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HomeMy WebLinkAboutPasco School District Park Dev Agree McGee 02.09.1990x , A G R E E M E N T The City of Pasco, a municipal corporation under the laws of the State of Washington, hereinafter the CITY, and Pasco School District N1, a municipal corporation under the laws of the State of Washington, hereinafter the SCHOOL DISTRICT, in consideration of the mutual promises in the joint use of the property herein do agree and covenant as follows: I. The CITY owns the following described property: The west half of the northwest quarter of the southeast quarter of the northeast quarter and the east half of the northeast quarter of the southwest quarter of the northeast quarter of Section 14, Township 9 North, Range 29 East, W.M., together with that portion of land immediately adjacent to the south line of said tract and described as follows: Beginning at the southeast corner of said tract, then south 26 °05100" west 114 feet to its intersection with the north right -of -way line of Desert Plateau Drive, then northwesterly along said north right -of -way line to its intersection with the south line of the above - described tract, thence east along the south line of said tract to the southeast corner of said tract, said orner being the point of beginning. The SCHOOL DISTRICT owns the following de tcribed property: That portion of the north half of the northeast quarter of Section 14, Township 9 North, Range 29 East, W.M., Franklin County, Washington, described as follows: Beginning at the southeast corner of said north half; thence north 89 033'54" west along the south line of said north half 997.68 feet to the true point of beginning. Said point being the northeast corner of northwest quarter of the northwest quarter of the southeast quarter of the northeast quarter of said section; thence north 0 °57'16" east 478.00 feet; thence north 44 °47143" west 391.63 feet to the right -of -way at a proposed unamed road; thence north 44 °47134" west 30.00 feet to the centerline of said road; thence south 44 007'26" west along said centerline 105.76 feet to the beginning of a curve to the left having a radius of 575.00 feet; thence southwesterly along said curve 334.38 feet; thence continuing along said centerline south 77 °26135" west 26.25 feet to an intersection of said road with proposed Horizon Drive, said point being on a curve to the right, the radius point of which bears south 77 °26135" west 380.00 feet; thence southerly along said curve 90.22 feet; thence south 1 002'47" west along the centerline of said proposed Horizon Drive 440.00 feet to the said south line of the north half; thence south 89 °32154" east 30.00 feet to the right -of -way of said Horizon Drive; thence south 89 °32'54" east 645.12 feet to the true point of beginning. The above described real property shall hereinafter be referred to as the properties. These properties are located in the area commonly described as being bordered south by Desert P1aLeau Drive and west by Horizon Drive. \ -2- The CITY and the SCHOOL DISTRICT shall provide for the joint use of the above described properties as set forth herein. II. The CITY shall provide approximately 5.5 acres for joint use with the SCHOOL DISTRICT, that being approximately the north 400 feet of its property described above. That portion of the site devoted to the use and needs of the city reservoir shall not be jointly used by the parties. The SCHOOL DISTRICT shall provide at least four acres of its property described herein for joint use with the CITY. These four acres shall abut'the entire north line of the CITY'S property. The SCHOOL DISTRICT shall place any buildings it constructs for its use towards the north portion of its property so that the central area of the combined properties shall be opened for parks, recreation, and outdoor school activities. These are the joint use properties. No buildings shall be constructed by the SCHOOL DISTRICT for its use on the CITY'S property without the CITY'S written approval; nor shall the CITY construct any buildings on the SCHOOL DISTRICT'S property without the SCHOOL DISTRICT'S written approval. III. The SCHOOL DISTRICT shall complete improvements on or near the property owned by the City of Pasco by October 1, 1981. These improvements shall include but are not limited to: (a) Ground preparation, (b) An underground automatic sprinkler system, (c) Grass seeding or sodding, (d) A pedestrian easement extending west from Hillcrest Drive between Lots 10 and 11 of Block 10, Plat of Sunland Heights which will include a