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HomeMy WebLinkAboutPK04-037 - Original - King County - Development & Operation of Grandview Park Off-Leash Dog Area - 12/16/2003 Records Mqna' gement O KENT ' WAS„,„OTG„ Document 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, I you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Contract Number:Ott O y- D B y' This is assigned by Mary Simmons Vendor Number: Project Name: Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: 4� 2 Department: 14��� 'Oe Abstractell h ADCL7832 07/02 AGREEMENT REGARDING DEVELOPMENT AND OPERATION OF A GRANDVIEW PARK OFF-LEASH DOG AREA THIS AGREEMENT is made and entered into, effective as of the date of the last signature affixed to any counter part hereof, by and between the following Washington municipal corporations: City of Auburn ("Auburn"), City of Burien ("Burien"), City of Des Moines ("Des Moines"), City of Federal Way ("Federal Way"), City of Kent ("Kent'), City of Renton ("Renton"), City of Tukwila ("Tukwila"), City of SeaTac ("SeaTac"), collectively referred to herein as the "Cities", and King County (the "County"). The Cities and County may also be referred to herein individually as a "Party" or collectively as the"Parties". 1. PURPOSE. The Parties have participated as members of an Off-Leash Task Force for the purpose of promoting and facilitating the development and operation of a regional off-leash dog area (hereinafter referred to as the "OLA") for public use in South King County at Grandview Park within SeaTac. The purpose of this Agreement is to provide for the said development and operation of the OLA. 2. CONDITION PRECEDENT. The Parties acknowledge that the County holds the deed to Grandview Park, located within the city limits of SeaTac, subject to a right of reversion to the United States if the property ceases to be used as a public park. The County has closed the Park to public use due to financial difficulties. SeaTac has declined to accept ownership of the Park due to similar financial difficulties. The Park is now subject to the said reversion unless it be reopened to public park uses. Accordingly, notwithstanding any contrary provision of this Agreement, the same shall not become effective or enforceable until the County provides a deed placing ownership of the Grandview Park in SeaTac. The funding and other obligations of this Agreement shall be null and void unless Serve Our Dog Areas(S.O.D.A.), a Washington non-profit corporation enters into an agreement with SeaTac for development and operation of the off-leash dog area at Grandview Park, generally in the form of the July 11, 2003 draft prepared by SeaTac. 3. AUTHORITY. This Agreement is entered into by the Cities and the County pursuant to authority of RCW 39.34.080 which provides that public agencies may contract among themselves for performance of any governmental activity which each is authorized by law to perform, such as public parks and park activities. 4. PROPERTY DESCRIPTION. The Grandview Park, which is coterminous with the off-leash dog area, is legally described in Exhibit A, and is depicted on Exhibit B, attached hereto and incorporated herein by this reference. 5. TERM OF AGREEMENT. This Agreement shall be effective as of the effective date of the companion Agreement for Development and Operation of an Off-Leash Dog Area at Grandview Park as described at Section 2, above. This Agreement shall then Page 1 ~d continue for the term of twelve (12) months. The Parties hereto shall have the option to renew this Agreement for a second term of five (5) years, or such other term as may be identical to the extension or term of a new Agreement between SeaTac and S.O.D.A. 6. FUNDING. The Parties hereby promise and agree to provide the cash contributions itemized on Exhibit C hereto, which is incorporated herein by this reference. Such funds shall be paid by the Parties to Kent which shall be the Parties' fiscal agent pursuant to Section 9, below. 7. LIABILITY. The Parties expressly provide that no liability shall attach to any party by reason of entering into this Agreement, except as expressly provided herein, and that the benefits and responsibilities provided by this Agreement shall not establish any special relationship or third-party benefit to any person or entity not a Party to this Agreement. 