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HomeMy WebLinkAboutPasco School District Master Park Dev Agree Schedule 1-3 06.08.04111 Page: 5850 WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasc �M" WA 99301 �� �1 �' �-I`✓"�n� -1� �� � ,ttvw��. r � �rJ �'� �',� - � b b ;� � uk.t t MASTER INTERLOCAL COOPERATION AGREEMENT FOR THE DEVELOPMENT OF JOINT PLAYGROUND AND PARK FACILITIES BETWEEN CITY OF PASCO, WASHINGTON, AND THE PASCO SCHOOL DISTRICT NO. 1 THIS AGREEMENT is made and entered into this 9Aday of J ;� ,v , 2004, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and the Pasco School District No. 1 of the County of Franklin, State of Washington, hereinafter referred to as "District. " WITNESSETH WHEREAS, the City and the District are mutually interested in supporting adequate programs for the community in the areas of athletics, recreation and education; and WHEREAS, the City and the District are authorized pursuant to RCW 39.34 to enter into agreements with each other and to take actions necessary to meet their respective obligations to provide for the welfare of the respective citizens and students; and WHEREAS, the City and the District have recognized over many years that through cooperation the joint or adjacent uses of City parks with school playgrounds can be used to meet broader community needs for education, recreation and the enjoyment of open spaces; and WHEREAS, the City and the District have established a practice of developing park sites immediately adjacent to school playgrounds and providing for the joint use and enjoyment of these adjoining properties; and WHEREAS, the joint administration of these properties may result in a significant decrease in the cost of their individual ownership and maintenance; and WHEREAS, it is the intent of the City and the District to create a Master Master Interlocal Cooperation Agreement City of Pasco/Pasco School District No. 1 - 1 ' I'I� iI Page: 2 of 9 06/11/2004 145850 09:17A PASCO CITY OF AGREE 27.00 Franklin Co, WA Agreement governing the terms and conditions generally applicable to the joint utilization of the adjacent playground and park facilities and provide a procedure for the incorporation of future joint playground and park facilities by attaching additional schedules to this Master Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and the District agree to cooperate with each other in carrying out the above - stated purposes as follows: SECTION I PURPOSE Pursuant to RCW 39.33.060, the City and the District are authorized to contract for the use of property for park or recreational purposes. The purpose of this Agreement is to provide a procedure for the ownership, development and maintenance of adjacent school playgrounds and City park and recreational facilities pursuant to a Master Agreement governing the general terms and conditions of such joint use and enjoyment of these premises and applying such conditions to the specific projects which are attached as schedules to this Agreement. SECTION II SCHEDULE OF FACILITIES The City and the District may after the date of this Agreement, identify joint playground and park facilities which will be attached to this Agreement by schedules containing: A. A site plan drawing identifying the location of each parcel (including legal description thereof) and the respective ownership or leasehold interest held by the District and the City and showing the anticipated improvements to be located thereon; B. Division of development or responsibilities provided for the grading, site preparation, installation of irrigation systems, landscape planting and the installation of recreational equipment; C. Allocation of maintenance responsibilities for the maintenance of all turf, trees and plant materials and providing for irrigation monitoring and repairs, mowing, fertilization, weed control, spraying, trimming and general upkeep of the grounds, pathways, play structures and improvements; D. Allocation of water costs; and E. Schedule for completion. Master Interlocal Cooperation Agreement City of Pasco /Pasco School District No. 1 - 2 1545850 11111111111111111111111111', 06%11/2004 09:17A PASCO CITY OF AGREE 27.00 Franklin Co, WA SECTION III SCHEDULING The City and the District agree to develop a joint schedule for use of the premises for scheduling organized recreational activities with the District having primary scheduling rights for those periods during school hours during the regularly scheduled school year and the City having preference for organized recreational activities before and after school hours and during the months of June, July and August during