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HomeMy WebLinkAboutCAG1985-001 - Original - WA State Parks and Recreation Commission - Van Doren's Landing Park - 06/17/1985 CITY OF KENT - VAN DORENMS ANDING WASHINGTON STATE PARKS AND RECREATION COMMISSON INTERAGENCY AGREEMENT WHEREAS, the Washington State Parks and Recreation Commission, herein- after referred to as the Commission, is the owner of certain undeveloped Land within the City of Kent; and, WHEREAS, the City of Kent's Parks and Recreation Department, herein- after referred to as the City, desires to use said undeveloped land for recreational facilities; and, WHEREAS, the Commission recognizes that the City has the authority and capability for administering this land for public recreational use; and, WHEREAS, said land is highly adaptable to development as an urban outdoor recreational site; and, WHEREAS, the Commission desires to provide for the development and operation of urban park facilities consistent with the intent of RCW 43.51 .380 and 385 RCW 43.51 .040(8); NOW THEREFORE, for and in consideration of the mutual covenants contained herein and the public recreation benefits to be derived, the Commission hereby grants to the City permission to develop and use, for urban recreational park purposes only, the following described real property, situated in the City of Kent, State of Washington; and containing 6.59 acres, as shown on Exhibit "A" attached hereto and by this reference made a part hereof. This agreement is subject to the following covenants, terms and conditions: 1 . The term of this agreement shall be for 40 years commencing on the date last below written. This agreement may be renewed for any period not in excess of 40 years upon expiration of the original 40-year term by mutual agreement of the parties. The City will first be given the right to renew this agreement before any other party is given the opportunity to operate the subject property under agreement with the Commission. 2. This agreement is only a permit to allow the City to use the above described property for the purposes and on the terms and conditions herein stated. 'No legal or equitable title is conveyed to the City hereby. Title to the subject property shall remain in the Commission throughout the term of this agreement or any renewal thereof. -2- 3. All costs involved with the acquisition of the subject property shall be borne by the Commission. 4. The City shall prepare development and management plans for the improvement and use of the subject property. These plans shall be approved by the Director before any development is Implemented. When approved by the Director, a copy of said plans shall be appended to and become a part of this agreement. 5. The City, through its Parks Department, as administrator under this agreement, shall be responsible for all planning, development, operation and maintenance of the subject property, together with all costs associated therewith. 6. The subject property is to be developed and operated as a recreation site consistent with the provisions of RCW 43.51 and all applicable Interagency Committee for Outdoor Recreation and federal funding rules and requirements. 7. While administering the subject property under this agreement, the City shall be In possession of all necessary permits and licenses and shall carry out all development, maintenance and operation according to all applicable codes and regulations, including those of SEPA under which, by entering into this agreement, the City assumes lead agency status for this project. 8. The name of the recreation site developed hereunder shall be chosen by the City, subject to the approval of the Commission. The City shall erect and maintain a sign giving public acknowledgment to all public agencies, private organizations and individuals participating in funding, acquisition or development of the park. 9. On or before the first day of each calendar year, the City shall file a report with the Director, Washington State Parks and Recreation Commission, 7150 Cleanwater Lane KY-11 , Olympia, WA 98504, to verify compliance with the use and development plan. The report shall Include an account of all income, expenses, development accomplishment, park operation schedules and third party contracts or agreements entered into during the preceding year. The plan may be amended based on mutual agreement. t a , -3- 10. The City shall defend and hold harmless the Commission and the state of Washington, its officers, agents, employees, successors or assigns against any and all claims suffered or alleged to be suffered on the property, except such claims which arise out of the activities of the Commission, its officers, agents or employees, for which claims the Commission will , defend and hold the City harmless. 11 . Upon termination or expiration of this agreement, all improvements placed on the subject property under this agreement shall be disposed of as follows: a. All permanent structures and buildings including appurtenant utility services shall become the property of the Commission, at its option. Any such improvements not accepted by the Commission shall be identified in writing by the Commission within 30 days after termination or expiration of this agree- ment, and shall be removed from the site by the City within 120 days of termination or expiration of this agreement. b. All other improvements shall remain the property of the City.The City shall notify the Commission in writing within 30 days after termination or expiration of this agreement, which, if any, of these improvements and materials the City plans to remove from the property. Upon receipt of said written notice, the Commission shall then have 30 days to notify the City in writing which, if any, of the remaining improvements it will accept. The City shall then remove all non-accepted improvements within 60 days of receipt of said written notice. Improvements accepted by the Commission shall become the property of the state. c. In removing any improvements or 'materials, the City shall restore the property as nearly as practicable to its natural condition. If improvements or materials are not removed and the property restored as provided for herein, in a reasonable time period acceptable to the Commission, the Commission, following written notice to City, may accomplish the work and charge the costs to the City. 1. -4- 12. This agreement shall automatically terminate if the City uses the property for anything other than the public urban park recreational purposes detailed in the approved development and management plans. 13. This agreement may be terminated at any time by mutual written consent of the parties hereto. 14. Except as otherwise provided for herein, this agreement may be termin- ated by the Commission in the event of non-compliance by the City with the terms and conditions hereof, providing that the Commission allow the City 90 days after written notice of violation in which to correct any situation which Is not in compliance with the terms and conditions of this agreement. If correction is not made to the satisfaction of the Commission within the 90 days, this agreement will automatically terminate without further notice. 15. Any tree removal shall be in accordance with Commission rules and regulations. 16. Any income resulting from the use of this park shall be used only for the development and operation of this site in accordance with the approved development and management plans. 17. The provisions of this agreement may be modified at any time by the mutual consent of the parties hereto. 18. The City may not assign any of its rights under this agreement without the prior written consent hhe Commission. /-- DATED this day of 198 J. CITY OF KENT WASHINGTON STATE PARKS AND RECREATION COMMISSION - '- By Yn Tveten, Director APPROVED AS TO FORM: KEN 0. EIKENBERRY Attorney General ey Jams M. lahn$enf f Assistant Attorney General Jfrr. ��cvNAS -5- EXHIBIT "A" Van Dorn's Landing That portion of Sections 10 and 11, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Beginning at a point on the northwesterly line of T.S. Russell Road No. 8 at Its intersection with a line that Iles 1058.3 feet south of and parallel with the westerly production of the north line of the SW 1/4 of said Section 11 ; thence northeasterly along said northwesterly line to the southwesterly line of a tract of land conveyed to Francis Jacobus on April 4, 1876 by deed recorded in Volume ii of Deeds, page 538, records of King County; thence N 56*301 W to the easterly shore of the Green River (formerly the White River); thence southwesterly and southerly along said 'shore to a point on a line 1058.3 feet south of and parallel with the westerly production of the north line of the SW 1/4 of said Section 11 ; thence east on said line to the Point of Beginning.