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HomeMy WebLinkAboutIL213 Interlocal Agreement INTERLOCAL AGREEMENT Between Port of Anacortes and City of Anacortes THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the Port of Anacortes (the "Port"), a Washington municipal corporation, and the City of Anacortes (the "City"), a Washington municipal corporation (collectively referred to herein as the "Parties"). WHEREAS, pursuant to RCW 39.34 the Port and City are authorized to execute interlocal agreements for the purpose of providing services and facilities; and WHEREAS, the Port is committed to providing support for marine oriented recreational and educational programs; and WHEREAS, the City Parks and Recreation Department administers and operates marine oriented recreational and educational programs; and WHEREAS, the Port desires to enter into an agreement with the City for the use of Seafarers' Memorial Park for marine oriented recreational and educational programs, including classes, storage, and lay down area; NOW, THEREFORE, the Parties agree as follows: I. Description of Property The property subject to this Agreement includes the south side of the Seafarers' Memorial Park building, the lay down area outside the building. and 8' x 10' storage shed, as depicted in Exhibit "A". The storage shed is located on Northwest Educational Service District's (the "NWESD") property by agreement between the Port and NWESD, and may be moved to another location at the request of NWESD. II. Term of Agreement This Agreement shall be effective upon the appropriate approval and signing of this Interlocal Agreement by the Parties and shall be automatically renewed on an annual basis beginning January 1, 2017. III. Annual Review This Agreement shall be reviewed jointly by the Parties in September of each year. Amendments to the Interlocal Agreement shall be mutually agreed between the Parties prior to January 1 of each year of this Agreement. IV. Disputes Any disputes arising under this Agreement that cannot be resolved by the two respective staffs shall be submitted to a panel consisting of two (2) City Council members and two (2) Port Commissioners for consideration. In the event that the panel cannot come to a consensus, this Agreement may be terminated by either party effective at the end of the calendar year in which the dispute arose. V. Agency Responsibilities A. The CITY shall: 1. Administer marine oriented recreational and educational programs for the public at Seafarers' Memorial Park. Such programs shall not preclude use at any time of Seafarers' Memorial Park by the general public or the Port. To the extent possible, the Port shall give priority to the City Parks and Recreation Department for the use of the south side of the Seafarers' Memorial Park building in conjunction with the scheduled marine oriented recreational and educational programs. 2. Be responsible for submitting program dates for use of the south side of the Seafarers' Memorial Park building in order for scheduling of same to be approved by the Port. 3. Not alter or modify the existing facility or construct or place any permanent or temporary structures on Port property without prior written approval of the Port. 4. Store all materials, equipment and/or supplies in the designated storage shed, and shall be solely responsible for any loss or damage of whatsoever nature, including but not limited to theft. 5. Agree to protect, defend, indemnify and hold the Port, its officers, agents and employees harmless from any and all claims and losses for bodily injury, including death, and/or property damage to the extent such claims or losses arise or result from the Port's negligent performance under this Agreement. 6. Not allow concessionaires or subleases without prior written approval of the Port. 7. In the administering of recreational programs, keep the property and facilities reasonably safe for public use. The City shall notify the Port immediately of any situation that poses a threat to public or facility safety. 8. Operate the programs in accordance with all applicable federal, state, and local laws and regulations, as well as adhere to the rights and responsibilities of the South Harbor Center Covenants, Conditions, Easements, Restrictions and Reservations. 9. Take reasonable steps to prevent trespass onto other adjacent property. 10. Pay to the Port on or before each January 15, April 15, July 15 and October 15 during the term of this agreement 25% of the gross revenues from all programs administered at Seafarers' Memorial Park during the previous calendar quarter. 11. Maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the City's administration of the recreational and educational programs at Seafarers' Memorial Park. These records shall be made available to the Port for audit purposes during regularly scheduled business hours. B. The PORT shall: 1. Schedule all times for use of the Seafarers' Memorial Park building (up to two (2) years in advance) and notify the City Parks and Recreation Department of any scheduling conflicts. Such rental rate, damage deposits and rules of use shall be set by the Port. Any fee for use of the Seafarers' Memorial Park building directly related to the boating programs shall be covered by the fee established for the water oriented recreational and educational programs. 2. Collect all fees charged for any other use of the facility other than what is specified or stipulated in the Agreement per the Port's established rates and charges. 3. Pay all utility costs for the Seafarers' Memorial Park building. These include but are not limited to water, sewer, garbage, gas, and internet services. 4. Agree to protect, defend, indemnify and hold the City, its officers, agents and employees harmless from any and all claims and losses for bodily injury, including death, and/or property damage to the extent such claims or losses arise or result from the City's negligent performance under this Agreement. VI. Damage or Destruction Should the Seafarers' Memorial Park premises or the building or facility of which the premises is a part be damaged by fire, storm or other casualty, the Port reserves the right to terminate this Agreement effective immediately with or without notice to the City. VII. Severability If any term or provision of this Agreement, or its application to any person or circumstance is ruled invalid or unenforceable, the remainder of this Agreement will not be affected and will continue in full force and effect. VIII. Entire Agreement/Amendment This Agreement, together with any documents incorporated by reference shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all prior agreements, proposals, understandings, representations, correspondence or communications. No modification or amendment of the Agreement shall be valid and effective unless evidenced by the agreement in writing. Dated this / 7 day of 4 w, „'a Z 2015 aniel C. Worra Executive Director, Port of Anacortes Dated this � day of 2015 Laurie Gere Mayor, City of An cortes EXHIBIT A •Wit. I 01 "5: 4Y �;°� • r .. b 4 • a, '� y �k • . :. Pad of � 4 a ape