HomeMy WebLinkAbout03-124 - King County / Tukwila et al - Grandview Park Off-Leash Dog Area4
AGREEMENT REGARDING DEVELOPMENT AND OPERATION
OF A GRANDVIEW PARK OFF -LEASH DOG AREA
THIS AGREEMENT is made and entered into, effective as of the date of the last
signature affixed to any counter part hereof, by and between the following Washington
municipal corporations City of Auburn "Auburn"), City of Bunen "Bunen City of
Des Moines "Des Moines City of Federal Way "Federal Way City of Kent
"Kent City of Renton "Renton City of Tukwila "Tukwila City of SeaTac
"SeaTac collectively referred to herein as the "Cities and King County (the
"County The Cities and County may also be referred to herein individually as a
"Party" or collectively as the "Parties"
1 PURPOSE. The Parties have participated as members of an Off -Leash Task
Force for the purpose of promoting and facilitating the development and operation of a
regional off -leash dog area (hereinafter referred to as the "OLA for public use in South
King County at Grandview Park within SeaTac The purpose of this Agreement is to
provide for the said development and operation of the OLA.
2 CONDITION PRECEDENT The Parties acknowledge that the County
holds the deed to Grandview Park, located within the city limits of SeaTac, subject to a
right of reversion to the United States if the property ceases to be used as a public park.
The County has closed the Park to public use due to financial difficulties SeaTac has
declined to accept ownership of the Park due to similar financial difficulties The Park is
now subject to the said reversion unless it be reopened to public park uses Accordingly,
notwithstanding any contrary provision of this Agreement, the same shall not become
effective or enforceable until the County provides a deed placing ownership of the
Grandview Park in SeaTac
The funding and other obligations of this Agreement shall be null and void unless Serve
Our Dog Areas (S O.D.A.), a Washington non profit corporation enters into an agreement
with SeaTac for development and operation of the off -leash dog area at Grandview Park,
generally in the form of the July 11, 2003 draft prepared by SeaTac
3 AUTHORITY This Agreement is entered into by the Cities and the
County pursuant to authority of RCW 39.34 080 which provides that public agencies may
contract among themselves for performance of any governmental activity which each is
authorized by law to perform, such as public parks and park activities.
4 PROPERTY DESCRIPTION The Grandview Park, which is coterminous
with the off -leash dog area, is legally described in Exhibit A, and is depicted on Exhibit
B, attached hereto and incorporated herein by this reference
5 TERM OF AGREEMENT This Agreement shall be effective as of the effective
date of the companion Agreement for Development and Operation of an Off -Leash Dog
Area at Grandview Park as described at Section 2, above This Agreement shall then
Page 1
py
ENT'D SEP 12 2003
continue for the term of twelve (12) months. The Parties hereto shall have the option to
renew this Agreement for a second term of five (5) years, or such other term as may be
identical to the extension or term of a new Agreement between SeaTac and S 0 D.A.
6 FUNDING The Parties hereby promise and agree to provide the cash
contributions itemized on Exhibit C hereto, which is incorporated herein by this
reference Such funds shall be paid by the Parties to Kent which shall be the Parties'
fiscal agent pursuant to Section 9, below
7 LIABILITY The Parties expressly provide that no liability shall attach to any
party by reason of entering into this Agreement, except as expressly provided herein, and
that the benefits and responsibilities provided by this Agreement shall not establish any
special relationship or third -party benefit to any person or entity not a Party to this
Agreement.
8 INDEMNIFICATION Each party agrees to be responsible for any and all
claims, damages, or other liabilities including costs of defense and attorneys' fees arising
out of the acts or omissions of its officers, employees, volunteers, and/or agents in the
performance of the obligations of each party under this Agreement. The provisions of
this Section shall survive the expiration or termination of this Agreement.
9 FISCAL AGENT Kent shall be responsible for accepting, retaining, and
disbursing all of the Parties' funds contributed pursuant to this Agreement. In disbursing
funds to S O.D.A., or directly to vendors and material suppliers, Kent shall coordinate
with SeaTac as to the propriety of such disbursements pursuant to the Agreement
between SeaTac and S O.D.A. and actual improvements contracted or constructed at
Grandview Park.
