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City of Lynnwood-ESD #15 - Meadowdale Athletic ComplexI INTERLOCAL AGREEMENT 2 BETWEEN 3 EDMONDS SCHOOL DISTRICT and THE CITY OF EDMONDS 4 and THE CITY OF LYNNWOOD for the 5 MEADOWDALE PLAYFIELDS REDEVELOPMENT PROJECT 6 7 THIS INTERLOCAL AGREEMENT ("Agreement"), dated as of 5'_ 1p , 2017, 8 is made and entered into by and between EDMONDS SCHOOL DISTRICT NO. 15 9 ("District") and THE CITY OF EDMONDS ("Edmonds") and THE CITY OF LYNNWOOD 10 ("Lynnwood") for the redevelopment project of the Meadowdale Athletic Complex and 11 Playfields ("Playfields"). 12 13 RECITALS 14 15 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local 16 government units to make the most efficient use of their powers by enabling them to cooperate 17 with other government entities on the basis of mutual advantage and thereby to provide services 18 and facilities in a manner pursuant to forms of governmental organizations that will accord best 19 with geographic, economic population, and other factors influencing the needs and development 20 of local communities; and 21 22 WHEREAS, each of the signatories hereto is a public agency as defined by RCW 23 Chapter 39.34; and 24 WHEREAS, the District owns real property used for school purposes which includes a 25 number of Playfields (referred to as the Meadowdale Playfields or the Playfields) and which is 26 located within the City of Lynnwood at 16700 661h Avenue West, legally described in Exhibit 27 A, attached hereto (the Real Property); and 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, the District is responsible for the public education of the students in the community, including physical education and athletic activities related to the educational program; and WHEREAS, the cities of Edmonds and Lynnwood (collectively referred to as the Cities) have established departments in part for carrying out the purpose of developing and maintaining community athletic and recreation programs; and WHEREAS, the District and the Cities are mutually interested in supporting programs for the community in the areas of athletics, recreation and education; and WHEREAS, the Cities and the District have recognized for many years that through cooperation, these publicly -owned athletic fields and facilities can be used to meet broader 2017 Meadowdale Playfields Development Agreement Page 1 _*'7090 C,®A1- Sm- // - -6- 5/e -1 7 -/D /- I -a0 & 6 -re- -�rtz/ Dog 41 community needs for education, recreation and athletic activities than any of the parties can 42 provide separately; and 43 44 WHEREAS, the Cities and the District jointly developed the Meadowdale Playfields in 45 1985 for school, educational, and community use; and 46 47 WHEREAS, the Cities and the District maintain an interlocal agreement which authorizes 48 Edmonds and Lynnwood to jointly operate, maintain, and schedule use of the Playfields and which 49 has a term through June 5, 2025, copy attached hereto as Exhibit B (the 1985 ILA); and 50 51 WHEREAS, Lynnwood and the District entered into an interlocal agreement which 52 extends Lynnwood's use rights and obligations under the 1985 ILA to operate, maintain, and 53 schedule use of the Playfields until 2065, copy attached hereto as Exhibit C; and 54 55 WHEREAS, the Cities and the District intend to review the 1985 ILA regarding the 56 scheduling, maintenance, fees, and facility rules and restrictions at the Playfields; and 57 58 WHEREAS, the Cities and the District with additional grantors are participating to share 59 the cost of redevelopment of the Playfields as outlined in this Agreement; 60 61 NOW, THEREFORE, the District, Edmonds and Lynnwood hereby agree as 62 follows: 63 1. The purpose of this Agreement is to define the rights and responsibilities of 64 the District, Edmonds and Lynnwood with regard to design, construction, and funding for 65 the project, which includes the redevelopment of two (2) multipurpose fields, three (3) 66 softball fields, backstops, perimeter fencing, and walking pathways (depicted in Exhibit D, 67 attached hereto) of the Playfields for continued use by the parties for education and 68 recreation purposes (the "Project"). All improvements will meet or exceed the 2010 69 American with Disabilities Act requirements. 70 71 2. The District owns the Real Property that is the subject of this Agreement. This 72 Agreement does not contemplate the transfer of ownership of the Real Property, nor to limit 73 the District's ability to comply with its statutory obligations regarding the use and 74 disposition of school property pursuant to RCW 28A.335. By operation of this Agreement, 75 Edmonds and Lynnwood do not acquire any ownership interest in and disclaim any interest 76 to the Playfields and the Real Property, which are and will remain the District's property. 77 78 3. The District agrees to make the Playfields on the Real Property available for 79 redevelopment by the parties and agrees that the athletic fields and facilities comprising the 80 Playfields are intended primarily for school and educational purposes and are for the benefit of 81 students and the school age population that reside within the District. 