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HomeMy WebLinkAbout2593 - Snohomish County - Agreement - Strawberry Fields ILAINTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF MARYSVILLE FOR STRAWBERRY FIELDS ATHLETIC COMPLEX IMPROVEMENTS This interlocal agreement between Snohomish County and the City of Marysville for Strawberry Fi elds Athletic Complex improvements (this "Agreement"), is made and entered into thi s __ day of , 2022, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF MARYSVILLE, a Washington municipal corporation (the "City"), pursuant to Chapter 39.34 RCW. RECITALS A. The 2015 General Policy Plan, Parks and Recreati on, Goal PR I, includes a component to prov ide recreation services to Snohomish County's residents in the most effective and efficient way possible; and B. The County Executive and the County Counci l have determined that it is consistent with the General Policy Plan and in th e public interest of County residents to participate in joint undertakings with local municipalities to increase recreational opportunities and facil ity capacity; and C. The City of Marysville owns the Strawberry Fields Athletic Complex, which is in need of improvements and renovation; and D. The County Council has determined that fund ing improvements and renovations at the Strawberry Fields Athletic Complex will increase recreational opportunities for Snohomish County residents; and E. The City of Marysville has provided the following: a confirmation from the City indicating ownership interest in the property (Attachment A, incorporated herein by this reference) and Proof of Insurance (Attachment B, incorporated here in by this reference). F. Pursuant to this Agreement and Chapter 39.34 RCW, the City wi shes to accept rei mbursement from the Co unty for the Project set forth in this Agreement. ORIGINAL GF-022-1 a Strawberry Fields ILA I of 11 AGREEMENT NOW, THEREFORE, in cons ideration of the respective agreements set forth below and fo r other good and val uable considerati on, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authori zed by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to defin e the responsibilities of the County and the City as they relate to the County's provision of funds to the City for the City's renovation and improvements to the Strawberry Fields Athletic Complex (the "Project") located at 6100 152nd Street NE; Marysv ille, WA 98271 (the "Property"). A legal description of the Property is attached as Attachment A and by this reference incorporated herein. 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website ("Effective Date"). Thi s Agreement shall remain in effect for twenty years after the Effective Date, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that the Co unty's obligations after December 3 1, 2022, are contingent upon local legislative appropriation of necessary funds fo r th is specific purpose in accordance with the County Charter and applicable law. 3. Administrators. Each party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shal l be the following indi viduals: County's Initia l Administrator: Kara Mai n-Hester, Chief RRO Snohomi sh Co unty Department of Recovery and Resilience 3000 Rockefeller Ave. MS 407 Everett, WA 9820 I ( 425) 262-299 1 phone Kara.main-hester@snoco.org City's Initial Administrator: Tara Mizell, Director Ci ty of Marysville Parks, Culture and Recreation Dept. 6915 Armar Road Marysvi lle, WA 98270 (360) 363-8400 Phone TM izell@marysvi I lewa.gov Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. GF-022-1 a Strawberry Fie lds ILA 2 of 11 4. Project Performance. 4.1 Certification of Real Property Interest. The City represents to the County that the City owns the property upon which the Project shall be executed, and additional real property or easements are not needed to complete the Project. 4.2 City's Financial Commitment. The City certifies to the County that the City wi ll have sufficient monies to complete the Project by the Project deadline identified in Section 4.3 below. The total project cost is estimated at approximately $1.7 million. The Strawberry Fields project was made possible by funds from the City's Growth Management Fund; State Interagency Committee fo r Outdoor Recreation (!AC); National Land, Water, and Conservati on Fund; Pilchuck Soccer Alliance (named Marysville Youth Soccer Club at the time of construction); and HomeStreet Bank. 4.3 Pro ject Deadline. On or before December 31, 2023, the City shall complete the Project. In executing the Project, the City shal I obtain and, upon request, provide the County with copies of all permits necessary to complete the Project. 