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HomeMy WebLinkAboutCAG1992-0571 - Original - Kent School District - Scenic Hill Park Cooperative Development Agreement - 01/09/1992 INTERLOCAL COOPERATIVE DEVELOPMENT AGREEMENT ✓fin d�� � This agreement is made this 9 day of , 199-1, between the City of Kent ("the City") , a Washington municipal corporation, and the Kent School District ("the District") , a Washington municipal corporation. 1. PURPOSE. The purpose of this agreement is to reduce to writing an understanding reached by the parties to cooperate in developing facilities which will jointly serve the needs of the parties. The City needs to construct park facilities on a parcel of property owned by the City known as Scenic Hill Park and the District needs additional parking to serve Scenic Hill School located next to the park. The development will include the construction of active park facilities on the site as well as a 55 stall parking area. 2 . AUTHORITY. The City and the District enter into this agreement under the authority of Chapter 39. 34 of the Washington Revised Code, which allows the District and the City to enter into interlocal cooperative agreements. 3 . PROPERTY DESCRIPTION. The property on which this joint development will be located is fully described on Exhibit 1 attached hereto and by this reference incorporated herein as if set forth in full. 4 . DURATION. The agreement shall continue in effect until terminated by the agreement of the parties but subject to the proviso that the District may, at its option, terminate the agreement at any time upon one year's notice, but only in the event that the District determines to stop using the Scenic Hill Elementary School for educational purposes. 5. CONSIDERATION. The mutual benefits gained by the parties in the cost sharing and exchanges of easements as discussed herein. 6. RESPONSIBLE AGENCY. It is understood that the City will be responsible to supervise the planning, designing, engineering and construction to completion of this project. 7 . PARKING LOT CONSTRUCTION. a) Design. The parking lot area shall be designed to comply with the City Code and all other applicable state and federal laws, rules and regulations. The parking lot area shall be understood to include sidewalks, lighting, landscaping, irrigation, drainage and drainage swale located essentially consistent with the site plan, a copy of which is attached hereto marked as Exhibit 2 . The portion of the parking lot area which 1 shall be the District's primary responsibility for the purposes of this agreement is identified as the shaded area on Exhibit 2 . The lighting system shall assure that the sidewalk areas to be used for walking to and from Scenic Hill Elementary to access the parking lot will be adequately lighted. b) Costs. The District will be responsible for all costs which relate to the design, engineering (to include surveying) , construction (to include administrative and transactional expenses related to project change orders) , and inspection necessary to complete construction of the parking lot area. The parking lot area which is to be paid for by the District appears as the shaded area on attached Exhibit 2. c) Estimated Cost. The current estimated range of cost of the parking lot area construction is $85, 000. 00 to $103 , 000.00. The District's duty will be to pay the actual amount due to the successful bidder for the work involved in constructing the parking lot area. d) Review of Design Documents. The District will be invited at appropriate times by the design team to review the drawings for the parking lot area and will have the right to approve the final construction drawings and specifications prior to proceeding into the bidding phase of the project. e) Separate Bid. The design team shall structure its work so that the portion of the project to be paid for by the District must be broken-out by the bidders and bid as a separate item. f) Separate Records. The Construction contract will require that the work to be paid for by the District will be accounted for separately so that the District may readily review the data necessary to authenticate and back-up any progress payment submittal. g) Matching Funds. The City is applying to the State of Washington for a matching fund grant to be applied toward the cost of construction of the improvements to the Scenic Hill Park area. It is understood that the parties intend to proceed with the development of the parking lot area in any event whether matching funds are allotted or not. h) Payment Commitment. The District does hereby commit to deposit with the City the sum of One Hundred Thousand Dollars ($100, 000. 00) in the event that such a deposit is necessary to qualify for the matching fund grant. The District shall have thirty (30) days after notice from the City to tender the deposit. The deposit will not be requested by the City until it is actually necessary in order to satisfy the State matching fund requirements. It is agreed that the deposit, once delivered to the City, will be held by the City to be applied toward the District' s obligation 2 under this agreement. If for any reason, the City is unable to commence construction of the parking lot area by January 1, 1993 , this deposit shall, upon written request by the District, be refunded to the District within fifteen (15) days. 8. INSURANCE. The parties will cooperate to work-out through their respective insurance counselors appropriate insurance coverage for the risks arising out of this relationship. This insurance shall at the minimum include comprehensive general liability coverage during construction as well as throughout the period that the joint use continues. As part of arranging the coverage, it shall be provided that the City will add the District's name as an named insured to the City coverage and the District shall likewise add the City to their policy in the same fashion. a) Area and Time of Coverage. The District's policy need only provide coverage for claims which arise out of the parking lot area. The actual area which shall be included within the School District' s insurance coverage appears as the shaded area on attached Exhibit 2. The District's duty to maintain coverage shall only extend to those periods of the year when Scenic Hill Elementary is open and being used for any school purpose. b) Limits. The limits shall be agreed upon by the parties but shall in no event be less than 1 million dollars ($1, 000, 000. 