENT is
0 to accomplish the following objectives.
3 a. To mutually agree to a method of maintenance of the
32 Interurban Trail , and
33 b. To assure the safe use of the Interurban Trail through the
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I length of this agreement.
2 SECTION 2: ADMINISTRATIVE PROVISIONS
3 2.1 The King County Executive shall serve as the administrator for the
4 purpose of this agreement.
5 SECTION �3: PARENT AGREEMENT PROVISIONS
6 3.1 The recreational easement executed between the COUNTY and Puget Sound
7 Power and Light Company, a public utility, on November 1 , 1977,
8 hereinafter called the PARENT AGREEMENT (Exhibit 1 ) , shall govern
9 and supersede in the event any discrepancies occur between said
10 agreement and the INTERLOCAL AGREEMENT or the MAINTENANCE AGREEMENT.
11 SECTION 4: ASSIGNMENT OR DELEGATION OF DUTIES
12 4.1 Pursuant to Sections 4 and 5 of the INTERLOCAL AGREEMENT, the COUNTY
13 shall assign or delegate all or parts of the duties, tasks and/or
14 rights it has under the PARENT AGREEMENT to other authorities or
15 agencies for the purpose of development, maintenance, improvement,
16 coordination, and/or promotion of the Interurban Trail .
17 4.2 In addition to Section 4.1 , the level of maintenance duties and
18 tasks as specified in Section 5 of said agreement shall be assigned
19 or delegated in part or all to other authorities or agencies through
20 which the Interurban Trail passes.
21 SECTION 5: DUTIES
22 5.1 Outside of the Interurban Trail right-of-way: Each jurisdiction
23 shall have the responsibility of maintaining within its boundaries ,
24 the bike routes, trails, lanes, facilities, or street improvements
25 designated for bicycle use outside of the Interurban Trail right-
26 of-way as described in Exhibit A of the PARENT AGREEMENT.
27 5.2 Within the Interurban Trail right-of-way: Maintenance duties for
28 the Interurban Trail shall be the responsibility of two AGENCIES
29 (AUBURN and KENT) .
30 a. Auburn shall be responsible for maintenance duties within
31 its city boundaries.
32 b. Kent shall be responsible for maintenance duties within
33 its city boundaries.
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1 c. Maintenance duties within King County's portion shall be the
2 responsibility of Auburn.
3 The minimum maintenance duties recommended shall consist of sweeping
4 the paved surface, sign and bollard replacement, litter control , and
5 mowing or cutting overgrown vegetation, and pavement filling or
6 fixing.
7 a. Sweeping shall be done on a monthly basis for an eight-month
8 peak period and then bi-monthly during the off-peak four months.
9 b. Sign and bollard replacement shall be done when signs and
10 bollards are damaged beyond use.
11 C. Litter control and pick-up shall be done on a monthly basis
12 for an eight-month peak period and then bi-monthly during the
13 off-peak four months.
14 d. Mowing or vegetation cutting shall be considered only when
15 overgrown vegetation begins to encroach upon the four-foot
16 shoulders of the trail .
17 e. Pavement improvements shall be done when the asphalt surface
18 is damaged to a degree that may present an unsafe condition
19 for trail users.
20 SECTION 6: INDEMNITY
21 6.1 The jurisdictions through which the trail passes, completed or
22 partially completed, shall be placed in the position of the COUNTY
23 with respect to the PARENT AGREEMENT and will therefore hold both
24 King County and Puget Sound Power and Light Company harmless from
25 and against all claims, demands and causes of action of any kind of
26 character, including the cost of defense thereof, arising in favor
27 of third parties, which result from .the operations of the assignee
28 or its employees, agents or representatives, or the breach by
29 assignee of any term or condition of this easement.
30 SECTION 7: COST AND PAYMENTS
31 7.1 Outside of the Interurban Trail right-of-way: Maintenance cost
32 incurred on bike routes, trails, lanes, facilities or street
33 improvements designated for bicycle use outside of the Interurban
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I Trail right-of-way shall be the sole responsibility of each
2 jurisdiction.
3 7.2 Within the Interurban Trail right-of-way:
4 a. King County shall reimburse Auburn for maintenance duties
5 within King County's jurisdiction.
6 b. If there are any unforeseen reconstruction or capital
7 improvements which are substantially greater than the total
e annual maintenance cost, the additional cost incurred shall
9 be negotiated prior to any additional improvements necessary
10 to correct the situation.
11 SECTION 3: MAINTENANCE DEFICIENCIES
12 8.1 In the event the COUNTY identifies a maintenance deficiency or
13 deficiencies, the COUNTY shall provide written notice to the
14 assignee specifying the deficiencies so that the AGENCY can take
15 further action.
