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HomeMy WebLinkAboutR-2008-079 West Valley Park - Property TransferRESOLUTION NO. R-2008-79 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Transfer Agreement" and all other documents necessary to accept title conveyance for the West Valley Community Park from Yakima County to the City of Yakima. WHEREAS, the City of Yakima operates and maintains an extensive parks system and conducts substantial recreation programs; and WHEREAS, since 1984 the City of Yakima has had a formally adopted Comprehensive Parks and Recreation Plan and currently has the 2006-2011 Parks and Recreation Comprehensive Plan for future parkland acquisition; and WHEREAS, Yakima County asked the City of Yakima to take over the West Valley Community Park, since it was annexed into the City Limits; and WHEREAS, the Yakima City Council approved maintenance of the West Valley Community Park in 2006; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the "Transfer Agreement" with Yakima County to accept title conveyance for the West Valley Community Park to become part of Yakima's extensive parks system, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Transfer Agreement" between the City of Yakima and Yakima County, and all other documents necessary to accept title conveyance for the West Valley Community Park from Yakima County to the City of Yakima including a Memorandum of Agreement with the West Valley School District in regard to maintenance at the Park subject to final provisions the City and the School District work out. ADOPTED BY THE CITY COUNCIL this 13th day of May, 2008. nretRES NO. R-10611-79 WW Valley Pah-Property Transfer Davis dier, Mayor • INTERGOVERNMENTAL LAND TRANSFER AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITY OF YAKIMA Regarding Ownership, Operation and Maintenance of West Valley Community Park This Agreement is made and entered into this day by and between the City of Yakima, hereinafter called the "City" and Yakima County, hereinafter called the "County." WHEREAS, due to annexations which have occurred since the County acquired the property, the West Valley Community Park ("Park") is now entirely within the City of Yakima; WHEREAS, due to loss of tax base to the City from annexation, the County on March 28, 2006 offered the Park to the City to own, operate and maintain; WHEREAS, on May 24, 2006 the City responded to the County's offer so that ownership and management was arranged for further discussion during the development of the City's 2007 Fiscal Budget; WHEREAS, the City as part of its comprehensive plan development identified a need for additional parks and open space, including providing more recreation facilities and programs; WHEREAS, the City in its 2007 Adopted Budget included funding for operation and maintenance of the Park; WHEREAS, the County, under the authority of RCW 36.89.050, Yakima County Code Title 11, and other federal, state and county laws, has acquired and developed the Park, consisting of four parcels' referred to as the west, middle west, middle east and east parcels which is known as the "West Valley Community Park," identified in Exhibit A and legally described in Exhibit B; WHEREAS, the first three parcels are solely County -owned and the fourth (east parcel) is co - owned with the West Valley School District and not part of this agreement; WHEREAS, the County desires to divest itself of ownership, management, and financial responsibility for. the Park; WHEREAS, the County is legally restricted from altering the Park's current use without expending funds to replace converted Park land in accordance with Recreation and Conservation Office Agreements (formerly the Interagency Committee for Outdoor Recreation); WHEREAS, given the legal restrictions regarding conversion of the Property, its marketability is limited and, as a result, the cost of operating the facility is approximately equal to its value to the County; Parcel Numbers 181329-33403, 181329-33005, 181329-34009 and 181329-34404. Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 1 WHEREAS, the City has indicated a willingness to take ownership of the Property and to continue to operate and maintain the facility for the recreational benefit of the community, including both City and County residents; WHEREAS, it is in the best interest of the public that the City and the County take the actions necessary to meet those objectives, to cooperate together to ensure a smooth transition and to avoid service interruption; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration; the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Conveyance of Title 1.1 Within thirty (30) days of execution of this Agreement, Yakima County shall convey to the City by deed all its ownership interest in the West Valley Community Park, consisting of three parcels described more fully in Exhibit A and Exhibit B. 1.2 The City has reviewed the Project Agreements for (i) Project No. 98-1051D in the amount of $502,764, and; (ii) Project No. 00-1015D and Project No. 00-1015R (Amendments 1 and 2) in the amount of $37,350 between Yakima County and the Recreation and Conservation Office (formerly the Interagency Committee for Outdoor Recreation) for funding the development of the Property and agrees it shall execute an amendment to the Project Agreements substituting the City for the County as the "contracting Party" in the Project Agreements so that the City shall become the "Project Sponsor". The City shall execute these amendments within fifteen (15) working days of execution of this Agreement. 