chainlink fence on both sides of the easement consistent with CITY regulations. The SCHOOL DISTRICT can make the above improvements to any portion of its property when deemed necessary by the SCHOOL DISTRICT. The CITY agrees to pave the pedestrian easement mentioned above and to plant trees and /or shrubs around the existing water reservoir by October 1, 1981. The CITY agrees to be responsible for the water bill for necessary irrigation water for the properties but is not responsible for any water charges for any school building. IV. The parties coritemplate the SCHOOL DISTRICT constructing its school on the north portion of the SCHOOL DISTRICT property. At the time the school is built, the SCHOOL DISTRICT shall install four basketball-game courts, two softball fields, and sufficient numbers and types of playground equipment to meet reasonably anticipated use. These items may be installed on any part of the joint use property. -3- These installations shall include all appurtenaicus. At the time the SCHOOL DISTRICT will fence its property, the SCHOOL DISTRICT shall also fence the property owned by the CITY, except the area immediately around the reservoir. V. The SCHOOL DISTRICT shall maintain the entire school and city properties described herein except the fenced area of the reservoir site. Maintenance shall include, but not be limited to, mowing, fertilizing, insect and weed control, spraying, trimming, and general upkeep of the grounds and general upkeep, repair, and painting of any appurtenant structures and recreational improvements. Any structure built by the CITY on its property shall be maintained by the CITY. VI. This agreement is to be interpreted in light of a cooperative spirit that exists between two public bodies 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 for the entire area except the fenced area of the reservoir site. The CITY Parks and Recreation Director and the Director of Administrative Services for the SCHOOL DISTRICT shall meet and discuss and agree to any improvements to the entire area except the fenced area of the reservoir site prior to any improvements being made. This shall include, but not be limited to, the entire irrigation system, the planting of grass, trees, and other landscaping materials, and the location of all of the recreation facilities and any other improvement made to the area. In the event the CITY Parks and Recreation Director and the SCHOOL DISTRICT'S Director of Administrative Services cannot agree to any item, then the City Manager and the Superintendent of Schools shall make the final decision. VII. The SCHOOL DISTRICT shall be responsible for the scheduling of all organized recreation activities on the properties, however, the CITY shall have the right to use the facilities for organized recreation activities a predominant amount of the time during June, July, and August. The SCHOOL DISTRICT shall have the right to close a reasonable portion of the area to the general public during school hours. VIII. The SCHOOL DISTRICT shall install sidewalks, where appropriate, on or along side the SCHOOL and CITY properties. These will be completed when a street is built adjacent to an appropriate sidewalk location. -4- The SCHOOL DISTRICT shall provide for sufficient off - street parking to meet the needs of its employees and normal operations. IX. This agreement shall be in effect until January 1, 2020. The parties agree that this agreement is binding on their heirs, successors, or assigns and that it is a covenant running with the land and may be filed with the records of the respective properties. X. The SCHOOL DISTRICT agrees to hold harmless, defend, and indemnify the CITY from an action or claim of any kind brought against the CITY by any person arising from peculiarly school functions. Peculiarly school functions shall include but are not limited to a student attending school, any other person coming to the school for a school purpose or to attend a school function or activity, the teaching of students, the directing of school activities and functions, the administration of the school, and the maintenance and operation of school buildings and the areas immediately surrounding the same. The maintenance of the properties not peculiarly a school function except for the maintenance of the area immediately surrounding any school building. The CITY agrees to hold harmless, defend, and indemnify the SCHOOL DISTRICT from an action or claim of any kind brought against the SCHOOL DISTRICT by any person arising from the actions of CITY officers, employees, or agents on the