4.4 Recognition of County as Financial Sponsor. The City shall recognize the County as a fin ancial sponsor of the Project as fo llows: 4.4.1 Upon completion of the Project or dedication of the Property, whichever comes first, the City shall install at the Property a plaque in a form approved by the County that indicates that the County is a financial sponsor of the Project; 4.4.2 The City shall invite the County to all events promoting the Project or Property and recognize the County at all such events as a financial sponsor of the Project; and 4.4.3 The City shall recognize the County as a financial sponsor in all brochures, banners, posters, and other promotiona l material related to the Project. 4.5 Pro ject Maintenance. The City shall be responsible for on-going capital improvements to, and maintenance of, the Project and the Property. The County makes no commitment to support the Project or the Property beyond what is provided for in this Agreement and assumes no obi igation for future support of the Project, except as expressly set forth in this Agreement. 4.6 Availabi lity to County Residents. The City shall make the Property and its facilities available to all County residents on the same terms as to residents of the City for the duration of this Agreement. GF-022-1 a Strawberry Fields ILA 3 of 11 5. Invoicing and Payment. 5.1 Invoicing. Prior to December 31, 2023, the C ity shall submit to the County quarterly invoices requesting rei mbursement o f eligible expenses for the Project, as set forth in Attachment C, attached hereto and by thi s reference incorporated herein. The invoice shall provide line-item deta il for materials, labor and overhead together with reasonable documentati on substantiating such expenses and additional documentation as requested by the County, including but not limited to documentation as to what amounts have been spent by the City, on the Project. 5.2 Payment. Unless the County delivers to the City written notice disputing the amount of a particular line item within twenty (20) working days of receipt from the City of an invoice properly submitted to the County pursuant to Section 5.1, the County shall remit to the City the amount of an invoice within thirty (30) working days of receipt. Total re imbursable expenses under this Agreement, all fees and expenses included, shall not exceed One Million and no/100 Dollars ($1,000,000.00). 5.3 No Overpayments. In the event the Project is completed for less than the combined total of reimbursable expenses and the City's Financial Commitment, the County shall remit to the City an amount of equal to the difference between the City's Financial Commitment and the total reimbursable expenses. In no case shall the City retain funds that it does not utilize in the Project or that it utilizes in the Project without first exhausting the City's Financial Commitment. Should an overpayment occur, the County shall give written notice to the City of the overpayment, and within thirty (30) days of the notice of overpayment the City shall return to the County the overpaid funds plus interest at the rate o f twelve percent ( 12%) per annum beginning thirty (30) days from the date of the notice of overpayment. 5.4 Accounting. The City shall maintain a system of accounting and internal controls that co mplies with general ly accepted accounting principles and governmental accounting and financial reporting standards and provisions concerning preservation and destruction of public documents in accordance with applicable laws, including Chapter 40.14 RCW. 5 .5 Recordkeeping. The City shat I maintain adequate records to support billings. The records shall be maintained by the City for a period of five (5) years after completion of this Agreement. The County, or any of its duly authorized representatives, shall have access to books, documents, or papers and records of the City relating to this Agreement for purposes of inspection, audit, or the making of excerpts or transcripts. GF-022-1 a Strawberry Fields ILA 4 of 11 5.6 Audit and Repayment. The City shall return funds disbursed to it by the County under this Agreement upon the occurrence of any of the following events: 5 .6.1 If overpayments are made; or 5.6.2 If an audit of the Project by the State or the County determines that the funds have been expended for purposes not permitted by applicable law, the State, the County, or this Agreement. In the case of 5.6.1 or 5.6.2, the City shall make a written demand upon the City for repayment, and the City shall be obligated to repay to the County the funds demanded within sixty (60) calendar days of the demand. The County's right to demand repayment from the City may be exercised as often as necessary to recoup from the C ity all funds required to be returned to the County. The City is solely responsible for seeking repayment from any subcontractor in conformance with its debt collection policy. 