the school summer vacation. District shall have the right to close a reasonable portion of the combined facilities to the general public during school hours. SECTION IV IMPROVEMENTS It is agreed that the placement, removal or replacement of all structures and improvements upon the premises shall be mutually agreed and scheduled by the parties prior to any installation thereof. SECTION V PARK RULES The City and the District may jointly promulgate site specific rules and regulations consistent with the District and City's ordinances, policies and resolutions to promote the safety and welfare of all those who will be utilizing the facility. Any conflict or inconsistency between District or the City's rules shall be resolved pursuant to the Conflict Resolution provision provided in Section X below. SECTION VI TERM This Agreement shall commence upon the date of execution and continue for a period of ten (10) years hereafter. The term of this Agreement shall be automatically renewed for additional five -year terms unless either party hereto notifies the other in writing of its intent not to renew at least 180 days prior to the end of the term. Either party may terminate this Agreement, with or without cause, by providing the other written notice 180 days in advance of the intended date of termination. SECTION VII OWNERSHIP AND IMPROVEMENTS UPON TERMINATION Upon termination of this Agreement, ownership of all improvements, structures and recreational facilities placed upon the respective premises, shall remain the property of the owner or leasehold interest holder of the premises upon which such improvement is placed. Master Interlocal Cooperation Agreement City of Pasco /Pasco School District No. 1 - 3 n�I��NNII��IN Nlu�u�ll;;`458g0 „a SECTION VIII 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 out of or in any way resulting from negligent acts or omissions of the City, its officers, employees or agents in the performance of this Agreement. 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 negligent acts or omissions of the District, its officers, employees or agents in the performance of this Agreement. The City and the District shall each either maintain commercial comprehensive general liability policies or shall maintain self - insurance liability coverage. SECTION IX INTERPRETATION This Agreement is to be interpreted in light of the cooperative spirit that exits between two public bodies in seeking to benefit the general health, safety and welfare of the public and to educate and develop skills in school children. To that end, the parties shall seek mutual design and site planning and maintenance of the entire area covering these adjacent properties. Designated representatives of the City and District shall meet to discuss and agree to any improvements to the joint use site prior to any improvements being made. SECTION X CONFLICT RESOLUTION In the event the City and District's representatives cannot agree in regards to the development and improvement, maintenance or modification of the joint facility, the City Manager and the District Superintendent shall make the final decision. If either party believes that the other party is not fulfilling the . performance obligations established by this Agreement, that party shall give written notice of its complaint to the other. The party receiving the complaint shall within thirty (30) days deny the complaint, correct the situation and/or respond in writing, explaining the mitigation circumstances or why a remedy cannot be achieved. If the City Manager and the District Superintendent are unable to resolve the complaint, the complaint shall be resolved by arbitration by mutually agreed arbitrator, or in the event the parties are unable to agree on an arbitrator, one will be selected pursuant to Master Interlocal Cooperation Agreement City of Pasco/Pasco School District No. 1 - 4 1645850 II�I� Page: 5 of 9 05/11/2004 09:17A PASCO CITY OF AGREE 27.00 Franklin Co, WA Local Mandatory Arbitration Rule 2.3 by the Court Administrator for the Franklin County Superior Court. Venue for such arbitration shall be placed in Pasco, Washington, and the prevailing party may be awarded its reasonable attorney fees and costs as a part of the arbitration award. SECTION XI INTERLOCAL COOPERATION ACT PROVISIONS The financing of the recreational facilities, improvements and maintenance of these cooperative undertakings to each of their respective portions of the premises shall be the responsibility of the City and District. 