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HomeMy WebLinkAboutC20040201 Interlocal Agreement SKAGIT COUNTY Contract# C20040201 After Recording Return to: Page 2 of 4 . SKAGIT COUNTY BOARD OF COMMISSIONERS 70o SO. SECOND STREET, ROOM 202 MOUNT VERNON,WA 98273 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND THE CITY OFANACORTES THIS INTERLOCAL AGREEMENT is entered into this 23rd day of December, 2003 between Skagit County, Washington (the "County") and the City of Anacortes, a Washington Municipal Corporation (the "City") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. PURPOSE: The purpose of this agreement shall be to provide partial funding by Skagit County from Real Estate Excise Tax Funds in the amount of $35,000 to the City of Anacortes for the construction of the Thompson Trail, 22nd Street to 34th Street. • RESPONSIBILITIES: Construction of a paved trail that runs from ilth Street in downtown Anacortes across the Fidalgo Bay railroad trestle to March Point Road. The City has completed the trail from 11th Street to 22nd Street with the Q/R Avenue Improvements Project. The City is currently constructing the trail from 22nd Street to 34th Street and designing the remaining trial from 34th Street to March Point Road. The City agrees to design, construct and complete the project described herein. Construction and completion of this project is the sole and entire responsibility of City and in no way obligates or encumbers the County in any form other than contributing partial funding consistent with the terms herein described. This project shall remain in the exclusive ownership and control of the City of Anacortes during and after completion. The County shall assume no obligation for construction, installation, maintenance or control, and shall not be liable in anyway for damages or financial burdens incurred during the course of construction, installation,use or maintenance of the facility. TERM OF AGREEMENT: The term of this Agreement shall be from the date of signing by all required parties through completion of the described project or County fiscal year end of December 31, 2004, which ever occurs first. MANNER OF FINANCING: Total estimated cost to complete the project described is estimated to be $430,000 with County providing partial funding of $35,000 from Real Estate Excise Tax Funds. The remaining $395,000 of necessary funding will be provided in entirety from grants and community funding sources at the discretion of the City. 1111111111111111,11111111111 2 0 0 4 0 5 0 4 0 0 3 3 INTERLOCAL AGREEMENT Skagit County Auditor Page 1 of 3 5/4/2004 Page 2 of 410:42AM County contribution will be forwarded to City on a reimbursement basis upon completion of the project and receipt of a billing statement documenting payment of above outlined expenses in the form of copied bills, available receipts and payment vouchers. (Evidenced Expenditures) ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under or greater than this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. The County's representative shall be Trisha Logue, Budget Administrator. The City's representative shall be Kimberly McKinnon, Project Manager. TREATMENT OF ASSETS AND PROPERTY: No fixed assets, personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees, to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the City or County by reason of entering into this contract except as expressly provided herein. TERMINATION: Any party hereto may terminate this Agreement upon thirty(3o) days notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity • shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are nttaoll,3,1 gl INTERLOCAL AGREEMENT SKAGIT COUNTY Page 2 of 3 Contract # C20040201 • S gi t countyAuditor ik!II otil\510131 3 of 4 10:42AM Page 3 of 4 51412004 Page 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. OTHER PROVISIONS: IN WITNESS WHEREOF, the parties have signed this Agreement as of this (14 day of 1,4A , 2004. CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON 1/44i,7)444A.4 Y/7/0 Dean Maxwell, Mayor ed W. Anderson, Chairman ATTEST: COI it/t- Don Munks, Commissioner '4/1 Jo51 vivKk,,. a. Kimberly McKinnon, Project Manager Kenneth Dahlstedt, Commissioner APPRO : As to cont nt APPROVED: As to content Geor atiz,an, nanc Director Trisha Logue, Budget Administrator APPROVED AS TO FORM: RE: Indemnification and Insurance r/t/r7t- a--- Ian Munce, City Attorney Billie Kadrmas, sk Manager APPROV AS TO FORM: tCii Litir A " T: A.L.A.‘1011:. JoA Giesi7 ht, Clerk of the Board IIIlI II II 11111111 INTERLOCAL AGREEMENT SKAGIT COUNTY 200405040033 Page 3 of 3 Skagit County Auditor Contract # C20040201 5/4/2004 Page 4 of 4 10:42AM Page 4 of 4