The URL can be used to link to this page

Home My WebLink AboutCAG1996-0367 - Original - King County Fire Protection District No. 37 - Station 72 Quit Claim Deed Transfer of Assets - 11/07/1996 It } NG Co S KING COUNTY FIRE PROTECTION DISTRICT NO-37 II j,,f''/� f 24611 116th Avenue S.E. GIST 31 Kent, Washington 98031 Phone: 859-3322 COMMISSIONERS: FIRE CHIEF: Norman G Angelo AGREEMENT FOR TRANSFER OF ASSETS This Agreement is entered into between KING COUNTY FIRE PROTECTION DISTRICT NO 37, a municipal corporation, referred to as "District", and THE CITY OF KENT, a municipal corporation, referred to as "City" The District and the City have previously entered into an Agreement under which the City provides Fire Department Services to the District The Agreement also addresses possible annexations of District areas by the City The purpose of this agreement is to provide for the transfer of a portion of the assets of the District to the City resulting from completed annexations of District areas by the City To carry out the purposes of this agreement and in consideration of the benefits to be received by each party, it is agreed as follows 1 Asset Transfer Valuation The parties agree that the asset transfer requirements of RCW 35 A 14 400 resulting from the annexation by the City shall be implemented The percentage of District No 37 assets to be transferred shall be 21 88% (1996 AV of District No 37 = $2,603,780,908 1996 AV of area removed from District No 37 by annexation= $569,578,011 AV of area —AV of District = $21 88%) The parties agree that the fair market value of the assets owned by District No 37 and to be transferred to the City equals $1,094,264 71 The value of the assets required to be transferred is $926,146 14 resulting in a difference of$168,118 57 2 Assets to be Transferred. The parties agree that the assets to be transferred are the following 21 Real Property/Personal Property Station No 72 located at 25620 140th Avenue SE Station 72 is transferred with all of the associated furniture and equipment assigned to the station FIRE PREVENTION DOESN'T COST—IT PAYS. T Le 22 Vehicles 1995 Road Rescue Ambulance (VIN 1FDKF38F8SEA26879) 1981 GMC Van(VIN 2GDHG31MXB4507894) 1989 Pierce Lance 8V-92TA Pumper(VIN 1P9CT02J4KA040806) 1986 Piece Tanker 9VIN 1P9CT01JPGA040163) 3. Station No. 72. The parties recognize that the station must be available to serve areas currently remaining in District No 37 within the statton service area It is the intent of the parties in the asset transfer and in the event of future annexaitons of all or part of the statton area by the City to insure that the station is available to the service provider 4 Apparatus Replacement. The parties agree that the transfer of the vehicles will include a commitment by the City to maintain the quality of apparatus and the replacement based upon the replacement schedule adopted by the City and District at the time of this transfer 5 Inspection. The City acknowledges that it has had the opportunity to inspect the vehicles and accepts the vehicles in their present condition 6 State and Federal Standards. The City acknowledges that it has been advised by the District that the vehiles may not meet the current standards established by State and Federal regulations 7. Warranty Disclaimer. The District, since it is not the manufacturer of the vehicles nor an agent of the manufacturer, makes no warranty or representation, express or implied, regarding the fitness, quality, design, condition, capacity, suitability, or performance of the vehicles or of the materials or workmanship of the vehicles and is not responsible for any repairs, service or defects in the vehicles or the operation of the vehicles It is agreed that all such risks are to be born by the City at its sole risk and expense, since the City has accepted the vehicles based on its own judgement The City, therefore shall not make any claim against the District for any deficiency of the vehicles nor for any consequential damages resulting from the use of the vehicles 8 Real Property Disclaimer. The District, makes not warranty nor representaiton, express or implied, regarding the compliance of the building located on the real property with current building codes or the fitness, quality, design, condition, capacity, suitability, or construction of the building or of the materials or workmanslup used in the construction of the building The City, therefore, shall not make any claim against the District for any deficiency in the building nor for any consequential damages resulting from the use of the building 9 Time of Transfer. The transfer of the real and personal properties listed above shall be made on execution of this Agreement 10 Payment by City to District. As stated in paragraph 1, the transfer of the assets results in an obligation on the part of the City to pay to the Distrct the sum of$168,118 57 The District and the City agree to negotiate settlement of the