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Home My WebLink AboutILA - Pasco Public Facilities District for Funding 08022004 1649614 Page: i of 5 08/20/2004 09:@0R WHEN RECORDED RETURN TO' PRSCO CITY OF qGREE z3.0o Franklin co, wq City of Pasco, Washington 525 North 3rd Pasco WA 9930� Alrn�; W�6 5�'�r .!ac�sa.�1 INTERLOCAL AGREEMENT Between CITY OF PASCO,WASHINGTON and PASCO PUBLIC FACILITIES DISTRICT PROV�DING FOR FUNDING THIS INTERLOCAL AGREEMENT is rnade and entered into this 2°d day of August, 2004, by and between the City of Pasca, Washington, a Municipal Corporatian, hereinafter referred to as "Ciry" and the Pasco Public Facilities District, a Washington Municipal Corporation, hereinafter referred to as "District. " � ��WHEREAS;the C�h'as created a Publ�c Fa�ilities`District as�authorized by RC1W Q �35,57�for the purpose of participating in and cr�ating regional centers to benefit the citizens ofVhe Git1��Pa4co, Washingtan,�and� u �� WHEREAS, the Ciry has provided funding for the District by loan and th� District has utilized such funding for services in participating in a regional center far the benefit of the City and the value of those services are equal ta ar exceed the amount of the loans and it is mare advantageous to recharacterize the loans as payment for such services; and WHEREAS, the District, in additian to participating in the Three-Rivers Convention Center, likewise presents an opportunity to pursue other Regional Special Events Centers to be located within the City of Pasco far the benefits of its citizens and other residing within the Tri-City region; and WHEREAS, the District is specifically suited and empowered ta pursue such centers which will provide a direct benefit to the City, however, an ongoing saurce of funding is necessary for the District to provide these services to the City. NOW, THEREFORE, in consideration of the mutua� covenants contained herein, and for the benefit of the general public to be received thereby, it is agreed between the Parties as follaws: Interlocal Agreement Pasco/Pasco PFD Providing for Funding- 1 1649614 Page: 2 of 5 PRSCO CITY OF RGREE 23.00 F�88 20 i20 04 8A:00A SECTION I PURPOSE The purpose of this Agreement is to set forth, in writing, the terms and conditions under which the City shall pravide ongoing financial support to the District to fund the District's eFfort for the investigation, pursuit and locatian of Regional Special Events Centers or Facilities within the City of Pasco, and to perform those services on behalf of the City as permitted by law. SECTION II TERM This Agreement shall take effect January 1, 2404, and shali terminate on December 31, 2005. This Agreement shall be automatically renewed on an annual basis thereafter unless either party gives notice of its intent not to renew no later than one hundred eighty (180) days prior ta the terminatian of the current term. SECTION III RESPONSIBILITIES 4F THE CITY The City shall pay to the District the sum of Twenty Thousand Dollars and.OQ/100 •-�. ., r= -, r� � �� r�., r ($20,000.40) per-year payable quarterly'for the pu�se of funding the services provided;� hereiri. u � \ � � � � . � J The Cit sha12 convert and satisfy that previous loan in the sum of Eighteen Thousand DolIars and Q0/100 ($18,000.40) to the District as payment in full far all services provided for the benefit of the City as of the date of this Agreement. SECTION IV RESPONSrBILITES OF THE DISTRICT The District shall: A. Explore potential opportunities and the feasibility of locating wrthin the City of Pasco, a Regional Specia� Events Center as defined by RCW 35.57.020. B. Identify optians available for the location of a Regional Special Events Center including conducting investigations, pub�ic l�earings, research and such other efforts as may be necessary to identify potential projects. C. Provide periodic reparts to the City Council of the City of Pasco on the District's findings, investigations and recommendations in regards to potential projects. Interlocal Agreement Pasca/Pasco PFD Providing far Funding-2 1849614 Page: 3 of 5 08/20/2004 09:00A PASCO CITY OF AGREE 23.00 Franklin Co, WR D. Pursue such proj ects as may be recorr�mended and approved by the City Council. SECTION V AUDIT OF FINANCIAL RECORDS The District shall maintain books, records, docurnEnts and all other materiais sufficientiy and properly reflect