HomeMy WebLinkAboutC20040201 Interlocal Agreement SKAGIT COUNTY
Contract# C20040201
After Recording Return to:
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. 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.
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INTERLOCAL AGREEMENT Skagit County Auditor
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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
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INTERLOCAL AGREEMENT SKAGIT COUNTY
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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:
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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
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