HomeMy WebLinkAboutYakima County - Performance Park Maintenance & Operation7
INTERLOCAL AGREEMENT
PERFORMANCE PARK
MAINTENANCE AND OPERATION AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this a"4 day of April, 2013, by and
between YAKIMA COUNTY, a political subdivision of the State of Washington, with
County Courthouse at 128 North 2nd Street, Yakima, Washington 98901 (hereinafter
referred to as "County "), and CITY OF YAKIMA, a municipal corporation of the State of
Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901
(hereinafter referred to as "City ").
I. Recitals
A. County owns two parcels of property located at the southwest corner of Second
Street and "A" Street in the City of Yakima, Washington (Assessor's Parcel Numbers
191319 -22439 and 191319- 22440, hereinafter referred to as "Park Property "). The
parcels are part of the Yakima County Courthouse campus.
B. County has developed the Park Property with lawn, landscaping and paved
pedestrian pathways for the benefit of the public, public park purposes, and to promote
the purposes of the County Courthouse campus. County desires to facilitate the public
purposes of the Park Property, and has developed and designated such property as
"Performance Park."
C. City desires to promote and schedule the use of Performance Park for special
events designed to promote economic development, provide educational and
recreational opportunities for City and County residents and visitors, and to provide a
downtown location for the general public to gather for special events and enjoyment of
the park.
D. County and City desire to enter into an Intergovernmental Agreement pursuant to
authority granted to each under Chapter 39.34 RCW (Interlocal Cooperation Act),
defining the uses of Performance Park and the responsibilities and rights of each party
regarding use, operation and maintenance of such property.
WHEREFORE, in consideration of the mutual benefits, covenants, conditions and
promises herein, the parties agree as follows:
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II. Agreement
1. Grant of Authority to Occupy Performance Park. County hereby grants City the
right to occupy and use for public park purposes, and for special event, educational and
recreational purposes, the two parcels constituting the Park Property, as described in
Exhibit "A" attached hereto and incorporated herein by this reference.
2. Use of Performance Park. City shall use the Park Property for public park
purposes, including recreational, special event and educational purposes. "Special
events," for purposes of this Agreement, shall include those events licensed and
regulated by City pursuant to Chapter 9.70 of the Yakima Municipal Code (YMC).
"Public recreational purpose" includes use for musical or other performance events that
may charge a fee, and fundraising events for nonprofit and charitable organizations.
3. Routine Maintenance. County will be responsible for routine maintenance of
the Park Property, including lawn mowing, maintenance of landscaping, irrigation and
tree trimming upon need. "Routine maintenance" does not include cleanup of the Park
Property following performances or other events scheduled by City, as further described
in Section 4 below.
4 Event Maintenance. City will be responsible for assuring cleanup of the Park
Property following performances or other events scheduled by City. Cleanup shall
include picking up and removal of trash and restoration of the Park Property to the
condition existing prior to the performance or event scheduled by City, normal wear and
tear excepted. For events sponsored or licensed by City, City will require placement of
sufficient trash and waste receptacles at suitable locations within and upon the Park
Property to facilitate trash removal and cleanup. City will require event sponsors and
promoters to comply with City's regulations pertaining to events and special events,
including but not limited to cleanup, safety plans, emergency access plans and parking
plans.
5. Utilities. County will allow City and its licensees access to electrical power from
pre- existing service on the Park Property or on abutting or other suitable County
property. County may install a separate meter to monitor electrical power use on the
Park Property. City agrees to reimburse County on a quarterly basis for electrical power
use attributed to City's and /or City's licensees' use of the Park Property.
County will allow City and its licensees access to potable water from pre- existing
service on the Park Property or on abutting or suitable County property.
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City will require placement of sufficient portable toilet facilities at suitable locations to
accommodate patrons and participants at any City sponsored or licensed event.
6. Scheduling of Events — Priority of County Uses and Events. City, by and through
its Economic Development Manager, shall be responsible for scheduling, licensing and
issuing permits for events and special events held on the Park property, all in
accordance with City's licensing and permit codes and procedures, including but not
limited to the special events provisions of Chapter 9.70 YMC; PROVIDED, however,
that uses and events sponsored, permitted or promoted by County upon the Park
Property shall have priority for scheduling purposes. County shall be responsible for
issuance of any necessary or appropriate permit or license for any use or event upon
Park Property sponsored, permitted or promoted by County.