16 SECTION 9: TERMINATION
17 9.1 This agreement can be terminated by either the COUNTY or the
18 AGENCY following a written notice within a 120-day period.
19 9.2 Upon termination, the indemnity clause in SECTION 6.1 shall remain
20 in full force and effect for the term of the recreational easement
21 between Puget Sound Power and Light Company and the COUNTY.
22 The AGENCY (AGENCIES) expressly agrees to all covenants and conditions
23 hereinbefore specified. I
24 Accepted and Approved - King County
25 date date
26 by by
27 title title
28 Dated this day,of 19
29 City of
30 by
31 title
32 APPROVED AS TO FORM AND LLEGALITY
33 c - <_-1 1_ �rG3 GC°� .sue! &a-y l
Deputy Prosecuting orney Date
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I This agreement shall be executed upon Puget Sound Power and Light
2 Company's acceptance, approval and/or consensus of said agreement, pursuant
3 to the PARENT AGREEMENT (EXHIBIT 1 ) SECTION 16.
4 Accepted and Approved - Puget Sound Power and Light Company
5 date
6 by
7 title MAN GER - REAL ESTATE DIVISION
8 Dated this ' 74 day of �®,v _ 19 .
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1 INTERLOCAL AGR EMENT FOR THE
MAINTENANCE OF THE RECREATIONAL EASEMENT KNOWN AS
2 THE INTERURBAN TRAIL
3 WHEREAS, King County executed on November 1 , 1977, a recreational
4 easement with Puget Sound Power and Light for the purpose of developing a
5 multi-purpose trail , hereinafter called the PARENT AGREEMENT, and
6 WHEREAS, an INTERLOCAL AGREEMENT for developing and using the
7 Interurban Trail was signed on May 16, 1978 between King County and Algona,
8 Auburn, Kent, Pacific, Renton and Tukwila, and
9 WHEREAS, all parties to said agreement fully agreed to the need to
10 cooperatively maintain the recreational Interurban Trail , including any
11 interim routes outside the trail right-of-way, and any related appurtenances,
12 and
13 WHEREAS, the level of maintenance is to be established through a
14 MAINTENANCE AGREEMENT between King County and Algona, Auburn, Kent, Pacific,
15 Renton, and Tukwila, supplement to the INTERLOCAL AGREEMENT, and
16 WHEREAS, the level of maintenance shall reflect the Phase I development
17 of the Interurban Trail , as described in the Master Trail Plan; and
18 WHEREAS, mutual public service objectives can be satisfied through the
19 following actions; therefore
20 BY THIS AGREEMENT, by and between the County of King, acting by and
21 through the King County Executive, hereinafter called the COUNTY, and the
22 City (Cities) of , hereinafter called the AGENCY
23 (AGENCIES), agree to maintain that part of the recreational easement
24 described in Exhibit A of the PARENT AGREEMENT that is contained within their
25 legal boundaries.
26 FURTHERMORE, THE COUNTY and the AGENCY (AGENCIES) mutually agree to the
27 following conditions.
28 SECTION 1 : GENERAL
29 1 .1 Purpose: The explicit purpose of the MAINTENANCE AGREEMENT is
30 to accomplish the following objectives.
31 a. To mutually agree to a method of maintenance of the
32 Interurban Trail , and
33 b. To assure the safe use of the Interurban Trail through the
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I length of this agreement.
2 SECTION 2: ADMINISTRATIVE PROVISIONS
3 2.1 The King County Executive shall serve as the administrator for the
4 purpose of this agreement.
5 SECTION 3: PARENT AGREEMENT PROVISIONS
6 3.1 The recreational easement executed between the COUNTY and Puget Sound
7 Power and Light Company, o public utility, on November 1 , 1977,
8 hereinafter called the PARENT AGREEMENT (Exhibit 1 ) , shall govern
9 and supersede in the event any discrepancies occur between said
10 agreement and the INTERLOCAL AGREEMENT or the MAINTENANCE AGREEMENT.
11 SECTION 4: ASSIGNMENT OR DELEGATION OF DUTIES
12 4.1 Pursuant to Sections 4 and 5 of the INTERLOCAL AGREEMENT, the COUNTY
13 shall assign or delegate all or parts of the duties, tasks and/or
14 rights it has under the PARENT AGREEMENT to other authorities or
15 agencies for the purpose of development, maintenance, improvement,
16 coordination, and/or promotion of the Interurban Trail .
17 4.2 In addition to Section 4.1 , the level of maintenance duties and
18 tasks as specified in Section 5 of said agreement shall be assigned
19 or delegated in part or all to other authorities or agencies through
20 which the Interurban Trail passes.
21 SECTION 5: DUTIES
22 5.1 Outside of the Interurban Trail right-of-way: Each jurisdiction
23 shall have the responsibility of maintaining within its boundaries,
24 the bike routes, trails, lanes, facilities, or street improvements
25 designated for bicycle use outside of the Interurban Trail right-
26 of-way as described in Exhibit A of the PARENT AGREEMENT.
