HomeMy WebLinkAboutPK11-317 - Original - Intergovernmental Land Transfer - Kent Pool at Kent Meridian High School - 03/10/2003 , T ecords M eme
KEN Document
W,.9MINQTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: Vendor Number:
JD Edwards Number
Contract Number: U-
This is assigned by Mary Simmons —1
Description: r � r �� `
Detail: o6l "�I
Project Name: da�
Contract Effective Date: Terminati te:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Mania g �� Qa Department:
Abstract:
5 Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT ("Agreement") is entered into this day
of 2003, by and between KING COUNTY, a political subdivision of the
State of Washington (the "County") and the CITY OF KENT, a Washington municipal
corporation (the "City"), and KENT SCHOOL DISTRICT No 415, a Washington
municipal corporation(the"District") (collectively referred to herein as the"Parties")
WHEREAS, the County has leased certain real property from the District pursuant
to the Lease Agreement dated May 26, 1971 ("Lease"), which is attached and incorporated
herein as Exhibit A,
WHEREAS, the County has constructed a facility known as the Kent Pool ("Pool")
on the property leased from the District pursuant to the Lease,
WHEREAS, the County and City have reached an agreement for transfer of
ownership of the Pool from the County to the City,
WHEREAS, the Lease should accordingly be assigned to the City and the District
approves of such assignment,
NOW THEREFORE, in consideration of the mutual promises made in this
Agreement and other good and valuable consideration, receipt of which is hereby
acknowledged, the Parties agree as follows
AGREEMENT
1 Assignment The County hereby assigns, transfers and conveys to the City
all of the County s right, title, and interest in and to the Lease
2 Assumption The City hereby accepts and assumes all of the County's right,
title and interest in and to the Lease and assumes all obligations of any kind
or nature under the Lease that anse after the date of this Agreement The
City agrees for itself, its successors and assigns, to defend, indemnify, and
hold harmless the County, its appointed and elected officials and employees,
from and against any and all claims, liability, damages, demands, suits,
judgments, costs, including attorney fees and costs of defense, which is
caused by, arises out of, or is incidental to the City's breach or violation of
the terms of the Lease or this Agreement
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3 Acceptance The District hereby approves and accepts the assignment of the
Lease from the County to the City pursuant to the terms contained in this
Agreement and releases the County from all obligations under the Lease,
provided, however,this release shall not constitute a release from liability as
to any breach of the Lease by the County that occurred prior to the date of
this Agreement.
4 No Other Amendments Except as modified or amended by this Agreement;
all of the terms and conditions of the Lease remain unchanged
5 Responsibility for Demolition Within fifteen(15) days of the execution of
the Inter Governmental Land Transfer Agreement between King County and
the City of Kent, the City shall transfer an amount equal to seventy seven
thousand, five hundred and no/100($77,500 00), which funds the District
may use for any purposes As consideration for the City's transfer of these
funds to the District, the District agrees that it is solely liable for any costs
of demolishing the pool
6 General Provisions. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement
No provision of this Agreement may be amended or modified except by
written agreement signed by the Parties This Agreement shall be binding
upon and inure to the benefit of the Parties' successors in interest, heirs and
assigns. Any provision of this Agreement that is declared invalid or illegal
shall in no way affect or invalidate any other provision hi the event either
of the Parties defaults on the performance of any terms of tlus Agreement or
either Party places the enforcement of this Agreement in the hands of an
attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees,
costs and expenses This Agreement shall be governed by the laws of the
State of Washington The venue for any dispute related to this Agreement
shall be King County, Washington Failure of any Party to declare any
breach or default immediately upon the occurrence thereof, or delay in
taking any action in connection with, shall not waive such breach or default.
Time is of the essence of this Agreement and each and all of its provision in
which performance is a factor.