County and City will cooperate regarding scheduling of County and City uses and
events. Upon City's receipt of notice of any application or proposal for an event to be
held on Park Property, City will notify County of the proposed event and proposed
date(s) of the event. County will then advise City of any County sponsored, permitted or
promoted use or event that conflicts with such City proposed use or event, and the City
event will be rescheduled or adjusted to avoid any conflicting County use or event. If no
County use or event is scheduled, City may proceed to process the use or event
application for the original date(s) requested by the applicant, and upon City's issuance
of a permit authorizing such use or event, such permitted use or event shall be deemed
to have priority over any other intervening use or event within and upon Park Property.
The parties' points of contact for administration of events, uses and scheduling
described above shall be:
For City: Economic Development Manager
Phone: 509 - 575 -6274
For County: Clerk of Board, Yakima County Commissioners
Phone: 509 - 574 -1500
7. Suspension or Cancellation of Use — Emergencies. In the event County finds
and determines that an emergency exists that constitutes an immediate and substantial
threat to the health, life or safety of persons upon the Park Property, or an imminent
threat of substantial damage to property therein, County shall immediately notify City of
such condition. If, in the sole discretion of County, such danger cannot be remedied or
removed prior to any scheduled use or event, County may cancel or suspend the use of
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the Park Property for any scheduled use or event, or may otherwise condition such use
or event so as to avoid or remedy any dangerous condition.
8. Term of Agreement. This Agreement shall be effective as and from the date first
referenced above and shall continue through December 31, 2022. The Agreement shall
be automatically extended for an additional ten -year period on the same terms, unless
either party delivers written notice to the other party at least sixty (60) days prior to
December 31, 2022 stating (a) that such Agreement shall be deemed terminated at the
conclusion of the term, or (b) that such party desires to negotiate other or different terms
and conditions to be included in a successor Agreement.
9. Early Termination. Either party may terminate this Agreement prior to the
expiration of the Agreement, or any extension thereof, as stated in Section 8 above, by
delivering written notice of early termination to the other party. Notice of early
termination shall be given at least sixty (60) days prior to the effective date of
termination. Notwithstanding the above, City shall retain jurisdiction to administer uses
and events upon Park Property that (a) had been permitted by City prior to giving early
notice of termination, and (b) are scheduled to occur after the effective date of
termination.
10. Administration. This Agreement shall be administered by the City's Economic
Development Manager.
11. Taxes and Assessments. Each party shall be solely responsible for
compensating its employees and for paying all related taxes, deductions and
assessments, including but limited to, leasehold excise taxes, federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income as may be required by law or assessed against either party as
a result of this Agreement.
12. No Third Party Rights. This Agreement is entered into for the sole benefit of the
parties. It shall confer no benefits or rights, direct or indirect, on any third parties. No
person or entity other than the City and the County may rely upon or enforce any
provision of this Agreement.
13. Liabilitv — Insurance.
A. Each party hereto agrees to maintain responsibility and assume
liability in the performance of this Agreement for its own wrongful and /or
negligent acts or omissions, and those of its officers, agents or employees to the
fullest extent allowed by law. Each party shall maintain insurance sufficient for
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such purposes, and each party reserves the right to review the insurance
coverage of the other party from time to time to assure such sufficiency.
B. It is understood the City does not maintain liability insurance for the
County or its employees and subcontractors. It is understood the County does
not maintain liability insurance for the City or its employees and subcontractors.
C. In the case of negligence of both County and City, any damages
allowed shall be levied in proportion to the percentage of negligence attributable
to each party, and each party shall have the right to seek contribution from the
other party in proportion to the percentage of negligence attributable to the other
party.
D. The provisions of this Section shall survive the termination or
expiration of this Agreement.
E. Nothing contained in this Section or this Agreement shall create a
liability or a right of indemnification in any third party.
14. Nondiscrimination. During the performance of this Agreement, the Parties shall
not discriminate in violation of any applicable federal, state and /or local law or regulation
on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, and any other classification protected under federal, state, or local law. This
provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training, and the provision of services under this
Agreement.
