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Home My WebLink AboutRes 1507 - Interlocal Agreement - Transfer of Ownership of South Central Pool Resolution HO. 1507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT FOR THE TRANSFER OF OWNERSHIP OF THE SOUTH CENTRAL POOL. WHEREAS, King County wishes to divest itself of ownership and responsibility for the operation of the South Central Pool; and WHEREAS, the South Central pool is located within the corporate boundaries of the City of Tukwila and is considered a local recreational asset; and WHEREAS, the City of Tukwila has expressed a desire and willingness to ensure that the pool remains an operating recreational amenity for use by its citizens and the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Mayor is authorized to execute the Interlocal Agreement attached and identified as Attachment A to this Resolution, which shall convey ownership of the South Central Pool to the City of Tukwila. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WAS INGTON, at a Regular Meeting this 1Vh day of �1 6YlPI'7UAAJ 2002. Richard Simpson, euncil President ATTEST/ AUTH�ENTICATED: ?O&J i Jane E. Cantu, CMC, City Clerk PPROVED AS TO RM BY: Office of the City Attorney Filed with the City Clerk: 10-31- Passed by the City Council: jJ 64- Resolution Number: J 50 7 Southeentral Pool 4603-03 ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT "Assignment is entered into this 2, day of bnJ 200 by and between KING COUNTY, a political subdivision of the St4e of Wash gton (the "County") 'and the CITY OF TUKWILA, a political subdivision of the State of Washington (the "City and SOUTH CENTRAL SCHOOL DISTRICT NO. 406, a Washington municipal corporation (the "District"), WHEREAS, the County hafleased certain real property from the District pursuant the Lease Agreement dated September 15, 1971 "Lease which is attached as Exhibit A; WHEREAS, the County has constructed a facility known as the South Central Pool "Pool') on the property leased from the District pursuant to the Lease; WHEREAS, the County and City have reached an agreement for transfer of ownership of the Pool from the County to the City; WHEREAS, the Lease should accordingly be assigned to the City and the District approves of such assignment; NOW THEREFORE, in consideration of the mutual promises made in this Assignment and other good and valuable consideration, receipt of 'which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Assip-runent. The County hereby assigns, transfers and conveys to the City all of the County's right, title, and interest in and to the Lease. 2.. Assumption. The City hereby accepts and assumes all of the County's right, title and interest.in and to the Lease and assumes all obligations of any kind or nature under the Lease that arise after the date of this Assignment. The City agrees for itself, its successors and assigns, to defend, indemnify, and hold harmless the County, its appointed and elected officials and employees, from and against any and all claims, liability, damages, demands, suits, judgments, costs, including attorney fees and costs of defense, which are caused by, arise out of, or are incidental to the City's breach or violation of the terms of the Lease or this Assignment. 3. Acceptance. The District hereby approves and accepts the assignment of the Lease from the County to the City pursuant to the terms contained in this Assignment and releases the County from all obligations under the Lease, provided, however, this release shall not constitute a release from liability as to any County breach of the Lease that occurred prior to the (late of this Assignment. OR 3' 1 A -5 4. Binding. This Assignment shall be fully binding as between the County and the City when it has been duly executed by the County and the City regardless of whether the Assignment has been duly executed by the District. 5. Counteroarts. This Assignment may be executed in counterparts, and each set of duly delivered identical counterparts which includes all signatories shall be deemed to be one original document.. 6. Applicable Law. This Assignment shall be governed by the laws of the State of Washington. 