HomeMy WebLinkAboutPK09-176 - Original - State of WA Dept of Game - Lake Fenwick Boat Ramp Land Use - 02/01/1980 ecor s M :} =; geme
KENT Document
WASHINGTON
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 City Clerk's Office.
Vendor Name: State of Washington, Dept of Game
Vendor Number:
ID Edwards Number
Contract Number: Prti-,-i1,
This is assigned by City Clerk's Office
Project Name: Lake Fenwick Land Use Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Land Use Agreement
5e-ep
Contract Effective Date: 2-27-80 Termination Date: BI`Mah
Contract Renewal Notice (Days): na
Number of days required notice for termination or renewal or amendment
Contract Manager: L Flemm Department: Parks Department
9 p
Detail: (i.e. address, location, parcel number, tax id, etc.):
Lake Fenwick Boat Ramp
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
• I ,
LAND USE AGREEMENT
- - - - - - - - - - - - - - - -
(LAKE FENWICK)
This agreement, made and entered into this 1st day of February , 1980,
by and between THE STATE OF WASHINGTON, THE DEPARTMENT OF GAME, hereinafter re-
ferred to as "the State", and the CITY OF KENT, WASHINGTON, hereinafter referred
to as "the City",
W I T N E S S E T H
that for and in consideration of the covenants contained herein and the public
benefits to be derived therefrom, the State does hereby permit the City the use
of the following described premises, situated in King County, Washington, to-wit:
That part of the North 60 feet of the South half of the South half
of the Southeast quarter of the Northeast quarter (S;ZS1ZSE4NE)4-) of
Section 27, Township 22 North, Range 4 East W.M. lying Easterly of
the Lake Fenwick County Road, EXCEPT, the following described por-
tion thereof.
Beginning at the intersection of the South line of the North 30
feet of the South half of the South half of the Southeast quarter
of the Northeast quarter (S%ZSljSE14-NE4) of said Section 27 with the
Easterly line of said Lake Fenwick County Road; thence Easterly
along said South line 160.00 feet; thence Southerly at right angles
30 feet to the South line of the North 60 feet of said subdivision;
thence Westerly along said South line to the Easterly line of said
County road; thence Northeasterly along said road line to the point
of beginning.
TOGETHER WITH ALL IMPROVEMENTS OF THE STATE LOCATED THEREON.
SUBJECT TO THE FOLLOWING, MUTUALLY AGREED TERMS AND CONDITIONS:
1. TERM: The term of this agreement shall be twenty-five (25) years , beginning
February 1 , 1980, and ending January 31 , 2005.
2. RENEWAL: At the end of the terra, this agreement shall automatically be re-
newed for another term of twenty-five (25) years and said automatic renewal
shall apply to subsequent terms twenty-five (25) provided neither party
notifies the other in writing of their interest to terminate this agreement
six (6) months in advance of the anniversary date thereof.
3. PURPOSE OF THE AGREEMENT: Since acquisition in 1954, the State has managed
the property as a site for public use for boat launching and vehicle parking.
This agreement grants to the City of Kent the right to use and manage the
premises for this use and other appropriate public uses.
4. RIGHT TO IMPROVE PREMISES: The City shall have the right to improve the pre-
mises and to post signs necessary to guide, direct, and control public uses.
Major alterations and improvements to the land shall be done only upon con-
sultation with and following approval by the State.
5. ASSESSMENTS: The City shall pay all charges for utilities incurred in use
and occupancy of the premises and shall suffer or permit no liens or assess-
ments to attach to the premises.
6. RESTRICTIONS OF USE: The following restrictions of use shall apply:
a. The City may regulate use of the premises by the public except that the
area shall be open during daylight hours for fishermen access. The pre-
mises shall be available to fishermen commencing at midnight on opening
day of the fishing season.
b. The City shall not permit commercial use of any kind on the premises.
c. The City shall charge no fees for access, parking, and/or boat launching a
by the fishermen.
- - Ilik-
Land -Use 4greement (Lakes wick)
rage 2
7. COMPLIANCE - OTHER AGENCIES AND LAWS: The City shall comply with all laws
and all rules and regulations made thereunder by other agencies and govern-
ment jurisdictions pertaining to public safety, health, sanitation, fire,
fire abatement, building codes, and shoreline management. The City shall per-
mit no unlawful acts or activities to be permitted on the premises by its
agents, permittees or licensees.
8. ASSIGNMENT: The City may invite the public to enter upon and use the premises
for purposes herein before provided. Any other assignment of rights and pri-
vileges shall be with written approval of the State. .
9.- SURRENDER OF PREMISES: In the event of cancellation of this agreement by
either party, as herein provided, and at termination of this agreement, the
City shall vacate and deliver up the premises in as good or better condition
as at time of occupancy, reasonable wear and tear and damage by the elements
specifically excepted. Upon cancellation or termination, the City shall have
the right for a period of one year from the date of notice of cancellation or
termination to remove all facilities not permanently attached to the ground
from the premises. Any such facilities not removed by the City at the end of
the removal period become the property of the State without further process.
10. CANCELLATION: This agreement may be cancelled by the State upon ninety (90)
days written notice to the City in the event the City permits a use of the
premises, or a condition to exist on the premises clearly contrary to the
terms of this agreement, and the City fails to correct such use or condition
within thirty (30) days following receipt of said written notice. The City
may cancel this agreement upon thirty (30) days written notice.
11 . MODIFICATION OF AGREEMENT: Minor modifications to this agreement may be
authorized by letter following consultation between the parties and such modi-
fications are justified. In the event that it becomes evident that temporary
closure of the access is in the best interest of the public's safety, health,
or welfare, the CITY OF KENT shall have the right to make such closure as it
deems necessary. Such a closure should be revoked at the earliest possible
time to allow a maximum of public utilization.
12. MAINTENANCE: The City will be responsible for all costs associated with man-
agement and maintenance of the premises as provided in this agreement.
13. ACKNOWLEDGEMENT: The City will credit the State on those signs identifying
the area.
14. LIABILITY: The City will hold the State free and harmless from any and all
claims of liability resulting from public use of the premises to the extent.
provided by law.
IN WITNESS WHEREOF, the parties hereto have taus t is agreement to be executed
as below subscribed.
THE STAT 0 SHINGTON, T E DEPARTMENT OF GAME
�ZCfzr1'. / So BY
Dat a p W. Larson, Director
STATE OF WASHINGTON )
County of
J ss
Subscribed and sworn before me this o77 day of ,u 1980.
Notary Public in and for the State of fi
Washington, residing at - -
CITY OF
B_v �t
Date Isabel K. Hogan, Mayor
STATE OF WASHINGTON )
ss
County of )
Subscribed and s orn before me this / day of " 1979.
Notary Public in and for the to of
Washington, residing at