7 Counterparts This Agreement may be executed in any number of
counterparts,which counterparts shall collectively constitute the entire
Agreement
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Dated as of the date and year first above written
KING COUNTY CIT F KENT
By ovu By4
Its b/yLLfO� OluP-P It Am
KENT SCHOOL DISTRICT NO 415
By 4ju �.rL,
Its
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STATE OF WASHINGTON )
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COUNTY OF n�_ )
n I certify that I know or have satisfactory evidence that
QQM �fttj5D(�nPr{� is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the D ent and acknowledged it as the Ix fec` or of
to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument
Dated S31.qlo 3
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to 003LO
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STATE OF WASHING ON )
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COUNTY OF )
I certify that I know or have satisfactory evidence that
ct hi.t f L./yte dCr/c. is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the sent and acknowled ed it as the $.fstf t-13wsin;ff .rlvur«S of
� �Cy[rOV/D S�+ it b ff� to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument
Dated 3 �71A3
Notary Public
Print Name
My commission expires
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STATE OF WASHINGTON )
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COUNTY OFC��(�_
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I certif that I know or have satisfactory evidence that
� is the person who appeared before me, and said person
ac#owledg4l that heJ5 signed this instrument, on oath stated that he/she was �kionzed to execute
the instrument an acknowledged it as the Aji of
to be the free and voluntary ct of such party for the uses
and pure es ril0ionedin the instrument
Dated o.3
/g'=%�'p OTAR4jg'�'rdfi r ^ Notary lic
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-5-
EXHIBIT A
LEASE AGREEMENT
fE6-11-203 IUE 03:UU hN hAX NU. Y, UC
LEASE AGREEMENT
,
THIS LEASE made in quadruplicate thin 26 day of May ,
1971, by and between KING COUNTY, WASHINGTON, a legal subdivision
of the State of Washington, Lessea, and KENT SCHOOL DISTRICT
NO. 415, King County, Washington, a municipal corporation
of the State of Washington, Lessor:
WITNESSETH:
In consideration of the covenants and agreements
of the Lessee hereinafter set forth, the School District does
by these presents lease and demise unto King County that certain
real estate described an followq:
That portion of 17. 1/2 of S.W. 1/4 of S.11. 1/4
of Section 20, T. 22 N., R.5 U„ W.M. described
as follows: Beginning at a bronze monument
marking the interjection of the center line of
secondary State Highway 140. E-A with the center
line of secondary State Highway No. 5-C and being
the S.C. corner of the S.W. 1/4 of S.W. 1/4 of said
Section 20; thence, N. D'10'33"W. along the center
line of said secondary State Highway No. 5-C 828.1i ' ,
thence 14. 89.43'19" W. 623.51' to the E. line of the
W. 1/2 of S.W. 114 of S.W, 1/4 of said Section 20
and the true point of beginning; thence continua N.
89.43'19" W. 313.83'; thence S. 0.23'03" W. 133.33' ;
thence S. 89.55138" E. 79.10; thence S. 0.04 '22" W.
41.00' ; thence S. 89055*38" E. 236.80' to the E. line
of the W. 1/2 of S.W. 1/4 of S.W. 1/4 of said Section
20; thence N. 0.22'28" W. along said line 173.21' to
the true point or beginnings subject to an easement
over the E. 35' thereof.
In addition to the property leased, the School District
will provide all convenient and necessary easements for utilities,
ingress and egress.
The term of such lease shall be for a period of forty
140) years from the date above written. Upon expiration of
UC0002
Corracted Page 1
FEB-11-2003 TUE 03;OD PM FAX NO, P. 04
LEASE AGREEMENT '
THIS LEASE made in quadruplicate this _:�J_day of N^v
1971, by and between KING COUNTY, WASHINGTON* a legal subdivision
of the State of Washington, Leaseo, and KENT SCHOOL DISTRICT NO.