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 XII APPLICABLE LAW 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, 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 XIII 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. IN WITNESS WHEREOF, the parties have executed this Agreement in Pasco, Washington, on the day and year first written above. Master Interlocal Cooperation Agreement City of Pasco/Pasco School District No. 1 - 5 ���IIOI� V L�NIA� �,�r458 � °gym CITY rASC "ASHINGTON PASCO SCHOOL DISTRICT NO. 1 Acfi d Saundra L. Hill Superintendent STATE OF WASHINGTON ) ss. County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, to be 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. xp� rr ler,.my hand and official seal this of , y �4P 2004. TAR k NOTARY PUBLIC, i and for State of Washington (A Pugh \c' �b p Residing at: ��, , �� CH 15,2 °° � My Commission Expires: Og wAsN`� STATE OF WASHINGTON ) ss. County of Franklin 1 On this day personally appeared before me SAUNDRA L. HILL, Superintendent of the Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this' day of zabay 2004. aOP �. D,gVj NO PUBLI 'n and for the State of Washington �pSAR y Residing at: lLS Cf�� My Commission Expires: �°'U81.1f'Qpo '� �p 9?� GpV3t �� ti d ASN�e�► Master Interlocal Cooperation Agreement City of Pasco /Pasco School District No. 1 - 6 ISN�uINIINUI�INW'111u111XIXNA aa45850 SCHEDULE 1 Road 84 (Maya Angelou) School Ground and Park This Schedule provides for the development and maintenance of the Road 84 (Maya Angelou) school ground and park located north of Sandifur Parkway on the east side of Road 84 in the City of Pasco, Washington, under the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. 1. 1. Site Plan. The Site Plan, which is attached hereto as Exhibit A, identifies and legally describes the property of the respective parties and the areas of development and improvements contemplated for the joint facility. 2. Development Responsibilities. The City agrees to develop approximately three (3) acres for joint use with the District as designated on the above Site Plan, and the District agrees to develop approximately five (5) acres for joint use with the City as designated on the Site Plan above. District is currently constructing an elementary school on the north portion of its property and, will in conjunction with such construction, complete its improvements. City intends to complete improvements on its property beginning in the fall of 2004 with completion by the spring of 2005. The parties agree to consult with each other regarding any changes of the development plan or scheduling as identified in the Site Plan above. 3. Maintenance. Following the completion of the improvements, the District shall be responsible for maintaining all turf, trees and plant material on the jointly developed site. District further agrees to provide for irrigation monitoring and repairs, mowing, fertilization, weed control, spraying, trimming and general upkeep of the grounds. Provided, however, that the City agrees to be responsible for the pruning of trees on the south three (3) acres of the site. The City further agrees that it shall be responsible for providing trash pickup and collection and for maintaining all paths, play structures, fountains, tables, shade structures and other hardware installed in the jointly developed area. With the exception of expense for water use, each party shall bear all expenses necessary for the upkeep of the premises as provided above. Each party agrees to be responsible for the repair and maintenance of any sign erected by it for identification purposes. 4. Water Use. Each party agrees to pay a pro -rata share of the cost associated with providing irrigation water necessary to maintain the premises. Such payment shall be in proportion to each party's ownership of irrigated property. 5. Effective Date. The effective date of this Schedule shall be the 25th day of May 2004. Schedule I - 1 I 5,45850 PAS II I�I� 6 Page: 1/2004 09:17A CO CITY OF AGREE 27.00 Franklin Co, WA 6. Terms and Conditions. Unless specifically designated below, all remaining terms and conditions of the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. 1 shall apply to this project. DATED this 25th day of May , 2004. Schedule 1 - 2 PASCO SCHOOL DISTRICT NO. 1 Saundra L. Hill ' Superintendent Schedule 1 - Exhibit A COURT 503.7 TCC - 5 5.7 TCC 6.2 FP—A-- _ 544.a tih TC \ r oz. j:::: • • e x¢c P cc 2.3 \ 5 X 5 FCC.. !Cy 'O 'O r \ S% r CC O Z DERUIV NEW ROAD 64 .E (T1 DRIVE 7 TC ELEMENTARY SCHOOL � r G' FF ELEV. 507.0 C) z 2 D S 0. C il � 5 ! s V1 Ia rc N I plM I sD z . Tc - TRUEB II NIN v 'fi ... �..: 0 •O '• PACKARD DRIVE ; •(•, 0. Ln 1 HZ co Kr N v NAZI 1 DRIVE wt cum \ —I nor • •y {!;�.