82 83 4. The District, Edmonds and Lynnwood recognize that the entirety of the 84 Playfields site has a 6f boundary designated by the National Park Service dedicating it to 85 recreational use, as depicted on Exhibit E, and any existing or future non -recreational uses 86 such as the installation of cell towers and antennas must be mitigated to properly convert 2017 Meadowdale Playfields Development Agreement Page 2 87 the use by approval of the Washington State Recreation and Conservation Office. 88 89 5. The Cities and District agree to work closely with the surrounding community 90 in the design and approval of Project development. 91 92 6. Lynnwood will serve as the project manager for design and as the 93 construction agent for the Project, for the purpose of initially incurring all expenses for all 94 elements of the construction of the joint facility, including but not limited to architect and 95 engineering fees, site development/construction fees, processing change orders, if any, 96 Washington State sales tax, and securing permits. The Project shall be constructed and 97 performed in accordance with all state and local laws, regulations, policies and standards. All 98 construction contracts shall be procured through a formal competitive bidding process consistent 99 with applicable State law. 100 101 7. The Cities and District agree that no award of a construction contract for the 102 Project will be authorized until such time as all of the parties have approved the final plans, 103 specifications and cost estimates for the Project. The District shall have final approval of 104 the Project design including materials to be used in construction. The District expressly 105 disclaims any representation or warranty that such design, plans, and specifications are 106 suited for the uses and purposes intended by the Cities. The construction contract for the 107 Project shall include reasonable warranties from the persons or entities providing labor, 108 goods or professional services to complete the Project construction. 109 110 8. Upon completion of construction of the Project, the District agrees to 111 continue to make available the Playfields to Lynnwood and Edmonds to schedule, maintain 112 and use in accordance with the 1985 ILA, attached as Exhibit B, the extension agreement 113 attached as Exhibit C, or any subsequent agreement. 114 115 9. The District and Cities agree to jointly plan for additional capital expenditures 116 for maintenance and replacement costs for the Playfields. 117 118 10. Lynnwood will form a collaborative partnership with the District, Edmonds, 119 Snohomish County, Snohomish County Tourism Promotion Area, and the State of 120 Washington Recreation and Conservation Office to fund the redevelopment of the Playfields 121 for educational, recreational, and community athletic use. 122 123 11. The District agrees to contribute capital funds in the amount of One Million 124 Dollars and zero cents ($1,000,000.00) towards the redevelopment of the two (2) 125 multipurpose fields and related perimeter backstops, safety netting and fencing, walkways 126 and ADA improvements. Payment will be made to Lynnwood as provided in Paragraph 17 127 below. 128 129 12. Edmonds agrees to contribute capital funds in the amount of Five Hundred 130 Thousand Dollars and zero cents ($500,000.00) towards the redevelopment of perimeter 131 backstops, safety netting and fencing, walkways and ADA improvements of the two (2) 132 multipurpose and three (3) softball fields, except as stated in Paragraph 15 below. Payment 133 will be made to Lynnwood on a reimbursement basis as provided in Paragraph 17 below. 134 2017 Meadowdale Playfields Development Agreement Page 3 135 13. Lynnwood agrees to contribute capital funds in an amount up to Two Million 136 Five Hundred Ninety -Seven Thousand One Hundred Fifty -Five Dollars and zero cents 137 ($2,597,155.00) towards any expenses related to the Project, except as stated in Paragraph 138 15 and 16 below. 139 140 14. Lynnwood agrees to contract, bill for reimbursements, and properly account 141 for additional Project grant funding from the State of Washington Recreation and 142 Conservation Office contribution of capital funds in the amount of $750,000, Snohomish 143 County contribution of capital funds in the amount of $200,000, and Snohomish County 144 Tourism Promotion Area contribution of funds in the amount of $100,000. No such contract 145 or other grant funding approval may impose any restriction on the Real Property without 146 the District's review, consent, and written approval. 