27 5.2 Within the Interurban Trail right-of-way: Maintenance duties for
28 the Interurban Trail shall be the responsibility of two AGENCIES
29 (AUBURN and KENT) .
30 a. Auburn shall be responsible for maintenance duties within
31 its city boundaries.
32 b. Kent shall be responsible for maintenance duties within
33 its city boundaries.
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I C. Maintenance duties within King County's portion shall be the
2 responsibility of Auburn.
3 The minimum maintenance duties recommended shall consist of sweeping
4 the paved surface, sign and bollard replacement, litter control , and
5 mowing or cutting overgrown vegetation, and pavement filling or
6 fixing.
7 a. Sweeping shall be done on a monthly basis for an eight-month
B peak period and then bi-monthly during the off-peak four months.
9 b. Sign and bollard replacement shall be done when signs and
10 bollards are damaged beyond use.
11 C. Litter control and pick-up shall be done on a monthly basis
12 for an eight-month peak period and then bi-monthly during the
13 off-peak four months.
14 d. Mowing or vegetation cutting shall be considered only when
15 overgrown vegetation begins to encroach upon the four-foot
16 shoulders of the trail .
17 e. Pavement improvements shall be done when the asphalt surface
18 is damaged to a degree that may present an unsafe condition
19 for trail users.
20 SECTION 6: INDEMNITY
21 6.1 The jurisdictions through which the trail passes, completed or
22 partially completed, shall be placed in the position of the COUNTY
23 with respect to the PARENT AGREEMENT and will therefore hold both
24 King County and Puget Sound Power and Light Company harmless from
25 and against all claims, demands and causes of action of any kind of
26 character, including the cost of defense thereof, arising in favor
27 of third parties, which result from the operations of the assignee
28 or its employees, agents or representatives, or the breach by
29 assignee of any term or condition of this easement.
30 SECTION 7: COST AND PAYMENTS
31 7.1 Outside of the Interurban Trail right-of-way: Maintenance cost
32 incurred on bike routes, trails, lanes, facilities or street
33 improvements designated for bicycle use outside of the Interurban
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I Trail right-of-way shall be the sole responsibility of each
2 jurisdiction.
3 7.2 Within the Interurban Trail right-of-way:
4 a. King County shall reimburse Auburn for maintenance duties
5 within King County's jurisdiction.
6 b. If there are any unforeseen reconstruction or capital
7 improvements which are substantially greater than the total
8 annual maintenance cast, the additional cost incurred shall
9 be negotiated prior to any additional improvements necessary
10 to correct the situation.
11 SECTION 8: MAINTENANCE DEFICIENCIES
12 8.1 In the event the COUNTY identifies a maintenance deficiency or
13 deficiencies, the COUNTY shall provide written notice to the
14 assignee specifying the deficiencies so that the AGENCY can take
15 further action.
16 SECTION 9: TERMINATION
17 9.1 This agreement can be terminated by either the COUNTY or the
18 AGENCY following a written notice within a 120-day period.
19 9.2 Upon termination, the indemnity clause in SECTION 6.1 shall remain
20 in full force and effect for the term of the recreational easement
21 between Puget Sound Power and Light Company and the COUNTY.
22 The AGENCY (AGENCIES) expressly agrees to all covenants and conditions
23 hereinbefore specified.
24 Accepted and Approved - King County
25 date date
26 by by
27 title title
28 Dated this day of 19
29 City of
30 by
31 title
32 APPROVED AS TO FORM AND LEGALITY
33 1Z
Deputy Prosecuti g Att ey Date
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I This agreement shall; be executed upon. Puget Sound Power and Light
2 Company's acceptance, approval and/or consensus of said agreement, pursuant
3 to the PARENT AGREEMENT (EXHIBIT 1 ) SECTION 16.
4 Accepted and Approved - Puget Sound Power and Light Company
5 date y
6 by
7 title N LGER - REAL ESTATE DIVISION
8 Dated this day of u 19-z-�—,.
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1 Interlocal Agreement for use of
Recreational Easement to be known as the Interurban Trail 2
Administered by King County
3
4 WHEREAS, the Interurban Trail, a former interurban railway and
currently owned by Puget Sound Power and Light, has been formerly
5 identified as a primary trail corridor in the Green River Valley, and;
6 WHEREAS, King County, with written support from local agencies in
the Green River Valley applied for and received a $320,000 grant to
7 develop the Interurban Trail from the Federal Highway Administration
under the Federal Bikeway Demonstration Program, and;
8 WHEREAS, a primary objective of the grant submittal was to
9 demonstrate interagency cooperation and;
10 WHEREAS, King County executed on November 1 , 1977 a recreational
easement with Puget Sound Power and Light for the purpose of developing
11 a multi-purpose trail, and;
12 WHEREAS, the staged development of the trail together with a Master
Trail Design Plan has been pursued in cooperation with the cities of
13 Algona, Auburn, Kent, Pacific, Renton, and Tukwila, and;
14 WHEREAS, RCW 39.34 (Interlocal Cooperative Act) permits local
governmental units to make the most efficient use of their powers by
15 enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities in a manner and
16 Pursuant to forms of governmental organization that will accord best with
geographic, economic, population and other factors influencing the needs
17 and development of local communities, and;
18 WHEREAS, mutual public service objectives can be satisfied through
the following actions, therefore;