15. Compliance With Law. The 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.
16. Waiver of Breach. A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the
party not in default to avail itself of any subsequent breach thereof. Leniency, delay or
failure of either party to insist upon strict performance of any agreement, covenant or
condition of this Agreement, or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
17. Dispute Resolution. City and County agree to meet to discuss any outstanding
issues related to the development of the Improvements and the performance of this
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Agreement in order to resolve any disputes through cooperation and negotiation. In the
event any dispute cannot be resolved through cooperation and negotiation, the parties
agree to submit such dispute to a mediator, mutually acceptable to both parties. Each
party shall bear and pay its own expenses and costs of mediation, including attorneys'
fees, and the parties will each pay one -half of the mediator's fee. If such dispute is not
resolved through mediation, the parties may seek redress through any court with
jurisdiction, and the substantially prevailing party therein shall be entitled to recover its
costs of suit together with its reasonable attorneys' fees.
16. Integration. This Agreement contains all of the terms and conditions agreed on by
the parties. No other understandings, oral or otherwise, regarding the subject matter of
this Agreement, are deemed to exist or to bind either of the parties.
17. Modifications. The parties may modify this Agreement but no proposed changes
or modifications shall have validity or become binding on either party unless such
changes or modifications are in writing and executed by both parties.
18. Severability.
A. If a court of competent jurisdiction holds any part, term or provision of this
Agreement illegal or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision held invalid.
B. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
19. Administration. This Agreement shall be administered by the City Manager of City
and the Board of Commissioners of County, or their respective designees. The City
Manager's designee shall be the City Economic Development Manager. The parties
shall advise each other of their designees for the administration of this Agreement.
20. Improvements. City shall make no improvements that become fixtures to the
property except upon prior written approval by County. For any improvement proposed
by City and approved by County, City shall be solely responsible for compliance with
applicable bidding laws and procedures, construction, construction management, and
completion. Approval by County shall include consideration and agreement by the
parties regarding maintenance of such completed improvements.
21. Acquisition and Disposal of Propert y. The parties do not intend to jointly
acquire property pursuant to this Agreement. However, if property is acquired to
accomplish the purposes of this Agreement, the following shall apply:
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A. Personal Propert y. In the event the parties, or either of them, acquire
personal property, title to such property shall vest in the party purchasing such
property. If jointly acquired, title to such property shall vest in each party in
proportion to the money contributed by such party for the acquisition.
B. Real Property — Improvements. In the event the parties, or either of
them, acquire real property, title to such property shall vest in the party
purchasing such property unless otherwise agreed in writing by the parties.
Unless otherwise agreed, if jointly acquired, title to such property shall vest in
each party in proportion to the money contributed by such party for the
acquisition. Title to improvements that become fixtures to the Park Property shall
be vested in County.
C. Disposition of Property. Upon termination of this Agreement, personal
property and real property shall be disposed in accordance with the provisions
above. If the property is sold, proceeds shall be distributed to each party in
proportion to the amount originally contributed by each party for acquisition.
21. Notices. Unless otherwise stated herein, all notices and demands are required in
written form and sent to the parties at their addresses as follows:
TO: CITY OF YAKIMA
Tony O'Rourke, City Manager (or successor)
City of Yakima City Hall
129 North 2nd Street
Yakima, WA 98901
TO: YAKIMA County
Board of Yakima County Commissioners
Yakima County Courthouse, Room 232
128 North 2nd Street
Yakima, WA 98901
The parties may designate other officers from time to time to serve as designees for
administration of this Agreement and to receive notices and demands. Upon such
designation, the designating party shall notify the other party.
22. Governing Law — Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. Venue for any action arising out
of the implementation, performance or breach of this Agreement shall lie in Kittitas
County, State of Washington, unless otherwise agreed by the parties.
23. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor
pursuant to RCW 39.34.040, or posted as otherwise permitted, and filed with the City
Clerk of Yakima.
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24. Effective Date. This Agreement is executed and effective on the date first
given above.
WHEREFORE, the Agreement is executed as follows:
CITY OF YAKI
ATTEST:
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Sonya Cla r City y Clerk
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CITY CONTRAC r N0: b�
RESOLUTION NO: j ®tee
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BOARD OF YAKIMA COUNTY COMMISSIONERS
Michael D. Leita, Chairman
, Commissioner
J. R d Elliott, Commissioner
(tawfituting the Board of County Commissioners
for Yakima County, Washington
ATTEST:
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Tiera L. Girard •
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Clerk of the Board
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BOCC185- 2013
April 2, 2013
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