10 SUPERVISION OF OPERATIONS. SeaTac shall enter into an
Agreement with S O.D.A. for development, operation, and maintenance of the off -leash
dog area at Grandview Park. SeaTac shall also be responsible for oversight and
supervision of all development, operations, and maintenance performed by S O.D.A.
pursuant to the said Agreement and shall, upon request of any Party hereto, provide
written information as to any and all such activities.
11 MAINTENANCE OBLIGATION The Cities hereby agree to each provide a
maximum of sixteen (16) hours of personnel time and sixteen (16) hours of equipment
and tool use for the purpose of necessary maintenance beyond the capabilities of
S O.D.A., or for mutually agreed capital construction projects and/or special maintenance
or restoration projects. Personnel time may include paid staff and/or volunteer time All
City staff and volunteers who operate power equipment pursuant to this Section shall be
trained and certified in the safe operation of such equipment.
Page 2
12. DESIGNATED REPRSENTATIVES. Each Party shall initially be
represented by their respective Directors of Parks and Recreation, or equivalent, for the
purpose of mutually discussing and resolving all matters arising pursuant to this
Agreement or development, operation, and maintenance of the OLA. Any unresolved
disagreements in regard to interpretation or effect of this Agreement or in regard to
development, operation, and maintenance of the OLA shall be submitted to the
jurisdiction of the King County Superior Court at Kent, Washington. The Parties may,
from time to time, appoint or reappoint representatives, by written notice to all other
Parties.
13 AUDITS AND INSPECTIONS. Any and all records and documents with
respect to matters governed by this Agreement shall be subject, at all times, to inspection,
review or audit by any Party to this Agreement.
IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on
the dates indicated below
CITY OF AUBURN CITY OF KENT
By By
Date
Mayor
Approved as to Form.
City Attorney
B
City Manager
Approved as to Form.
City Attorney
Mayor
Date
Approved as to Form.
City Attorney
CITY OF BURIEN CITY OF RENTON
By
Mayor Jesse Tanner
Date Date 41414w SOD. I
Appr as to Form.
City Attorney
Attest
By 1CJ-0'71Ap-e-/
Page 3 City Clerk Bonnie 1. Walton
12. DESIGNA"'TED REPRSENTATIVES. Each Party shall initially be
represented by their respective Directors of Parks and Recreation, or equivalent, for the
purpose of mutually discussing and resolving all matters arising pursuant to this
Agreement or development, operation, and maintenance of the OLA. Any unresolved
disagreements in regard to interpretation or effect of this Agreement or in regard to
development, operation, and maintenance of the OLA shall be submitted to the
jurisdiction of the King County Superior Court at Kent, Washington. The Parties may,
from time to time, appoint or reappoint representatives, by written notice to all other
Parties
13 AUDITS AND INSPECTIONS. Any and all records and documents with
respect to matters governed by this Agreement shall be subject, at all times, to inspection,
review or audit by any Party to this Agreement.
IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on
the dates indicated below
CITY OF AUBURN CITY OF KENT
By By
Date
Mayor
Approved as to Form.
City Attorney
CITY OF BURIEN CITY OF RENTON
Date
City Manager
Approved as to Form.
City Attorney
By
Page 3
Mayor
Date
Approved as to Form.
City Attorney
Mayor
Date.
Approved as to Form.
City Attorney
12 DESIGNATED REPRSENTATIYES. Each Party shall initially be
represented by their respective Directors of Parks and Recreation, or equivalent, for the
purpose of mutually discussing and resolving all matters arising pursuant to this
Agreement or development, operation, and maintenance of the OLA. Any unresolved
disagreements in regard to interpretation or effect of this Agreement or in regard to
development, operation, and maintenance of the OLA shall be submitted to the
jurisdiction of the King County Superor Court at Kent, Washington. The Parties may,
from time to time, appoint or reappoint representatives, by written notice to all other
Parties
13 AUDITS AND INSPECTIONS. Any and all records and documents with
respect to matters governed by this Agreement shall be subject, at all times, to inspection,
review or audit by any Party to this Agreement.
IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on
the dates indicated below
CITY OF AUBURN
By By
Mayor
Date
Approved as to Form.
City Attorney
By By'.
Date
City Manager
Approved as to Form
CITY OF KENT
Date
City Attorney City Attorney
Page 3
City Attorney
Approved as to Form.