19 BY THIS AGREEMENT, by and between the County of King, acting by
20 and through the King County Executive, hereinafter called the COUNTY,
and the City (QA. es) of /yT hereinafter
21 called the AGENCY (AGENCI , mutually agree to the development of a
multi purpose trail within the recreational easement in King County,
22 Washington described in EXHIBIT A of Exhibit 1 .
23 FURTHERMORE, the COUNTY and the AGENCY (AGENCIES) mutually
agree to the following conditions.
24
25 SECTION 1 : GENERAL
26 1 .1 Purpose: The explicit purpose of this interlocal agreement is to
accomplish the following objectives.
27
a. to mutually concur with an overall master plan concept for full
28 development of the recreational easement as a multi-purpose
trail, and
29 b. to mutually agree to pursue the first phase of development, to
30 be known as Phase 1 , and
31 C. to establish the means by which the COUNTY may, upon mutual
agreement with the AGENCY (AGENCIES), delegate or assign
32 part or all of certain duties and/or rights, and
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I d. to assure the integrity of the Interurban Trail is upheld
2 throughout the term of the recreational easement.
3 1 .2 Term: 50 years from November 1 , 1977 or as provided in Section 8.
4 1 .3 Trail Corridor: the recreational easement is considered to lie within
the Interurban Trail Corridor defined as a system of trail linkages
5 facilitating continuous non-motorized travel from Fort Dent Park on
the north to the Pierce County line within the City of Pacific on the
6 south. The linkages will to the greatest extent possible include the
recreational easement itself. However, it is recognized that usage of
7 parallel trails and/or existing streets and other public facilities also
comprise the Interurban Trail corridor.
8 1 .4 Costs: There shall be no costs incurred by or to the COUNTY or
9 AGENCY by execution of this interlocal agreement.
10 1 .5 Financing: A $320,000 grant from the Federal Highway
Administration, under the Federal Bikeway Demonstration Program
11 and a local match of $65,000 from Housing and Community Development
Block Grant Funds and $15,000 in transferred Forward Thrust Funds
12 has been procured and will be administered by King County for initial
development of the Interurban Trail. Funding for full trail
13 development per Section 6 of this agreement will be pursued in the
most timely fashion possible utilizing available local, state, federal, or
14 other resources. To the greatest extent possible, a coordinated
agency approach will be pursued.
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17 SECTION 2: ADMINISTRATIVE PROVISIONS
18 2.1 The King County Executive shall serve as the administrator for
purpose of this agreement and all subsequent agreements,
19 assignments, or delegations affecting the public usage of the
Interurban Trail.
20 2.2 Any and all administrative decisions subsequent to Phase 1 shall be
21 made with the advice and consent of the appropriate authority or
AGENCY.
22 2.3 In the event of any disputes, the COUNTY'S decision shall be final
23 and binding.
24
SECTION 3: PARENT AGREEMENT PROVISIONS
25
3.1 The recreational easement executed between the COUNTY and Puget
26 Sound Power and Light, a public utility, on November 1 , 1977,
herinafter called the PARENT AGREEMENT (Exhibit 1) shall govern
27 and supersede in the event any discrepancies occur between the
PARENT AGREEMENT and the Interlocal Agreement.
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3.2 Puget Sound Power and Light Company shall not be deprived because
29 of anything contained in this agreement of its uses of the property as
required by the operational demands of its system, or the demands of
;0 other utilities' systems.
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I SECTION 4:
2 ASSIGNMENT OR DELEGATION OF DUTIES AND/OR RIGHTS
3 4.1 The COUNTY from time to time may assign or delegate all or part of
4 the duties and/or rights it has under the PARENT AGREEMENT.
5 4.2 Such assignment or delegation may be made to the AGENCY through
which the Interurban Trail passes.
6 4.3 Such assignment or delegation can be for the purposes of physical
trail development including landscaping, developing and maintaining
the property and of installing, maintaining and using recreational
8 facilities therein; provided that the assignee shall perform no work
hereunder, except for planning purposes, until the COUNTY and
9 PSPL have reviewed and agreed upon a detailed plan provided by the
assignee depicting all improvements to be installed on the property,
10 provided further, that if assignor and assignee agree to develop the
recreational aspects of the property in stages, assignor and Puget
11 Sound Power and Light shall agree upon a tentative overall plan
together with detailed plans provided by the assignee for the initial
12 stages of the development and tentative plans for each of the other
stages of the development with proposed dates of completeion thereof.
