HomeMy WebLinkAboutILA - Pasco School District for Transfer, Renovation of old Emerson Elementary School Exhibt BExhibit B
INTERGOVERNMENTAL AGREEMENT
CITY OF PASCO AND PASCO SCHOOL DISTRICT NO. 1
Transfer, Renovation and Use For Community Youth Activities
Portion of Old Emerson Elementary School
THIS AGREEMENT, dated this 8th day of June, 1999, by and between
The City of Pasco, Washington
A Municipal Corporation
525 North 3rd Avenue
Pasco, Washington 99301
hereinafter referred to as the "City", and
Pasco School District No. 1
A Public School District
1215 W. Lewis Street
Pasco, Washington 99301
hereinafter referred to as the "School District".
WHEREAS, the old Emerson Elementary School is scheduled for demolition and
is in serious need of substantial renovation to prolong its useful life; and
WHEREAS, the old Emerson Elementary School contains portions of the structure
which can accommodate community youth recreational purposes such as the
Boys and Girls Club; and
WHEREAS, the City Council of the City of Pasco has determined that it be in the
best interest of the citizens of the City to acquire the structure, and, in conjunction
with the School District, to renovate the facility for community youth recreational
purposes; and
WHEREAS, the Board of Directors of Pasco School District No. 1 is committed to
the best interests of the youth of the greater Pasco community and support the use
of surplus District property for the benefit of youth and community youth
activities,
NOW, THEREFORE, the City and District agree as follows:
SECTION I
Purpose
Pursuant to RCW Chapter 39.33 the City and the District are statutorily
authorized to transfer surplus real property by inter -governmental transfer and,
Intergovernmental Agreement - Old Emerson Elementary School- 1 I 4f „q
pursuant to RCW Chapter 39.34, the City and the District are statutorily
authorized to contract for use of property for recreational purposes. The purpose
of this Agreement is to provide for the transfer of a portion of old Emerson School,
as described in Exhibit A hereto to the City, provide for the renovation of that
facility and to provide a community youth recreational facility for such purposes
as the Boys and Girls Club.
SECTION II
Funding
The City shall assume all costs incident to the performance of the City's
responsibilities as provided in Section IV below.
The District shall assume all costs incident to the performance of the District's
responsibilities as provided in Section V below.
SECTION III
Ownership of Improvement
This is an agreement relating solely to the portion of the old Emerson School
building remaining after demolition by the District of the balance of the school
building consisting of the gymnasium and adjacent classrooms as described in
Exhibit A, herein the "structure". The real property upon which the structure is
located, shall remain under the District's ownership. The structure will,
following the completion of the improvements identified in Exhibit B attached
hereto and incorporated herein by reference, and during the duration of this
Agreement, be the property of the City.
SECTION IV
City's Responsibility
The City agrees, on behalf of the City and any tenant, occupant, individual, entity
or organization using the structure under the auspices of the City, to the following
responsibilities:
(A) To accept transfer of the structure to the City; and
(B) To reimburse the District for the actual costs associated with the
completion of the improvements requested by the City and identified
in Exhibit B; and
(C) To make full and continuous use of the structure for community
youth recreation purposes (i.e. Boys and Girls Club) serving the
greater Pasco community; and
Intergovernmental Agreement - Old Emerson Elementary School - 2
(D) To maintain the structure, landscaping and asphalt immediately
adjacent to the structure, as shown on Exhibit A, on a daily and long
term basis as acceptable to the District in accord with the District's
standards for facilities use, maintenance and operation; and
(E) To perform immediate repair of the structure, including immediate
attention to any vandalism, graffiti, etc.; and
(F) To insure the structure and all activities conducted therein by the
City or any individual, organization or entity using any portion of the
structure covered under the City's insurance policy for property
damage and comprehensive general liability and shall protect,
defend and hold the District harmless therefrom; and
(G) To continue maintenance in the event structure becomes vacant; and
(H) To negotiate with District the reasonable costs of demolition of the
structure and site restoration upon termination of this Agreement;
and
SECTION V
District's Responsibility
The District agrees to the following responsibilities:
(A) To complete the improvements identified in Exhibit "B" through its
selected contractor for reimbursement by the City; and
(B) Following completion of the improvements and receipt of
reimbursement therefore, to transfer title to the structure to the City
and to execute a lease of ground to the City covering the area under
and extending twenty (20) feet from the structure; and
(C) Allow use of the District's playground area located to the north of the
structure for use in organized youth recreation programs under the
direction of the City or its tenant organization if not in conflict with
school use; and
(D) Allow reasonable use of the District's surrounding parking areas, as
needed, subject to the District's parking rules and if not in conflict
with school use; and
(E) Removal of the underground storage tank on the property prior to
transfer of the structure to the City; and
(F) Tie the existing exterior Emerson irrigation system into the District's
irrigation system; and
Intergovernmental Agreement - Old Emerson Elementary School - 3
(G) To provide access to its records on the structure, including
hazardous materials, plans, maintenance records, etc.
SECTION VI
Term Of Agreement
This Agreement commences on the date of execution and shall continue for a
period of twenty (20) years, unless otherwise amended, terminated, canceled or
extended as herein provided.
This Agreement may be terminated, upon ninety (90) days written notice:
(A) By the written agreement of the City and District; or
(B) When, in the judgment of the City and District, the structure is no
longer serviceable, safe or is not being fully utilized for the purpose
community youth recreation activities.
The City shall, if requested by the District, reconvey the structure to the District at
termination without further consideration.