8. INDEMNIFICATION. Each party agrees to be responsible for any and all claims, damages, or other liabilities including costs of defense and attorneys' fees arising out of the acts or omissions of its officers, employees, volunteers, and/or agents in the performance of the obligations of each party under this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. FISCAL AGENT. Kent shall be responsible for accepting, retaining, and disbursing all of the Parties' funds contributed pursuant to this Agreement. In disbursing funds to S.O.D.A., or directly to vendors and material suppliers, Kent shall coordinate with SeaTac as to the propriety of such disbursements pursuant to the Agreement between SeaTac and S.O.D.A. and actual improvements contracted or constructed at Grandview Park. 10. SUPERVISION OF OPERATIONS. SeaTac shall enter into an Agreement with S.O.D.A. for development, operation, and maintenance of the off-leash dog area at Grandview Park. SeaTac shall also be responsible for oversight and supervision of all development, operations, and maintenance performed by S.O.D.A. pursuant to the said Agreement and shall, upon request of any Party hereto, provide written information as to any and all such activities. 11. MAINTENANCE OBLIGATION. The Cities hereby agree to each provide a maximum of sixteen (16) hours of personnel time and sixteen (16) hours of equipment and tool use for the purpose of necessary maintenance beyond the capabilities of S.O.D.A., or for mutually agreed capital construction projects and/or special maintenance or restoration projects. Personnel time may include paid staff and/or volunteer time. All City staff and volunteers who operate power equipment pursuant to this Section shall be trained and certified in the safe operation of such equipment. Page 2 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be submitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shall be subject, at all times, to inspection, review or audit by any Party to this Agreement. IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CIT OF AU CITY OF KENT By: By: Mayor�,� Mayor Date: D - -�.3 Date: Appro ed as to Approved as to Form: City Attorney City Attorney CITY OF BURIEN CITY OF RENTON By: By: City Manager Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Page 3 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be submitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shall be subject, at all times, to inspection, review or audit by any Party to this Agreement. IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CITY OF AUBURN CITY OF KENT By: By: Mayor or Date: Date: A --J L —O 3 Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF BURIEN CITY OF RENTON By: By: City Manager Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Page 3 r ' 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be submitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shall be subject, at all times, to inspection, review or audit by any Party to this Agreement. IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CITY OF AUBURN CITY OF KENT By: By: Mayor Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF BURIEN CITY OF RENTON By By: City Manager , �� �d Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney Page 3 12. DESIGNATED REPRSENTATIVES. Each Party shall initially be represented by their respective Directors of Parks and Recreation, or equivalent, for the purpose of mutually discussing and resolving all matters arising pursuant to this Agreement or development, operation, and maintenance of the OLA. Any unresolved disagreements in regard to interpretation or effect of this Agreement or in regard to development, operation, and maintenance of the OLA shall be submitted to the jurisdiction of the King County Superior Court at Kent, Washington. The Parties may, from time to time, appoint or reappoint representatives, by written notice to all other Parties. 13. AUDITS AND INSPECTIONS. Any and all records and documents with respect to matters governed by this Agreement shall be subject, at all times,to inspection, review or audit by any Party to this Agreement. IN WITNESS WIIEREOF THE Parties hereto have executed this Agreement on the dates indicated below. CITY OF AUBURN CITY OF KENT By: By: Mayor Mayor Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF BURIEN CITY OF RENTON By: By: City Manager Mayor- Jesse Tanner Date: Date: 1 "Jjfe�2a?3 emay Approved as to Form: App as to Form: City Attorney City Attorney Attest: By: Page 3 CI Clemie I. Walton CITY OF DES MOINES CITY OF SEATAC By: By: City Manager City Manager Date: Zo- Date: App ed to Form: Approved as to Form: � C - &,/,V� - �ity Attorney City Attorney CITY OF FEDERAL WAY KING COUNTY By: By: City Manager Title: Date: Date: Approved as to Form: Approved as to Form: City Attorney Deputy Prosecuting Attorney CITY OF TUKWILA By: Mayor Date: Approved as to Form: City Attorney Page 4 i CITY OF DES MOINES CITY OF SEATAC By: By: ce Rayburn, lty Ma alter City Manager City Manager Date: Date: d� Approved as to Form: Approved as to Form:,V I ����(((���[[[- n C).L— f City Attorney City Attorney