6. Independent Contractor. The City will perform al l work associated with the Project as an independent contractor and not as an agent, employee, or servant of the County. The City shall be solely responsible for control, superv ision, direction and discipline of its personnel, who shall be employees and agents o f the City and not the County. The County shall only have the right to ensure performance. 7. Indemnification/Hold Harmless. The City shall assume the risk of, be liable fo r, and pay all damage, loss, costs and expense of any party arising out of the activities under this Agreement and all construction and use of any improvements it may place on the Property. The City shall ho ld harmless, indemnify and defend the County, its officers, elected and appointed o fficials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Property and the execution of the Project contemplated by this Agreement; PROVIDED, that the above indemnification does not apply to those damages solely caused by the negligence or willful misconduct of the County, its elected and appointed officials. officers, employees or agents. This indemnification obligation shall include, but is not limited to, all claims against the County by an employee or former employee of City, and City, by mutual negotiation, expressly waives all immunity and limitation on liability, as respects the County only, under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, di sability benefit act, or other employee benefit act o f any jurisdiction which would otherwise be applicable in the case of such c laim. GF-022-la Strawberry Fields ILA 5 of 11 The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume li ability or responsibility for or in any way release the City from any liability or responsibility whi ch arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, 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 costs and reasonable attorney's fees. 9. Insurance. The City shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from , or in connection with exercise of the rights and privileges granted by this Agreement, by the City, its agents, representatives, employees/subcontractors. The cost of such insurance shall be paid by the City. 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services Office Form No. CG 00 0 I Ed . 11-88, covering COMM ERCIAL GENERAL LI ABILITY with limits no less than $1,000,000 combined single li mit per occurrence, $2,000,000 aggregate for bodily injury, personal injury, and property damage. 9.2 Other Insurance Provisions. Coverage shall be written on an "Occurrence" form. The insurance policies required in this Agreement are to contain or be endorsed to contain the County, its officers, officials, employees, and agents as additional insureds as respects liabi li ty arising out of activities performed by or on behalf of the City in connection with this Agreement. 9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of insurance and endorsement(s) required by this Agreement. 9.4 In lieu of the insurance required in this Section 9, the City may, upon request of and acceptance by the County, provide the County a letter certifying the City's self- insurance program. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules, and regulations. GF-022-1 a Strawberry Fields ILA 6 of 11 11. Default and Remedies. 11 .1 Default. If either the County or the City fa il s to perfo rm an y act or obligation required to be perfo rmed by it hereunder, the other party shall deliver written notice of such fa ilure to th e non-performing party. The non-performing party shall have twenty (20) days after its receipt of such notice in which to correct its failure to perfo rm the act or obl igation at issue, after which tim e it shall be in default ("Default") under th is Agreement; provided, however, that if the non-perform ance is of a type that could not reasonably be cured within said twenty (20) day period, then the non-perform ing party shall not be in Defau lt if it commences cure within said twenty (20) day period and thereafter diligently pursues cure to completion. 