HomeMy WebLinkAbout0249 - Snohomish Co - Agreement - Strawberry Fields Athletic Park UseORIGINAL
SNOHOMISH COUNTY
REGIONAL RECREATION TASK FORCE
INTERLOCAL AGREEMENT
with
THE CITY OF MARYSVILLE
for the
STRAWBERRY FIELDS ATHLETIC FACILITY
I.GENERAL CONDITIONS
1.1 Parties.This agreement is made by and between the City of MarysviUe,a municipal
corporation,hereinafter referred to as CITY and Snohomish County, a municipal corporation,
hereinafter referred to as COUNTY.
1.2 Premises.The Strawberry Fields Athletic Complex property subject to this
Agreement is located within Snohomish County,Washington,and is described as
follows:
Portions of the Northeast quarter of Section 34,and of the Southeast quarter of
Section 34,AU in Township 31 North,Range 5 East, W.M.,Snohomish County,
Washington,described as follows:Beginning 15 feet South of the Southeast
comer of the Northeast quarter of the Northeast quarter of Section 34,Township
31 North,Range 5 East, W.M.;thence West 1221 feet to the point of beginning;
thence continue west to West line of the Northeast quarter of said section;thence
south to the Southwest comer of the Northwest quarter of the Southeast quarter;
thence East to a point 1521 feet west of East fine of said Section;thence North
1409 feet, more or less, to a point 1236 feet South of the North line of Southwest
quarter of the Northeast quarter;thence East 300 feet;thence 1221 feet to the
point of begining;EXCEPT county roads,EXCEPT foUowing described tract:
Beginning 15 feet sourth of Southeast comer of the Northeast quarter of the
Northeast quarter,Section 34,Township 31 North,Range 5 East, W.M.;thence
West 1221 feet to the point of beginning;thence West 125 feet;thence South 217
feet;thence East 125 feet;thence North 217 feet to said true point of beginning;
Situated in Snohomish County,Washington.
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1.3 Local Capital Improvements.Capital improvements at the Strawberry Fields Athletic
Complex are needed to provide recreational faClTlties for both County and City residents.The
Snohomish County's Comprehensive Park Plan, Regional Recreation Task Force, and City of
Marysville's Comprehensive Park Plan Element document a need for park facilities in this area
The Snohomish County Executive and Council,the Mayor and Marysville City Council have
determined that it is consistent with the objectives of the Snohomish County Comprehensive Park
Plan and the City of Marysville Comprehensive Park Plan and in the best public interest of both
County and City residents to prOVide funding for acquisition of property, as long as future facilities
are made available to County and City residents on the same terms of use.
1.4 Term.This agreement shall commence upon execution by the parties and shall remain
in effect for twenty (20) years according to its terms.
1.5 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 as between the parties.
II. DUTIES OF THE PARTIES
2.1 City's Duties.The City agrees to perform as follows:
a)Acquire and maintain exclusive fee simple ownership of 72.0 acres of the premises
for the purpose of developing a regional athletic field facility.
b) Make the property available for recreational use as soon as possible and pursue
development resources to provide athletic field development.Provide facilities and use to County
and City residents on a permanent basis when the project is completed,
c)Provide in the masterplan a 30-foot wide right-of-way for future Centennial Trail
development extending along the property perimeter from east to west along 152nd St.N.E.
d)Guarantee and provide long-term maintenance and upkeep of the ballfields and any
improvements when developed.
e) Provide an identifying sign listing Snohomish County as a financial participant in the
park site development in perpetuity.
1)Keep and maintain books and records documenting acquisition costs at least equal to
the amount of the county's contribution,in a manner consistent with ordinary accounting practices
and requirements of the Washington State Auditor,for at least five years after completion of
development.
2.3 County's Duties.
a) The County agrees to provide financial assistance to the City of Marysville in the
amount of $150,000 (one hundred fifty-thousand dollars)for real estate acquisition of the
Strawberry Fields Athletic Complex within the defined premises and to be made available to county
residents as described in this agreement.
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b)Payment shall be on a reimbursable basis within 10 (ten)days of receipt of an invoice
from the CllY submitted with documentation.
III.ADDITIONAL REQUIREMENTS
3.1 Compliance with Laws.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 Direction and Control.The City will perform the services under this agreement as an
independent contractor and not as an agent,employee,or servant of the County.The City
specifically has the right to direct and control the City's own activities in providing the agreed
services in accordance with the specifications set out in this agreement.The County shall only
have the right to ensure performance.
3.3 Hold Harmless and Indemnification.The City shall protect,save harmless,
indemnify,and defend,at its own expense,Snohomish County, its elected and appointed officials,
officers,employees,and agents,from any loss or ctaim for damages of any nature whatsoever
arising out of or relating to this agreement or the property subject to this agreement,including
claims by employees of the City or third parties,except for those damages solely caused by the
negligence or willful misconduct of Snohomish County,its elected or appointed officials,officers,
employees,or agents.
If a claim subject to RCW 4.24.115 is caused by or resulls from the concurrent negligence of
Snohomish County,its elected or appointed officials, officers,employees or agents,this section
shall be va6d and enforceable only to the extent of the negligence of the County,its elected or
appointed officials,officers,agents,or employees.
3.4 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.
CITY OF MARYSVILLE INTERLOCAL AGREEMENT STRAWBERRY FIELDS ATHLETIC COMPLEX - 3
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EXECUTED this d1.1ay of ~,1997.
SNOHOMISH COUNTY:
CITY OF MARYSVILLE
Robert J.Drewel, County Executive Mayor
ATTESTATION:
-:J-!f-n
ting Atto ney
APPROVED AS TO FORM:
)
REVIEWED BY RISK MANAGEMENT:
()Approved ()Other
APPROVED AS TO FORM:
p~rCJn-iJ
City Attomey-Grant Weed
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