HomeMy WebLinkAboutIL170 Interlocal Agreement INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
CITY OF ANACORTES AND ANACORTES SCHOOL DISTRICT
This Interlocal Agreement is entered into this 1`r''day of 0g013 between
the City of Anacortes, a Washington municipal corporation, herein after referred to as
"City" and the Anacortes School District, a Washington municipal corporation,
hereinafter referred to as "ASD #103", pursuant to the authority granted by Chapter 39.34
RCW.
Whereas,the City has started a Community Garden Program with the first one
located at the park at 291 and Q Ave; and
Whereas, ASD #103 is the owner of certain real property in Anacortes located at
Anacortes Middle School, near 22nd Street and M Avenue; and
Whereas, the City is seeking to expand the Community Garden Program with a
new garden located at the Anacortes Middle School; and
Whereas, the Anacortes Middle School Garden would be available to both staff
and students at the school and community members to use in compliance with hours
authorized by ASD #103; and,
Whereas, the garden will provide recreational and opportunities for students, staff
and community members and allow for the growing healthy foods;
Now, therefore, in consideration of the mutual covenants contained herein,the
City and the ASD #103 agree as follows:
AGREEMENT
1. Effective Date/Duration. This Agreement shall become effective on full
execution hereof, and shall expire upon when either party desires to end this particular
partnership.
2. Administration. The below named individuals are designated as the
representatives of the respective parties. The representatives shall be responsible for
administration of this Agreement. In the event a representative is changed, the party
making the change shall notify the other party.
The City's representative shall be:
Jonn Lunsford
Anacortes Parks and Recreation
PO Box 547
Anacortes, WA 98221
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ASD #103's representative shall be:
Kecia Fox
Anacortes Middle School and High School
2200 (?) M Avenue
Anacortes, WA 98221
kfox@asd103.org
All notices mailed by regular post shall be deemed to have been given on the second
business day following date of mailing, if property mailed and addressed.
3. Purpose: The purpose of this Agreement is to formalize an agreement whereby
the City will work with ASD #103 to create a community garden in a location on school
grounds identified by District staff. The garden will be shared by school staff and
students as well as community members. Use by students will occur during the hours of
7:00-2:30 on days school is in session. Use by community members will be anytime
outside of those hours.
4. Construction: The City agrees to assist with the construction necessary to get
irrigation water to the garden. Volunteers may then construct the irrigation infrastructure
within the garden. The City and School will work together on decisions about garden
design within the fenced area.
5. Maintenance: The City will work with District staff, garden members and
volunteers to maintain the garden site including the area within the garden fence and
perimeter beds. ASD #103 will continue to maintain the area outside of the garden and
perimeter beds. The City will pay for irrigation for the garden and supply wood mulch or
gravel as needed for pathway maintenance in the garden. If a port-a-pottee is determined
to be a necessity for the orderly operation of the garden, the City will provide for this
during summer months. As other issues arise, the City and ASD #103 will meet regularly
discuss acceptable solutions.
6. Garden Participant Waiver: Community Garden members shall sign an agreement
when they sign up for a garden plot which will indemnify both the City and ASD #103.
7. Modifications: This Agreement may be modified only by the consent of each
party.
8. Venue and Choice of Law: In the event that any litigation should arise
concerning the construction or interpretation of any of the terms of this Agreement, the
venue of such litigation shall be in the Superior Court of the State of Washington in and for
the County of Skagit. This Agreement shall be governed by the laws of the State of
Washington.
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9. No Separate Legal Entity: No separate legal entity is created hereby, as each of
the parties is contracting in its capacity as a municipal corporation of the State of
Washington.
10. SeverabiIity: If any term or condition of this Agreement or the application thereof
to any person(s)or circumstances is held invalid, such invalidity shall not affect other terms,
conditions or applications which can be given effect without the invalid term, condition or
application. To this end,the terms and conditions of this contract are declared severable.
11. Waiver: Waiver of any breach or condition of this contract shall not be deemed a
waiver of any prior or subsequent breach. No terms or conditions of this contract shall be
held to be waived, modified or deleted except by an instrument, in writing, signed by the
parties hereto.
11. Entire Agreement: This written agreement represents the entire Agreement between
the parties and supersedes any prior oral statements, discussions or understandings between
the parties.
IN WITNESS WHEREOF, the parties have signed this Agreement as of this
' I'" Day of N i 2013.
7C R ES• HOO DISTRICT CITY OF ANACORTES
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ATTEST: 4-48 P
Steven D. Hoglund, City Clerk Treasurer
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