CITY OF BURIEN CITY OF RENTON
Mayor
Date
Approved as to Form.
-r
12 DESIGNATED REPRSENTATIYES. Each Party shall initially be
represented by their respective Directors of Parks and Recreation, or equivalent, for the
purpose of mutually discussing and resolving all matters arising pursuant to this
Agreement or development, operation, and maintenance of the OLA Any unresolved
disagreements in regard to interpretation or effect of this Agreement or in regard to
development, operation, and maintenance of the OLA shall be submitted to the
jurisdiction of the King County Superior Court at Kent, Washington. The Parties may,
from time to time, appoint or reappoint representatives, by written notice to all other
Parties
13 AUDITS AND INSPECTIONS Any and all records and documents with
respect to matters governed by this Agreement shall be subject, at all times, to inspection,
review or audit by any Party to this Agreement.
IN WITNESS WHEREOF THE Parties hereto have executed this Agreement on
the dates indicated below
By By
Mayor Mayor
Date I- Date
Approved as to Approved as to Form.
City Attorney
Date
CITY OF BURIEN CITY OF RENTON
By By
City Manager
Approved as to Form
City Attorney City Attorney
Page 3
CITY OF KENT
City Attorney
Mayor
Date
Approved as to Form.
CITY OF DES MOINES
By
City Manager
Date.
App ed to Form. Approved as to Form.
C /149aide-
ity Attorney City Attorney
CITY OF FEDERAL WAY KING COUNTY
City Manager
Date
By By
City Manager
Date
Approved as to Form.
City Attorney Deputy Prosecuting Attorney
CITY OF TUKWILA
By
Mayor
Date
Approved as to Form.
City Attorney
CITY OF SEATAC
By
Title
Date
Approved as to Form.
CITY OF DES MOINES CITY OF SEATAC
By By /4' /tie!
ce Rayburn,
City Manager City Manager
Date Date 1/0%
Approved as to Form. Approved as to Form.
City Attorney City Attorney
CITY OF FEDERAL WAY KING COUNTY
By By
City Manager
Date
Approved as to Form.
CITY OF TUKWILA
By
Mayor
Date
Approved as to Form.
City Attorney
Page 4
Title
Date
aL, 14°o
Approved as to Form.
City Attorney Deputy Prosecuting Attorney
CITY OF DES MOINES CITY OF SEATAC
By- By-
City Manager
Date
Approved as to Form
City Attorney City Attorney
CITY OF FEDERA WAY KING COUNTY
By
Date
City Manager Title:
9/I
ro ed as to Form.
k
City Attorn ey
CITY OF TUKWILA
By-
Mayor
Date
Approved as to Form.
City Attorney
City Manager
Date
Approved as to Form.
By
Date-
Approved as to Form.
Deputy Prosecuting Attorney
CITY OF DES MOINES CITY OF SEATAC
By By
City Manager City Manager
Date Date
Approved as to Form Approved as to Form.
City Attorney City Attorney
CITY OF FEDERAL WAY KING COUNTY
By By
City Manager Title.
Date Date
Approved as to Form. Approved as to Form.
