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Home My WebLink AboutIL227 Interlocal Agreement INTERLOCAL COOPERATION ACT AGREEMENT FOR MAINTENANCE AND OPERATION OF RECREATIONAL FACILITIES THIS AGREEMENT ("Agreement") dated this I 1-F day of , 2016, is made and entered into by and the CITY OF ANACORTES, a municipal corporation of the State of Washington ("City"); and ANACORTES SCHOOL DISTRICT NO. 103, a municipal corporation of the State of Washington ("District"), pursuant to the authority of chapter 39.34 RCW and other provisions of the law. RECITALS A. The District owns certain property described on the attached Exhibit A ("Property"). B. The City desires to maintain and operate the Property for recreational purposes. C. It is the mutual intention of the parties to create public recreational opportunities where none would otherwise exist. D. It is, therefore, in the best interest of the District and the City to maintain and utilize said Property exclusively for recreational purposes. AGREEMENT NOW, THEREFORE, for and in consideration of the promises set forth hereafter, the City and the District hereby agree as follows: 1. Lease of Property. The District leases to the City, and the City leases from the District the Property, including the two existing baseball fields, a combination softball/little league field, a multi-use soccer playfield, parking lot(s), fences, toilet facilities, etc. (collectively, "the Facilities"), for the Term. The lease of the Property shall include the right of the City to permit the public to use, without cost or fee of any kind, all of the Facilities located on the Property exclusively for recreational purposes. The City accepts the Property and the Facilities in their "AS IS"condition without any agreements, representations, understandings or obligations on the part of the District to perform any alterations, repairs or improvements. 2. Term. The Term shall commence on January 1, 2016 and expire on the December 31, 2040, unless sooner terminated pursuant to this Agreement. Either party 1 5730592.1 5730592.1 may terminate the Agreement at any time by providing six (6) months prior written notice to the other. 3. Shared Use of the Facilities. The City shall provide the District with first priority to schedule the use of the Facilities for the purpose of supporting the District's physical education and extra -curricular programs. The use of the Facilities by the District and the public shall be subject to the City's procedures and reasonable rules and regulations. The parties shall cooperate in good faith to schedule the District's use of the Facilities in advance to avoid scheduling conflicts. 4. Development of the Property. In addition to the existing Facilities, the City shall be permitted to develop, at its sole cost and expense, the Property with additional outdoor recreational and ancillary facilities, with the prior consent of the District, which shall not be unreasonably withheld, conditioned or delayed. Any improvements and alterations made by either party shall remain on and be surrendered with the Property on expiration or termination of the Term. Any improvements and alterations that remain on the Property upon expiration or termination of the Term shall automatically become the property of the District and title to such improvements and alterations shall automatically pass to the District at such time without any payment therefor by the District to the City. 5. Closure of the Property. The City, in its sole discretion, reserves the right and authority to close the Property and disallow public recreational use. 6. Maintenance of the Property. The City, at its sole cost and expense, shall maintain in good condition and repair the Property. If the City fails to maintain the Property in good condition and repair as required hereunder and if such failure is not cured within ninety (90) days after notice of such failure is given by the District to the City, then the District may, at its option, terminate this Agreement with written notice. 7. Utilities and Services. The City shall be solely responsible for providing the Property and the Facilities with utility services, and the City shall be solely responsible for such utility charges. 8. Compliance with Laws. Each party shall comply with all applicable laws concerning the Property and the Facilities and the use thereof. 9. INDEMNIFICATION: Since the City is solely responsible for maintenance of the property,the City shall protect, defend, indemnify, and hold the DISTRICT harmless from and against any claim for damage, injury cost or liability including reasonable attorney fees, for injuries to persons or property arising from acts or omissions of the CITY, or its employees, 5730592.1 5730592.1 volunteers, agents, contractors or sub -contractors, howsoever caused. The CITY shall be responsible for any damages sustained by its employees, volunteers, contractors or sub -agents to District fixtures and shall provide all repairs/replacements, as appropriate, at no cost to the District. The terms of this Indemnification Clause shall survive the Termination of this Agreement for all matters arising during the term of the Agreement. 