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HomeMy WebLinkAbout10152007 Pasco School District Edgar Brown Stadium Parking Areas AGREEMENT BETWEEN THE CITY OF PASCO AND PASCO SCHOOL DISTRICT NO. l �w THIS AGREEMENT, dated this I C:- _ day of Cc66er— 2007 by and between the City of Pasco Washington, a municipal corporation of the State of Washington (hereinafter referred to as "City"), and the Pasco School District No. 1, a Special Purpose District of the State of Washington (hereinafter referred to as "District"), for the purpose of sharing costs associated with improvements to Edgar Brown Stadium's associated parking areas. WHEREAS, Edgar Brown Stadium, owned by the District, is a facility that attracts substantial numbers of visitors to the Pasco community to participate in and/or observe various athletic events, such as state high school track, football and soccer as well as the annual Cavalcade of Bands and other musical exhibitions; and WHEREAS, the stadium facilities are being upgraded and expanded by the District so as to accommodate use by both high schools of the District, commencing in 2009; and WHEREAS, additional parking is needed to accommodate the expanded usage as well as to improve the District's ability to sustain the number and variety of state high school and other events occurring at Edgar Brown Stadium; and WHEREAS, the local economic benefits of the various events conducted at the stadium, through visitor expenditures at a wide variety of commercial establishments throughout the city, are substantial; and WHEREAS, the improvement plan for the stadium and its projected construction cost was prepared more than two years ago to be included in the construction bond levy submitted to and approved by the voters of the District; and WHEREAS, construction costs, particularly for asphalt and concrete, both of which are major elements of the stadium improvement project, have escalated dramatically over the past two years, resulting in a shortfall between the amount approved by voters and the current cost of constructing the improvements; and WHEREAS, the District's parking improvements on the east side of the stadium will also complete and improve a dead-end street and connecting alleyway, the result of which will improve emergency access in that vicinity as well as reduce congestion previously created by on- street parking, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Section 1. Improvements. The District intends to install at Edgar Brown Stadium those off-street parking and associated improvements depicted in Exhibit "A" attached hereto and by reference incorporated herein. Such improvements are expected to be completed by the District not later than September 1, 2009. Section 2. Events. The District shall carry out all reasonable efforts within its authority to sustain the use of Edgar Brown Stadium by Washington Interscholastic Athletic Association (WIAA) for annual track, football and soccer events. In addition, the District shall strive to expand and/or add WIAA commitments for use of Edgar Brown Stadium for other events which will generate substantial visitors to the Pasco community. Notwithstanding any other provision of this Agreement, this Section 2 shall remain in full force and effect for ten (10) years from the date of payment by City, as provided in Section 3. Section 3. Payment. City shall pay to the District the sure of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000), in compensation for the District's improvement of Hassalo Street, the alley extending north from Sylvester Street and the off-street parking area east of Edgar Brown Stadium as well as the economic stimulus for local businesses and associated local tax benefits generated by visitor spending for lodging, meals and other local goods and services. Such payment shall be made by the City within 30 days only after receipt of invoice from District and completion of the parking improvements, as evidenced by City inspection and approval. Section 4. Term. Except as expressly provided in Section 2, above, this Agreement shall automatically terminate upon payment by the City as contemplated in Section 3 or upon expiration of three(3) years from the effective date thereof, whichever event occurs first. Section S. Interlocal Agreement Provisions. This Agreement is authorized pursuant to RCW 39.33.030 permitting public agencies to enter into agreements with one another for joint or cooperative action. The duration of this Agreement shall be that time necessary to complete the improvements provided in Section 1 above. The improvements to city streets and alleys improved by the District shall remain the property of the City upon termination of this Agreement. It is not intended that a separate legal entity shall be established to conduct the cooperative undertakings nor is the acquiring, holding or disposing of real or personal property anticipated; nor is there a need for any special budget or fund to be created. For the purpose of this Agreement, the City Manager of the City of Pasco, and the District Superintendent of the Pasco School District No. 1, or their respective designees, shall be responsible for the administration of these cooperative undertakings. Section 6. General Provisions, This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, resolution shall be by presentation to the City Manager and the District Superintendent as co-administrators of the cooperative undertaking. In the event the co-administrators are unable to resolve the dispute, the matter shall be submitted to binding arbitration in Pasco, Washington, by a mutually agreed arbitrator or one selected by Franklin County Superior Court pursuant to RCW 7.04A, which procedure shall govern the arbitration. Section 7. Indemnification. The District shall defend, indemnify and hold harmless the City, its officers, employees, and agents from any and all costs, claims,judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the District, or its agents, employees or officers in the performance of this Agreement. Edgar Brown Stadium Agreement between The City of Pasco and The Pasco School District Page 2 Section S. Authority for Execution. Each of the parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. DATED this day of 2007 CITY OF CO PASCO SCHOOL DISTRICT NO. 1 Gary tehfield Saundra Hill City anager Superintendent ATTEST: prjn4 1"n w n Sandy Ken rthy Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Edgar Brown Stadium Agreement between The City of Pasco and The Pasco School District Page 3