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Home My WebLink About004907 Contract 1 r V'411 1111111111111 2 0 0 0 '2 • Kathy 11111, •git County Auditor 6/22/2000 - •ge 1 of S 1:67:16PM limp6TIM I AFTER RECORDING RETURN TO: Kathy Hill, Skagit County Auditor SKAGIT COUNTY BOARD OF COMMISSIONERS 6/1/2000 Page 1 of 8 9:62:08AM 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.: 004907 • , • 004907 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 Qa—day of KAti 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., d-- 1411109 I II Kathy Hill, aglt ounty Auditor 6/22/2000 P ge 2 of 8 1:67:16PM Interlocal Agreement—South March Point Road Upgrade Skagit County and City of Anacortes Page 2 004907 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"South March Point Road Upgrade"project, of the City described herein for funding totaling$ 900,000; 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. 2527 by the City of Anacortes on February 22, 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 nine 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. z a o C „ty Auditor Kathy H[II, Ska 1:67:16PM 6/22/2000 Pag 3 of Interlocal Agreement—South March Point Road Upgrade Skagit County and City of Anacortes Page 3 • 004907 The City will use the grant funds on the"South March Point Road Upgrade project consisting of road improvements to the South March Point Road which will be widened and upgraded between Thompson Road and East March Point Road to allow planned • industrial expansion to occur along the road frontage. Within this 5,600 lineal feet of roadway the City will install a 12 inch sewer line and a 36 inch water line,provide side water and sewer stub-outs, add fire hydrants, install connections to a sewer pump station, provide a new roadway base, stormwater improvements, and repave the road to a minimum width of 28 feet; the current width is 18 feet. 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$900,000 towards the total project cost estimated at $1,780,000, representing approximately 51%of the total project cost. Said project is reasonably expected to be completed on or about June 30, 2001. 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. • lI1jIi1I, i � Z 9 Kathy Hill, agi County Auditor 16PM 512212000 Payde 4 . B • . • Interlocal Agreement South March Point Road Upgrade Skagit County and City of Anacortes Page 4 004907 Thereafter, a portion of such proceeds shall be paid to the City based on progress billings for reimbursement of cost. 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. 1(2/82t0h10y0H PIIIIIIe of 8 Skagit°11111 u ty A d:61 o:fr 6 p m /2 . Interlocal Agreement—South March Point Road Upgrade Skagit County and City of Anacortes . Page 5 004907 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. 3a IN WITNESS WHEREOF, the parties have signed this Agreement as of this day of IYM , 2000. CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS SKAGI COUNTY, WASHINGTON -7/S.../-et, JA__Lisie , _...c_..—._........— Dean Maxwell,May Harvey Wolde ,,Chairman ,C..../jz---Ze--,-,-, ".7L--,-------- k Robert Hart,Commissioner 1 al City Attorney Ted W. Anderson, Commissioner spi ,:,0p Kathy Hill,Sk ;It ,,unty Auditor 512212000 Page 6 of 1:67:15PM • Interlocal Agreement—South March Point Road Upgrade Skagit County and City of Anacortes Page 6 004907 • APPROVED: As to content Q Alicia Huschka, Finance Director • Inderrmificatio d nsurance �r Vince Clay, Risk M ger APPROVED AS TO FORM: 4114014, Hilary Th ,Deputy Civil Litigator ATTEST: Oakrkt.Alitj/ Patti Charmers, Clerk of the Board Kathy Hill, Ska• County Auditor 612212000 Page 7 •f 8 1:67:16PM Interlocal Agreement—South March Point Road Upgrade Skagit County and City of Anacortes Page 7 EXHIBIT A 004907 SOUTH MARCH POINT ROAD WIDENING (Amended March, 2000) CFP PLAN NUMBER T-122 In Prior CFP Plan and Appropriated In Prior CFP Plan but not Appropriated New CFP Project X DESCRIPTION: South March Point Road Widening LOCATION: Thompson Road to East Marches Point Road JUSTIFICATION: Narrow roadway. Improve safety and access to Commercial/Industrial parcels in March's Point area. Project will proceed upon successful grant funding BENEFITS: Improve safety and access to Commercial/Industrial parcels. ENVIRONMENTAL IMPACTS: None PROJECT STATUS: Planning CHANGES TO PREVIOUSLY APPROVED CFP DESCRIPTION: WritrOlt 4,71:vt"494 41: Ont LOW ea0O17. :MOM OTAli Land&Right of Way Design&Engineering 50,000 50,000 • Construction 1,730,000 1.730,000 Other Total 1,780,000 1,780,000 fLIUNIMMOW;1;Z • fL WtOtiti MOM 1•° mom TA General Revenues Equipment Rental Reserve Bonds-Voted County/State/Fed Loans County/State/Fed Grants 900,000 900,000 City Match 880,000 880,000 Total 1,780,000 1,780,000 ANNUAL OPERATIONS AND MAINTENANCE: Estimated Costs Estimated Revenues Anticipated Savings Due to Project Department Responsible for Operations Public Works ' 101 itattlY 141", '"' f 8 1167. 2 ° gountY st2212000 p to 8 Auditor