11 .2 Remedies. In the event of a party's Default under thi s Agreement, then after giving noti ce and an opportunity to cure pursuant to Section 11 .1 above, the non- Defaulting party shall have the right to exercise any or all rights and remedi es available to it in law or equi ty. 12. Early Termination. 12.1 12.2 [Intentionally Deleted]. [Intentionally Deleted]. 12.3 Termination for Breach. In the event the City fails to complete the Project by December 3 1, 2023, commits a Default as described in Section I I, or otherwise fa ils to appro priate the funds necessary to complete the Project, the County may terminate this Agreement immediately by del iverin g written notice to the City. Within thirty (3 0) days of such early termination, the City shall return to the County all funds previously provided by the County to the City for the Project plus interest at the rate of twelve percent ( 12%) per annum beginning thirty (3 0) days fro m the date of early termination. 13. Dispute Resolution. In the event differences between the parties should ari se over the terms and conditions or the performance of thi s Agreement, the parties shall use their best efforts to resolve those differences on an in fo rmal basis. If those differences cann ot be resolved informally, the matter may be referred for mediation to a mediator mutuall y selected by the parties. If mediation is not successful or if a party waives mediation, either of the parties may institute legal action fo r speci fi e perfo rmance of this Agreement or for damages. The prevailing pa1ty in any legal action shall be entitled to a reasonable attorney's fee and court costs. GF-022-1 a Strawberry Field s ILA 7 of 11 14. Notices. All notices required to be give n by any party to the other party under this Agreement shall be in writing and shall be del ivered either in person, by United States mail, or by electronic mail (emai l) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Admin istrator, or their des ignee, at the addresses set forth in Section 3 of thi s Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same fonnalities as required for th is Agreement and signed by the party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or ma in body of this Agreement, the text or ma in body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of thi s Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 15 .5 Severabi lity. If any provision of this Agreement or the application thereof to any person or circumstance shal l, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in ful l force and effect, to the extent permitted by law. GF-022-1 a Strawberry Fields ILA 8 of 11 15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preced ing sentence shall be nul l and void and shal l constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 No Joint Venture. Nothing contain ed in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 15.10 No Separate Entity Necessary. The patties agree that no separate legal or admin istrative entities are necessary to carry out this Agreement. 15.1 1 Ownership of Property. Except as expressly provided to the contrary in thi s Agreement, any real or personal property used or acquired by either party in connection with its perfonnance under th is Agreement will remain the sole property of such party, and the other party shall have no interest therein . 15.12 No Third-Party Benefi ciaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 15.13 Public Records. This Agreement and all public records associated with this Agreement shall be available from the County for in spection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the '"Act"). To the extent that public records then in the custody of the City are needed fo r the County to respond to a request under the Act, as determined by the Cou nty, the City agrees to make them promptly available to the County. If the City considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form. to be protected from disclosure under law, the City shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the City and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations shal l be to notify the City(a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City fai ls to timely obtain a court order enjoining disclosure, the County wi ll release the req uested information on the date specified. GF-022-1 a Strawberry Fields ILA 9 of 11 The County has, and by this section assumes, no obligation on behalf of the City to claim any exemption from di sclosure under the Act. The County shall not be liable to the Ci ty for releasing records not clearly identified by the City as confidential or proprietary. The County shall not be liable to the City for any records that the County releases in compliance with this section or in co mpliance with an order of a court of competent jurisdiction. 