1.3 The City has reviewed the Project Agreement with the United States Department of Commerce, Economic Development Administration grant, for the development of West Valley Community Park, Phase 1. The City agrees the Property shall remain for use as a public park, recreation or open space, maintained in the public domain in perpetuity. 1.4 All deeds shall also contain the following specific covenants pertaining to use which shall run with the land for the benefit of the County and the County property that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants which are as follows: "The City covenants that the Property shall continue to remain in perpetuity for park or recreation purposes unless other equivalent lands or facilities within the County or the City are received in exchange therefore and the replacement lands or facilities are used in perpetuity for park or recreation purposes." "The City covenants that it will not limit or restrict access to and use of the Property by non - City residents in any way that differs from City residents. The City covenants that if differential fees for non -City residents are imposed, they will reasonably relate to the cost Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 2 • • • • • borne by City taxpayers to maintain, improve or operate the Property for parks and recreation purposes." "The City covenants that it shall place the preceding covenants in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses." "The City covenants that it will maintain the design of the Property for flood control purposes which takes into account excess runoff from Wide Hollow Creek. Any changes made to the Property such as development of Phase III shall protect the Property's floodplain functionality." 1.5 The Deeds shall contain a statement that the County transfers any existing water rights claims concerning the Property to the City. 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. 3. Conditions of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements and Recreation Services. 3.1 The City has inspected and knows the condition of the Property and agrees to accept the Property- in "AS IS" condition, and to assume full and complete responsibility for all operations, maintenance, repairs, improvements and provisions for recreational services at the Property. 3.2 The County does not make any warranties, and specifically disclaims any warranties, express or implied, including any warrant of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of Yakima County is authorized to provide otherwise. 3.3 The City acknowledges and agrees that the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County, except as specifically provided in Section 5 (Indemnification and Hold Harmless) or Washington law. 4. Environmental Liability 4.1 The City accepts transfer of title to the Park in "AS IS" condition. 5. Indemnification and Hold Harmless 5.1 The County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 3 suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of the County, its officers, agents and employees, in performing its obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred prior to the effective date of conveyance of the Property to the City, except to the extent that indemnifying or holding the City harmless is limited by Section 4 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City, or the City and the County, the County shall defend the same at its sole cost and expense and, if final judgment is rendered, or damages awarded, or other final settlement against the City and its elected officials, officers, agents and employees' or jointly against the City and the County and their respected elected officials, officers, agents and employees, the County shall satisfy the same including all chargeable costs and attorney fees in accordance with Washington law. 5.2 In executing this Agreement, the County does not assume. liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costsand attorney's fees, in accordance with Washington law. 5.3 The City shall indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City or its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Property