147 148 15. The parties acknowledge that (1) the bid package for the construction of the 149 Project will include a base bid option that includes use of SBR infill material, and two 150 alternate bid options that include use of other infill material, (2) each of the Cities will have 151 an opportunity to review bids and to recommend a bid option for the Project to the District, 152 and (3) in accordance with Paragraph 7 above, the District has the authority to consider the 153 bids and recommendations of the Cities and to approve the Project's final design. If a bid 154 option that includes use of non -SBR infill material is selected, then each party that 155 recommended (in the case of the Cities) or approved (in the case of the District) such non - 156 SBR bid option shall be responsible, jointly or severally, to pay the difference between the 157 bid amount for the SBR infill material and the bid amount for the other infill material in the 158 selected bid. 159 160 16. In the event that the total cost of the Project exceeds the District's contribution 161 amount under Paragraph 11, Edmonds' contribution amount under Paragraph 12 and this 162 Paragraph 15, Lynnwood's contribution amount under Paragraph 13 above, and the grant 163 funding described in Paragraph 14, Lynnwood shall recommend value -engineering 164 solutions to mitigate the excess costs, and submit the recommendations to the District and 165 Edmonds for their respective approvals, which approvals shall not be unreasonably 166 withheld. If the value -engineering solutions do not completely mitigate any excess costs, 167 Lynnwood shall be responsible for negotiating with the District and Edmonds an addendum 168 to the Agreement for the provision of additional funds from the parties that will cover the 169 excess costs. In the event that the total cost of the Project is less than the District's 170 contribution amount under Paragraph 11, Edmonds' contribution amount under Paragraph 171 12 and Paragraph 15, Lynnwood's "up to" contribution amount of $2,597,155.00 under 172 Paragraph 13, and the grant funding described in Paragraph 14, Lynnwood shall receive the 173 benefit and shall pay less than the full $2,597,155.00 stated in Paragraph 13. 174 175 17. Lynnwood will bill the District and Edmonds for their shares of the Project 176 costs under this Agreement as follows: 177 178 17.1 Upon the award of the contract for the construction of the Project, 179 Lynnwood shall invoice the District for $500,000.00, and upon fifty percent (50%) 180 completion of the construction of the Project, Lynnwood shall invoice the District for the 181 remaining $500,000.00 owed by the District; and 182 2017 Meadowdale Playfields Development Agreement Page 4 183 17.2 Upon completion of the construction of the Project, Lynnwood shall invoice 184 Edmonds for $500,000.00 or such other amount as is due from Edmonds under Paragraph 185 15 above. 186 187 The District and Edmonds shall pay the invoiced amounts to Lynnwood within thirty (30) 188 days of the date of the respective invoices to each entity. Any undisputed amount not paid 189 by the date due shall bear interest at the rate of one percent (1%) per month. 190 191 18. If the Cities' and District's representatives are unable to come to an 192 agreement in the administration of this Agreement and/or any dispute involving this 193 Agreement, including payment of assessments, the matter shall be referred to the Cities' 194 Mayors and the District's Superintendent for resolution within thirty (30) days' notice from 195 the Contract Administrator of the existence of a dispute. Should agreement not be reached 196 among the Mayors and the Superintendent within sixty (60) days' notice from the Contract 197 Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon 198 private arbitrator for binding resolution. In the event the parties cannot agree on an 199 arbitrator, one may be appointed by the presiding Judge of the Snohomish County Superior 200 Court, with costs of arbitration borne equally. The prevailing party shall be entitled to 201 recover reasonable attorneys' fees and costs related to said arbitration. 202 203 19. The term of this Agreement shall commence upon filing with the County 204 Auditor or upon listing the Agreement by subject on the District's web site or other 205 electronically retrievable public source in accordance with RCW 39.34.040 following 206 mutual execution (the "Effective Date") and shall expire upon Project close-out or when the 207 parties have completed all obligations under this Agreement, whichever occurs last. 208 209 20. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 210 hereby appoint the District's Executive Director of Business and Operations as the 211 "Administrator", who will be responsible for administering the District's responsibilities 212 under this Agreement and shall take such action as is necessary to ensure this Agreement is 213 implemented in accordance with its terms. 214 215 21. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 216 hereby appoint the City of Lynnwood's Parks, Recreation & Cultural Arts Director as the 217 "Administrator", who will be responsible for administering Lynnwood's responsibilities 218 under this Agreement and shall take such action as is necessary to ensure this Agreement is 219 implemented in accordance with its terms. 