13 4.4 Any assignment or delegation shall be mutually agreeable between the
14 COUNTY and the authority or AGENCY and be so specified in a
format similar to Exhibit 2.
15 Such duties and/or rights may in addition to Section 4.3 include but
16 not limited to, the following:
17 a. Indeminity - the jurisdictions through which the trail passes,
completed or partially completed, may by an assignment or
18 delegation be placed in the position of the COUNTY with respect
to the PARENT AGREEMENT and will therefore hold both King
19 County and Puget Sound Power and Light Company harmless
from and against all claims, demands and causes of action of any
20 kind or character, including the cost of defense thereof, arising
in favor of third parties, which result from the operations of the
21 assignee, or the intentional or negligent acts or omissions of the
assignee or its employees, agents, or representatives, or the
22 breach by assignee of any term or condition of this easement.
23 Furthermore, such indeminity by the assignee shall be restricted
to only those rights and/or duties so assigned or delegated by
24 the COUNTY.
25 b. Access - this may be by assignment or delegation for the
purposes of closing to the public all or part of the Interurban
26 Trail, for reasons of maintenance, development or improvement,
provided, however, that the COUNTY or Puget Sound Power and
27 Light company, its employees, agents and designated
representatives shall at all times have the right to enter upon
28 the recreational easement for the purpose of making any
inspections, repairs, alterations, changes or improvements upon
29 any of its property, including but not limited to the recreational
easement and adjacent grounds, or for any purpose whatsoever
30 connected with the carrying on of the business of Puget Sound
Power and Light Company. Assignee would agree to give ten
31 (10) days' advance written notice of any such closure to the
COUNTY and Puget Sound Power and Light Company, except
32 closures required for emergency or other similar reasons.
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I c. Restoration upon termination of the recreational easement - this
2 may be by assignment or delegation for the purpose of
preventing public usage of the trail and for implementing
3 restoration actions upon termination of the recreational
easement.
4 d. Maintenance - this may be by assignment or delegation for the
5 purpose of maintaining the developed portions of the recreational
easement and/or other linkages within the Interurban Trail
6 corridor defined in Section 1 .3. It would be mutually agreed
that the assignee would not be held responsible for prior
7 existing conditions unless otherwise agreed to in the assignment.
Furthermore, provisions of Section 4 would control any
8 assignment or delegation of maintenance responsibilities.
9 e. Enforcement of Restrictions - this may be by assignment or
delegation for the purpose of enforcing item 10 of the PARENT
LO AGREEMENT as to uses and activities permitted within the
recreational easement.
11 f. Inspection and Sign Placement - this may be by assignment or
12 delegation for the purpose to inspect and place, at its cost and
expense, warning, directional and cautionary signs where
13 necessary along the Interurban Trail corridor throughout the
term of the PARENT AGREEMENT.
14 g. Promotion - this may be by assignment or delegation for the
15 purpose of promoting public usage of the Interurban Trail.
16 4.5 In the event any AGENCY fails to perform any duties delegated the
COUNTY may, but without obligation to do so, perform these duties
17 and such AGENCY would immediately reimburse the COUNTY for all
reasonable costs incurred in connection therewith.
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19 SECTION 5: MAINTENANCE
20 5.1 All parties to this agreement fully agree to the need to cooperatively
maintain the recreational trail, including any interim routes outside
21 the trail right-of-way, and related appurtenances.
22 5.2 The responsibility for maintenance may be assigned or delegated, in
part or all, to other authorities or AGENCIES as discussed in Section
23 4.4(d). In the event the COUNTY identifies a maintenance deficiency
or deficiencies, the COUNTY shall provide written notice to the
24 assignee specifying the deficiencies. Furthermore, the assignee will
be given 30 days after written notification to remedy the deficiency or
25 deficiencies after which time the COUNTY would remedy the problem
and be immediately reimbursed by the assignee for all resonable costs
26 for such action by the COUNTY.
27 5.3 The level of maintenance is to be established through a maintenance
agreement between the COUNTY and the assignee or assignees
28 supplementary to this agreement, to be executed within eight months
from the date of this agreement.
29 5.4 The level of maintenance shall reflect the staged development of the
30 trail within the context of the Master Design Plan.
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3 SECTION 6: MASTER DESIGN PLAN
4 6.1 All parties to this agreement agree in principle to the Master Design
Plan, Exhibit 3.
5 6.2 The specific intent of this provision is to encourage and assure an
6 orderly and timely implementation of the Master Design Plan. This
provision shall not restrain any responsible entity from providing
7 improvements consistent with the Master Design Plan.
8 6.3 The Master Design Plan will control the ultimate development of the
trail within the easement granted by Puget Sound Power and Light.
9 Any and all interim development of the trail and/or alternative
routings will be consistent with the Master Design Plan. Any request
10 for deviations from the Master Design Plan, interim or otherwise,
shall be submitted to the COUNTY.