15.14 Prevaili ng Wage. City shall comply with Washington State Prevailing Wage laws. Compliance with this section is material to this Agreement, any breach of this Section 15.14 is cause for County termination under Section 12. 15.15 Executi on in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an origi nal and all of which shall constitute one and the same agreement. (Signature page to follow) GF-022-1 a Strawberry Fields ILA 10 of 11 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: Snohomish County, a political subdivision of the State of Washington By Name: Dave Somers Title: Executive Approved as to Form : Deputy Prosecuting Attorney CITY: C ity of Marysville, a Washington municipal corporation Attest/Authenticate Name: ~c.v1~ C:;:tt:h{(J Title: l>cp ~ O-hj Gkr-k. Approved as to Form: ~~-j) Office of the City Attorne/ GF-022-1 a Strawberry Fields ILA 11 of 11 IN WITNESS WH EREOF, the parties have executed this Agreement as of the date first above written. COUNTY: Snohomish County, a political subdivision of the State of Washington By Klein, Kenneth 2022.03.30 17:40:04 -07'00' Name: Dave Somers Title: Executive Approved as to Form: Deputy Prosecuting Attorney COUNCIL USE ONLY Approved 3/30/2022 ECAF # 2022-0215 MOT/ORD Motion 22-136 CITY: City of Marysville, a Washington mun icipal corporation Attest/ Authenticate By ~~ Name: ~tir 111<..x CAeM•J Title: l>tplM"'j Uhj c~~Yk- Approved as to Form: ~~ f) GF-022-la Strawberry Fields ILA 11 of 11 1/5/22, 10:57 AM (,P l Cf') ~' I:"' C CD n C-.l r-.. 0 (,P :3 ~ 0) ~ I ~ : ID :, 0 { ID g ::, 0 u :r en :E 0 :r 0 z en .. \ ·iii l 0 :~ J.. a: j ....} 8·-·, 'G ~ .-1 rJ 1, l ((' ~ ; ~ ~ --=i ___ J' w:: Landmark Web Official Records Search REAL !:5,,.TE EX;s e TAX (\ SALE PRIC: 3: J:}()0 7 ."'-nECEIPT NO. -+i-..c;a;A_~•~ 13,,_ Filed for Record at Request of: JUL 2 9 1996 GRANT K. WEED •·96·029 rmurcr % Jl1L 26 Fi·i I;: 17 21 AVENUE A SNOHOMISH, WA 98290 Q TATUTORY WARRANTY DEED THE GRANT~RCO ASSOCIATES, a Joint Venture, for and in consideration of THREE HUNDRED FO IX THOUSAND AND NO/l00THS DOLLARS ($346,000.00), in hand paid, conveys and "(arr to CITY OF MARYSVILLE, a municipal corporation of the • State of Washington, the fo ~described real estate, situated in the County of Snohomish, State of Washing! ·-,,.• Portions of the Northeast q of Section 34 and the Southeast quarter of Section 34, all in Township o h, Range 5 East, W.M., Snohomish County, Washington, describe as I l Beginning 15 feet South of the So st comer of the Northeast quarter of the Northeast quarter of Section 34, Tow s i~ 31 North, Range 5 East, W.M.; Thence West 1221 feet to the Point of>segi ning; Thence continue West to West line of the Northeast quarter of said S tion; Thence South to the Southwest corner of the Northwest quarte e Southeast quarter; Thence East to a point 1521 feet West of East line Section; Thence North 1409 feet, more or less, to a point 1236 feet South th North line of Southwest quarter of the Northeast quarter; Thence East 3ixft t; Thence North 1221 feet to the Point of Beginning. EXCEPT County roads; EXCEPT following.<Jescribed tract: Beginning 15 feet South of the Southeast corner 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. Situate in the County of Snohomish, State of Washington. SUBJECT TO: Terms and conditions of instrument recorded September 26, 1938 under Auditor's file no. 633464. AND SUBJECT TO: Terms and conditions of instrument recorded September 26, 1938, under Auditor's file no. 633474. AND SUBJECT TO: Easement for pipeline, and conditions contained therein, as granted or reserved in instrument recorded at Auditor's file no. 1695569 in favor of Olympic Pipe line Company. AND SUBJECT TO: Easement for pipeline, and conditions contained therein, as granted or reserved in instrument recorded at Auditor's file no. 2258723 in favor of Olympic Pipe line Company. AND SUBJECT TO: Record of survey recorded at Auditor's file no. 