City Attorney Deputy Prosecuting Attorney
CITY OF TUKWILA
By 13-F
Mayor
Date q1,716'
Approved as to Form. t
11`
City Attorney (c,
Legal Description
PP &D Contracts 9 of 12 06/23/03
OLA Joint Agreement
EXHIBIT A
A parcel of land in the NW 1/4 of Section 15, Township 22 North, Range 4 East,
Willamette Meridian, King County, Washington, described as follows
Beginning at the northwest corner of the W' /2 of the NE 1/4 NW 1/4, thence
Easterly in the north line thereof 663 60 feet to the northeast corner of said W '/2,
Thence southerly along the east line thereof to the northwest corner of the west 275 feet
of the SE 1/4 NE 1/4 NW 1/4 of said Section 15, thence easterly in the north line thereof
275 feet; thence southerly to the southeast corner of said west 275 feet of the SE 1/4 NE
1/4 NW 1/4, thence westerly along the south line thereof to a point which is 879 74 feet
east of the southwest corner of the NE 1/4 NW 1/4, thence South 40° 21' W 203 85 feet;
Thence South 0° 57' E 93 0 feet; thence South 75° 00' W 167 4 feet; thence south 20°
00' E 32 72 feet; thence South 88° 28' W to the west line of the SE'/ NW 1/4 of said
Section 15, thence southerly along said west line 294 feet; thence westerly 190 feet
along the south line of the north 57 feet of the south 758 feet of the SW 1/4 NW 1/4 of said
Section 15, thence northerly 57 feet in a line parallel with the east line of said SW '/4 NW
1/4, thence westerly 20 feet in a line parallel with the north line of said SW 1/4 NW 1/4
thence northerly 171 feet in a line parallel with the east line of said SW 1 4 NW 1 4, thence
westerly 20 feet in a line parallel with the north line of said SW 1/4 NW 1/4, thence
northerly 171 feet in a line parallel with the east line of said SW 1/4 NW 1/4, thence
westerly 71 feet in a line parallel with the north line of said SW 1 4 NW 1/4, thence
northerly 220 feet to a point in the north line of the SW 1/4 NW of said Section 15, 301
feet westerly of the NE corner thereof; thence westerly in said north line 66 feet; thence
northwesterly 230 feet, more or less, to the south line of the north 1090 feet of the NW
1/4 NW 1/4 of said Section 15 at a point 373 feet west of the east line of said NW 1/4 NW
1/4, thence westerly in said south line 15 29 feet; thence northerly to a point in the south
line of the north 987 feet of said NW '/4 NW 1/4, 391 00 feet west of the east line thereof;
thence westerly in said south line 44 feet; thence northerly 176 56 feet to a point which
is 60 feet south and 433 60 feet west of the intersection of the east line of said NW '/4
NW 1/4 and the south line of the north 751 feet thereof; thence westerly 63 28 feet in a
line parallel with the south line of said North 751 feet of said NW 1/4 NW 1/4, thence
northerly to a point in the south line of the north 430 feet of said NW 1/4 NW 1/4, which is
505 feet westerly of the east line of the said NW 1/4 NW 1/4, thence easterly in said south
line 13 73 feet; thence northerly to a point in the south line of the north 339 feet of said
NW 1/4 NW 1/4 which is 493 56 feet westerly of the east line of the said NW 1/4 NW '/4,
thence westerly in said south line 185 feet; thence northerly to a point in the south line
of the north 240 feet of said NW'/ NW'/ which is 682 feet westerly of the east line of
the said NW 1/4 NW 1/4, thence westerly in said south line to a point in the center line of
Old Military Road, thence northerly in said center line to a point in the north line of the
south 60 feet of said north 240 feet of NW 1/4 NW 1/4, thence easterly in said north line to
a point in the west line of the east 113 feet of said NW 1/4 NW /4, thence southerly in
said west line to a point in the said south line of the north 240 feet of said NW 1/4 NW' /4,
thence easterly in said south line 113 feet to the east line of said NW 14/ NW 1 /4, thence
northerly 240 feet in said east line to the point of beginning
EXCEPT the following described parcels thereof conveyed to Kent School District No
415 by the United States of America by Quitclaim Deed dated February 1, 1965
described as
The west 120 feet of the north 648 09 feet of the west 1 /2 of the NE 1 /4 of the NW 1 /4 of
Section 15, TSP 22 N, R 4 E, W M King County, Washington, and
The south 60 feet, except the east 113 feet thereof, of that portion of the north 240 feet
of the NW 1 /4 of the NW 1 /4 of Section 15, TSP 22 N R 4 E, W M King County,
Washington, lying easterly of the center line of the Old Military Road, less roads, and
That portion of the south 99 feet of the north 339 feet of the NW 1 /4 of the NW 1 /4 of
Section 15, TSP 22N, R 4 E, W M King County, Washington, lying easterly of the
center line of Old Military Road, said parcel being described as that part lying easterly of
a line beginning at a point in the north line thereof which is 497 00 feet west of the
northeast corner and running thence southeasterly to the south line thereof at a point