+{ : :)q9B' :• �� 4. } .:y �:,w• :p'ix.: '.997•:'.'.,. PC o . N W. •M W 5, ,r` O >I F— DESOTO m DRIVE TWO O_ PRINTED RYr RnhS nn n5 1717 t799 RA1 Consultants, Inc. Architects & Engineers, Kennewick, WA CITY OF PASCO NEW ROAD 84 SCHOOL AND PARK SITE PROJ No 7616.030 DATE: 0 BY: RWS CHKD PA D L© 2003 SCM Consultants, Inc. 11:43 15.06s (LMS Tech) 10/16/03 1 OF 1 DWG No CAD FILE NAME: 7616C01a.DWG__] WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3`d Pasco WA 99301 SCHEDULE 2 KURTZMAN PARK AND SCHOOL GROUND AN ATTACHMENT TO MASTER INTERLOCAL COOPERATION AGREEMENT FOR THE DEVELOPMENT OF JOINT PLAYGROUND AND PARK FACILITIES BETWEEN CITY OF PASCO, WASHINGTON AND THE PASCO SCHOOL DISTRICT NO. 1 RECORDED AS FILE NO. 1645850 IN THE FRANKLIN COUNTY AUDITOR'S OFFICE This schedule provides for the development and maintenance of the Kurtzman Park and Elementary School Ground located on East Lewis Street at Wehe in the City of Pasco, Washington, under the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. 1. 1. Site Plan. The Site Plan, which is attached hereto as Exhibit A, identifies and legally describes the property for the respective parties and the areas of development and improvements contemplated for the joint facility. 2. Development Responsibilities. The City has developed and currently maintains an approximate 7 acre park (Kurtzman Park) located south of the school site. The District has purchased approximately 5 acres adjacent and north of the park. The District agrees to redevelop approximately 2.5 acres (Area 3) of park property for joint use by the District and the City, as designated on the site plan. District also agrees to develop approximately 1.3 acres (Area 4) of unimproved property, which is owned by the City, for drainage use. District is currently constructing an elementary school on its property, and, will in conjunction with such construction, complete its improvements. All parties agree to consult with each other regarding any changes of the development plan or scheduling as identified in the site plan above. 3. Maintenance. Following the completion of the improvements, the District shall be responsible for maintaining all turf, trees and plant material in the areas adjacent to the school, as shown on the site plan, including Area 1. District further agrees to provide for trimming, irrigation monitoring and repairs and to pay the cost of water required to irrigate the soccer field area (Area 2) as shown on the site plan. District shall provide weed control services, as required, on the combined school ground and park property. City agrees that it shall be responsible for Schedule 2 - 1 turf maintenance, mowing, and fertilization for the soccer field area (Area 2) and for maintenance, mowing, fertilization and irrigation of all other turf areas not described above, including the Park and Areas 3 and 4. The City will coordinate with the District as required on its turf mowing and irrigation schedule. Each party agrees to be responsible for providing trash pick -up and collection and for maintaining all paths, play structures, fountains, tables, shade structures and other hardware installed by them in the joint use area. Each party agrees to be responsible for the repair and maintenance of any signage erected by it for identification purposes. 4. Effective Date. The effective date of this Schedule shall be the 77 day oQQ, 2004. 5. Terms and Conditions. Unless specifically designated below, all remaining terms and conditions of the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington and the Pasco School District No. I shall apply to this project. STATE OF WASHINGTON ) ss. County of Franklin ) PASCO SCHOOL DISTRICT NO. 1 4aundra L. Hill Superintendent On this day personally appeared before me GARY CRUTCHFIELD, City Manager of the City of Pasco, Washington, to be 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. r G v hand and official se this day of DZ94u-Z00--2004. EXP(R FS p,AY Z NOTARY PUBLI in and for z tate of Washington ®i O� .0 „ Residing at: � My Commission Expires: c� Sr MARLQ��' TE OF i Schedule 2 - 2 STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me SAUNDRA L. HILL, Superintendent of the Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GWEN under my hand and official seal this 7th day of January , 200& 2005 NOTAR PUBLIC in and for the State of Washington Residing at: Pasco, WA OP F. pA Vas My Commission Expires: 8 -30 -06 ON try p�P r apT AR y PUB� x-C'oo �O GQUST F W ASS Schedule 2 - 3 U Zy Q �C Z U� "Exhibit A" 0 w =: w o J a _ _— _— ___-- ________— _— _____------------------ � Z ___ __ - fn MW7r d OD Zi _ _ C �f I I u I 0 n