SECTION VII
Interlocal Cooperation Act Provisions
The accomplishment of the renovation of the structure that is contemplated by
this Intergovernmental Agreement shall be the sole responsibility of the District,
subject to the responsibility of the City under Section IV(B). It is not intended that
a separate legal entity shall be established either to conduct the cooperative
undertaking nor to acquire or to hold or to dispose of any real or personal property
involved. For the purpose of this Agreement, the District Facilities Manager, or
his designee, shall be responsible for the administration of the cooperative
undertaking.
SECTION VIII
Indemnification
Each party shall defend, indemnify and hold the other harmless from any claims,
damages, causes of action, or judgments arising from or as a direct result of the
negligent or intentional acts of its agents, employees or officers.
SECTION IX
Applicable Law
This Agreement is made and entered into in the State of Washington and shall be
governed by and construed and enforced in accordance with the substantive laws
Intergovernmental Agreement - Old Emerson Elementary School - 4
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 parties shall be entitled to its reasonable
attorney fees and costs and additional judgments.
SECTION X
Entire Agreement
This Agreement may be changed, modified or amended only upon written
agreement bearing the signatures of the authorized representatives of both the
City and the District.
The parties, having read this Agreement in its entirety, do agree in each and
every particular.
IN WITNESS WHEREOF, the parties have executed this Agreement in Pasco,
Washington, the date and the year first written above.
CITY OF PASCO PASCO SCHOOL DISTRICT NO.1
ATTEST:
atherine D. Seaman
Deputy District Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
George Murdock
Superintendent
ATTEST:
Toni Brandon
Executive Director of Operations
APPROVED AS TO FO
liennettn b. Aice
School Attorney
Intergovernmental Agreement - Old Emerson Elementary School - 5
State of Washington )
County of Franklin )
ACKNOWLEDGMENT
On this day personally appeared before me GARY CRUTCHFIELD, City
Manager of the City of Pasco, to me known to 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 for the uses and purposes
therein mentioned.
Given under my hand and official seal this c-D day , 1999.
�E D. SF,��
.�►�� y = Notary Public in an for the State of
�``�G �O Washington, Residing at: KE'-n nec-u i c.
My commission expires: / no a
tar w�
State of Washington )
) § ACKNOWLEDGMENT
County of Franklin )
On this day personally appeared befoi
Superintendent of the Pasco School District, to :
described in and who executed the within ai
acknowledged that he signed the same as his free
the uses and purposes therein mentioned.
day of ,
Given under my hand and official seal this
Xor Public in
W shington, Re:
to of
me GEORGE MURDOCK,
ae known to be the individual
d foregoing instrument, and
and voluntary act and deed for
1999.
ssion expires: I'll-5- zoaZ
Intergovernmental Agreement - Old Emerson Elementary School - 6
TABLE OF EXHIBITS
Exhibit A: Area of Landscape and Asphalt Maintenance by City
Exhibit B: Description and Specifications of Improvements
Exhibit C: Legal Description of Structure
jm:exhibit.txt
EXHIBIT A
I
IVf
M
1
EXHIBIT B
Expenses related to restoration of old Emerson Elementary School
A/E Fees to Revise Demolition and Restoration Plans $ 7,811.00
Change Order Proposal 39 to Connect Utilities,
Patch Tunnels and Roof Cuts 33,310.00
Change Order Proposal 32 to Construct New North and
South End Walls 43,538.00
Change Order Proposal 33 to Install New Electrical Service 86,143.00
Prices do not include sales tax or PUD fees, if any, for new electrical service.
jm.exhBxxt
EXHIBIT C
DESCRIPTION
for
OLD EMERSON ELEMENTARY SCHOOL
That portion of the Old Emerson Elementary School building
located in Block 10, Stadium Park Addition to Pasco, Franlc-
lin County, Washington, Described as follows:
Commencing at the centerline of 18th Avenue and Nixon
Street; thence along the centerline of 18th. Avenue, N0037'07"i+?
a distance of 216.10 feet; thence S75031'07"E a distance of
108.60 feet to the Southwest corner of said School Building
and the true point of beginning; thence around the building
foundation by the following dimensions and right angles left
or right:
Continuing S75°31'07"E a distance of 76.1 feet to the South-
eEist corner; thence left 91.3 feet, left 17.3 feet, right
11.1 feet, right 5.6 feet, left 11.3 feet, right 35.0 feet,
left 25.4 feet, left 4.0 feet, right 59.4 feet, left 82.2
feet, right 9.1 feet, left 12.2 feet, right 12.1 feet to
the most Northeasterly corner of the Building; thence left
47.2 feet to the Northwest corner of the Building; thence
left 27.2 feet, left 13.5 feet, right 102.2 feet, left
32.7 feet, right 90.3 feet to the said Southwest building
corner and the true point of beginning.
6/3/99 rev.
Exhibit C
Improvements to Old Emerson School to be completed by Pasco School District for reimbursement
by City of Pasco on behalf of Boys and Girls Club.
References Description Cost
Change Order 31 Utilities restoration, patching, layout $33,310.00
(revised 6/3/99)
Change Order 32 Add end walls, finish north and
south ends
Change Order 33
Suhlotal
Contingency
Sales Tax @ 8.0%n
Construction Costs Total
Electrical work, walls
Design Services, Project Management
(revised 6/3/99)
Total Cost.
43,538.00
H— 433AQ
162,991.00
$3,000.00
165,991.00
13,279.28
$179,270.28
7,81 1.00
$187,081.28