220 221 22. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood 222 hereby appoint the City of Edmond's Parks, Recreation, and Cultural Services Director as 223 the "Administrator", who will be responsible for administering Edmonds' responsibilities 224 under this Agreement and shall take such action as is necessary to ensure this Agreement is 225 implemented in accordance with its terms. 226 227 23. This Agreement does not create a separate legal or administrative entity, and 228 consequently is being administered in accordance with RCW 39.34.030(4). 229 230 24. The parties shall maintain records necessary to carry out the purposes of this 2017 Meadowdale Playfields Development Agreement Page 5 231 Agreement in accordance with generally accepted accounting principles. Such records shall be 232 available during normal working hours for the review of the respective parties, their accounting 233 representatives or the State Auditor. 234 235 25. Lynnwood, Edmonds, and the District each respectively agree to indemnify, 236 defend, and hold harmless each of the other parties from any claims, lawsuits, costs, and 237 judgments arising as a result of their respective negligent or otherwise wrongful acts or 238 omissions, or the acts or omissions of their respective agents, employees, contractors, or 239 officials, in any way related to the Project funding, design, construction, and material selection 240 under this Agreement. The indemnification obligations of the parties are several, and not joint, 241 as to their respective negligence or breach of this Agreement. 242 243 26. This Agreement and all questions concerning the capacity of the parties, 244 execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, 245 construed and enforced in all respects in accordance with the laws of the State of 246 Washington. This Agreement has been negotiated and drafted by all parties and is not to be 247 construed in favor of any party. 248 249 27. Except as provided in the 1985 ILA, as amended, this Agreement represents the 250 entire agreement between the District and the Cities with respect to the Project. This Agreement 251 shall not be amended except in writing mutually agreed to and executed by the Cities and the 252 District. To the extent of any conflict between the terms and conditions of this Agreement and the 253 1985 ILA, this Agreement shall govern and control the rights and obligations of the parties with 254 respect to the Project. 255 256 28. Nothing herein shall be interpreted to create any right or liability with respect to 257 any person or entity not a party to this Agreement. 258 259 29. The parties are independent entities and nothing in this Agreement creates any 260 agency relationship. None of the parties to this Agreement shall be construed to be an officer, 261 agent or employee of any of the other parties. 262 263 30. All notices required to be served or given in accordance with the terms of this 264 Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre -paid, to the 265 following addresses of record, or to such persons and addresses as the respective party may 266 designate in writing in the future: 267 268 Edmonds School District #15 Executive Director of Business and Operations 2042068 1h Ave. West Lynnwood, WA 98036-7400 City of Edmonds Director of Parks, Recreation and Cultural Services 700 Main Street WA 98020 2017 Meadowdale Playfields Development Agreement Page 6 City of Lynnwood Director of Parks, Recreation and Cultural Arts Department PO Box 5008 Lynnwood. WA 98046-5008 269 270 31. This Agreement may be executed in several counterparts, all of which taken 271 together shall constitute the entire agreement between the parties hereto. If any provision of this 272 Agreement is determined to be invalid under any applicable statute or rule of law, it is to that 273 extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. 274 275 276 [Signatures on following page] 2017 Meadowdale Playfields Development Agreement Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and year first written above. EDMONDS SCHOOL DISTRICT NO, 15 SUPER [N'I'I+�NDEI�T KIS 7 1)UFFN' APPROVED AS TO FORM: Kristine R. Wilson of Perkin s Coic LLP Altomeys ror the School District CITY OF LYNNWOOD MAYOR \ ICOLA SMITH ATTEST/ AUTHENTICATE: 7lnljil Utll;lIgl;I, I'IHUIILL" LIHU%,lV1- APPROVED AS TO FORM: Rosemary Larson, City Attorney s CITY OF EDMONDS MAYOR DAVE EARLINC ATTEST/AUTHENTICATE: Scott Passey, Cite Cleric APPROVED AS TO FORM: Office of the City Attorney 277 278 279 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and 280 year first written above. 281 282 EDMONDS SCHOOL DISTRICT NO. 15 CITY OF EDMONDS SUPERINTENDENT KRISTINE McDUFFY MAYOR DAVE EARLING APPROVED AS TO FORM:_ AT TIANTICATE: Kristine R. Wilson of Perkins Coie LLP cot Passey, City C k Attorneys for the School District A t ED AS TO F . ....