HomeMy WebLinkAbout1260 ResolutionRESOLUTION NO. 1260
WHEREAS, the City of Pasco and the Pasco School District
are desirous to enter into an agreement which would benefit the
general health, safety, and welfare of the public and which would
educate and develop skills to school children; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council of the City of Pasco does hereby
authorize the mayor and city clerk to execute the Agreement with
Pasco School District #1, and it also approved of the form of
the agreement, a copy of the agreement is attached hereto, marked
Exhibit "A" and is incorporated herein as though fully set forth
at length.
day of
PASS -D by the/.City Council
�� Chet Bailie, Mayor
AUEST:
elyn Jells, City Clerk
of the City of :Pasco this
1979.
APP OVED AS TO FO
s 1
A z,
(r
Den is J. De FeliceCity Attorney
,
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 #1, 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°05'00" 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 corner being the
point of beginning.
The SCHOOL DISTRICT owns the following described 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°33'•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°47'43" west 391.63 feet
to the right-of-way at a proposed unamed road-; thence north
44°47'34" west 30.00 feet to the centerline of said road;
thence south 44°07'26" 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
77126'35" 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°26'35"
west 380.00 feet; thence southerly along said curve 90.22
feet; thence south 1102'47" west alone the centerline of
said proposed Horizon Drive 440.00 feet 'to the said south
line of the north half; thence south 89132'54" 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.
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These properties are located in the area commonly described
as being bordered south by Desert Plateau Drive and west'by Horizon
Drive.
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. Theseare 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, 1980. 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 nave the pedestrian easement mentioned
above and to plant trees and/or shrubs around the existing water
reservoir by October 1, 1980. 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 contemplate the SCHOOL DISTRICT constructing its
school on the north portion of the SCHOOL DISTRICT property. At the
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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.
These installations shall include all appurtenances. 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 o 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 SCFnnr.
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.
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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.
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 affect 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 is 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 property or arising
from the maintenance and operation of the reservoir site except
when associated with -a peculiarly school function.
IN WITNESS WHEREOF, the pa >;es hereto entered into this
i
agreement on this day of ���/ 1979.
PASCO SCHOOL DISTRICT #1
By:
Charles G. Andres,
President of Board of Directors
H. Jay Childers,
Secretary of Board of Directors
APPROVED AS TO FORM:
Philip M. Raekes,
Attorney for Pasco School District
CITY OFPAASSCO
B y :
Chet Bailie, Mayor
ATTEST k.
By:
Evelyn Wells, City Clerk,
APROVED AS TO FORM:,
60 S 0 . I, A
nnis J. De e I ice,
Pasco City Attorney
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STATE OF WASHINGTON)
.ss.
County of Franklin )
On this day of ,. 1979, before me,
the undersigned, a Notary Public in and for the State ofWashington,
duly commissioned and sworn, personally appeared Charles G. Andres
and H. Jay Childers, to me known to be the President of Board of
Directors and Secretary of Board of Directors, respectively, of the
Pasco School District #1, 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 LL day of , 1979, before me,
the undersigned, a Notary Publi n and for the State of Washington,
duly commissioned and sworn, personally appeared'Chet Bailie and
Evelyn Wells, to me known to be the Mayor and City Clerk, respectively,
of the City of Pasco, 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 . P in IAnd for( t.. e State of
Washington, residing at -
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