415, King County, Washington, a municipal corporation of the
State of Washington, Lessorr
WITNESSLTH:
In consideration of the covenants and agreements
of tha Lessen hereinafter set forth, the School District does
by these presents lease and domice unto King County that
certain real estate described as follows;
That portion of W. 1/2 of S.W. 1/4 of S.W. 1/4
of Section 20, T.22 N., R.S.E. , W.A. described
an follows; Beginning at a bronze monument
narking the intersection of the center line
of secondary State Highway No. 5-A with the
canter lino of secondary State Highway No. 5-C
and being the S.E. corner of the S.W. 1/4 of
S.W. 1/4 of said Section 201 thence, N. 0020'33"
W. along the center line of said secondary State
Highway No. 5-C 828.11' ; thence N. 09043119" W.
623,51 ' to the E, line of the W. 1/2 of 5.14. 1/4
of S.W. 1/4 of said Section 20 and the true point
of beginning; thence continue N. 89043'19" i4. 313.83';
thence S. 0`23'03" W, 133.33' t thence S. 89055'38"
E. 79.10'; thence S. 0°04'22" W. 41.00 '1 thence
S. 09655'38" E. 23G.80' to the E. line of the
W. 1/2 of S.W. 1/4 of S.W. 1/4 of said Section
201 thence P;. 0022' 28" W. along said line 173.21'
to the true point of beginning: subject to an
casement over the E. 35' thereof.
In addition to the property leased, the school District
w111 provide all convenient and necessary easements over its
adjoining land for utilities, ingress and egress.
The term of such lease shall be for a period of fcrty
(40) yearn from the date above written. Upon expiration of
FEB-11-2003 TUE 03:00 PM hRX NU. N. Ub
said lease term, Lessee shall have an option to renew such
lease upon terms to be negotiated between the parties, it being
the intent at this date that the lease continue for at least
Lhe useful life of the building and structures to be located
on the premises.
King County accepts the premises in the present
condition and for the purpose of immediately constructing
thereon a major indoor swimming pool.
King County shall be responsible for compliance with
all laws affecting use of the property for all charges for
utilities or governmental charges or taxes that should be levied
against the property or this lease, for all maintenance, repairs
and insurance thereon and shall keep the property in good
repair and insured against all damage and liability resulting
from the use thereof. Such insurance shall name lessor as an
{ additional insured.
King County shall at times when facilities on the
leased promisee are not to be used by King County permit the
School District to use such facilities subject to a Use Agreement
between the two agencies.
King County agrees to hold the School District
harmless and to indemnify and defend the School District against
any claim or liability for damage to any person or property
And costs incident thereto arising with respect to the leased
premises, except when such damage is a result of School District
sponsored or controlled activities on the leased premises or
where such damage is attributable to some act or omission of
the School District.
FEB-11-2003 TUE 03:01 PM hfix NU. F. Ub
t
The School District agrees to hold Icing County
1 , harmless and to indemnity and defend Xing County against any
claims or liability for damage to any person or property on
the lensed promi-ios and costs incident thereto caused by the
negligence of the school District or as a result of School
District sponsored or controlled activities on the leased
promisss, and where such damage is not attributable to some
act or omission of Xing County.
IN WITNESS WHEREOF, the parties hereto have hereunto
act their hands and seals the date first above written.
7 J HN�D PELLf N
COUNT EXECUTIVE �' -'`��71
KENTTS.,C OOL DISTRICT NO. 415
Approved as to turn and Legality
�� •, .� r CK�:���n-ram '
GARY E. JAdORSIDW
Deputy Prosecuting Attorney
Date
1
FEB-11-2003 WE 03:01 PM FAX N0, P. 07
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COUNTY OF' K I N G )
On this 2L-atday of 27,1,, 1971, before me
pr_rsonally appeared to me known
to be the (president, vice, secretary, treasurer, or
other authorized officer or agent, as the case may be) of
the municipal corporation that executed the within and foregoing
instrumont, and acknowledged said instrument to be the free
,and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument And that the seal affixed
is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and
affixed my efricial seal the day and year first above written.
