Loading...
Interlocal Agreement Brent Dille Mark Up for Review 051208May. 11. 20Uu 1 : {J~I''N1 ~1G..Fi223 F, ~ °-~ i ' ~„, ~- ~.`.,~ CITY 4F YELM mad ~'EI;1VI CL~MMLTNITY SCHOOL DISTRICT' FQR SR 51?? FRONT:~iGE IMFROVEMENTS CQNTRTB~ION This Agreement is made and enured into this .day of , 2008, by a,~.d between the City of Yelm (hereinafter referred to as the "City"), a municipal corporation and Yelm Community Schoat District (hereinafter referred to as the =`I?istdct"}, a municipal corporation and subdi~~ision of. the State o~I Washington. WITNESSETH: _.......,._..__.e...~_.._ ....................... ............ WHEREAS, the gaveming bodies are authorized pursuant to RCW 39.,34 to enter into agreements with each otlaea• and to do any and all things necessary to meet 'the respective obligations of their agencies; and WHEREAS, the District made a land use app~lieatiozt to the City to construct a new middle school known as "Rid~eline Junior High School"; artd WHEREAS, in responding to the District's land use application, the City issued a Mitigated Determination of Non Significance, SEP~i No: 8362 (MDNS); and R WHEREAS, pursuan~tand as part of the MDNS, the District was .required to make. certain improvements to Carter Street prior to final occupancy of the junior high school as set forth in Paragraph 3 .of the Mitigation Measures attached to the MDNS (hereinafter the "Required Improvetn©nts"); and WHEREAS, the City has pretilously collected $82,SG5.00 from a developer who was to make or assist financially in making the Requited Improvements; and WHEREAS, the City has agreed to contribute the .$82,65.00 to the District to assist in making the Required .Improvements plus an additional $60,000 to the District to assist in tna)t-ing the Required Improvement,; and WHEREAS, the City has further agreed to rnalce an in-kind contributign to install a. planter step as further described herein. NOW, THEREFORE, in consideration of the mutual premises .and covettarats herein contained, the City and District hereby agree aS folloars: SECTION 1: Purpose and Subject Matter The. subject of this .Agreement is to establish the amount and timing of the City's contribution towards the District's Required Improvements pursuant to Paragraph 3 of the Mitigation IvZeasures as required pursuant to the Mitigated Determination of Non Interlocal .Agreement page 1 F~~v 12 204 1:10Pf~ ~~~~. ~22~ F. 3 Significance, SEPA No: 8362 issued April 26, 2QQ4, attached hereto ~ Attachment A and incorporated herein as though .fully set forth. SECTIC?N 2: Contribution and Obligation of~City The City agrees to contribute a total sum of Orle. Hundred Fifry Two Thousand Five Hundred Sixty-five dollars ($152,565.4Q} plus interest accrued on bond fronn developer (if any), tivlueh is a combination of $]42,565.QQ in total cash contributions and an agreed value. of Ten Thousand dollars ($10,004.40} in an "in-kind" contribution, to be used exclusively for the Required improvemenis, and to be paid to the District as follows: 2.1 Within t~.venty--two (22) days from the execution of this :Agrearr~ent ~is••-- ~, the City shall deposit with the District the stun of Ono Hundred ~Forty Two Thousand Five Hundred Sixty-five dollars ($142,565.40} to be used for the Required. Improvements. 2.2 The City will complete the planter strip as an additional "in-kind" contribution, the agreed value of which is Ten Thousand.dollars ($l0,OQ4.04} as specified ~ „~,S in Attachment B. rr t 5 ~' 2.3 After the Improvements have been accepted b a ington State 4 °~ 77 Department of Transportation and the City, the City shall no Tnta. Li transfer the t,~`~i~' billing for electrical charges to the City and thereafter, the City s a l be responsible for the maintenance, operation and ownership of the street lights. SECTIQN 3: Obligations of District 3.l District shall use all monies contributed by the City only for the Required Improvements as specified in Attachment A. 3.2 District shall finish the planter strip in accordance. with the specifications as provided for in Attachment B. 3.3 District will provide the City an accounting of the funds expended on the Required Improvements within 30 days after the Recluii'ed Improvements ]rave been approved and accepted by the Washington `s'tate Departrent of Transportation, ~.~~~ X3.4 The District shall commence construction of the Required Improvements YI ~ ~ -~z~ S ~ tetnber 2005 and shall have the Re aired Im ravements a roved atld ~'`~ ¢ ~~~~_ accepted by Ghe Washington State Department of Transportat on by September 2009. In ~° A ~ the event the District shall not have started construction or obtainad the required Washington State Department of Transportation. approval(s), then, at tha sole and absolute discretion of the City, .the City may .demand repayment of all funds deposited to the District pursuant to this Agreement, by giving notice to the District as provided far herein, and rho District ogees to remit said funds within ten (14j days from the receipt of said notice from the City. Interlocal Agreement Page 2 M,~y.12 200 1.1~~PM No. X223 F. 4 SECTION 4: E,gtire Agreement ,,,' Unless otherw,~e Hated this Interlocal .Fgreement represents the full and entire Agreement. oflparties to tho Ageernent. No change, termination, or attempted waiver of any of the provisions of the Agreement shall be binding on any of the parties unless executed in