00) for each occurrence and 2 millions dollars ($2, 000, 000. 00) in the aggregate. c) Lapse Notice. The policies shall include an endorsement assuring that not less than 30 days written notice will be given to the parties to this agreement prior to any lapse occurring. 9 . INDEMNITY. Each party does hereby agree to indemnify and hold the other harmless against all claims arising out of the negligence of the other. This duty to indemnify is understood to include the duty to pay all attorneys fees incurred by the party to be indemnified if it is required to defend itself against any such claim. 10. MAINTENANCE. a) Day to Day Clean-up. Kent School District shall be responsible on a year around basis for the on going clean-up of the parking lot. b) Sealing-Resurfacing-Striping-Repairs-Lighting. The parties shall share these costs equally. The parties will work- out the timing of such repairs. However, the actual work itself shall be done by the City and the City shall invoice the District for their 50% share of such work. The invoice shall include a breakdown as to time involved, hourly rate of workmen involved, 3 equipment used and hourly rate for such equipment, and material involved at actual cost. A schedule reflecting an acceptable range of hourly rates or, if appropriate, a per job fixed figure shall be worked out between the parties from time to time for charging- out to the District such work. The City shall, at it' s expense, replace bulbs and pay the cost of electricity for lights and electrical outlets 11. PARKING LOT AREA. It is understood that all references to the parking lot area in this agreement shall be understood to mean the area which is shaded-in on Exhibit 2 attached. The District's duties with respect to this agreement are limited to that area. 12 . DESIGNATED REPRESENTATIVES. The parties to this agreement may from time to time appoint or reappoint a representative to act for them in the management of this agreement. However, pending such appointments it is agreed that the District will be represented by either the Director of Maintenance and Operations or his designee. The City will be represented by either the Director of Parks and Recreation or his designee. It shall be the responsibility of these two representatives respectively to mutually work-out all matters that need to be attended to and resolved during the duration of this agreement for the sharing of and prudent operation of the parking lot area. Differences between the designated representatives shall be resolved by submitting any such disagreement for mediation or binding arbitration as provided herein. 13 . FINANCING. The parties to this agreement will finance the costs of this project as well as the on going maintenance and repair costs out of funds which will be budgeted annually for this purpose. 14 . EASEMENTS. The parties shall grant to each other the following easements: a) To the District. The City shall grant a permanent easement by separate document to the District to assure ingress and egress to the District and its employees, agents, patrons and invitees to and from the parking lot area. The City shall also grant an additional permanent easement by separate recorded document to the District over the area along the southwest corner of the Scenic Hill Park property over which the District has been accessing into the Scenic Hill Elementary for many years. These easements, once signed, will be attached to and become a part of this document, identified as Exhibit 3 , after the work is complete and the exact location of the easements can be determined. b) To the City. The District shall grant a permanent easement by separate document to the City to allow the City's employees, agents, patrons and invitees the use of a portion of the 4 north perimeter of the District' s property to assure convenient ingress and egress to and from the parking lot area. This easement will be attached to and become a part of this document, identified as Exhibit 4, after the work is complete and the exact location of this easement can be identified. c) Recording. The easements shall be recorded upon completion. 15. MEDIATION-ARBITRATION. In the event any dispute arises between the parties, either party may request in writing that the issue in dispute be resolved by Mediation and, if necessary, binding Arbitration. In the event the matter cannot be resolved by the mediation process then it shall go promptly to binding Arbitration with no right of appeal. The ruling of the Arbitrator may be reduced to writing and entered as a judgment in the records of King County Superior Court. The Arbitrator shall award to the prevailing party reasonable attorneys fees to include the fees, if any, incurred in preparing for and attending the mediation process. Ke t` Sc,/hool District #415 City of nt BY: ' I BY. D�ted: _ �' ���/ Dated: I L State of Washington County of King I certify that I know or have satisfactory evidence that is the p Kpon who appeared before me, and said person acknowledged that (he/she signed this instrument, on oath stated that J e/she was aut orized to executed the instrument and acknowledged Pf as the M (4qo�-' of KetilT to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOMRY PUBLIC in and for the State of Washington My appointment expires il-dc --93 5 State of Washington County of King I ertifyy that I know or have satisfactory evidence that Ge,-�/oICfj. ! ,-7 /r/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 executed the instrument and acknowledged it as the f Jy s.-,;,�e..1�o - A'J'2 :± / to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 9 (�z NOTARY PUBLIC in and for the State of Washington My appointment expires y- 6 A EXHIBIT 1 SCENIC HILL PARK THAT PORTION OF THE NE 1/4 OF NE 1/4 OF SECTION 30, TOWNSHIP 22, RANGE 5, E.W.M. LYING WESTERLY OF WOODLAND WAY AND SOUTHERLY OF A LINE WHICH LINE BEGINS 289.96 FEET NORTH OF THE S.W. CORNER OF SAID SUBDIVISION THENCE NORTH 55*5411311 E IN A STRAIGHT LINE TO A POINT ON THE WESTERLY MARGIN OF SAID WAY AND THE TERMINUS OF SAID LINE. I � \ U� INA �9ST11 VE. S. 1< r. xA d E om MAO sn \=O nn 1 r c r o0 Cat/ r i m O U ✓ (((( J S[' m C ) "mgz 'a a 00 / za C !O=o Gn h Ily I �r i Imll rS ��o t ju Ii In � IF