1 NO `AARY PUBLIC in and fdr tie
State of Washington, esiding
at
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Y
Intergovernmental Land Transfer Agreement Between
King County and the City of Kent
RELATING TO THE OWNERSHIP, OPERATION AND MAINTENANCE
OF THE KENT POOL
THIS AGREEMENT is made and entered into this /0 day of kx,-e,� ,
2003, by and between the City of Kent, hereinafter called "City', and King County,
hereinafter called "County"
WHEREAS the County, under the authority of RCW 36 89 050, King
County Resolution 34571 and other federal, state and county laws, has acquired and
developed a substantial park, recreation and open space system that depends on the
continued operation of its many individual properties and facilities in order to fully serve
the needs of the residents of King County and the cities within it, and
WHEREAS, the County constructed, owns, and operates the Kent Pool (the
"Pool") located at 10020 SE 250h Street, Kent, Washington, under the terms of a lease
with the Kent School District, and
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 is willing therefore to assume ownership and operating
responsibility for the Pool, and
WHEREAS the County desires to divest itself of ownership, management,
and financial responsibility for parks, open space, recreational facilities and programs
inside and near the City boundaries, and
WHEREAS the County does not have a sufficient, stable source of revenue
to continue to manage and maintain its parks, open space, recreational facilities and
programs at current levels, and
WHEREAS the County is legally restricted from converting many of these
parks, open space, and recreational facilities from their current uses without expending
funds to replace the converted facilities, and
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 1
WHEREAS given the legal restriction regarding conversion of the Pool, the
marketability of the Pool is limited and, as a result, the cost of operating the Pool is
approximately equal to or greater than the value of the Pool to the County; and
WHEREAS to the extent the City provides scholarships, reduced fees or
other means of assuring access to parks and recreational programming for City residents,
the City has a goal of ensuring that such scholarships or other needs-based rates and
programs are available to all persons desiring to use the Pool regardless of residency, and
WHEREAS it is in the best interest of the public that the City and the
County to work together to take those actions necessary to meet those desires and to
cooperate in any transition to ensure a smooth transition and avoid service disruption,
NOW, THEREFORE, in consideration of the mutual promises contained
herein and other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the City and the County agree as follows
1. Conveyance of Title
1 1 Within thirty (30) days of execution of this Agreement, the County shall
convey to the City by Bargain and Sale Deed all its ownership interest in the
Pool, which is more fully described in Exhibits "A" and`B" (the "Property"
or the "Pool'). Within thirty (30) days of execution of this Agreement, the
County shall also assign the Lease with the Kent School District, (the
"Lease"), attached as Exhibit"C", to the City, subject to Section 14
Kent Pool
12 All deeds shall also contain the following specific covenants pertaining to
use, which covenants shall run with the land for the benefit of the County
and the County land that makes up its public park, recreation and open space
system. The County and the City agree that the County shall have standing
to enforce these covenants, which shall be set forth as follows
"The City, as required by RCW 36.89.050, covenants that the Property shall
be continued to be used for open space, park, or recreation facility purposes
or that other equivalent facilities within the County shall be conveyed to the
County in exchange therefore "
"The City covenants that it shall abide by and enforce all terms, conditions
and restrictions in King County Resolution 34571, including that the City
covenants that the Property will continue to be used for the purposes
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 2
contemplated by Resolution 34571, that the Property shall not be transferred
or conveyed except by agreement providing that such lands shall continue to
be used for the purposes contemplated by Resolution 34571, and that the
Property shall not be converted to a d ifferent u se u nless o ther a quivalent
facilities within the County or City shall be received in exchange therefore."
"The City covenants that it shall not use the Property in a manner that would
cause the interest on County bonds related to the Property to no longer be
exempt from federal income taxation."
"The City covenants that if differential fees for non-city residents are
imposed for use of the Property, such fees will be reasonably related to the
cost borne by city taxpayers to maintain, improve or operate the Property for
parks and recreation purposes."