7. No Other Amendments. Except as otherwise modified or amended by this Assignment, all of the terms and conditions of the Lease Terrain unchanged. Dated as of the date and year first above written. KING COUNTY By Its t! el Dt�� SOUTH CENTRAL SCHOOL DISTRICT TUKWILA By S1 ►'Vw\ 4&1-- Its NN P-1 Its -2- STATE OF WASHINGTON ss. COUNTY OF, 0 I certif that 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that &he-signed ibis instrument, on oath stated 'hat 0s was authorized to execute. the instrument and acknowledged it as the VVEL4VIL" of to be the free and voluntary get of such party for the uses and purposes mentioned in the instrument. Dated: (lQ Y1 2, oA V r� S� p I i ''v�•Lil. (Use this space for notarial stamp /seal) STATE OF WASHINGTON COUNTY OF RdAl I &W Notary Public Print Name 4 My commission expires '"'Q ss. I certify that 1 know or have satisfactory evidence that kGj 0;t is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he/she was authorized to.execute the instrument and acknowledpd it as the Faci1l4'icJr./�A 4- �lY'ec4 -o,- of >&r COUv►�A, C41Sh ihr��l to be the free and voluntary act "of such party for the uses and purses mentioned in the insti Went. Dated: •-J(VtUQrit 3 pt1NItJ JIp J 7 ..QUA i oi 0 JJ WA SN\ (Use this space for notarial stamp /seal) Notary Public Print Name My commission expires -3- STATE OF WASHINGTON SS. COUNTY Or 1, certify that 1 know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act 'of such party for the uses and purposes mentioned in the instrument. Dated: Notary Print Name My commission expires (Use this space for notarial stamp /seat) in EXHIBIT A LEASE AGREEMENT 000025 LEASE AGREEMENT THIS LEASE made in quadruplicate this j5tday oflzftR. 1971, by and between KING COUNTY, WASHINGTON, a legal subdivision of the State of Washington, Lessee,. and SOUTH CENTRAL SCHOOL DISTRICT. NO. 406, King County, Washington, a municipal corporation of the State of Washington, Lessor: WITNESSETH: In consideration of the covenants and agreements of the Lessee hereinafter set forth, the School District does by these presents lease and demise unto King County.that certain real estate described as follows: The west 190 feet of the east 565 feet of the south 320 feet of the southwest one quarter of the southeast one quarter of Section 15, Township 23 North, Range 4 East, W.M., in King County, Washington, EXCEPT the south 20 feet for South.144th Street. SUBJECT TO: Right to make necessary slopes for cuts or fills as granted to King County by Deed recorded under Auditor's Pile No. 3117114. In addition to the property leased, the School District will provide all convenient and necessary easements for utilities, ingress acid -egress. The term of such lease shall be for a period of forty (40) years from the date above written. Upon expiration of said lease term, Lessee shall have an option to renew such lease upon terms to be negotiated between the parties, it being the intent at this date that the lease continue for at least the useful life of the building and structures to be located on the premises. DC0025 S'T'ATE OF WASHINGTON ss. COUNTY OF H I N G On this 7 day of_ 1— .1971, before m e personally appeared ton/ �B L��L. to be known c to be the (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case maybe) of the municipal 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 authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State ,q�f W Vngton, residing at Mc IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. KING COUNTY, D. SLMAN ty Ex6tutive SOUTH CENT h SCHOOL DISTRICT NO. 406• Approved as to Form and Legality GARY E. JACOBSON Deputy Prosecuting Attorney Date -3- King County accepts the premises in the present condition and. for the purpose of immediately constructing thereon a major indoor swimming pool. King County shall be responsible for all charges for utilities or governmental charges or taxes that should be levied against the property and shall keep the property in good repair and insured against all, damage and liability resulting from the use thereof. King County shall at times when facilities on the leased premises are not to be used by King.County permit the School District to use such facilities subject to a Use Agreement to'be consumated by the two agencies. King County agrees to hold the School District harmless and to indemnify and defend the School District against any claim or liability for damage to any person or property and costs incident thereto arising with respect to the leased premises, except when such damage is a result of School District sponsored or controlled activities on the leased premises or where such damage is attributable to some act or omission of the School District. The School District agrees to hold King County harmless and to indemnify and defend King County against any claims or liability for damage to any person or property and costs incident thereto caused by the negligence of the School District or as a result of School District sponsored or controlled activities on the leased premises, and where such damage, is not attributable to some act or omission of King County. This lease shall be reviewed every five (S) years with the intent at this date that it be renewed for at.least the life of the building on the premises. -2-