that occurred on or after the effective date of conveyance of the Property to the City, except to the extent that indemnifying or holding the County harmless is limited by Section 4 of this Agreement. In the eventthat any ,suit based upon such a claim, action, loss or damage is brought against the County, or Yakima County and the City, the City shall defend the same at its sole cost and expense and, if final judgment is rendered against the County and the City and their respective officers, agents and employees, the City shall satisfy the same including all chargeable costs and attorney fees in accordance with Washington law. 5.4. Each party to this Agreement shall promptly notify the other of any and all claims, actions, losses or damages that arise or are brought against that party relating to or pertaining to the Property. 5.5 Each party agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiations, hereby waives, with respect to the other party only, any immunity that is otherwise available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. . Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 4 • • • • • 6. Audits and Inspections 6.1 Until December 31, 2012, any of either party's records related to any matters covered by this Agreement not otherwise privileged are available for inspection, review, and/or audit by either party at the requesting party's sole expense. Such records are available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any breach or any term or condition of the Agreement shall not waive any prior or subsequent breach. No term or condition is waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 8. Entire Agreement and Modifications 8.1 This Agreement and its Exhibits sets forth the entire Agreement of the parties with respect to the subject matter. The parties may supplement the agreement by addenda or amendments, when agreed upon by both parties in writing. The parties shall attach copies of such addenda and amendments and by this reference made a part of this Agreement as though fully set forth herein. 9. Duration and Authority 9.1 This Agreement shall become effective upon signature and authorization by both parties and on the filing of copies with the County Auditor's office and the City Clerk's office. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance and shall continue in force unless both parties mutually consent in writing to termination. 10. Severability 10.1 If any term or provision of the Agreement is declared invalid orunenforceable, the remainder of this Agreement remains and enforced to the fullest extent permitted by law. Further, the parties shall negotiate in good faith regarding amendments to this Agreement that would effectuate the intent of the any provision held invalid or not enforceable. 11. No Third -Part Beneficiary 11.1 Nothing in this Agreement is intended to create any rights in any entity not a part to this Agreement nor is any considered a third party beneficiary to this Agreement. Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 5 12. No Public Official Liability 12.1 No provision of this Agreement nor any authority granted by this Agreement is intended to create or result in any personalliability for any public official or agent of a party, no is any provision of this Agreement construed to create any such liability. 13. Assignment 13.1 The obligations in this Agreement are not subject to assignment. 14. Complete Agreement 14.1 This Agreement contains the complete formulation of the Parties with respect to the subject matter of this Agreement. There are no other representations, agreements, or understandings, oral or written, by the Parties relating to the subject matter to this Agreement that are not fully expressed in this Agreement. Each Party acknowledges and represents to the other Parties that it is executing this Agreement solely in reliance upon its own judgment and knowledge and that it is not executing this Agreement based upon the representation or covenant of any other Party, or anyone acting on such other Party's behalf, except as expressly stated herein. 15. Notice 15.1 The parties shall provide notice required in the Agreement as follows to: Yakima County Board of County Commissioners Courthouse 4th Floor 128 North Second Street Yakima, WA 98901 City of Yakima Office of the Mayor City of Yakima 129 North Second Street Yakima, WA 98901 IN WITNESS WHEREOF, the parties have executed this agreement. Yakima County Ronald F. Gamache, Chairman d Elliott, Commissioner Michael D. Leita, Commissioner Constituting the Board of County Commissioners For Yakima County, Washington City of Yakima David Edler, Mayor Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 6 • • • Date 0 A1" 1111 rli"//// atd- goog z -c) • os Av.,. .... 