"The City covenants that it shall place the preceding covenants in any deed
transferring the Property or a portion of the Property for public park,
recreation or open space uses, provided, however, that all such preceding
covenants shall terminate on May 26, 2011.
13 The City and County agree that the assignment of the CounWs Lease for the
underlying real property upon w hich t he P ool i s b uilt w ill c onvey a 11 t he
rights and obligations of the County contained in the Lease, and that the
City shall assume all the rights and obligations of the County, including the
covenants, contained in the Lease The assignment shall provide that any
costs of the demolition of the Pool at the end of the lease term shall be the
responsibility of the Kent School District The assignment will contain such
other terms as are mutually agreeable to the parties.
1.4 The C try a nd C ounty agree t hat t he c onveyance a nd a ssignment o f L ease
referenced in paragraph 1 1 are contingent on receiving written approval of
the assignment of Lease from the Kent School District If such written
approval is not obtained within thirty (30) days from the execution of this
Agreement, the conveyance and assignment shall not be required until thirty
(30) days after such written approval is obtained
15 The Property being conveyed includes certain equipment and supplies for the
operation and maintenance of the Pool, as described in Exhibit"A". The
County will leave such equipment and supplies on site, which equipment and
supplies will include all furniture, lifeguard equipment, first aid supplies,
specialty tools, operator manuals, as-built pool and remodel plans, computer
equipment used for pool operation, phone system, lighting fixtures,
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 3
miscellaneous pool equipment, building maintenance supplies, spare parts,
and materials such as chlorine and filtration supplies for pool maintenance
The City takes all equipment and supplies AS IS and WHERE IS and agrees
that the County holds no future responsibility with regard to the equipment
and supplies or any occurrence related to or resulting from use of the
equipment and supplies. Any equipment and supplies stored at the Pool for
use at other King County facilities will not be transferred and will be
removed by the County within thirty (30) days of the conveyance and
assignment in Section 1 1.
16 It is understood that if a city and/or school district constructs a new pool in
the future in the general vicinity of the Pool and if 1) such new pool
operates as a public pool in the same manner as required for the Pool by this
Agreement, 2) is of comparable size and equivalent recreational value, and
3) the City provides funds for the new pool in lieu of providing continued
funding for operation of the Pool, the new pool shall constitute an
equivalent replacement facility for the Pool as contemplated by Resolution
34571 When the City withdraws funding from the Pool and the new pool is
operational and open to the public, then as between the County and the City,
the County will deem a closure of the Pool to be in compliance with the
City's obligations to the County to continue operating the pool under this
Agreement.
17 It is understood that the Pool has been "mothballed" effective January 1,
2003 The City has agreed to accept transfer of the Pool and provide annual
funds for the operation of the Pool In the event that the City determines at
any time that the costs to operate the Pool exceed its reasonably available
funds, the City shall provide 90 days notice to the Pool management group
and community and make every reasonable and diligent effort to secure
financial support for continued operation. If adequate funding is not secured
in the ninety (90) day period, the City shall certify to the County in writing
that. (1) it has used all reasonable and diligent efforts to continue to operate
the Pool and to secure financial support therefore, (2) funds are not
reasonably available to allow the continued operation of the Pool by the
City, and (3) the City has been unable to assign its interests in the Pool to
another operator or otherwise ensure the continued operation of the Pools as
public pool Thereafter, the City may elect, consistent with applicable legal
requirements, to have title to the Pool revert to the Kent School District in
accordance with the Assignment of Lease The City is solely responsible
for its actions and determinations under this section
2. Existing Restrictions,Agreements, Contracts or Permits
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 4
21 The City shall abide by and enforce all terms, conditions, reservations,
restrictions and covenants of title at the time of conveyance and/or in the
deed of conveyance
3. Financial Arrangement
3 1 The County will transfer capital funds to the City in an amount of not less
than $50,000 for the purposes described in section 3 1, the amount, if any,
over $50,000 shall be determined by the County in its sole discretion
Capital dollars will be distributed to the City by December 31, 2003, and
December 31, 2004, in approximately equal installments. These funds may
be used only for the planning, construction, reconstruction, repair,
rehabilitation or improvement of the Pool To the extent that capital funds
distributed hereunder are not used for capital improvements at the Pool,they
shall be returned to the County.