11 6.4 No work shall commence on a deviation from the Master Design Plan
12 until written notification is received from the COUNTY. Furtherfore
the COUNTY shall review all such requests and upon concurrence
13 from the cities of Algona, Auburn, Kent, Pacific, Renton and Tukwila
shall approve or deny such request or requests.
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15 SECTION 7: PROJECT AWARD
16 7.1 All parties to this agreement agree to have the COUNTY prepare and
17 submit for advertisement, a set of contract plans, specifications and
estimates for Phase 1 of the Master Design Plan.
18 7.2 The COUNTY will review submitted bids and select a contractor or
19 contractors to construct Phase 1 of the Master Design Plan.
20 7.3 The COUNTY will administrate the Phase 1 project and may at its
discretion assign all or part of those duties to PSPL and/or any or all
21 parties to this agreement.
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23 SECTION 8: TERMINATION
24 8.1 This interlocal agreement shall be binding for the term specified in
Section 1 .2.
25 8.2 This agreement can be terminated by either party to do so and
26 subsequent to a 120 day period following written notification by either
the COUNTY or the AGENCY.
27 8.3 Termination shall not disrupt the public usage of the recreational
28 easement for the life of the easement.
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1 8.4 Upon termination during the life of the recreational easement all
2 improvements, facilities and hardware shall revert to the authority
having jurisdictional control provided Section 8.3 is complied with.
3 The Agency (Agencies) expressly agrees to all covenants and conditions
4 hereinbefore specified.
5 Accepted and Approved - King County
6 date d e
7 by by
8 title title
9 Dated this �[�_ day of �?
10 City of
11 by
12 title
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APPROVED AS TO FORM AND LEGALITY
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1111S AGRELHL141' , dated this day of is
entered into between PUGET SOUND 110I,TIt 4 LiGwr COMPAhi (Grantor);a
Washington corporation , and the COUNTY OF KING (Grantee) , a political
Subdivision of the State of Washington.
RECITALS
Na 1 . Grantor owns certain property (the Property) located in the
County of Grantee , more particularly described on Exhibit A attached
p hereto , and
2 . The Property is used by Grantor for the transmission and
distribution of electric power and will continue to be used for such
purposes for the foreseeable future , and
3. Grantor and Grantee recognize the need of land for use as
outdoor recreation trails , and
4 . Subject to the terms and conditions of this agreement , that
portion of the Property not now used by Grantor is made available by
Grantor to the public through Grantee pursuant to R. C. 11. 4 . 24 . 200 and
R. C.W. 4 . 24 . 210 .
Grantor for and in consideration of mutual benefits , grants and
conveys unto Grantee , an easement upon and across the Property for the
purpose of a public recreation trail . It is agreed as follows :
1 . Term The term of this agreement shall commence as of the
day and year First above written and shall terminate twenty- five
(25) years thereafter ; provided , however , the Grantee has the right
to renew this agreement for another tiaenty- five ' (25) year term. In
the event of breach by Grantor or Grantee of any of the terms or
provisions of this agreement, the nonbreaching party, in addition to
all other rights or remedies it may have , may terminate this agree-
ment prior to the expiration of such twenty- five (25) year period by
thirty (30) days ' advance written notice to the other vihich notice
shall specifically state the reason for such termination , provided .
further, however, no such termination shall be effective if, within
thirty (30) days after such written notice , the breaching party has
cured or commenced in goud faith to cure the breach turd hab to'Nell or
commenced action in good faith to prevent such breach from continuing
or recurring .
2 . Use of the Property. This easement is for the use of the
Property for tie purposes o± landscaping , developing and maintaining
the Property and of installing , maintaining and using recreational
facilities therein ; provided, that Grantee shall perform no work
hereunder , except for planning purposes , until Grantee and Grantor
have developed and agreed u?on detailed plans depicting all improve-
ments to be installed on the Property , provided further , that if
Grantee desires to develop the recreational aspects of the property in
stages Grantee and Grantor shall develop and agree upon a tentative
overall plan together with detailed plans for the initial stages of
the development and tentative plans for each of the other stages of
the development with proposed dates of completion thereof. The plans
referred to herein shall be completed and agreed upon riot later than
six (6) months after the date of this agreement .
3. Indemnity . Grantee shall protect , indemnify and hold harm-
less Grantor from and against all claims , demands and causes of action
of any kind or character , including the cost of defense thereof , arising
in favor of third parties , which result from the operations of the
Grantee , or the intentional or negligent acts or omissions of the Gran-
tee or its employees , agents or representatives , or the breach by
Grantee of any term or condition .of this Easement.