10. INDEPENDENT STATUS OF THE CITY AND THE DISTRICT: The parties to this Agreement, in the performance of work pursuant to this Agreement, will be acting in their individual capacities and not as agents, employees, volunteers, partners, joint ventures, or associates of one another. The employees, volunteer, or agents of one party shall not be considered or construed to be the employees, volunteers, or agents of the other party for any purpose whatsoever. 11 INSURANCE REQUIREMENTS: The City and any contractor hired by the City to perform work on any project or provide services for any part of a project shall obtain insurance coverage at that party's or contractor's sole cost, which shall be maintained in full force and effect during the term of this Agreement. The City shall list the District as an additional insured on their policy and maintain minimum coverage consistent with the City's current levels of insurance for recreational properties and general liability. The City's membership in Washington Cities Insurance Authority shall meet the terms set forth in this Section of the parties' Agreement. 12. Notices. All notices or requests required or permitted under this Agreement shall be in writing; shall be personally delivered, delivered by a reputable express delivery service such as Federal Express or UPS, or sent by certified mail, return receipt requested, postage prepaid, and shall be deemed given upon receipt or refusal. All notices or requests shall be sent as follows: The District: kccy-ItA f Cyr--{ �7J N Y�t l b2 LL c I ►k- 5 d' .z,z tj N : { cam..-f The City: o� 6@ Luy4c5 qp�ThP.D. Bby 54_1 Ana_pvft c, PA 9 ZZI A� _Robinc��r1s Rar Ls TIr cf av Either party may change the address to which notices shall be sent by notice to the other party. 13. Severability. In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, 5730592.1 5730',92.1 legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. 14. Waiver. No officer, employee, or agent of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement by either party shall be held to be a waiver of any other or subsequent breach. Failure of either party to enforce any of the provisions of this Agreement or to require performance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part hereof, or the right of either party to hereafter enforce each and every such provision. 15. Integration. This Agreement contains all of the terms and conditions agreed upon by the parties concerning the Property and the Facilities, and the maintenance and operation thereof. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the officials of either party to execute this Agreement. IN WITNESS WHEREOF, the City of Anacortes and the Anacortes School District No. 103 have executed this Agreement by their duly authorized officials pursuant to all requirements of law. Dated as of the date first written above. CITY OF ANACOR S By: Kla261f yor Attest: !)Tnr City Clerk Approved as to form: Da J. S e am, SBA #40530 Assistant City attorney 57305921 5730502.1 ANACORTES SCHOOL DISTRICT 103 By: chool B resident Attest: l .t ja4A-14_, Superintendent Approved asrtedorhool D strict 103 School Board Approved MAR 1 7 2g16 5 5730592.1 5730592.1 STATE OF WASHINGTON ) ss. COUNTY OF 5Kagi ) On this (Oh day of , 2016, before me personally appeared /Auk 4, & i'.Q , to me known to the Yra ��v' of City of Anacortes, the municipal corporation that executed the foregoing'Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute the same instrument. IN WITNESS WHEREOF I have hereunto se my hand and affixed my official seal the day and year first above written. 401 L.k4yI_ �� t`,r`'�b10N�c�;4i,rt� //i, No a Pu lic in and for the State of <u _ •, - residing t vemon AL oc, : z _; My a pointment expires JD -114—/8 14,144 °'19. 0 = Ot K •hrl •lrgi��,vP wAST, Print Name STATE OF WASHINGTON ) ) ss. COUNTY OF Sk ,Q,�n this 17 7' day of AAA , 2016, before me personally appeared .& L , to me known to be theJ'Aer ?rth Jet of Anacortes School District 103,the midnicipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute the same instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Q ,�.,Ap,A.WEL; lh�� Notary Public in and for the State of ba 4. s Afit. + rat, � �c , residing 8 .��L-��, . - •• w My appointment expiresr t 171 letl �.1 "'eta 1.‘G - _ 91114-/4`Aca G~O WAS%• vili‘M‘‘•• 6 730 592.1 30i7'9 2.1 Print Name 7 5730592.1 5730592.1 Exhibit A Beginning at the SW corner of Lot 10 of Block 8 Munks Queen Anne Edition, thence South 496 feet, more or less, to the NW corner Lot 10 Block 12 of Munks Queen Anne Edition, thence West 1,368 feet, more or less, to the NE corner of Lot 1 Block 191 of the Anacortes Original Edition, thence North 592 feet, more or less, to the NE corner of Lot 1 Block 193 of the Anacortes Original Edition, thence East 996 feet, more or less, to the intersection of Allknights Edition and the SE corner of 13th Street ROW, thence South 100 feet, more or less, to the SW corner of the Allknights Edition, thence East 380 feet, more or less, to the point of beginning. 11111+JiC7 0 13THST — , low fATH'ST 15TH.3T !1 F CA 5730592.1 s73os92 1