HomeMy WebLinkAboutIL273 Interlocal Agreement ) ORIGINAL
INTERLOCAL AGREEMENT
WHEREAS, the PORT OF ANACORTES, hereinafter referred to as
the "Port" , and the CITY OF ANACORTES, hereinafter referred to as
the "City" , are both municipal corporations of the State of
Washington; and
WHEREAS, both parties are of the belief that upon provision
being made for completion by the Port of three City blocks of
street access improvements anticipated by Shoreline Permit No.
80-R, that the City of Anacortes Planning Commission will
formally accept as completed all of the conditions of Shoreline
Permit No. 80-R; provided, said street access improvements are
constructed. to full City standards and are completed by October
22 , 1989 ; and
WHEREAS, both parties agree that it is currently impossible
to identify which three City blocks the Port shall improve to
best enhance street access to the Port ' s Cap Sante Marina area;
and
WHEREAS, both municipalities desire to commit to the
proposition of achieving mutuality of benefit by cooperation;
NOW, THEREFORE, for and in consideration of the mutuality of
benefit, conditions and considerations herein contained, the Port
and City hereby agree in accordance with the INTERLOCAL
COOPERATION ACT, RCW 39.34 et seq. , to that which is hereinafter
set forth:
1. In order to best enhance street access to the Port ' s Cap
Sante Marina area, the Port shall construct three City blocks of
street improvements to full City standards by October 22 , 1989 ,
the location( s) of which shall be determined by mutual agreement
between the Port and City, said determination to be made by both
parties practicing their best efforts at good planning and
proceeding in good faith.
2. It is understood and agreed that "full City standards"
as hereinabove referenced are as illustrated on attached Exhibit
"A" and as defined as follows:
a) street paving up to a width of 44 ' ,
b) curbs & gutter,
c) sidewalks,
d) storm sewers,
e) street lighting,
f) traffic control signs & street name signs
g) pavement markings
h) street monumentation.
It is recognized that the exact location of the
three( 3 ) City blocks of street improvements to be constructed is
ty Y
unknown at this time and, therefore, the extent of offsite
improvements , if any, are, also, unknown at this time. It is,
therefore, understood and agreed that every effort will be made
by the Port and the City to minimize the impact of offsite
improvements to both parties taking into consideration good
planning and the definition of "full City standards" . The Port
will agree to pay up to a maximum of $10, 000 for utility
extensions and/or connections.
3 . Both municipalities shall timely undertake the
appropriate procedural steps required by each to implement this
Interlocal Agreement, including the identification of the
undersigned as the individuals responsible for administering this
joint and cooperative undertaking.
4. It is understood and agreed that this Interlocal
Agreement shall run until October 22, 1989 unless automatically
terminated beforehand on account of completion of street
improvements by the Port herein referenced, or breach of this
Agreement by either the Port or City.
5. In the event that the Port and the City have not
determined where to locate the street improvements herein
referenced by July 1, 1988, such determination shall be by
arbitration. Each party shall by July 10 , 1988 appoint an
arbitrator and give written notice to the other party of said
appointment. Each arbitrator shall have at least a B.S. degree
in Engineering, have at least five ( 5) years of continuous
experience in urban planning and/or transportation engineering,
and be experienced in arbitration proceedings. By July 20, 1988,
the two arbitrators so appointed shall select a third arbitrator
with similar qualifications. The cost of securing the services
of each arbitrator selected by a party shall be borne by said
party and the cost of securing the services of the third
arbitrator shall be borne one-half by the Port and one-half by
the City, and each party shall separately pay for its own
attorney' s fee and expenses. If either party fails to appoint an
arbitrator by the July 10th deadline, or if the two arbitrators
appointed by the parties cannot agree on the third arbitrator by
the July 20th deadline, either party may petition the presiding
Judge of the Superior Court for Skagit County to appoint either
one or two arbitrators, so that an arbitration board consisting
of three (3 ) arbitrators can make the determination as to the
location of the street improvements herein referenced. The
arbitration shall be conducted and the decision of the
arbitrators shall be rendered within ten (10) days of the
appointment of the third arbitrator. Unless the parties agree
otherwise, the arbitration shall be conducted pursuant to the
rules then pertaining of the American Arbitration Association.
The decision of a majority of the arbitrators shall be binding on
the parties and a judgment on the decision of the arbitrators may
be obtained in any court having jurisdiction.
6. If either party is rendered unable, wholly or in .part,
by Force Majeure or any other cause of any kind not reasonably
, 4
STATE OF WASHINGTON)
)SS
COUNTY OF SKAGIT )
71
On this 41 day ofd7Elle4:PAL , 1986 , personally
appeared JOSEPH E. BAIER, to me known to be the Executive
Director of the PORT OF ANACORTES, a municipal corporation, the
corporation that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
.mentioned, and on oath stated that he was duly authorized to
execute the same and that the seal affixed is the corporate seal
of said corporation.
In , witness whereof I have hereunto set my hand and official
seal the day and year first above Vritten.
Notary Public in and for the St e of
(SEAL) Washington, residing in Anacortes.
My appointment expires eAXIV/h,
STATE OF WASHINGTON)
)SS
COUNTY OF SKAGIT )
On this P.,k/A74 day of 44/,, , 1986, personally
appeared JAMES ICE, to me known to be the Mayor of the CITY OF
ANACORTES, a municipal corporation, the corporation that executed
the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on
oath stated that he was duly authorized to execute the same and
that the seal affixed is the corporate seal of said corporation.
In witness whereof I have hereunto set my hand and official
seal the day and year first above written.
Not y (iblic in and for the State
-(ZEAL) of Washington, residing at
Anacortes .
My appointment expires 7.5