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HomeMy WebLinkAboutRes 0632 - Interlocal Agreement - Green River Pedestrian and Bicycle Trail WASHINGTON RESOLUTION NO 632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA RECOGNIZING THE VALUE OF THE INTERURBAN TRAIL AND AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREE- MENT WITH KING COUNTY AND OTHER VALLEY JURISDICTIONS. COUNCIL ACTION[ M EET ING I DATE I AGENDA I ACTION WHEREAS, King County has received a grant to construct a pedestrian and bicycle trail from Algona and Pacific to approximately South 180th Street, and; WHEREAS, this trail goes through various jurisdictions in the Green River Valley, including unincorporated King County lands, and; WHEREAS, King County is desirous of sharing the development responsibilities with the appropriate jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DOES RESOLVE AS FOLLOWS: Section 1. The Mayor is authorized to enter into an Interlocal Agreement for the Interurban Trail with King County and other valley cities, said contract to be substantially in the form attached. Section 2. Any future agreements dealing specifically with the City of Tukwila's maintenance responsibilities, if, and after, negotiated with the County, shall be brought back before the Council for their consideration and approval prior to execution. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON at a regular meeting thereof this day of 77 1978. Approved as to form: CVf ty Attorney Published: Interlocal Agreement for use of Recreational Easement to be known as the Interurban Trail Administered by King County WHEREAS, the Interurban Trail, a former interurban railway and currently owned by Puget Sound Power and Light, has been formerly identified as a primary trail corridor in the Green River Valley, and; WHEREAS, King County, with written support from local agencies in the Green River Valley applied for and received a $320,000 grant to develop the Interurban Trail from the Federal Highway Administration under the Federal Bikeway Demonstration Program, and WHEREAS, a primary objective of the grant submittal was to demonstrate interagency cooperation and; WHEREAS, King County executed on November 1, 1977 a recreational easement with Puget Sound Power and Light for the purpose of developing a multi purpose trail, and; WHEREAS, the staged development of the trail together with a Master Trail Design Plan has been pursued in cooperation with the cities of Algona, Auburn, Kent, Pacific, Renton, and Tukwila, and; WHEREAS, RCW 39.34 (Interlocal Cooperative Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development: of local communities, and; WHEREAS, mutual public service objectives can be satisfied through the following actions, therefore; BY THIS AGREEMENT, by and between the County of King, acting by and through the King County Executive, hereinafter called the COUNTY, and the City (Cities) of Tukwila hereinafter called the AGENCY (AGENCIES), mutually agree to the development of a multi purpose trail within the recreational easement in King County, Washington described in EXHIBIT A of Exhibit 1. FURTHERMORE, the COUNTY and the AGENCY (AGENCIES) mutually agree to the following conditions. SECTION 1: GENERAL 1.1 Purpose: The explicit purpose of this interlocal agreement is to accomplish the following objectives. a. to mutually concur with an overall master plan concept for full development of the recreational easement as a multi purpose trail, and b. to mutually agree to pursue the first phase of development, to be known as Phase 1, and c. to establish the means by which the COUNTY may, upon mutual agreement with the AGENCY (AGENCIES), delegate or assign part or all of certain duties and /or rights, and 1 d. to assure the integrity of the Interurban Trail is upheld throughout the term of the recreational easement. 1.2 Term: 50 years from November 1, 1977 or as provided in Section 8. 1.3 Trail Corridor: the recreational easement is considered to lie within the Interurban Trail Corridor defined as a system of trail linkages facilitating continuous non motorized travel from Fort Dent Park on the north to the Pierce County line within the City of Pacific on the south. The linkages will to the greatest extent possible include the recreational easement itself. However, it is recognized that usage of parallel trails and /or existing streets and other public facilities also comprise the Interurban Trail corridor. 1.4 Costs: There shall be no costs incurred by or to the COUNTY or AGENCY by execution of this interlocal agreement. 