writing by the board/council members of the District and the City. SECTION S: Dispute Resolution The parties to tlvsreement are cornrztiited to tivorking cooperatively and collaboratively ,,~'` in resolving matters related to this ~greeznent, the implementation of .tlre~reement and +`'" achieving the intent and purpose 6f the ~agreemertt. if a dispute should arise, theft the parties agree to meet on an informal basis gut.d trv to resolve the.matter. If the parries are unable to resolve their dispute on 'an Informal basis, then the parties shall mediate the dispute using the services of an agreed upon mediator and share the costs equally- Should the parties not be able to reach agreement on a mediator then the parties shall use the services of the Washington Arbitration and Mediation Services {WAMS). tivith the parries sharing the costs e~uall}~. Any dispute arising under this agrcem.ent. that has not been. resolved pursuant 'to these processes identif ed above will be resolved by binding arbitration by a single attorney arbitrator. If the parties cannot agree on the, identity of such arbitrator, then either party may apply to the Thurston County Superior Court for an appointment pursuant to RCW 7.04. The parties shall share equally the arbitrator's fees and expenses.. The prevailing party at the arbitration is entitled to its costs .and attorney fees, in the arbitrator's diseretian. A judgment maybe entered on the arbii,•ator's award pursuant to RCW 7.04. The arbitrator shall include with ruliztg a statement of the fact, found by the arbitrator and the legal principles to ih se facts. 1, ~ S d r ~ ~'r SECTION 6. Contractor Status, The parties agree and acknotivledge that the District is not acting aS a co~ntractoz for the City and is not an agent or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of the District, its -employees, agents or assigns, The District shall have no authority to execute agreements or to make commitments on behalf of the City, and nothing contained iri the Agreement shall be deemed to create the relationship of employer and employee or principal and agent between the City and the District. SECTION 7. Governing Law. This~reernent shall be governed by and coytstrued in accordance with the laws o.f the State of Washington. Interlocal Agreement .Page 3 fV~~.y. 12. 20~J8 1:10~'f~ hJo. ~22~ F'. SECTION 8. Binding Effect The~reement and the terms, covenants, benefits and duties set forth herein shall inure to the `fienefit of` and b© binding upon the parties, their heirs, successors, legal representatives and assigns of each of the parties. SECTION 9. No Waiver. No waiver of any-default under the agreement shall constitute or operate as a waiver of any subsequent default hereunder, and no delay, failure or omission in exercising or enforcing any right, privilege or option under the,~greement shall constitute a waiver, abandonment or relinquishment thereof or prohibit or prevent any election under or enforcement or exercise of any right, privilege or optian hereunder. SECTION 1Q. No Third Party Beneficiary. The Agreement is entered into for the benafit of the parties to the Ageement only and shall confer no benefits, direct or implied, on any third persons. SECTION 11. Notices. Any notices permitted or required under this Agreement shall be deemed given upon the date of personal delivery or 43 hours after deposit in the United States mail, passage fully prepaid, return receipt requested, directed to the other party at the address sec forth below or such other address as the party txaay indicate by written notice to the other: CIT'Y' of YELM YELM COMMUNITY SCHOOL DISTRICT or at any other address as any party may, from time to time, designate by notice given in compliance with this section. SECTION 12. Recording Ageement. In accordance with RCW 39.34.040 the parties acknowledge the Agreement upon execution will be recorded with the Thurston County Auditor's Office. CITY OF YELM, a Washington municipal 'YEL1V1 COMMUNITY SCHOOL corporation DISTRICT, a Washington municipal corporation By. By: Mayor ,President Irlterlocal Agreement Page 4 i~~v 11. 1UU~ l , 10~~1 N~~. X223 F. 6 Date: 2Q0$ Date: _ , '~bb$ Attest: Approved as to t~orm: Shelly Badger, Gity Administrator Approved as to Form: ,Attorney Brent F. Dille, City Attorney Ynterlocal Agreement page 5 ivi~y. 11 LUU~ I : U1NI~ OWENS DAMES, P.S., Attorneys at Lain 1115 West Bay Drive, Suite 302, Olympia, WA 98502 P.O. Box 157, Qlympia, WA 98507 Phone: (360) 943-8330 Fax: (360) 943-6150 FAX COVER SHEET TO: FROM: DATE: PAGES: RE: Grant Beck, City of Yelrn Brent F. Dille May 12, 2008 6(ineluding this page) Fax number (360) 458-3144 Yelm Sehaol District/SR 507 Frontage Improvements FIard copy tivill NOT follow via U.S. mail. ~~. X223 F. 1 THIS FACSIMILE MAY CONTAIN CONFIDENTIAL, PRIVILEGED INFORMATION INTENDED ONLY FOR THE INDNIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. DO NOT READ, COPY, OR DISSEMINATE THIS INFORMATION UNLESS YOLi ARE THE ADDRESSEE (OR THE PERSON RESPONSIBLE FOR DELIVERING IT). IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEA.CE CALL US IMMEDIATELY AT 360-943- 83x0 AND RETURN THE ORIGINAL COMMUNICATION TO OWENS DAMES, P.S., P.O.801187, OLYMPIA, WA 98507, yIA THE POSTAL SERVICE. MAILING COSTS WILL BE RBIIviBURSED THANK YOU. If you did not receive all copies, or if any are illegible, phase call Sandy at (360) 943-8320.