Pagc 1 of 4
4 . Access . r nLee may , at any time , c ' I tc' th(: public all
or any partt ni Dic i' . .,perty for r:;.isons of main ,enancc , development
Or imprnv,:,.,ent , provided , however , that Grantor , its employees , agents
r' designated representatives shall at all times have the right to
enter upon the Property for the purpose of making any inspections ,
repairs , alterations , changes or improvements upon any of its property ,
V including but not limited to the Property and adjacent grounds , or for
a any purpose whatsoever connected with the carrying on of the business
0 of Grantor . Grantee agrees to give ten (10) days ' advance written
notice of any such closure to Grantor , except closures required for
emergency or other similar reasons . At such times as Grantor may con-
sider it necessary to close to the public a portion of the trail in
connection with the operation of its business , Grantee shall , when so
notified by Grantor , promptly close to the public all or any part of
the Property is requested by Grantor and keep the Property so closed
during the period or periods of -time requested by Grantor .
S . Utilization of the Property. Grantee ' s right to develop,
maintain and use the Property recreation purposes pursuant to this
agreement shall at all times be subject to the right of Grantor , with-
out liability or obligation to Grantee except as provided in paragraph
6 below, (a) to use and maintain its existing facilities on the Proper-
ty; (b) to replace , remove , alter or reconstruct such facilities over-
head or underground , and (c) to install any other facilities in the
corridor overhead or underground.
6 . Repair . Grantor , shall repair any damage to the recreational
developments on the Property, including the lawns , shrubs or trees , or
any other improvements installed on the Property by Grantee under this
agreement resulting from Grantor ' s operations therein except as follows :
(a) If Grantor shall perform any work on their facilities
at the request of Grantee , the cost of restoring the
recreational development on the Property to their con-
dition existing immediately prior to such work shall
be borne by Grantee .
(b) If Grantor shall perform any work on their facilities
in order to satisfy any statute , ordinance , rule or
regulation of any governmental body or -authority other
than Grantee , the costs of restoring the recreational
development on the Property to their condition exist-
ing immediately prior to such work shall be borne
equally by Grantor and Grantee .
7 . Grantor Use . Grantor shall not be deprived because of anything
contained in ti�fis agreement of its use of the Property as required by the
operational demands of its system, or the demands of other utilities '
systems . Grantor shall coordinate its development of the corridor with
Grantee so as to permit dual operation under this agreement , and Grantor
shall provide notice of any such development to Grantee as soon as
planning by Grantor has reached the point where scheduling and location
of its facilities have been determined . Grantor shall not be deprived
from granting easements , permits or licenses to others to use the Proper-
ty so long as such use does not unreasonably interfere with the use
granted to Grantee herein.
8 . Ownership . Grantor owns the Property in fee and the Grantee is
only acquiring an easement to use the surface of the property and nothing
herein shall in any way be construed or deemed to be a grant of any rights
above or under the Property.
9 . Cost Reimbursement . In the event Grantee fails to maintain
the Property or per orm any other duties or obligations of Grantee under
this agreement , Grantor may , but without obligation to do so , maintain
the Property or perform such duties or obligations and Grantee shall
immediately reimburse Grantor for all reasonable costs incurred in
connection therewith.
Page 2 of 4
10 . Restrictions . The use of the recreation trail will be re-
stricted to pe�estriari , equestrian , and bicycle use . Camping , camp-
fires , the use of firearms and aiiy other activities that would endanger
Grantor ' s transmission or distribution lines or other facilities or
J that are inconsistent with the safe use of the Property will be
% prohibited .
11 . Restoration u �o: Termination . Grantor and Grantee upon any
termination o this casement in accordance with Paragrapih 1 hereof
shall mutually agree as to the type of actions necessary to prevent
further use of the trail by the public .
12 . Inspection and Sign Placement . Grantee agrees to inspect and
place , at its cost and expense., warning , directional and cautionary
signs where necessary along the Property prior to allowing public access
to the Property and throughout the term of this agreement .
13 . Taxes . Grantee agrees to pay all real and personal property
taxes that shall becone due and payable during the term of this agree-
ment which are based on assessments made during the term of this
agreement on or because of improvements which Grantee has placed or
will place upon the Property. Grantee will submit yearly to Grantor
evidence of payment of such taxes . In the event any of such taxes are
levied directly against Grantor, Grantor may pay such taxes and , upon
receipt from Grantor of billing for any such taxes so paid , Grantee
shall immediately remit all such amounts .
14 . Charges . ' Grantee will not charge , collect or receive from
the public a tee of ashy kind for the use or enjoyment of the Property .
15 . Notices . Any notice or other communication given hereunder
shall be deems sufficient if in writing and delivered personally to the
addressee , or sent by certified or registered mail, return receipt
requested, addressed as follows , or to such other address as may be
designated by the addressee by written notice to the other party:
To Grantor : Puget Sound Power $ Light Company
Puget Power Building
Bellevue, Washing-ton 98009
ATTN: Manager, Real Estate Division
To Grantee King County Real Property Division
Room 615 King Co. Administration Building
500 Fifth Avenue
Seattle, Washington 98104
16. Successors . This agreement shall be binding upon and shall
inure to the benefit of the parties hereto , their heirs , executors ,
administrators, successors and assigns .