all expenditures mad� pursuant to this Agreement. The City shall have full access and right to examine and copy all of the records of the District for the respective �natters cavered by this Agreement during any term, or renewal of this Agreement and for three {3) years after its termination. SECTION VI INDEMNIFICATION The City shall defend, indemnify and hold harmless the District, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages arising o�t of ar in any way resuIting from n�gligent acts or omissions of the Ciry, its officers, employe�s or agents in the performance of this Agreement. � T�Distr�shall defe�d, indemnify� andrhold rarmless th�City, its af�icers, employees;`and`agents from any and all�cos�s, claims, j udgments or�awards�f aa`mages� \arisrng out of or-rn-any way.'resulting from negligent�acts ar omissions of the District; its r' ►, l' 1 1 �I �� 1. ... i. � li o�ficers�, e�ploy�ees or agents in�he pe`f�an�e of this�Agreement. � �� u SECTION VII INTERLOCAL COOPERATIVE ACT PROVISIONS Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms of this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. All funding incident ta the fulfillment of this Interlacal Agreement, shall be borne by each party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall he created incident to this Interlaca� Cooperation Agreement. It is not the intention that a separate legal entity be established to conduct the coaperative undertakings, nor is the acc�uisition, l�olding, or disposing of any real or persanal property anticipated under the tezms of this Agreement. The City Manager of the City of Pascq Washington, shall be designated as the Administratar of this Interlacal Coaperative Agreement. A copy of this Agreement shall be filed with the City Clerk of the City of Pasco and the Franklin County Auditor; provided, however, that failure to file shall not affect the validity of this Agreement. Interlocal Agreement Pasco/Pasco PFD Froviding for Funding-3 1649614 Page: 4 of 5 PRSCO CITY OF AGREE 23.00 0r8ank0i20C04 �q'�0A SECTION VIII ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regards to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shail be in writing and signed by bath Parties to be effective. SECTION IX APPLICABLE LAW T�iis Agreement is governed, construed and enforced in accardance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION X AUTHORITY FOR EXECUTION � � � n �� n n � � Each of�the parties� warrants and represents that its representatives, whose� 1 f r� r� � � i r_._� �. . ... �� r • \si atures,are beIow ossess �all�re uired authont to s� thrs `A eemenh and�sucli ...� _-� �, � p ,. ,q� � .. y�.. L �, �gr , � ., pawers have nat, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, th� parties have executed this Agreement in Pasco, Washington, on the day and year first written above. ITY OF PASCO, W SHINGTON PASCO PUBLIC FACILITIES DISTRICT � , ichael L. Ga �son Robert Tippett Mayor President Interlocal Agreement Pasco/Pasco PFD Providing for Funding-4 1�49614 Page: g of 5 PR5C0 CI TY OF AGREE ��,p0 08 n2�i 2�04 �Q�00A STATE OF WASHINGTON ) . ss. County of Franklin } On this day personatiy appeared before me MICHAEL L. GA_RRISON, Mayor o€the City of Pasco, Washington, to he lmown ta be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed far the uses and purposes therein rnentioned. GIVEN under my hand and official seal this 1�day of u�c./ '� , 2004. -� �.a--r�-- NOTARY PUBLIC in an for the State of Was ' o� � Residing at: a 5CU �(E � qC,� My Commissi n Expires: � C� �°i,� �p c, N��ARy�',� Z STATE OF WASHINGTON ) c�� PUB��G = : ss. 7�' �r 20 �°,�C',�O County of Franklin ) E` �F W�SN �, On�this day_personaily�appeared,before me ROBERT,�TIPPETT, President a ,the,Pasco Public�Facil�ties�District,l�to'be known'to beathe�individual described in{and who executed the� within and faregoing�instrurrient,�and�acknowledged!khat1helsigned the�same as �ier free�and� `' fY !� / �' � � � � {� _ Y Y voluntary act and deed for the uses and purposes there�n mentioned. :: �� ---�/ u u u �--� u u u �� GIVEN under my hand and official seal this I��h day of (JG U5 , 2004. NOTARY PUBLIC in an far the State of Washington Residing at: C� My Commission Expires: ,�o �',�" y,��p u. JA� �� s � �Z 110T�lR} N.a 'DUB�.��' .� 7j��' �r 2 0 �oo'� ,�CJ Ci �F WASN�� Interlacal Agreement PascolPasca PFD Providing for Funding-5