____.. Office of the City Attorney . CITY OF LYNNWOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: Sonja Springer, Finance Director APPROVED AS TO FORM: Rosemary Larson, City Attorney 2017 Meadowdale Playfields Development Agreement Page 8 277 278 279 IN WITNESS WHEREOF, the parties have executed this Agreement as ol�the day and 280 year first written above. 281 282 EDMONDS SCHOOL DISTRICT NO. 15 SUPERINTENDENT KRISTINE McDUFFY APPROVED AS TO FORM: Kristine R. Wilson of Perkins Coie LLP Attorneys for the School District CITY OF LYNNWOOD MAYOR NICOLA SMITH ATTEST/AUTHENTICATE: SoXj'a Spri4ger, Fin #nce Director APP OVED ASITO FORM: Rosemary rson, City Attorney CITY OF EDMONDS MAYOR DAVE EARLING ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2017 Meadowdale Playflelds Development Agreement Page 8 283 284 EXHIBIT A 285 EDMONDS SCHOOL DISTRICT NO. 15 286 Meadowdale Athletic Colr olex & Plavfelds 287 288 Legal Description 289 Tracts 82,83, 107 and 108, Meadowdale Beach, according to plat thereof recorded in Volume 5 290 of Plats, page 38, records of Snohomish County, Washington and adjacent to vacated 68`h Ave 291 West. 292 2017 Meadowdale Playfields Development Agreement Page 9 293 294 295 296 EXHIBIT B 1985 ILA Agreement 2017 Meadowdale Playfields Development Agreement Page 10 CDM'•S-11- a �ISfes.- RECE1VEDb � s �b:15 JUN 2 5 1985 fileeamre Offices DEVELOPMENVOPERATION AGREEMENT MEADOWDALE PLAYFIELD SITE WHEREAS, each of the subscribed signatories hereto is a public agency as defined by RCW Chapter 39.34; WHEREAS, each of the subscribed signatories desire and agree to enter into a joint action and to cooperate with each other for the purpose of developing, operating, maintaining, and scheduling a recreation-site;and; WHEREAS, Edmonds School District No. 15 owns approximately twenty five (25) acres located at 66th Avenue West and 168th Street S.W., and has indicated said acres to be called "Meadowdale Playfield Site," and WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County, and Edmonds School District No. 15 have identified a need for parks and recreation sites that will accord best with geographic, economic, population, and other factors influencing the development of the local communities, ands WHEREAS; Edmonds School District has identified the need for additional athletic fields in this area to enhance the District's educational program; NOW THEREFORE, the parties do agree as follows: 1. The Edmonds School District No. 1.5 agrees to make the property available for development by the agencies identified in this Agreement for consideration of use of the fields for school district -sponsored educational activities. The Cities of Lynnwood, Edmonds, and Snohomish County intend to establish the responsibility of each party to this agreement for the development, operation, maintenance, and scheduling of the recreation site. 2. The drawing dated March; 1985, entitled "Master Plan," adopted by the Councils of Lynnwood and Edmonds,. Snohomish County's Parks and Recreation Advisory Board and County Council, and Edmonds School District No. 15, is hereby made a part of this Agreement. The plan outlines development on the twenty five -acre site and considers future developments and scheduling of adjacent School District property: Meadowdale Elementary, Meadowdale middle School, and Meadowdale High School. 3. The Cities, County and School District agree that no call for bids will be authorized for each phase of the construction until such 2017 Meadowdale Playfields Development Agreement Page 11 page 1) time as all agencies have approved the final plans, specifications and cost estimate for each phase. Also that no award of a construction contract shall be made until approved by all agencies., 4. The Cities, County, or School District may propose additional development plans for the recreation site after first consulting with the other parties to this Agreement concerning the feasibility of such development. The costs of preparing such development plans will be borne entirely by the initiating agency unless a written agreement to share such costs is approve by all parties prior to the incurring of any costs. Development plans for the recreation site shall be first approved by the other agencies prior to initiating construction, improvement or installation. The preparation of proposed development plans does not obligate the initiating agency to proceed with construction. 5. The Cities shall bear the costs of construction. Snohomish County will contribute $150,000 in 1984/85 and additional amounts, as is later determined. The Cities of Lynnwood and Edmonds will each contribute $120,000 per year for five years for construction of the project. 6. The City of Lynnwood will serve as the construction agent for the purpose of initially incurring all expenses for all elements of the construction of the joint facility, including but not limited to architect and engineering fees, site development/construction fees, Washington State sales tax, etc. The Parks and Recreation Director of Lynnwood will act as the Construction Administrator. The Edmonds Parks and Recreation Director will act a Construction Administrator in the absence of the Lynnwood Parks and Recreation Director. 