CITY OF FEDERAL WAY KING COUNTY By: By: City Manager Title: Date: Date: Approved as to Form: Approved as to Form: City Attorney Deputy Prosecuting Attorney CITY OF TUKWILA By: Mayor Date: Approved as to Form: City Attorney Page 4 i 1 CITY OF DES MOINES CITY OF SEATAC By: By: City Manager City Manager Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF FEDERA WAY KING COUNTY By: By: City Manager Title: Date: qh ,o 3 Date: 4pZro ed as to Form: Approved as to Form: City Attorney Deputy Prosecuting Attorney CITY OF TUKWILA By: Mayor Date: Approved as to Form: City Attorney Page 4 CITY OF DES MOINES CITY OF SEATAC By: By: City Manager City Manager Date: Date: Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF FEDERAL WAY KING COUNTY By: By: City Manager Title: Date: Date: Approved as to Form: Approved as to Form: City Attorney Deputy Prosecuting Attorney CITY OF TUKWILA By: � "N w\Aw& 4-f— Mayor Date: (7 b//O App owed as to Form: W;L gltA� City Attorney Page 4 EXHIBIT A Legal Description: A parcel of land in the NW % of Section 15, Township 22 North, Range 4 East, Willamette Meridian, King County, Washington, described as follows: Beginning at the northwest corner of the W '/z of the NE '/4 NW '/4; thence Easterly in the north line thereof 663.60 feet to the northeast corner of said W %2; Thence southerly along the east line thereof to the northwest corner of the west 275 feet of the SE '/4 NE '/ NW Y4 of said Section 15; thence easterly in the north line thereof 275 feet; thence southerly to the southeast corner of said west 275 feet of the SE '/4 NE '/ NW '/; thence westerly along the south line thereof to a point which is 879.74 feet east of the southwest corner of the NE '/4 NW '/; thence South 40° 21' W. 203.85 feet; Thence South 0° 57' E. 93.0 feet; thence South 750 00' W. 167.4 feet; thence south 200 00' E. 32.72 feet; thence South 880 28' W. to the west line of the SE '/4 NW '/4 of said Section 15; thence southerly along said west line 294 feet; thence westerly 190 feet along the south line of the north 57 feet of the south 758 feet of the SW '/4 NW '/4 of said Section 15; thence northerly 57 feet in a line parallel with the east line of said SW '/4 NW '/4; thence westerly 20 feet in a line parallel with the north line of said SW '/4 NW 1/4 ; thence northerly 171 feet in a line parallel with the east line of said SW '/4 NW '/; thence westerly 20 feet in a line parallel with the north line of said SW '/ NW '/4; thence northerly 171 feet in a line parallel with the east line of said SW '/4 NW '/4; thence westerly 71 feet in a line parallel with the north line of said SW '/4 NW '/; thence northerly 220 feet to a point in the north line of the SW '/4 NW '/4 of said Section 15, 301 feet westerly of the NE corner thereof, thence westerly in said north line 66 feet; thence northwesterly 230 feet, more or less, to the south line of the north 1090 feet of the NW '/4 NW '/4 of said Section 15 at a point 373 feet west of the east line of said NW '/ NW '/4; thence westerly in said south line 15.29 feet; thence northerly to a point in the south line of the north 987 feet of said NW '/4 NW '/4, 391.00 feet west of the east line thereof; thence westerly in said south line 44 feet; thence northerly 176.56 feet to a point which is 60 feet south and 433.60 feet west of the intersection of the east line of said NW '/ NW '/4 and the south line of the north 751 feet thereof; thence westerly 63.28 feet in a line parallel with the south line of said North 751 feet of said NW '/4 NW '/4; thence northerly to a point in the south line of the north 430 feet of said NW '/4 NW '/4, which is 505 feet westerly of the east line of the said NW % NW '/4; thence easterly in said south line 13.73 feet; thence northerly to a point in the south line of the north 339 feet of said NW '/ NW '/4 which is 493.56 feet westerly of the east line of the said NW '/4 NW '/4; thence westerly in said south line 185 feet; thence northerly to a point in the south line of the north 240 feet of said NW '/4 NW '/4 which is 682 feet westerly of the east line of the said NW '/4 NW '/; thence westerly in said south line to a point in the center line of Old Military Road; thence northerly in said center line to a point in the north line of the south 60 feet of said north 240 feet of NW '/4 NW '/4; thence easterly in said north line to a point in the west line of the east 113 feet of said NW '/4 NW '/4; thence southerly in said west line to a point in the said south line of the north 240 feet of said NW '/ NW '/4; PP&D Contracts 9 of 12 06/23/03 OLA Joint Agreement thence easterly in said south line 113 feet to the east line of said NW 14/ NW '/<; thence northerly 240 feet in said east line to the point of