HomeMy WebLinkAbout004901 Contract Ill I II OII
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Kathy Hill, Skagit County Auditor
5/22/2000 Page 1 of 8 1:66:61 PM
AFTER RECORDING RETURN TO:
SKAGIT COUNTY BOARD OF COMMISSIONERS
700 SO. SECOND STREET, ROOM 202
MOUNT VERNON, WA 98273
DOCUMENT TITLE: INTERLOCAL AGREEMENT BETWEEN SKAGIT COUNTY
AND CITY OF ANACORTES FOR PUBLIC FACILITY
PROJECT FUNDING PURSUANT TO RCW 82.14.370
DATE SIGNED: May 22, 2000
GRANTOR: SKAGIT COUNTY
GRANTEE: CITY OF ANACORTES
COUNTY CONTRACT NO.: 004901
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004901
INTERLOCAL AGREEMENT
BETWEEN SKAGIT COUNTY AND CITY OF ANACORTES
FOR PUBLIC FACILITY PROJECT FUNDING PURSUANT TO RCW 82.14.370
THIS INTERLOCAL AGREEMENT is entered into this WA—day N� '" ?
of
2000 between Skagit County, Washington(the"County") and the City of Anacortes (the"City").
WHEREAS, the County is authorized by RCW 82.14.370 and Laws of 1999,chapter
311 (collectively, the"Act") to impose a sales and use tax not to exceed eight one-hundredths of
one percent(0.08%) for the purpose of financing public facilities in the County(the"Tax"); and
WHEREAS, the County imposed the Tax at the maximum statutory rate pursuant to
Ordinance No. 17478, adopted by the Board of Skagit County Commissioners on June 21, 1999;
and
WHEREAS, the Act authorizes the County to deduct the amount of the Tax from the
amount of tax otherwise required to be collected or paid over to the Department of Revenue
under Chapter 82.08 or 82.12 RCW; and
WHEREAS, the County has relied on the Legislature's express intent that the County
impose the Tax and use it to finance public facilities for not longer than 25 years to promote the
ongoing operation and expansion of business in rural distressed areas, to attract new businesses
to rural distressed areas, to assist in the development of new businesses from within rural
distressed areas, to provide family wage jobs to the citizens of rural distressed areas and to
promote the development of communities of excellence in rural distressed areas; and
WHEREAS, the County has consulted with cities, towns and port districts within the
County regarding the use of Tax proceeds; and
WHEREAS, an advisory committee appointed by the County convened and reviewed 15
project applications for public facility funding, the aggregate sum of which was $ 7,991,087; and
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Kathy Hill, Skagit County Auditor
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Interlocal Agreement—City Industrial Park
Skagit County and City of Anacortes
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004901
WHEREAS, the advisory committee has recommended 8 project applications for
funding totaling$ 4,890,650; and
WHEREAS, the advisory committee has recommended the specific proposal, the"City
Industrial Park"project, of the City described herein for funding totaling$ 85,000; and
WHEREAS, the County and the City,by their respective governing bodies, have
determined that it is in the best interest of each jurisdiction to cooperate in disbursing Tax
proceeds received by the County pursuant to the Act; and
WHEREAS,the County anticipates issuing one or more series of non-voted general
obligation bonds (collectively, the"Bonds") to finance the amount transferred to the City
hereunder; and
WHEREAS, pursuant to the Interlocal Cooperation Act(Chapter 39.34 RCW), the
County and the City are authorized to exercise their powers jointly and thereby maximize their
abilities to provide services and facilities which will best fulfill common needs; and
WHEREAS,the Project is included in the City's comprehensive plan, as adopted by
Ordinance No. 2531 by the City of Anacortes on April 3, 2000.
NOW,THEREFORE, in consideration of the mutual covenants contained herein, the
County and City agree as follows:
AGREEMENT
1. Effective Date/Duration:
This Agreement shall become effective on full execution hereof, and shall expire upon
the completion of the Project: Work on the project shall commence within 30 days of
the effective date of this Agreement and shall be substantially complete within eight
months from the effective date of this Agreement. Upon the termination of this
Agreement, all property acquired by the City with the Bond proceeds shall remain the
City's property, with no obligation to pay the County therefore.
2. Purpose:
The purpose of this Agreement is to formalize a commitment whereby the County will
allocate to the City the sum specified herein, and whereby the City will complete the
Project (as defined below) upon the terms and conditions described herein.
The City will use the grant funds on the"City Industrial Park"project which will extend
a road from"V" Place to 34th Street, including water and stormwater to twelve acres of
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Kathy Hill, Skagit County Auditor
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Interlocal Agreement—City Industrial Park
Skagit County and City of Anacortes
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004901
industrial property. Within this 850 lineal feet of roadway the City will install an eight
inch water line,provide for side water and sewer connections,provide a roadway base,
install curbs,gutters,sidewalk, and stormwater facilities, and pave the road to full City
standards to a forty foot width.
3. Construction:
The City agrees to design,construct and complete the project described herein. The
County shall have no responsibility for the design or construction of said project and the
City shall have the authority to determine its design,construction, location, acquisition of
easements and rights of way, and to enter into partnerships, contracts, or other legal
arrangements with potential investors and/or users thereof to assist in financing and/or
construction and permitting, in the manner allowed by law.
4. Grant Amount/Project Reimbursement/Budget:
The County agrees to grant$85,000 towards the total project cost estimated at$160,000,
representing approximately 53%of the total project cost. Said project is reasonably
expected to be completed on or about December 31, 2000. The City acknowledges that
such amount will be derived from Bond proceeds.