32 The County agrees to provide the City with a one-time payment of$74,130,
Much amount may be used for the operation and maintenance of the pool or
any other purposes related to the Pool. These funds will be distributed to
the City no later than March 31, 2003.
4. Condition of Premises and Responsibility for Operations, Maintenance,
Repairs, Improvements, and Recreation Services
41 The City has inspected and knows the condition of the Property and agrees
to accept the Property in AS IS condition, and to assume full and complete
responsibility for all operations, maintenance, repairs, improvements of, and
provision of recreational services at, the Property
42 The County does not make and specifically disclaims any warranties,
express or implied, including any warranty of merchantability or fitness for
a particular purpose, with respect to the Property, and no official, employee,
representative or agent of the County is authorized otherwise
43 The City acknowledges and agrees that except as indicated in paragraph 5 2,
the County shall have no I iability for, a nd t hat t he C rty s hall r elease and
have no recourse against the County for, any defect or deficiency of any
kind whatsoever in the Property without regard to whether such defect or
deficiency was known or discoverable by the City or the County
5. Environmental Liability
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 5
5 1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous
or toxic wastes, materials, or substances as defined in state or federal
statutes or regulations as currently adopted or hereafter amended.
52 Nothing in this agreement shall be deemed to waive any statutory claim for
contribution that the City might have against the County under federal or
state environmental statutes that arises from hazardous materials deposited
or released on the Property by the County during the County's period of
ownership. The City may not, however, assert such a claim to the extent
that the City creates the need for or exacerbates the cost of remediation upon
which a statutory claim for contribution is based as a result of the City
performing construction activities on the Property, changing the
configuration of the Property, or changing the use of the Property
53 If the City discovers the presence of hazardous materials at levels that could
give rise to a statutory claim for contribution against the County it shall
immediately notify the County in writing Such notice shall in no event be
provided more than ten (10) days after discovery After notice is provided
the parties shall make their best efforts to reach agreement as to which party
is responsible for remediation under the terms of this Agreement If the
City fails to provide timely notice as provided for herein it shall be
prohibited from bringing a statutory claim for contribution against the
County.
5.4 In no event shall the County be responsible for any costs of remediation that
exceed them immum necessary to satisfy the state or federal agency with
jurisdiction over the remediation
6. Indemnification and Hold Harmless
6.1 The County shall indemnify and hold harmless the City and its elected
officials, officers, agents or employees, or any of them, from and against any
and all claims, actions, suits, liability, loss, costs, expenses and damages of
any nature whatsoever, (i) which are caused by or result from a negligent
action or omission of the County, its officers, agents and employees in
performing its obligations pursuant to this Agreement, and/or (u) ansmg
from those occurrences related to the Property that occurred prior to the
effective date of conveyance of the Property to the City, except to the extent
that indemnifying or holding the City harmless would be limited by Section
5 of this Agreement. In the event that any suit based upon such a claim,
action, loss or damage is brought against the City or the City and the
Intergovernmental Land Transfer Agreement Re: Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 6
County, the County shall defend the same at its sole cost and expense and, if
final judgment be rendered against the City and its elected officials, officers,
agents and employees or jointly against the City and the County and their
respective elected officials, officers, agents and employees, the County shall
satisfy the same
6.2 In executing this Agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or
responsibility which arises in whole or in part from the existence or effect of
City ordinances, rules or regulations or City actions under Section 1.7 If
any cause, claim, suit, action or administrative proceeding is commenced in
which the enforceability and/or validity of any such City ordinance, rule or
regulation or action under Section 17 is at issue, the City shall defend the
same at its sole expense and if judgment is entered or damages are awarded
against the City, the County or both, the City shall satisfy the same,
including all chargeable costs and attorneys fees
63 The City shall indemnify and hold harmless the County and its elected
officials, officers, agents and employees, or any of them, from and against
any and all claims, actions, suits, liability, loss, costs, expenses and damages
of any nature whatsoever, (1) which are caused by or result from a negligent
act or omission of the City, its officers, agents and employees in performing
obligations pursuant to this Agreement, and/or (n) ansmg from those
occurrences related to the Property that occurred on or after the effective
date of conveyance of the Property to the City, except to the extent that
indemnifying or holding the County harmless would be limited by Section 5
of this Agreement In the event that any suit based upon such a claim,
action, loss or damage is brought against the County or the County and the
City, the City shall defend the same at its sole cost and expense and, if final
judgment be rendered against the County and its officers, agents and
employees or jointly against the County and the City and their respective
officers, agents and employees, the City shall satisfy the same.