0.A% 0 Attest: [Type text] Christina S. Steiner -Deptity Clerk of the Board ecut g Attorney • s . CO_ • ��i 5 111 1 ‘11``\`` APPROVED AS TO FORM City Attorney Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima 7 0 Q) ON?1S EXHIBIT A Or ow 110 •.4_. ,.. ... cn I- nn M. ,,itsoas, .-..II rr , ~ I c mt k. o.0 6114- tft N U 0 rW Z I rii0 m m tf1 • fitr aL. C W O 03 i r y O p aoio 0 - RS • 73 • 3.1ff H14A _;� i - r up. is, • • EXHIBIT B West Valley Community Park (Property) The following three (3) parcels are the real property affected in this Agreement: 1. Parcel # 181329-33403 (See Exhibit A) LOT 3 OF SHORT PLAT, RECORDED IN BOOK 91 OF SHORT PLATS, PAGE 140, UNDER AUDITOR'S FILE NO. 2940365. 2. Parcel # 181329-33005 (See Exhibit A) THE EAST 495 FEET OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18, E.W.M.; - EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY FOR YAKIMA V ALLEY TRANSPORTATION COMPANY, AND EXCEPT THE SOUTH 715 FEET THEREOF. 3. Parcel # 181329-34009 (See Exhibit A) THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18, E.W.M., EXCEPT THE EAST 5 ACRES THEREOF, AND EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY FOR YAKIMA VALLEY TRANSPORTATION COMPANY. EXCEPT THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18 E.W.M. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 89°38'30" EAST, ALONG THE SOUTH LINE OF SAID SUBDIVISION, 446.03 FEET; THENCE NORTH 0°01 '54 WEST, PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, 396.01 FEET; THEN NORTH 89°38'30" WEST, 200.03 FEET; THENCE NORTH 0°01'54" WEST, 319.71 FEET; THENCE NORTH 89°38'30" WEST 245.67 FEET TO THE WEST LINE OF SAID SUBDIVISION; THEN SOUTH 0°00'19" EAST ALONG SAID WEST LINE TO THE POINT OF BEGINNING. CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION Resolution No. i2-2408-- 79 Resolution No. A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY authorizing the transfer of the West Valley Community Park from Yakima County ("County") to the City of Yakima ("City"). WHEREAS, due to annexations which have occurred since the County acquired the property, the West Valley Community Park ("Park") is now entirely within the City of Yakima; WHEREAS, due to loss of tax base to the City from annexation, the County on March 28, 2006 offered the Park to the City to own, operate and maintain; WHEREAS, on May 24, 2006 the City responded to the County's offer so that ownership and management was arranged for further discussion during the development of the City's 2007 Fiscal Budget; WHEREAS, the City as part of its comprehensive plan development identified a need for additional parks and open space, including providing more recreation facilities and programs; WHEREAS, the City in its 2007 Adopted Budget included funding for operation and maintenance of the Park; WHEREAS, the County, under the authority of RCW 36.89.050, Yakima County Code Title 11. and other federal, state and county laws, has acquired and developed a the Park, consisting of four parcels' referred to as the west, middle west, middle east and east parcels which is known as the "West Valley Community Park," identified in Exhibit A and legally described in Exhibit B; WHEREAS, the first three parcels are solely County -owned, and the fourth (east parcel) is co -owned with the West Valley School District and not part of this Agreement; WHEREAS, the County desires to divest itself of ownership, management, and financial responsibility for the Park; WHEREAS, the County is legally restricted from altering the Park's current use without expending funds to replace converted Park land in accordance with Recreation and Conservation Office Agreements (formerly the Interagency Committee for Outdoor Recreation); Parcel Numbers 181329-33403, 181329-33005, 181329-34009 and 181329-34404. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF YAKIMA COUNTY: The County approves the transfer of title and all rights and obligations of ownership of the West Valley Community Park The Chair and Prosecuting Attorney of the Yakima County are hereby authorized to execute the documents for the implementation of this JOINT RESOLUTION. Dated this day of May, 2008. ATTEST Christina Steiner Clerk of the Board Ronald F. Gamache, Chairman alt, Commissioner Constitutes the Board of County Commissioners for Yakima County BOARD OF YAKIMA COUNTY lel TY COMMISSIONERS * District One Michael D. Leita * District Two Ronald F. Gamache March 28, 2006 Honorable Mayor and City Council Members City of Yakima 129 N 2nd St Yakima WA 98901 Dear Mayor and Council Members: * District Three Jesse S. Palacios RECEIVED CITY OF YAKIMA MAR 2 '9 2006 OFFICE OF CITY COUNCIL Yakima County owns and oversees the West Valley Community Park at 1323. South 80`h' Avenue, Yakima, WA 98908. This 26 -acre park has provided our community with a higher quality of life and is an important asset to the community. Early this year, the West Valley Lions Club and the West Valley School District wrote us letters requesting the park to be turned over to the City of Yakima, because the County's financial challenges are making it difficult to support County parks. 