Progress payments submitted by the City to the County for reimbursement of project costs,
shall be based upon progress billings. When required,the County shall upon receipt of
appropriate documentation,reimburse the City,no more often than monthly,through the
County voucher system.
Actual construction costs will be based upon contracts let for public bid pursuant to law.
The City has developed a budget for said project, attached as Exhibit A and incorporated
herein by this reference, will maintain the budget, and will account for all expenditures
made for the project. In consideration of the above described payment from bond
proceeds, the City hereby warrants and guarantees that said project shall be completed as
described herein not withstanding any cost overruns incurred in the course of design or
construction.
5. Financing:
Pursuant to this Agreement, the County has issued or will issue negotiable, limited tax,
general obligation bonds evidencing indebtedness in the principal amount of$8,000,000,
and will sell or has sold said bonds to a bond underwriter. The net proceeds from the sale
of such bonds will be paid into a special fund in the office of the Skagit County
Treasurer, in accordance with and pursuant to the terms of County Ordinance No. 16979.
Thereafter, a portion of such proceeds shall be paid to the City based on progress billings
for reimbursement of cost.
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Kathy Hill, kagi cf u$Auditor
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Interlocal Agreement—City Industrial Park
Skagit County and City of Anacortes
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004901
6. Right to Review:
This contract is subject to review by the State auditor's office. The County or its designee
shall have the right to review and monitor the financial components of this project. Such
review may include,but is not limited to, on-site inspection by County agents or employees,
inspection of all records or other materials, which the County deems pertinent to the
Agreement and its performance. The City shall preserve and maintain all financial records
and records relating to this project under this Agreement for 3 years after contract
termination, and shall make them available for such review, within Skagit County, State of
Washington,upon request.
7. Modifications:
This Agreement may be modified only by the written consent of each party.
8. Defense&Indemnity Agreement:
The City agrees to defend, indemnify and save harmless the County, its appointed and
elected officers and employees, from and against all loss or expense, including but not
limited to judgments, settlements, attorney's fees and costs by reason of any and all claims
and demands upon the County, its elected or appointed officials or employees for damages
because of personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss of
use thereof,whether such injury to persons or damage to property is due to the negligence of
the City, its subcontractors, its elected officers, employees or their agents, except only such
injury or damage as shall have been occasioned by the sole negligence of the County, its
appointed or elected officials or employees. It is further provided that no liability shall
attach to the County by reason of entering into this contract, except as expressly provided
herein.
9. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its
officers, agents and employees, the City expressly waives its immunity under Title 51 of the
Revised Code of Washington,the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this
Agreement extend to any claim brought by or on behalf of any employee of the City. This
waiver is mutually negotiated by the parties to this Agreement.
10. 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 action of 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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Kathy Hill,Skagit County Auditor
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Interlocal Agreement—City Industrial Park
Skagit County and City of Anacortes
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004901
11. No Separate Legal Entity:
It is not the intention that a separate legal entity be established to conduct this cooperative
undertaking. For purposes of RCW 39.34.030(4)(a),the Recipient's Chief
Administrative Officer shall administer the Project.
12 Severability:
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.
13. 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.
14. Entire Agreement:
This written agreement represents the entire Agreement between the parties and supersedes
any prior oral statements,discussions or understandings between the parties.
D
IN WITNESS WHEREOF, the parties have signed this Agreement as of this oc0C
day of Mkt? , 2000.
CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY, WASHINGTON
7/AA— MAIAAA'lf
Dean Maxwell, Mayor arvey Wold , Chairman
C Robert Hart, Commissioner
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City Atto (Ted W. Anderson, Commissioner
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Kathy Hill, Skagit County Auditor
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Interlocal Agreement—City Industrial Park
Skagit County and City of Anacortes
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004901
APPROVED: As to content/
Alicia Huschka, Finance Director
RE: Inde if . • and Insurance
Vince Clay, Risk Mann
APPROVED AS TO FORM:
iAPAWO
Hilary At• Deputy Civil Litigator
ATTEST:
Patti Cham•ers, Clerk of the Board
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Kathy Hill, Skagit County Auditor
5/22/2000 Page 7 of 8 1:66:61 PM
Interlocal Agreement—City Industrial Park
Skagit County and City of Anacortes
Page 7
EXHIBIT A 004901
EXTENSION OF "V" AVENUE TO 34TH STREET
(Amended March, 2000)
CFP PLAN NUMBER T-133 In Prior CFP Plan and Appropriated
In Prior CFP Plan but not Appropriated
New CFP Project X
DESCRIPTION:"V"Avenue Extension
LOCATION: "V"Avenue and 34th Street
JUSTIFICATION: Improve access to Commercial/Industrial parcels in the City Industrial Park.
Project will proceed upon successful grant funding
BENEFITS: Improve access to Commercial/Industrial parcels.
ENVIRONMENTAL IMPACTS: None
PROJECT STATUS: Planning
CHANGES TO PREVIOUSLY APPROVED CFP DESCRIPTION:
�CArt E OSTS .. .: N 000 00'I.:`€ "t002 `t?93'" . 62Utl 4
Land&Right of Way
Design&Engineering 27,000 27,000
Construction 133,000 133,000
Other
Total 160,000 160,000
.� r 2002 - 00$, 22005 TOTAL
.l1NDINbURCES _ .2000 ,'� �Q01_ � 200
General Revenues
Equipment Rental Reserve
Bonds-Voted
County/State/Fed Loans
County/State/Fed Grants 85,000 85,000
City Match 75,000 75,000
Total 160,000 160,000
ANNUAL OPERATIONS AND MAINTENANCE:
Estimated Costs
Estimated Revenues
Anticipated Savings Due to Project
Department Responsible for Operations Public Works
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Kathy Hill, Skagit County Auditor
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