obligation by either crediting the amount against future asset transfers that may be required as a result of future annexations by the City or by negotiating a payment schedule Dated KING COUNTY FIRE PROTECTION CITY OF KENT ISTRICT NO 37 By By ay or, City of Kent oard o tsstoners By 10&,, , Z,, By �\ -9Epur( City Clerk, City of Kent Secretary Approved as to form By City ney P • Filed for Record at Request of King County Fire Protection District#37 24611 116th Avenue SE Kent WA 98031 QUIT CLAIM DEED The GRANTOR King County Fire Protection District No 37, a municipal corporation, for and in consideration of compliance with statutory asset transfer requirements, conveys and quit claims to the City of Kent, a municipal corporation, the following described real estate, situated in the County of King, State of Washington including any interest therein which grantor may hereafter acquire The South 200 feet of the West 220 feet of the North 326 feet of the N W 1/4 of the N E 1/4 of Section 27,Townslup 22 N,Range 5 E,W M, EXCEPT the South 70 feet of the West 130 feet thereof, + Addendum to Agreement for Transfer of Assets This Addendum modifies the Agreement entered into between King County Fire Protection District No. 37 and the City of Kent dated November 7, 1996. Paragraph 10 is amended to read as follows: Payment to City by District. As stated in paragraph 1, the transfer of the assets results in an obligation on the part of the City to pay to the District the sum of $168,118.57. The amount, together with interest at the rate of 6.113% per annum, shall be credited against the amount of future assets which will be required to be transferred from the District to the City as the result of the Meridian Valley annexation if it is approved. In the event the annexation shall not be completed within one year of the date of the Agreement, the District and the City shall negotiate a payment schedule to provide for payment of the principal amount and accrued interest. Dated: / �� i e7 NTY FIRE PROTICTION CITY OF DIS T NO 37 f` By: By: yor, City of Kent ir, Board o ommissioners By: By: City ler Se etary Ap asp - 1 ty Attorney = - KG37K11/13/%-Kent-add 1 L � �kNG CO KING COUNTY FIRE PROTECTION DISTRICT NO.37 24611 116th Avenue S.E. N, M , o1ST 3 9, Kent, Washington 98031 Phone: 859-3322 COMMISSIONERS: FIRE CHIEF: Robert W. Kitto Norman Angelo E.L. Purdy Jack H. Brandon October 21, 1996 Mayor Jim White City of Kent 220 4th Avenue So. Kent, WA 98032 Dear Mayor White: Through a positive and mutually beneficial process, our public agencies have reached an agreement as to the transfer of assets related to the Meridian Annexation Both of our legislative bodies have approved the agreement The Kent City Council on October 1, 1996 and the Commissioners of King County Fire District #37 on October 9th, 1996 Per that agreement, 21.88% of the Fire District's net assets will be transferred effective October 28, 1996 The assets shall include Station 72, all of its assigned furniture, tools, radios, hose, breathing apparatus, etc. It shall also include Apparatus 729, 714, 752 and 763. Per our agreement, the City agrees to continue the quality commitment the Fire District has made to the facility maintenance and replacement of the apparatus through the maintenance and replacement funds or other methods acceptable to the City In our discussions, it was implicit that we would both continue the cooperative delivery of quality service regardless of ownership of the facilities. As you are aware, the value of the assets transferred exceeds the assets we are required to transfer. $168,118 57 is due to the Fire District from the City Per our agreement, we will allow the City to place that amount plus interest due the Fire District on account to be credited against the pending potential annexation of "Meridian Valley" area If the "Meridian Valley" annexation does not go through and a respective transfer of assets does not take place before December 31, 1997, the City will pay the Fire District all monies and interest due The interest rate to be applied will be the average interest rate that funds would have earned if they were interested the Fire District's County investment pool until the agreed upon time for transfer of the respective asset transfer. In the month prior to our agreement, the return from the County Pool was 6.1133%. FIRE PREVENTION DOESN'T COST—IT PAYS. r Mayor Jim White October 21, 1996 Page 2 We will have our attorney draw up a draft agreement and begin the process of transferring the Grant Deeds and apparatus titles to the City. This process may take 60 to 90 days to complete We appreciate the professional handling of this issue to the mutual benefit of all the citizens in both of our fire protection areas. Smcer , - t- �� — -- - - - - - - Robert W Kit o, Chairman King County Fire Protection District #37 Board of Commissioners 24611 116th Avenue SE Kent, WA 98031 (206) 859-3322 Fax (206) 859-3281 tcn