'The park receives very little funding from the County and is being maintained through our 0 partnership with the West Valley School District and West Valley Lions Club. Finding additional funding to support parks is becoming more difficult because of the County's increasing needs to support public safety and the courts. The park currently resides within the boundaries of the City of Yakima. It has, and will, become a more integral part of your city as annexations continue. As such, the park is becoming more difficult to justify for all within Yakima County. We wish to offer the City of Yakima the opportunity to inherit this vibrant park -and its facilities for the betterment of your growing community. Enclosed you will find a detailed listing of the park's facilities and appurtenances. Upon your consideration, please contact us as to your intentions. 40 Enclosure Sincerely, BO OF YAKIMA COUNTY COMMISSIONERS sse S...' alacios, Chairman s I ael D. Leita, omn ssioner r Ronald F. Gamache, Commissioner cc: Dick Zais, Yakima City Manager Vern M. Redifer; P.E., Yakima County Public Services Director Denise Nichols, City of Yakima Parks Manager West Valley Lions Club West Valley School District 128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX: 509-574-1501 BOARD OF YAKIMA COUNTY COMMISSIONER IN THE MATTER OF MAKING ) FINDINGS AND DETERMINATION ) TO DECLARE SURPLUS AND ) Resolution No. 221- 2008 TRANSFER COUNTY REAL ) PROPERTY TO THE CITY OF ) YAKIMA ) WHEREAS, pursuant to RCW 39.33.010, Yakima County has the authority to transfer its property, whether real, personal or mixed, to a municipality providing it is in the best interest of the County; and WHEREAS, the Board of Yakima County Commissioners did publish Notice of Intention To Transfer certain surplus County real property as described on "Exhibit A" attached hereto on April 26, 2008 in the Yakima Herald Republic; and, WHEREAS, a public hearing was held on Tuesday, May 6, 2008 at 10:30 A.M. in Room B33, Yakima County Courthouse, Yakima, Washington and did particularly describe the real property concerned; now, therefore, BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that the Findings are inclusive of those statements made during the public hearing by members of the Board of Yakima County Commissioners, Legal Counsel and Public Works: 1. That the general public, either in person or by counsel, was given the opportunity to submit evidence and/or argument for or against the propriety and advisability of the proposed action. There was neither argument made nor any evidence offered in opposition to the proposal to transfer the above referenced real property. BE IT FURTHER RESOLVED by the Board that the following determination has been reached: 2. That it is proper, advisable and in the best interest of Yakima County to declare surplus and transfer the real property described in Exhibit "B". BE IT FURTHER RESOLVED that the Clerk of the Board of Yakima County Commissioners cause the Findings and Determination to be spread upon its minutes and made a matter of record. BE IT FURTHER RESOLVED that the date scheduled for the transfer of said property is to be within thirty (30) days of execution of the Intergovernmental Land Transfer Agreement between Yakima County and the City of Yakima. Done this 6th day of May 2008. Attest: 0%111 it too `( t , V'. 1- Z o• utii o% Christina S. Steiner Clerk of the Board BOARD OF YAKIMA COUNTY COMMISSIONERS Ronald F. Gamache, Chairman Michael D. Leita, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington BOARD OF YAKIMA COUNTY COMMISSIONER IN THE MATTER OF SETTING DATE FOR PUBLIC HEARING ON NOTICE OF INTENTION TO SURPLUS AND TRANSFER COUNTY REAL PROPERTY TO THE CITY OF YAKIMA RESOLUTION 210-2008 WHEREAS, pursuant to RCW 39.33.010, the Board of Yakima County Commissioners believes it to be in the best interest of the citizens of Yakima County that certain County real property, known as the West Valley Park, located at 1323 S. 80th Avenue, Yakima, Washington, 98908, be declared surplus and transferred to the City of Yakima; and WHEREAS, pursuant to RCW 39.33.020, the Board shall hold a public hearing on the proposal to transfer County real property at the day and hour to be set in a notice to be advertised; now, therefore, BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that a public heanng be, and hereby is, set for Tuesday, May 6, 2008 at 10:30 A.M., or as soon thereafter as possible, in Room B33, Yakima County Courthouse, Yakima, Washington as the time to consider a proposal to transfer said real property. BE IT FURTHER RESOLVED that the Board shall admit evidence for and against the proposed transfer and the Clerk of the Board is