properties or in relation to CITY activities or functions conducted on the p operty or arising from the maintenance and operation of the reser�.oir site except when associated with a peculiarly school function. IN WITNESS WHEREOF, the parties hereto en ered into this agreement on this�"rlAy day of 1960. PASCO SCHOOL DISTRICT #1 CITY OF PASCO By: C -4- U Q./lr B} Bette Ward, President of Board of Directors _ �/)� A7 BY•__'L)� c , '� Q "1_ B3 Roy D ncan, Secretary of Board of Directors ROVED AS TO APP,tOVED AS TO FORM — ,►AIL /1�. /j p M. Raekes, Dennis J. De Fe ce, City Attorney Attorney for Pasco School District -5- STATE OF WASHINGTON) :ss. County of Franklin ) On this day of , 1980, before me, the undersigned, a Notary Public in an or the State of Washington, duly commissioned and sworn, personally appeared Bette Ward and Roy Duncan, to me known to be the President and Secretary of the Board of Directors for the Pasco School District, respectively, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at STATE OF WASHINGTON) :ss. County of Franklin ) On this ;4 day of 1980, before me, the undersigned, a Notary Publ ic;. n d for the State of Washington, duly commissioned and sworn, per onally appeared Chet Bailie and Evelyn Wells, to me known to be the Mayor and City Clerk of the City of Pasco, respectively, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal year first above written. the day and of Washington, iesidin4 at i SUB - AGREEMENT FOR PLAYGROUND EQUIPMENT AT MCGEE SCHOOLPLAYGROUND AUG 1 1990 This Agreement is made and entered into between the CITY OF PASCO, a municipal corporation of the state of Washington, herein- after called "City", and the PASCO SCHOOL DISTRICT NO. 1, a munici- eal corporation of the state of Washington, hereinafter called School District ". R E C I T A L S: The City and the School District are parties to an agreement dated July 7 „ 1980 providing for the development of certain property with buildings, playground, and other parks and recreation facilities, and a reservoir site. This agreement shall hereinafter be referred to herein as "the Agreement ". The City is desirous of completing the development of the park property with a sufficient number and types of playground equipment to meet the reasonably anticipated use of the neighbor- hood. However, both parties recognize School District budget con- straints limit the School District's present ability to finance the playground improvements; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND IN THE AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. The City to take primary responsibility for supervising this project. The City agrees to provide a plan that includes: a) a description of the work to be undertaken b) an estimated budget, and c) a site diagram of the work to be performed Equipment and other improvements will be determined and sited according to paragraph VI. of the Agreement 2. The City agrees to initially finance the purchase and installation of playground equipment and tomake other area improve- ments conducive to neighborhood park development at the "joint use" property specified in the Agreement. 3. The City agrees to notify the District of any changes it the estimated cost of completion for this project, and to give the District right of approval of any changes that would increase the cost of this project by more than One Thousand Dollars ($1,000.00). G 4. The District agrees to pay to the City the sum of Five Thousand Dollars ($5,000.00) not later than ninety (90) days following the District approval of the City plan (outlined in no. 1 above) . 5. The District further agrees to reimburse the City for the balance of the City's actual expenses in purchasing and installing the aforementioned equipment and improvement by making installment payments of Five Thousand Dollars ($5,000.00) per year not later than November first (1) of each succeeding calendar year. 6. No interest shall accrue on the deferred balance if timely made by the District. DATED THIS 0 DAY OF��, 1990. PASCO^SCEOOL DISTRICT NO. 1 LS McGEE SCHOOL/PARK 1990 IMPROVEMENTS 1. Description The improvements shall include the following: * Playground - S.W. Corner * Trees * Tables, benches, litter containers * Relocate small portion of S.W. fence and install sign 2. Budget Playground $17,000 Trees rW Tables, benches, litter containers 1,500 Sign 1.000 TOTAL $20,000 In-v -ta" pnp-K -1 Nl £XIS'tl w S Oil BALL NEw `reEES TABLES � 6 El.1GH gS N e vJ RAY6 RouND 00 0 09 ExiS71N6 — p(.�,YGRauND EXfST IN C- SOCCEP, FIELAS r�E`w s1 G� G I-rY WATE R RESERvoiR ff