64 Each Party to this Agreement shall immediately notify the other of any and
all claims, actions, losses or damages that anse or are brought against that
Parry relating to or pertaining to the Property
6.5 Each party agrees that its obligations under this paragraph extend to any
claim, demand, and/or cause of action brought by or on behalf of any
employees, or agents For this purpose, each party, by mutual negotiation,
hereby waives, with respect to the other party only, any immunity that
would otherwise be available against such claims under the Industrial
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 7
Insurance provisions of Title 51 RCW, but only to the extent necessary to
indemnify the other party
7. Audits and Inspections
7.1 Until December 31, 2008, any of either party's records related to any
matters covered by this Intergovernmental Agreement not otherwise
privileged shall be subject to inspection, review, and/or audit by either party
at the requesting parry's sole expense. Such records shall be made available
for inspection during regular business hours within a reasonable time of the
request
8. Waiver and Amendments
8.1 Waiver of any breach of any term or condition of tlus 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 by the parties hereto.
9. Entire Agreement and Modifications
9 1 This Intergovernmental Agreement and its Exhibits 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.
10. Duration and Authority
10.1 This agreement shall be effective upon signature and authorization by both
parties The terms, covenants, representations and warranties contained
herein shall not merge in the deed of conveyance, but shall survive the
conveyance and shall continue in force unless both parties mutually consent
in writing to termination.
Intergovernmental Land Transfer Agreement Re Kent Pool 03/03/2003
g t� ( )
(between King County and the City of Kent)—Page 8
11. Notice
11 1 Any notice provided for herein shall be sent to the respective parties at
King County City of Kent
Director, Parks Division John Hodgson
KSC-NR-0700 Director of Parks, Recreation and
201 South Jackson Street Community Services
Seattle, WA 98104-3855 220 Fourth Avenue South
Kent, Washington 98032
IN WITNESS WHEREOF, the parties have executed this Agreement.
KING COUNTY: CITY OF KENT:
Pt, . TVA
J WHITE, Mayor
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
King County Kent City Attorney
Deputy Prosecuting Attorney Tom Brubaker
z 0
Date Date
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 9
STATE OF WASHINGTON )
ss
COUNTY OF KING )I hereby certify that on th Q � �y J day of r t t p \ 2003, I know or
have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that
he is au razed to execute the instrument on behalf of the KING COUNTY, as its
, WN ireLla2 and such execution to be the free and voluntary act of such
party for the uses and purposes mentioned in the foregoing instrument
-Notary Seal Must Appear Within This Box-
�%WITNE,y S WHEREOF, I have hereunto set my hand and official seal the
day year first aboty written
, _S�gai,.e tiF�y rn��i
pOTAgy
j0//BUG d C ICI P7 ca'!?