directed to publish as required by law. DONE this 25th day of April 2008. BOARD OF YAKIMA COUNTY COMMISSIONERS OIA ,/ (,F �C Ronald F. Gamache, Chairman Attest: Christina S. Steiner Clerk of the Board 0,*�S * .4` J. Rand Elliott, Commissioner Michael D. Leita, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington YAKIMA COUNTY COMMISSIONERS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to Resolution No. 210-2008, dated April 25, 2008, the Board of Yakima County Commissioners will hold a public hearing on Tuesday, May 6, 2008, at 10:30 A.M., or as soon thereafter as possible, in Room B33, Yakima County Courthouse, Yakima, Washington, to admit evidence for or against the proposed declaration of intention to declare surplus and transfer to the City of Yakima real property known as the West Valley Park, located at 1323 S. 806 Avenue, Yakima, Washington, 98908, and described as follows: 1. Parcel # 181329-33403 LOT 3 OF SHORT PLAT, RECORDED IN BOOK 91 OF SHORT PLATS, PAGE 140, UNDER AUDITOR'S FILE NO. 2940365. 2 Parcel # 181329-33005 THE EAST 495 FEET OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18, E.W.M.; EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY FOR YAKIMA V ALLEY TRANSPORTATION COMPANY, AND EXCEPT THE SOUTH 715 FEET THEREOF. 3. Parcel #181329-34009 THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18, E.W.M., EXCEPT THE EAST 5 ACRES THEREOF, AND EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY FOR YAKIMA VALLEY TRANSPORTATION COMPANY. EXCEPT THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18 E.W.M. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 89°38'30" EAST, ALONG THE SOUTH LINE OF SAID SUBDIVISION, 446.03 FEET; THENCE NORTH 0°01'54" WEST, PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, 396.01 FEET; THEN NORTH 89°38'30" WEST, 200.03 FEET; THENCE NORTH 0°01'54' WEST, 319.71 FEET; THENCE NORTH 89°38'30" WEST 245.67 FEET TO THE WEST LINE OF SAID SUBDIVISION; THEN SOUTH 0°00'19" EAST ALONG SAID WEST LINE TO THE POINT OF BEGINNING At the time of said hearing, the Board will set the transfer date. All persons interested in giving testimony for or against the intention to declare surplus and transfer County real property are encouraged to attend and give testimony. ATTEST: Christina Steiner Clerk of the Board I i Publish: Yakima Herald Republic — April 26, 2008 Bill to Commissioners at #10822 • • MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF YAKIMA AND WEST VALLEY SCHOOL DISTRICT NO. 208 FOR THE MAINTENANCE OF WEST VALLEY COMMUNITY PARK THIS MEMORANDUM OF AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a municipal corporation (hereinafter the "City") and West Valley School District No. 208, a municipal corporation (hereinafter the "School District"). RECITALS AND FINDINGS WHEREAS, it is the objective of both the City and County to enter into an Agreement, transferring the County's title interest in the West Valley Community Park (hereinafter the "Park") to the. City in the year 2008; WHEREAS, the City and the School District desire to enter into the same relationship for joint use and maintenance of the Park grounds that the School District previously had with the County; WHEREAS, a cooperative relationship between the City and the School District for joint use and maintenance of the Park grounds is in the best interests of the community; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the School District as follows: 1. Purpose. The purpose of this Agreement is to ensure that the West Valley Community Park is jointly used and maintained by the City and the School District for the enjoyment of the community. 2. Term. This Agreement shall become effective on its execution by the City and the School District and its filing with the County Auditor's office and the City Clerk's office. 3. Duties of the City. The City agrees to perform the following duties, effective March 1, 2008,unless otherwise specified: • Page 1 of 4 a. Basic Maintenance. "Basic Maintenance" means park clean up detail, including litter control, vandalism and graffiti removal. b. Playground Maintenance. "Playground Maintenance" means inspection and upkeep of playground equipment, making repairs as necessary. c. Trim Mowing. "Trim Mowing" means mowing the grass areas in designated strips surrounding the park and performing turf control. Trim mowing does not include mowing the main, expansive grass areas. d. Irrigation Maintenance. "Irrigation Maintenance" means inspection and upkeep of the Park's irrigation system, making repairs as necessary. e. Tree Maintenance. "Tree Maintenance" means inspection and upkeep of the Park's trees, including maintenance of broken, diseased or damaged trees and limbs. f. Utilities. "Utilities" means payment of the Park's utilities, including water, sewer, irrigation, and electricity. Park Reservations. "Park Reservations" means