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HomeMy WebLinkAboutILA - Pasco School District for Transfer, Renovation of old Emerson Elementary SchoolINTERGOVERNMENTAL 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 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 CiWs 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 I K 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: Catherine D. Seaman Deputy District Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney George Murdock Superintendent ATTEST: 9 ti �v Tod Brandon Executive Director of Operations APPROVED AS TO FOR : tf, Kenneth B. Rice 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 r-�Ja—day of, -')*Uk-*�Q---..Y 1999. OM �i►�tAAY = Notary Public in an for the State of � 6 O Washington, Residing at: 1-*,P n rx'Lu i C- My commission expires: /T k-"Q� Ipr Iw V1 6 State of Washington ) ) § ACKNOWLEDGMENT County of Franklin ) On this day personally appeared before me GEORGE MURDOCK, Superintendent of the Pasco School District, 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 //` day of , 1999. Noary Public in ah r the State of W shinaton, Resi atv? "S ssion expires: 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 00 L4 2 EXHIBIT B Expenses related to restoration of old Emerson Elementary School A/E Fees to Revise Demolition and Restoration Plans S 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:exhB.txt 10.14 a, 11.11 11 DESCRIPTION for OLD EMERSON ELEMENTARY SCHOOL That portion of the Old Emerson Elementary School building located in Block 10, Stadium Park Addition to Pasco, Frank- lin County, Washington, Described as follows: Commencing at the centerline of 18th Avenue and Nixon Street; thence along the centerline of 18th. Avenue, N0037107"W a distance of 216.10 feet; thence S7503110711E 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 S75031'07"E a distance of 76.1 feet to the South- east 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.'l 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.