beginning. EXCEPT the following described parcels thereof conveyed to Kent School District No. 415 by the United States of America by Quitclaim Deed dated February 1, 1965 described as: The west 120 feet of the north 648.09 feet of the west % of the NE '/< of the NW % of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington; and The south 60 feet, except the east 113 feet thereof, of that portion of the north 240 feet of the NW '/< of the NW '/. of Section 15, TSP 22 N. R 4 E, W.M., King County, Washington, lying easterly of the center line of the Old Military Road, less roads; and That portion of the south 99 feet of the north 339 feet of the NW '/< of the NW '/ of Section 15, TSP 22N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 497.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 493.56 feet west of the southeast corner; and That portion of the south 99 feet of the north 438 feet of the NW '/ of the NW '/. of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 493.56 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 491.27 feet west of the southeast corner; and That portion of the south 1.00 acre of the north 480 feet of the NW '/ of the NW '/ of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 505.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 503.79 feet west of the southeast corner; and That portion of the south 65 feet of the north 545 feet of the NW % of the NW % of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 503.79 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 502.12 feet west of the southeast comer; and That portion of the south 103 feet of the north 648 feet of the NW % of the NW '/ of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as that part lying easterly of a line beginning at a point in the north line thereof which is 502.12 feet west of the PP&D Contracts 10 of 12 06/23/03 OLA Joint Agreement northeast corner and running thence southeasterly to the south line thereof at a point which is 499.50 feet west of the southeast corner; and That portion of the south 99 feet of the north 339 feet of the NW '/. of the NW '/4 of Section 15, TSP 22 N, R 4 E, W.M., King County, Washington, lying easterly of the center line of Old Military Road, said parcel being described as the westerly 185.00 feet of the part lying easterly of a line beginning at a point in the north line thereof which is 682.00 feet west of the northeast corner and running thence southeasterly to the south line thereof at a point which is 678.56 feet west of the southeast corner. TOGETHER WITH all right, title and interest the United States of America may have in the banks, beds and waters of any streams or lakes opposite to or bordering upon said lands, and in any alleys, roads, streets, ways, strips, gores, railroad rights of way and irrigation ditch or canal rights of way crossing, abutting or adjoining said lands and in any means of ingress or egress appurtenant to said lands. TOGETHER WITH the right of joint use of existing roads over a parcel of land described in Quitclaim Deed dated February 1, 1965 from United States of America to Kent School District No. 415. TOGETHER WITH Government-owned improvements located thereon. SUBJECT TO: Reservations in the United States Patent and to Existing easements for public streets, alleys, roads and highways, public utilities, railroads and pipelines. Reservations of roadway easement over that portion of parcel adjoining Old Logging Road contained in Deed dated January 23, 1951, executed by the Midway Corporation, a Washington Corporation, to Edgar Allen, a single man recorded January 26, 1951, under Auditor's Field No. 4103463, records of King County, Washington. Easement for electric transmission line granted by instrument dated January 27, 1955, executed by Midway Corporation, a Washington Corporation to Puget Sound Power and Light Company, a Massachusetts Corporation, recorded January 31, 1955 under Auditor's File No. 4534889 records of King County, Washington. Easement No. DA(s) 45-108-eng-771 dated June 4, 1962 from Department of the Army to the State of Washington, State Highway Commission for a buried drainage pipeline across the access road. All easements, liens, reservations, exceptions or interests of record or now existing on the premises above described. 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I154 w] '--•n®,00: Quit S r •.��� ' M 4 ,,xaalkkan,on �' ® {"I♦l8 J- ®. .��'"_.�, ... y'9yto i •y eronel/c „ I tl4 e., LIT J.0130. 16LACIs kc, ® 1 \ r I = Construction Co Krnl 11.gKlond3 3£ 0 155Ac �a o utAt ,• r•;'• :• Y 90 i 105Ae `:✓ .luk vc o ) C�4q Z303 Oti] 2 '• I 'I 9p -12 ------19 - -- R�'_s EXHIBIT B S Is No s DRAWING OF PARK AREA 5 r Ia a A R Es; N � 15 M 13 _GI"- 'moo