processing reservations for the Park's three picnic shelters and collecting any associated fees. h. Restroom Maintenance. "Restroom Maintenance" means, beginning no later than April 15, 2008, opening, inspection and cleaning of the Park's restroom facilities. g. 4. Duties of the School District. The School District agrees to perform the following duties, effective March 1, 2008: a. Primary Mowing. "Primary Mowing" means cutting and maintenance of all grass in the main park areas, a service that was provided by the School District prior to this Agreement, and shall be provided in the same manner henceforth. b. Refuse. Provide a two yard dumpster for refuse collection for emptying once per week. 5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the County. It shall confer no benefits or rights, direct or indirect; on any third parties. No person or entity other than the City and the School District may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of the City or the School District. 6. Notices. All notices shall be in writing and communicated to the parties as follows: Page 2 of 4 • • • • TO CITY: AND: R.A. Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Raymond L. Paolella City Attorney 200 South Third Street Yakima, WA 98901 TO WEST VALLEY Peter Ansingh SCHOOL DISTRICT Superintendent NO. 208: West Valley School District No. 208 8902 Zier Road Yakima, WA 98908 AND: Tom Fleming Assistant Superintendent West Valley School District, No. 208 8902 Zier Road Yakima, WA 98908 7. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and is binding on the parties. 8. Governing Law. This Agreement is governed by and interpreted in accordance with the laws of the State of Washington. 9. Interpretation. The parties shall strive at all times to interpret and to implement the Agreement in a spirit of cooperation. 10. Compliance With The Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 11. Termination. Either party may terminate this Agreement by providing thirty (30) days written notice to the other. 12. Filing. A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040 and the City Clerk's office. 13. Integration. The terms of performance of this Agreement are set out exclusively in sections 1 through 13 above. Page 3 of 4 CITY OF YAKIMA WEST VALLEY SCHOOL DISTRICT NO. 28 By: By: R. A. Zais, Jr., City Manager Peter Ansingh, Superintendent Date: Date: ATTEST: City Clerk City Contract No. Resolution No. Page 4 of 4 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: May 13, 2008 ITEM TITLE: Consideration of a Resolution authorizing West Valley Park property conveyance by Yakima County to the City of Yakima SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: The City of Yakima has worked closely with Yakima County to transfer ownership and maintenance of the West Valley Community Park to become part of the City's extensive parks system. This beautiful 24.5 -acre (approximate size) park lies inside the Yakima city limits and conforms to the 2006-2011 Parks and Recreation Comprehensive Plan for future parkland acquisition. Maintenance operations for the park have been part of a joint effort with the City and West Valley School District. . Attached for your approval is the Transfer Agreement signed by Yakima County. The attached Resolution authorizes the City Manager to sign the Transfer Agreement. The Resolution also authorizes the City Manager to sign a Memorandum of Agreement (MOA) with the West Valley School District regarding maintenance at the Park with the draft MOA attached subject to final provisions the City and the School District work out. This Agreement requires the County to complete the deed transfer within 30 days of the City's acceptance. Resolution X Ordinance Other (Specify) Agreement Mail to (name and address): Yakima County Commissioners Funding Source: 2008 Parks creation Budget - APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing Property Transfer of the West Valley Community Park from Yakima County to the City of Yakima along with an MOA with the School District for maintenance at the Park. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: West Valley Pak - Property Transfer Agenda Statement rd 1095 CONTRACTS Contract Title Intergovernmental Land Transfer Agreement between Yakima County and the City of Yakima Contracting Party Yakima County Purpose Transfer West Valley Community Park to the City of Yakima's park system Originating Division Parks Staff Liaison Denise Nichols Amendments Effective Date 05/20/2008 Eff. Date Explanation Approved 5/13/08 Expiration Date Exp. Date Explanation Completion of property transfer Dollar Amount Dollar Amt Explanation Contract ID 2008-076 Resolution ID R-2008-79 Insurance (yes/no) Insurance Expires Insurance Name File Location No. C 08 071 Archive Info Comments xref - Memorandum of Agreement regarding maintenance with School District