7712220179. AND SUBJECT TO: Easement for electric transmission line, and conditions contained therein, as granted or reserved in instrument recorded at Auditor's file no. 7802240323 in favor of Public Utility District No. 1 of Snohomish County, which Instrument contains rights of access for purposes of /c.a/mvlmarco.doH 7118196 VOL. 3191 PAGE O 9 G 1 . :\ ; • ,::,. II httpsJlwww.snoco.org/RecordedDocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 1/2 1/5/22, 10:57 AM Landmark Web Official Records Search maintenance or repair and rights to cut or trim all brush or timber which constitutes a danger to said line. DA TED this ..l.21h... day of July, 1996. ~ MARCO ASSOCIATES, Seller 0 ~♦ CITY ELECTRIC, INC. PROFIT SHARING TRUST STATE OF WASHINGTON ) <) )ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfact nee that GABRIEL J. MARIAN is the person who appeared before me, and said person ack ed that he signed this Instrument, on oath staled that he was authorized to execute the in and acknowledged it as the Vice President of CITY ELECTRIC, INC., the partner ASSOCIATES to be the free and voluntary act of such party for the uses and purposes ned in the instrument. DATED this 23rd day of July, 1996. CAROL r:. SC, i ~TAlE OF\,.-." .. , ' NOTA.llY-s•• PUBLI,· ' I~ Cor~ Expies ;.; ;7 (Legi NOTARY PUB he State or Washington, resid Monroe My commission expires 5/4/97 STATE OF WASHINGTON )ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that RICHARD H. SWEEZEY is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of CITY ELECTRIC, INC., PROFIT SHARING TRUST, the partner of MARCO ASSOCIATES to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 23rd day of July, 1996. CAROL r.. SCHORP? i ITTATE OF w.:.·::"··11,,., NOTARY-•·· PUBLI. !~vrommi!~n ~J:•,;•('(:; I lcsJmv/ma1co.doH 7118/N 9607260796 bJl.:.4n,; (Legibly print name or notary) NOTARY PUBLIC in and for the State of Washington, residing at Monroe My commission expires 5/4/97 ACCEPTED July~ 1996. CITY OF MARYSVILLE, Grantee By fd✓ (A/~/ DAVID EISER, Mayor 2 VOL. 31 91PAGE O96 2 https://www.snoco.org/RecordedOocuments/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 2/2 ACORD* CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYYJ ~ 1/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~~1~cT Jamie Arnoldi Alliant Insurance Services, Inc. ~ .. j~N.~_ ~ ··· 949-627-7000 1 fffc No': 1420 Fifth Ave 15th Floor Seattle WA 98101 ~t'l~~ .. , Jamie.Arnoldi@lalliant.com INSURE RISI AFFORDING COVERAGE NAJC# INSURER A: Safetv National Casualtv Coroo 15105 INSURED MARYSVl-04 INSURER B: City of Marysville 1049 State Ave, Suite 101 INSURER C: Marysville WA 98270-4234 INSURER O: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1951814254 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ,,POLICY EFF POLICY EXP LIMITS LTR ,uon l wvn POLICY NUMBER MM/00/YYYYl IMM/00/YYYYl A X COMMERCIAL GENERAL LIABILITY y GL6676153 1/1/2022 1/1/2023 EACH OCCURRENCE S 2,000.000 >--D CLAIMS-MADE 0 OCCUR PREMISH YE~~.?ence1 S 500,000 MED EXP {Any one person) s -PERSONAL & ADV INJURY S2,000,000 I-- GEN'L AGGREGATE LIMIT APPLIES PER· GENERAL AGGREGATE $4,000,000 R □PR~ □LOC PRODUCTS -COMP/OP AGG S4,000,000 POLICY JECT OTHER: SIR $150,000 A AUTOMOBILE LIABILITY CA6675486 1/1/2022 1/1/2023 TE~~:'d~~l1NGLE LIMIT S 2,000,000 1--X ANY AUTO BODILY INJURY (Per person) s 1--OWNED -SCHEDULED BODILY INJURY (P..-acoclenl) s -AUTOS ONLY L--AUTOS HIRED NON-OWNED PROPERTY DAMAGE s -AUTOS ONLY L--AUTOS ONLY IPer acadenl' SIR S 100,000 UMBRELLA LIAS R OCCUR EACH OCCURRENCE s -EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION s s WORKERS COMPENSATION I PER l I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE s ~ti~:i:,~~ ~n:;PERATIONS below E.L. DISEASE· POLICY LIMIT s DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remark I Schedule, may be attached ii moro apace ii required) As respects lnter1Dcal Agreement between Snohomish County and the City of Marysville for Strawberry Fields Alhlelic Center Improvements. County, its officers, officials, employees, and agents are included as Additional Insured as respects liability arising out of activities performed by or on behalf of the City in connection with this Agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Office of Recovery and Resiliency, Snohomish County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Executive Office ACCORDANCE WITH THE POLICY PROVISIONS. Attn : Kara Main-Hester 3000 Rockefeller A ve. AUTHOR~EDREPRESENTATIVE M/S 407 5.,,;._ f\.l--.U:, Everett WA 98201-4046 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLE~E READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED This endorsement modifies insu-ance pro1,1ded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or OrQanization(s): Person (s) or 0rganization(s) as r equired by written contract . Any individually scheduled Designated Additional Insur ed shall not be construed to override nor negate this blanket Designated Additional Insured. Designated ProJect, -Cocation, or Work ofCo-.ered Operations: As per written contract or agreement with the above described person(s) or organization (s). CH.ANGE SECTION II -WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule abo-.e wi th whom you ha-.e agreed in a written contract to pro1,1de insurance such as is afforded under this Co-.erage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional lnsured(s) scheduled abo-.e shall be afforded only to the extent that such Additional Insured is liable for "bodily injury ", "property damage" or "personal and ad-.ertising injury" caused by your acts or omissions while acti-.ely engaged in the performance of your ongoing operations in1.0l1.1ng the project(s ), locations(s ), or work designated in the Schedule and as specifi ed in the contract between you and the abo-.e scheduled Additional lnsured(s). b. The insurance afforded under this Co-.erage Form to such Additional lnsured(s) applies only: (1 ) If the "occurrence" or offense takes place subsequent to the execution and effecti-.e date of such written contract: and, (2) While such written contract is in force, or until the end of the policy period, which e-.er occurs first. c. How Limits Apply to Additional lnsured(s) The most we will pay on behalf of the Additional lnsured(s) scheduled abo-.e is the lesser of: (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance pro1,1ded by the Co-.erage Form. The amount we will pay on behalf of such Additional lnsured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Co-.erage Form Declarations and described in t his section. Such amount will thus not increase the Limits of Insurance shown for the Co-.erage Form. SNGL 022 1111 Safety National Casualty Corporation Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLE~E READ IT CAREFULLY. d. Obligations atthe Additionallnsured's Own Cost No Additional Insured will, except at their own cost, \()luntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. The Additional lnsured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage pro'vided in the Coverage Form. This endorserrent changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required onlyw hen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2022 Policy No. GL 6676153 Endorsement No. Insured WASHINGTON PUBLIC ENTITY GROUP (WAPEG) Premium$ Included Insurance Company Safety National Casualty Corporation Countersigned By ______________ _ SNGL0221111 Safety National Casualty Corporation Page 2 of 2 Attachment C Project Description-Strawberry Fields Athletic Complex Strawberry Fields Athletic Complex is a 71.09-acre regional sports field facility provides a natural setting among open space, trails, and the Qui I Ceda Creek system. The facil ity opened in 2005. Total cost for acqui sition and development of the park was $ I . 9 mi 11 ion in 2005. The Strawberry Fields Enhancement Proj ect, partiall y funded by Snohomi sh Co unty, will include the following: • Conversion of natural turf soccer field to synthetic turfon field # I ($I.I Million) • Other improvements to the bleachers. playground and trails ($600,000.00) The City may only receive reimbursement according to the following: I. The City wi ll be reimbursed by the County for eligible expenses incurred in executing the portion of the Project for conversion of field # I from natural turf to synthetic turf, in an amount not to exceed the Contract Maximum of $1,000,000.00. Eligible expenses for which the City may request reimbursement: I. Construction costs on field # I including wages, maintenance, supplies and materials fo r conversion of natural turf soccer fie ld to synthetic turf soccer fi eld. 2. Sufficient documentation of eli gib le expenses shal l include itemized invoices from third parties, if any, for all eligible expenditures for which the City seeks reimbursement. PROJECT BUDGET ITEM COUNTY MARYSVILLE 1. Upgrade of Strawberry $1 ,000,000.00 $700,000.00 Fields Athletic Complex Total $1,000,000.00 $700,000.00 GF-022-la Attachment C 1 of 1