which is 493 56 feet west of the southeast corner; and
That portion of the south 99 feet of the north 438 feet of the NW of the NW 1 /4 of
Section 15, TSP 22 N, R 4 E, W M King County, Washington, lying easterly of the
center line of Old Military Road, said parcel being described as that part lying easterly of
a line beginning at a point in the north line thereof which is 493 56 feet west of the
northeast corner and running thence southeasterly to the south line thereof at a point
which is 491.27 feet west of the southeast corner; and
That portion of the south 1 00 acre of the north 480 feet of the NW of the NW 1 /4 of
Section 15, TSP 22 N, R 4 E, W M King County, Washington, lying easterly of the
center line of Old Military Road, said parcel being described as that part lying easterly of
a line beginning at a point in the north line thereof which is 505 00 feet west of the
northeast corner and running thence southeasterly to the south line thereof at a point
which is 503 79 feet west of the southeast corner; and
That portion of the south 65 feet of the north 545 feet of the NW 1 /4 of the NW'/ of
Section 15, TSP 22 N, R 4 E, W M King County, Washington, lying easterly of the
center line of Old Military Road, said parcel being described as that part lying easterly of
a line beginning at a point in the north line thereof which is 503 79 feet west of the
northeast corner and running thence southeasterly to the south line thereof at a point
which is 502 12 feet west of the southeast corner; and
That portion of the south 103 feet of the north 648 feet of the NW'/ of the NW 1 /4 of
Section 15, TSP 22 N, R 4 E, W M King County, Washington, lying easterly of the
center line of Old Military Road, said parcel being described as that part lying easterly of
a line beginning at a point in the north line thereof which is 502 12 feet west of the
PP &D Contracts 10 of 12 06/23/03
OLA Joint Agreement
northeast corner and running thence southeasterly to the south line thereof at a point
which is 499 50 feet west of the southeast corner; and
That portion of the south 99 feet of the north 339 feet of the NW '/4 of the NW '/a of
Section 15, TSP 22 N, R 4 E, W M King County, Washington, lying easterly of the
center line of Old Military Road, said parcel being described as the westerly 185 00 feet
of the part lying easterly of a line beginning at a point in the north line thereof which is
682 00 feet west of the northeast corner and running thence southeasterly to the south
line thereof at a point which is 678 56 feet west of the southeast corner
TOGETHER WITH all right, title and interest the United States of America may have in
the banks, beds and waters of any streams or lakes opposite to or bordering upon said
lands, and in any alleys, roads, streets, ways, strips, gores, railroad rights of way and
irrigation ditch or canal rights of way crossing, abutting or adjoining said lands and in
any means of ingress or egress appurtenant to said lands
TOGETHER WITH the right of joint use of existing roads over a parcel of land described
in Quitclaim Deed dated February 1, 1965 from United States of America to Kent School
District No 415
TOGETHER WITH Government -owned improvements located thereon
SUBJECT TO
Reservations in the United States Patent and to Existing easements for public streets,
alleys, roads and highways, public utilities, railroads and pipelines
Reservations of roadway easement over that portion of parcel adjoining Old Logging
Road contained in Deed dated January 23, 1951, executed by the Midway Corporation,
a Washington Corporation, to Edgar Allen, a single man recorded January 26, 1951,
under Auditor's Field No 4103463, records of King County, Washington
Easement for electric transmission line granted by instrument dated January 27, 1955,
executed by Midway Corporation, a Washington Corporation to Puget Sound Power and
Light Company, a Massachusetts Corporation, recorded January 31, 1955 under
Auditor's File No 4534889 records of King County, Washington
Easement No DA(s) 45- 108 -eng -771 dated June 4, 1962 from Department of the Army
to the State of Washington, State Highway Commission for a buried drainage pipeline
across the access road
All easements, liens, reservations, exceptions or interests of record or now existing on
the premises above described
PP &D Contracts 11 of 12 06/23/03
OLA Joint Agreement
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EXHIBIT B
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DRAWING OF PARK AREA
41
Off -Leash Area Development
Cost Share Agreement
Option B King County portion is 50% $35,697 2 $17,848
Task Force City I Population (2000 Census) I Cost (x 05)
Auburn 40,314 $2,016
Burien 1 31,881 $1,594
Des Moines 1 29,267 I $1,463
Federal Way 1 83,259 $4,163
Kent 1 79,524 I $3,976
Renton 1 50,052 I $2,503
SeaTac 1 25,496 $1,275
Tukwila 1 17,181 I 859
Cities 1 356,974 I $17,849
King County I 17,848
TOTAL
1 1 $35,697
EXHIBIT C