i `Q m 22 1 i X I M ,f M � M ! � 1111�YYYYIIII fi i � i Q -- s'Alt i I W L5 I d EL 66£ c �\ ' SOS. ti54 j I W ttl I 9 r- 1' `D ROAD 60 & THREE RTVERS DR. (BARBARA MCCLINTOCK STEM ELEMENTARY) SCHOOL GROUND AND PARIS an attachment to Master Interlocal Cooperation Agreement for the development of Joint Playground and Park Facilities between City of Pasco, Washington and the Pasco School District No. 1 Recorded as File No. 1645850 in the Franklin County Auditor's Office This Schedule provides for the development and maintenance of the road 60 & Three Rivers Drive (Barbara McClintock Stem Elementary) school ground and park located north of Sandifur Parkway on the west side of Road 60 and south of Three Rivers Drive in the City of Pasco, Washington, under the blaster Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. 1. 1. Site Plan. The Site Plan, which is attached hereto as Exhibit A, identifies and legally describes the property of the respective parties and the areas of development and improvements contemplated for the joint facility. 2. Development Responsibilities. The City agrees to develop approximately five (5) acres for joint use with the District as designated on the above Site Plan, and the District agrees to develop approximately eight (8) acres for joint use with the City as designated on the Site Plan above. District is currently constructing an elementary school on the south portion of its property and, will in conjunction with such construction, complete its improvements. City intends to complete improvements on its property beginning in the fall of 2015 with completion by the spring of 2016. The parties agree to consult with each other regarding any changes of the development plan or scheduling as identified in the Site Plan above. 3. Maintenance. Following the completion of the improvements, the District shall be responsible for maintaining all turf, trees and plant material on the jointly developed site. District further agrees to provide for irrigation monitoring and repairs, mowing, fertilization, weed control, spraying, trimming and general upkeep of the grounds. Provided, however, that the City agrees to be responsible for the pruning of trees on the north five (5) acres of the site. The City further agrees that it shall be responsible for providing trash pickup and collection and for maintaining all paths, play structures, fountains, tables, shade structures and other hardware installed in the north five (5) acre area. With the exception of expense for water use, each party shall bear all expenses necessary for the upkeep of the premises as provided above. Each party agrees to be responsible for the repair and maintenance of any sign erected by it for identification purposes. 4. Water Use. Each party agrees to pay a pro -rata share of the cost associated with providing irrigation water necessary to maintain the premises. Such payment shall be in proportion to each party's ownership of irrigated property. Schedule 3 - 1 5. Effective Date. The effective date of this Schedule shall be the day of z,.tt , 2014. 6. Terms and Conditions. Unless specifically designated below, all remaining terms and conditions of the Master Interlocal Cooperation Agreement for the Development of Joint Playground and Park Facilities Between City of Pasco, Washington, and the Pasco School District No. I shall apply to this project. DATED this .3ASN- day of 2014. CITY OF PASCO, WASHINGTON Stan Strcbel - Acting City Manager STATE OF WASHINGTON County of Franklin PASCO SCHOOL DISTRICT NO. 1 K Saundra L. Hill - -- Superintendent On this day personally appeared before me, Stan Strebel, Acting City Manager of the City of Pasco, Washington, to be 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. �arrrt�®! GIVEN under my hand and official •cal this _ day of , 201 � ` L !!ek ✓''�- ��' � •' {�ISJ~I(f .� dap • NOTARY PUBLIC in an for he State 1 Washing n ;' NO ?,. M My Commission Expires:! �=�, ARP ino ZM ;e s• * �o STATE O County of Franklin HINGTON 'i ® ®'�(,, On this day personally appeared before me SAUNDRA L. HILL, Superintendent of the Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act cl•'+IVtit41t for the uses and purposes therein mentioned. �.` ¢tE ►ry to,f _ P GIVEN under my hand and official seal this !W, day of 7SU , 2024.; � e or NO�'.1!'A` ivLmY Pn- U�vin3LIC in and for tYhe State of Washington �,a�`'�,,e?� My C;,r,t:,tsstor. LA»ylri5. I I I iiii�iil \ \\ r',Alp' Schedule 3 - 2 9arOara McClintock Stem Elementary School ]6/26/20111 U DO :1- 7- TI Emb9bit A"ul) OD I+ M= CJD C) 0 CO C-) 1 i W. I F I+ -< pro pot no, 13V 0__ L AN-D PARK `Vr ___ _��cj� � o cos- 7s3 -��a