HomeMy WebLinkAbout0235 - Snohomish Co. - Agreement - Harborview Park Water SystemRETURN TO:
Snohomish County &vI/ail
·3000 Rockefeller Ave.,MIS (poC?
Everett, WA 98201
CONFORMED copy
200102280136
01 09·49 AM02/28/20RECORDEDp.0005
snohOmish
County
SNOHOMISH COUNTY
INTERLOCAL COOPERATION AGREEMENT
with
THE CITY OF MARYSVILLE
for
HARBORVIEW PARK
WHEREAS,the Comprehensive Parks and Recreation Plan for Snohomish
County and the Snohomish County Regional Recreation Task Force have
documented a County-wide need for regional athletic facilities; and
WHEREAS,the Snohomish County Executive and the Snohomish County
Council have determined that it is consistent with the Comprehensive Parks and
Recreation Plan for Snohomish County and is in the best public interest of County
residents to participate in joint partnerships to increase recreational opportunities;
and
WHEREAS,the Snohomish County Regional Recreation Task Force called
for joint acquisition and development of active field projects to be accomplished
through the cooperation of local city, school district, and County jurisdictions;and
WHEREAS,the City of Marysville and Snohomish County have identified
property which would be beneficial for the City and would enhance recreational
opportunities for the general public and the community as a whole.
NOW,THEREFORE,the parties agree as follows:
HARBORVIEW PARK
INTERLOCAL COOPERATION AGREEMENT
PAGE 1
I.GENERAL CONDITIONS
1.1 Parties.This Agreement is made by and between the SNOHOMISH
COUNTY, a political subdivision of the State of Washington,hereafter referred to as
COUNTY, and THE CITY OF MARYSVILLE,a municipal corporation,hereafter
referred to as CITY,under authority of the Interlocal Cooperation Act,chapter 39.34
RCW.
1.2 Purpose.The purpose of this Agreement is to define responsibilities
regarding the construction of a soccer field and parking lot at Harborview Park.
1.3 Premises.The property at which the soccer field and parking lot will
be constructed is commonly known as Harborview Park, and is located on the
west side of Sunnyside Boulevard from approximately 52 nd Avenue NE to 40
th
Avenue NE, in the City of Marysville,Washington,Section: 34, Township: 30,
Range:~(the "Property").
1.4 Term.This Agreement shall commence upon execution by the parties
and recording with the Snohomish County Auditor, and shall remain in effect for
twenty (20) years, unless earlier terminated as provided herein.
1.5 Termination.This Agreement may be terminated upon the mutual
written agreement of the parties hereto. The COUNTY shall have the ability to
unilaterally terminate this Agreement in the event of failure of any funding or other
nonappropriation of funds for this Agreement.
1.6.Amendments.This Agreement may be amended only upon written
agreement of the parties,executed in the same manner as provided by law for the
execution of this Agreement.This Agreement shall constitute the full and complete
agreement between the parties.
II. DUTIES OF THE PARTIES.
2.1 Duties of the COUNTY.The COUNTY agrees to provide financial
assistance to the CITY in the amount up to Sixty-eight Thousand Eight Hundred
Twenty-eight Dollars ($68,828)to assist in the construction of a soccer field and
parking lot at the Property.Payment shall be made upon receipt of an invoice from
the City submitted with documentation of work completed.
HARBORVIEW PARK
INTERLOCAL COOPERATION AGREEMENT
PAGE 2
2.2 Duties of the CITY.
a. The CITY shall be responsible for design,construction,
maintenance,scheduling and operation of the soccer field and parking lot at the
Property.
b. The CITY shall provide an identifying sign at the entrance to the
Property, listing Snohomish County Parks as a participant in the construction of
the soccer field and parking lot.
c. The CITY shall make the Property and associated facilities available
to SNOHOMISH COUNTY residents on the same terms as residents of the
CITY.
III.ADDITIONAL REQUIREMENTS
3.1 Compliance with Laws.The COUNTY and the CITY shall comply with
all applicable federal, state and local laws, rules and regulations in performing this
Agreement,including, but not limited to, laws against discrimination.
3.2 Hold Harmless and Indemnification.The CITY shall hold harmless,
indemnify, and defend, at its own expense, the COUNTY, its elected and
appointed officials, officers,employees and agents, from and against any loss or
claim for damages of any nature whatsoever,arising out of the CITY's
performance under this Agreement and public use of the Property, including but
not limited to claims by the CITY's employees or third parties,except for those
damages solely caused by the negligence or willful misconduct of the COUNTY,
its elected and appointed officials, officers, employees or agents. In the event of
liability for damages caused by or resulting from the concurrent negligence of the
CITY and the COUNTY, their respective officers, elected and appointed officials,
employees and volunteers, each party's liability hereunder shall only be to the
extent of that party's negligence. It is specifically and expressly understood that
the indemnification provided in this AGREEMENT constitutes the CITY's waiver
of immunity under the State Industrial Insurance laws, Title 51 RCW, solely for
the purpose of this indemnification.The CITY agrees that this waiver has been
mutually negotiated.
HARBORVIEW PARK
INTERLOCAL COOPERATION AGREEMENT
PAGE 3
3.3 Governing Law and Stipulation of Venue.This Agreement shall be
governed by the laws of the State of Washington and the parties stipulate that any
lawsuit regarding this Agreement must be brought in Snohomish County,
Washington.
EXECUTED this ~ll?:f day of ~AtJt:J(.
SNOHOMISH COUNTY CITY OF MARYSVILLE
Robert J Drewel ci?J;?1.'01
~ohomlsh County E ecutive
lY I GARY WEIKEL
APPROVED AS T8f(f~.M~ecutive
~U~_rJ\J_
Angela S. Belbeck
Deputy Prosecuting Attorney
REVIEWED BY RISK MANAGEMENT:
~Approved [1Other
HARBORVIEW PARK
INTERLOCAL COOPERATION AGREEMENT
Dave Weiser
Mayor
APPROVED AS TO FORM:
A~KVJ~
JJ-7
PAGE 4