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HomeMy WebLinkAboutIL032 Interlocal Agreement INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into this / f day of ek,, -v , 2005, by and between the Port of Anacortes, a municipal corporation (hereinafter referred to as "Port") and the City of Anacortes, a Washington city (hereinafter referred to as the "City"). WHEREAS, the Port and the City own adjacent parcels of real property, as identified in Port Resolution 1122 and the exhibits thereto (collectively, the "Property"); WHEREAS, the Port has authorized the transfer of approximately 83,196 square feet of that property belonging to the Port and commonly known as the "Depot Property", which is to be exchanged for certain City property and street vacations; WHEREAS, the Port would normally commit resources to planning of the property that is to be transferred to the City; WHEREAS, the Port and the City have determined that, for purposes of governmental efficiency, the City will undertake the planning for all of the Property; WHEREAS, the Port has, pursuant to Resolution 1122, as modified by unanimous Commission action taken on May 10, 2005 (collectively, the "Authorization"), authorized providing the City a one-time payment to reimburse the City for a portion of the cost of planning of the Property; and WHEREAS, the parties hereto (the "Agencies") desire to enter into an interlocal cooperation agreement pursuant to Chapter 39.34 RCW to memorialize the reimbursement payment. NOW, THEREFORE, the parties agree as follows: 1. Port Payment. The Port, pursuant to the Authorization, will make a one-time payment of$5,000 to the City (the "Port Payment") in reimbursement of a portion of the planning costs incurred by the City in planning for the Property. Payment shall be made by the Port following the City providing the Port with proof that the City has incurred at least $5,000 in planning expenses for the Property. The City shall be responsible for the planning of the Property. The City shall only use the Port Payment for the purposes identified herein. 2. Entire Agreement. The entire agreement between the Parties hereto is contained in this Agreement and the Authorization, which supersede all of the Parties' previous understandings and agreements, written and oral, with respect to this matter. No modification, termination or amendment of this Agreement may be made except by written agreement, duly authorized and executed by all Parties. IN WITNESS WHEREOF, the parties hereto have entered into this agreement on the date set forth above. PORT OF ANACORTES CITY OF ANACORTES '14 4f 704 47'1 Dan Stahl, Executive Director Dean Maxwell, Mayor Approved as to form: Ian Munce, City Attorney r PORT OF ANACORTES Resolution No. 1122 December 16, 2003 A Resolution of the Commission of the Port of Anacortes:(the "Port') authorizing the Executive Director to negotiate and execute an Interlocal Cooperative Agreement for the purpose of transferring approximately 83,196 square feet of surplus Depot property (Exhibit A) to the City of Anacortes ("City'). WHEREAS, the Port owns the Depot property and the Port has determined that +83,196 square feet of the Depot property is no longer needed for Port District purposes; and WHEREAS, the Port has deleted the surplus +83,196 square feet of Depot property from its Comprehensive Plan in order to make it available for sale; and WHEREAS, the City desires to master plan a public area/park with the surplus +83,193 square feet of Depot property from the Port, in order to serve the interests of the community of Anacortes and individual organizations, and to increase public access to open space areas close to the central business district; and WHEREAS, the City had previously executed on October 21, 2002 an Interlocal Agreement with the Port for a portion of the Depot property (5,000 square feet), that conveyed the property in a manner that the property transfer could occur without cost to either the Port or the City, with the exception of the typical title and escrow fees, with the Port receiving credit for the parcel against street vacations or other future property transfers; NOW THEREFORE, BE IT RESOLVED, that the Port shall authorize the Executive Director to negotiate and execute an Interlocal Cooperative Agreement with the City of Anacortes regarding the transfer of the Port's Depot Property (approximately +83,196 square feet) similar in intent to the previously executed Interlocal Agreement referenced. The Interlocal Agreement shall have a provision that reimburses the City of Anacortes in an amount not to exceed S5,000.00 for planning expenses associated with such property. PASSED AND ADOPTED by the Commission in open session on the 16th day of December 2003, and duly authenticated by the signatures of the Commissioners voting in favor thereof. 6%7,1 x� f/tt�" UL. oCAmt--- at D. Mooney, President �— William L. Short, Vice-President 661 ,,,69 y Nive , Secret C.R. Mallary, ommissio,•- Merrill Thibert, Commissioner