1.5 Financing: A $320,000 grant from the Federal Highway Administration, under the Federal Bikeway Demonstration Program and a local match of $65,000 from Housing and Community Development Block Grant Funds and $15,000 in transferred Forward Thrust Funds has been procured and will be administered by King County for initial development of the Interurban Trail. Funding for full trail development per .Section 6 of this agreement will be pursued in the most timely fashion possible utilizing available local, state, federal, or other resources. To the greatest extent possible, a coordinated agency approach will be pursued. SECTION 2: ADMINISTRATIVE PROVISIONS 2.1 The King County Executive shall serve as the administrator for purpose of this agreement and all subsequent agreements, assignments, or delegations affecting the public usage of the Interurban Trail. 2.2 Any and all administrative decisions subsequent to Phase 1 shall be made with the advice and consent of the appropriate authority or AGENCY. 2.3 In the event of any disputes, the COUNTY'S decision shall be final and binding. SECTION 3: PARENT AGREEMENT PROVISIONS 3.1 The recreational easement executed between the COUNTY and Puget Sound Power and Light, a public utility, on November 1, 1977, herinafter called the PARENT AGREEMENT (Exhibit 1) shall govern and supersede in the event any discrepancies occur between the PARENT AGREEMENT and the Interlocal Agreement. 3.2 Puget Sound Power and Light Company shall not be deprived because of anything contained in this agreement of its uses of the property as required by the operational demands of its system, or the demands of other utilities' systems. 2 SECTION 4: ASSIGNMENT OR DELEGATION OF DUTIES AND /OR RIGHTS 4.1 The COUNTY from time to time may assign or delegate all or part of the duties and /or rights it has under the PARENT AGREEMENT. 4.2 Such assignment or delegation may be made to the AGENCY through which the Interurban Trail passes. 4.3 Such assignment or delegation can be for the purposes of physical trail development including landscaping, developing and maintaining the property and of installing, maintaining and using recreational facilities therein; provided that the assignee shall perform no work hereunder, except for planning purposes, until the COUNTY and PSPL have reviewed and agreed upon a detailed plan provided by the assignee depicting all improvements to be installed on the property, provided further, that if assignor and assignee agree to develop the recreational aspects of the property in stages, assignor and Puget Sound Power and Light shall agree upon a tentative overall plan together with detailed plans provided by the assignee for the initial stages of the development and tentative plans for each of the other stages of the development with proposed dates of completeion thereof. 4.4 Any assignment or delegation shall be mutually agreeable between the COUNTY and the authority or AGENCY and be so specified in a format similar to Exhibit 2. Such duties and /or rights may in addition to Section 4.3 include but not limited to, the following: a. Indeminity the jurisdictions through which the trail passes, completed or partially completed, may by an assignment or delegation be placed in the position of the COUNTY with respect to the PARENT AGREEMENT and will therefore hold both King County and Puget Sound Power and Light Company harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, arising in favor of third parties, which result from the operations of the assignee, or the intentional or negligent acts or omissions of the assignee or its employees, agents, or representatives, or the breach by assignee of any term or condition of this easement. Furthermore, such indeminity by the assignee shall be restricted to only those rights and /or duties so assigned or delegated by the COUNTY. b. Access this may be by assignment or delegation for the purposes of closing to the public all or part of the Interurban Trail, for reasons of maintenance, development or improvement, provided, however, that the COUNTY or Puget Sound Power and Light company, its employees, agents and designated representatives shall at all times have the right to enter upon the recreational easement for the purpose of making any inspections, repairs, alterations, changes or improvements upon any of its property, including but not limited to the recreational easement and adjacent grounds, or for any purpose whatsoever connected with the carrying on of the business of Puget Sound Power and Light Company. Assignee would agree to give ten (10) days' advance written notice of any such closure to the COUNTY and Puget Sound Power and Light Company, except closures required for emergency or other similar reasons. 