a�"y�Fj1>>+ NOTARY PUB IC, and for the State of Washington
�WAaM� residing at I r d rt
My appointment expires 5
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 10
STATE OF WASHINGTON )
ss
COUNTY OF KING )
I hereby certify that on the —4�ta y of Qh �� , 2003, I know or
have satisfactory evidence that JIM WHITE is the person who appeared before me, and said
person acknowledged that he signed this instrument, on oath stated that he is authorized to
execute the mstrument on behalf of the CITY OF KENT as its Mayor, and such execution to
be the free and voluntary act of such parry for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day a.
above written
rt�p ....... 44,E
.��"�• ,t
r ,A H k, 1
Id 1
NOTARY PUB C, in and for the State of Washington
VP MAs residing at
„ My appointment/expires
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 11
EXHIBIT A
Personal Property to be transferred with Pool
Hand saw 1
Hack saw 1
Needle nose pliers 3
Channel lock pliers 1
Vise gnp 1
Pliers 3
Wire cutters 1
Allen wrench set 1
25' trouble li is 2
25' extension cord 1
100' extension cord 1
6 in bench vise 1
Misc paint products
Dnll motor and bits 1
Flashlights 6
Wire brush 1
Putty knives 2
Small handsquare 1
Pool vacuum with handles 1
24"pool brush with handles 1
Handicap lift—hydraulic 1
Handicap lift—hand cranked i
Pool steps 1 set
55 gallons bleach 2
15 gallon acid 1
50 lb bags DE 3
50 lb bi-carb 2
50 dry chlonne 1
Chemical pumps 3
Chemtrol feeds stem 1
Assortment of brooms
Assortment of hoses
Assortment of brushes
Assortment of squeegees
Assortment of cleaning buckets
Large yellow mop bucket 1
Laze amount of c1carring supplies
Laze amount of septum cleaner
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 12
Large supply of paper products, feminine
hygiene products, hand soap, garbage bags,
changing table liners
Miscellaneous office supplies
Microwave 1
Fax machine 1
Rescue tubes 3
Fanny packs— 1"aid kits 2
Basketball Standard 1
Basketball Standard—may belong Special 1
Olympics
Noodles—County purchased, higher grade 14
Noodles—other 13
Barbells 30
H drofit equipment 20 sets
Pull buoys 5
Fins 5
Lane fines— ractrce 1 set
Lane lines—competitive 1 set
Small mats 6
Large mat 1
Adding machines 2
Radios 3
Shredder 1
Computers 2
Pocket masks Approx 8
File cabinet 1
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between Kmg County and the City of Kent)—Page 13
EXHIBIT B
Legal Description
KENT POOL
Those real property improvements,including fixtures and equipment,located on:
That portion of the West 1/2 of the SW 1/4 of the SW 1/4 of Section 20, Township
22 North, Range 5 East, W M, in King County, Washington, described as follows
Beginning at a bronze monument marking the intersection of the centerline of
Secondary State Highway No 5-A with the centerline of Secondary State Highway
No 5-C and being the SE comer of the SW 1/4 of the SW 1/4 of said Section 20,
thence N 0°10'33" W along the centerline of said Secondary State Highway No 5-
C 828 11 feet,thence N 89°43'19"W 623 51 feet to the East line of the West 1/2 of
the SW 1/4 of the SW 1/4 of said Section 20 and the true point of beginning, thence
continue N 89°43'19"W 313 83 feet, thence S. 0°23'03"W 133 33 feet, thence S
89055'38" E 79 10 feet, thence S 0°04'22" W 4100 feet, thence S 89°55'38" E
236 80 feet to the East line of the West 1/2 of the SW 1/4 of the SW 1/4 of said
Section 20, thence N 0°22'28" W along said line 173 21 feet to the true point of
beginning
Intergovernmental Land Transfer Agreement Re Kent Pool (03/03/2003)
(between King County and the City of Kent)—Page 14