02-102 - King County - Inmate Housing / Jail Services

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1 3 The City will provide wntten notice to the County upon satisfaction of all contingencies under Sections 1 1 and 6.2 of this Agreement and the County shall have sixty (60) days thereafter to deliver a conveyance to the City 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and /or in the deed of conveyance 2.2 The Property will be used as required in Section 12 of the JSA to enable the Cities to meet the final step (occumng on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11 4 of the JSA. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not comply with Section 12 of the JSA and meet the final step of the population reduction schedule as detailed in Sections 11.3 and 11 4 of the JSA, the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold, or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned, or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MAI appraiser selected by mutual agreement of King County and the City of Bellevue, plus investment interest earned. 2.3 Should any disagreement arise between the parties as to the interpretation or application of the terms and provisions of this Agreement, the parties shall first engage in informal dispute resolution between designated City and County staff persons. If those staff persons are unable to resolve the dispute, the matter shall be referred to the City Manager and the County Executive or their respective designees. If the City Manager and the County Executive or designees are unable to resolve the dispute, the matter shall be referred to non- binding mediation. Should the mediation process fail to resolve the dispute, either party may file an action in King County Superior Court. Each party shall bear its own costs and attorney fees incurred in the dispute resolution process. 3. Condition of Property and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 3 1 The County warrants that it has and will deliver marketable title to Parcels A, B -1 and B- 2 The City has inspected and knows the condition of the Property and accepts the Property AS IS. WHERE IS and WITH ALL FAULTS More specifically, King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of the County is authorized otherwise. Without limitation, the foregoing specifically excludes warranties with respect to the condition of the Property for development and/or use by City, the presence of any Hazardous Matenals, 2