3 c. Restoration upon termination of the recreational easement this may be by assignment or delegation for the purpose of preventing public usage of the trail and for implementing restoration actions upon termination of the recreational easement. d. Maintenance this may be by assignment or delegation for the purpose of maintaining the developed portions of the recreational easement and /or other linkages within the Interurban Trail corridor defined in Section 1.3. It would be mutually agreed that the assignee would not be held responsible for prior existing conditions unless otherwise agreed to in the assignment. Furthermore, provisions of Section 4 would control any assignment or delegation of maintenance responsibilities. e. Enforcement of Restrictions this may be by assignment or delegation for the purpose of enforcing item 10 of the PARENT AGREEMENT as to uses and activities permitted within the recreational easement. f. Inspection and Sign Placement this may be by assignment or delegation for the purpose to inspect and place, at its cost and expense, warning, directional and cautionary signs where necessary along the Interurban Trail corridor throughout the term of the PARENT AGREEMENT. g. Promotion this may be by assignment or delegation for the purpose of promoting public usage of the Interurban Trail. 4.5 In the event any AGENCY fails to perform any duties delegated the COUNTY may, but without obligation to do so, perform these duties and such AGENCY would immediately 'reimburse the COUNTY for all reasonable costs incurred in connection therewith. SECTION 5: MAINTENANCE 5.1 All parties to this agreement fully agree to the need to cooperatively maintain the recreational trail, including any interim routes outside the trail right -of -way, and related appurtenances. 5.2 The responsibility for maintenance may be assigned or delegated, in part or all, to other authorities or AGENCIES as discussed in Section 4.4(d). In the event the COUNTY identifies a maintenance deficiency or deficiencies, the COUNTY shall provide written notice to the assignee specifying the deficiencies. Furthermore, the assignee will be given 30 days after written notification to remedy the deficiency or deficiencies after which time the COUNTY would remedy the problem and be immediately reimbursed by the assignee for all resonable costs for such action by the COUNTY. 5.3 The level of maintenance is to be established through a maintenance agreement between the COUNTY and the assignee or assignees supplementary to this agreement, to be executed within eight months from the date of this agreement. 5.4 The level of maintenance shall reflect the staged development of the trail within the context of the Master Design Plan. 4 SECTION 6: MASTER DESIGN PLAN 6.1 All parties to this agreement agree in principle to the Master Design Plan, Exhibit 3. 6.2 The specific intent of this provision is to encourage and assure an orderly and timely implementation of the Master Design Plan. This provision shall not restrain any responsible entity from providing improvements consistent with the Master Design Plan. 6.3 The Master Design Plan will control the ultimate development of the trail within the easement granted by Puget Sound Power and Light. Any and all interim development of the trail and /or alternative routings will be consistent with the Master Design Plan. Any request for deviations from the Master Design Plan, interim or otherwise, shall be submitted to the COUNTY. 6.4 No work shall commence on a deviation from the Master Design Plan until written notification is received from the COUNTY. Furtherfore the COUNTY shall review all such requests and upon concurrence from the cities of Algona, Auburn, Kent, Pacific, Renton and Tukwila shall approve or deny such request or requests. SECTION 7: PROJECT AWARD 7.1 All parties to this agreement agree to have the COUNTY prepare and submit for advertisement, a set of contract plans, specifications and estimates for Phase 1 of the Master Design Plan. 7.2 The COUNTY will review submitted bids and select a contractor or contractors to construct Phase 1 of the Master Design Plan. 7.3 The COUNTY will administrate the Phase 1 project and may at its discretion assign all or part of those duties to PSPL and /or any or all parties to this agreement. SECTION 8: TERMINATION 8.1 This interlocal agreement shall be binding for the term specified in Section 1.2. 8 2 This agreement can be terminated by either party to do so and subsequent: to a 120 day period following written notification by either the COUNTY or the AGENCY. 8 3 Termination shall not disrupt the public usage of the recreational easement for the life of the easement. 5 8.4 Upon termination during the life of the recreational easement all improvements, facilities and hardware shall revert to the authority having jurisdictional control provided Section 8.3 is complied with. The Agency (Agencies) expressly agrees to all covenants and conditions hereinbefore specified. Accepted and Approved King County date date by by title title Dated this 22nd day of May 1978. City of Tukwila b e /-,2t/ d 43 Q,GC Edgar Bauch title Mayor APPROVED AS TO FORM AND LEGALITY Deputy Prosecute Attorney Date 6