ACCEPTED AND APPROVED - KING COUNTY:
Date November 1�977����,
Title
' 1
Dated this /::31�- day of 1977 .
PUGET SOUND POMER $ LIGII COMPANY
B y .(/
Title
-
r
A' F.':.07 D AS 1*0 I-Jiii.� i":P•iD Ltli iii�'i
ice•^��`�, . .-(� Page 3 of 4
o::.
STATE OF WASHINGTON )
COUNTY OF KING ) ss
On this day personally appeared before me John D. Spellman ,
to me known to be the - - - County Executive o King County, was -
ington, the person who signe the above and foregoing instrument for
King County for the uses and purposes therein stated and acknowledged
to me that tie signed the same as the free and voluntary act and deed
of King County and that lie was authorized to so sign.
GIVEN under my hand and official seal this 1st day of
November 19 79 ,
I% •i� '' NOTARY PUBLIC in an or the State of
Washington, residing at Seattle
STATE OF WA IINGTON )
COUNTY OF KI ) ss
On this d, personally- appeared before me
to me kn n to b the of PU T SOUND POWER $
LIGHT " - - -
i ,•; , ru-
,f N STATE OP WASHINGTON
ment , COUNTY OF EINO ) as �1
2.
Ungar; ,?,; � On this day personally appeared before M yt,,� 1k�� "5
(;,�' to as human to be the vice Pres Wen , of ►mA WN�P 6 4 said
there w LIGHT COISANY, the eorpers on that ea tared the fore oing Snstry�^.
lnstr' V neat, and aeborlodged the said Ins t tat to be e11 free •ad�ygL••1.,,'4''.,
5 p notary act eM deed of said corpOratio of the uas■ and purpeng,✓'' 's '•
thersL Motioned, and that they were authorized to execute tM,>tli, •;
3YY Instnwnt. -' 7; :j i f
\ s. .. : /
• ^ Ono�N under 4 hand and official seal this let day-Alro,.,
r 1977
j,.— MN,Ca, rus' ■ a mr a a s o
ti Mashingt0•,, rssiding at —e
EXHIBIT A
`h That certain strip of land 100 foot in width lying
in the West half of Sections 21p 2S and 36, Township
23 North, Ran{`e / East, M.M., red the West half of
4!Ss,,w Settlons 1, 12, 11, 21, 2S, and 11, Township 22 North,
f� Range 1 G , W,N., and the Meat half of Sections 1,
al md 2S and the East half of Sections 26
and 3S. Township 21 North, Ran e 1 East, M.M., all
In King county, Washington. (laid strip of land being
known as the Puget Sound Electric Railway Right of
'd ^ May.)
1` This legal description shall be further amended and
refined at a later data to accurately re[lact tha precise
V. location of the easement within the above aantlonad 100-
? , + foot strip of land.
b ,
j
i
John D.Spellman
pp County Executive
King County Courthouse v IV\ U
V Seattle.Washington 96104
(2DS)344-4040
June 20, 1978
The Honorable Isabel Hogan
Mayor, City of Kent 1 1
220 S. 4th
P. 0. Box 310
Kent, WA 98031 -
Dear Mayor Hogan:
SUBJECT: INTERURBAN TRAIL - INTERLOCAL AGREEMENT
We are pleased to provide you with a copy of the fully executed
interlocal agreement for the InteOurban Trail project. The
original copy of the agreement is 'being recorded in the County
Records and Election Department. As you may be aware, the
project is currently being reviewed by state and federal agencies.
We hope to have the project under contract by the first week of
July, 1978. The enclosed interlocal agreement was a major mile-
stone to this end in assuring mut al agreement on the nature and
scope of the Phase I project.
On behalf of County staff, I extend our sincere appreciation for
the active support you and your staff have extended to us during
the recent months. We encourage you to maintain this involvement
as we formulate a maintenance agreement and seek ways to further
fund the trail as envisioned in the Master Design Plan. It is
quite evident from the interlocal agreements that we all agree
the project will be a major trail 'asset to the communities in the
Green River Valley.
Sincerely,
Wnlman
County Executive
JDS:dja
Attachment
cc: Jim Guenther, King Co. Public Works Director
Jack Lynch, Director, King Co. Planning & Community Development
Barney Wilson, City of Kent
May 18, 1978
Mr. John Spellman, County Executive
Room 402, Ring County CourthouOe
Seattle, WA 98104
Dear John:
Enclosed are two signed copies of the "Interlocal
Agreement for use of Recreatioinal Easement to be
known as the Interurban Trail.' Please return
one copy after you have signed'.
Very truly yours,
J sep Street,
ity ministrator
ps
Enclosure
cc: � Clerk