7. The City of Lynnwood shall bill the City of Edmonds and Snohomish County for their share of the project costs in accordance with the amounts listed in Section 5. Lynnwood shall keep appropriate books and accounts covering all construction related costs for review or audit by the agencies. 8. The Cities will share equally the costs and responsibility of maintenance, and divide the maintenance and operation responsibility as each phase of the project is completed. The Cities will each account for the costs of maintenance and operation of the playfields and adjust responsibilities annually if they are not equal. The School District will pay for the costs of field preparation for the District's use. A detailed maintenance agreement will be developed after the final master plan is accepted by all cities and an agreement is reached on the phases of the project's development. 2017 Meadowdale Playfields Development Agreement Page 12 Page 2 r) 9. If it is prudent to close or reduce scheduled use of a field because of severe adverse weather conditions or other unforeseen causes, the agencies involved shall confer and agree concerning reduced use. 10. If the Cities''Parks and Recreation Departments and the District's representative are unable to come to an agreement in the administration of this Agreement and/or any dispute involving this Agreement, including payment of assessments or making good on maintenance agreements, the matter shall be referred to the Cities' Mayors and the District's Superintendent for resolution. Should agreement not be reached among the Mayors and the Superintendent, the Cities and the District will each appoint an arbitrator at their respective expense. The three arbitrators will be given a designated time to arrive at a decision which shall be binding on all parties. 11. At least once a year, or upon written request of any party, this Agreement shall be reviewed by all parties' representatives for the purpose of reconsidering the equitable distribution of the responsibilities of each party. Recommendations for amendments shall be made to the Cities' Mayors and the District's Superintendent and presented to the Cities' Councils and the'School Board for approval. 12. The Cities and the District, but not the County, shall indemnify and hold harmless each of the other parties including the County, to this Agreement and their respective officers, agents and employees, from any and all loss, damage, liability or expense, including expense of litigation, resulting from any actual or alleged injury to any person or firm or to such person or firm's property, caused by or resulting from any act or omission of the party which constructs, maintains, or designs any facility or from any act or omission which occurs as a result of the use of any area or facility by the party or its guest or invitee. It is the intent of the parties that each party bear, and indemnify the other parties, from all claims, costs or loss which relate to that particular party's use, the use of its guests or invitees and the party's design, construction, or maintenance of any area or facility. Joint use, design, construction or maintenance shall result in indemnification by such parties of all parties not participating in suctr joint use, design, construction or maintenance. Participation by any party by the payment of funds alone under this Agreement shall not be "used" for the purposes of this paragraph. It is the stated intent of the parties that the County's liability under this contract be limited to the amount of its monetary contribution and that the County shall be liable for no other cost, charge, claim or liability of any kind. 13. The Cities and the District shall agree on a set of policies 2017 Meadowdale Playflelds Development Agreement Page Page 13 for use of the facilities. Attached in Appendix "A" are policies and procedures for the fields. 14. Each agency, in the use of the areas and facilities shall be responsible for the damage caused by the abts of its officers, agents, employees, guests, invitees,' or visitors that use the facilities, not to include normal wear and tear. The costs or repairs or replacement due to vandalism will be shared equally by the Cities. 15. The Cities may assess and collect fees from participants for any activity held on the site. Edmonds and Lynnwood will agree on a schedule of fees and charges annually. 16. The Cities or District will furnish and supply all expendable materials necessary for carrying on their activity at the facility. 17. Scheduling procedures: A. The Cities will jointly schedule use of the site with each agency receiving equal time for scheduling community programs. Schedules will be coordinated to assure maximum use of the facility. B. Scheduling will be based on three seasonal time periods, i.e., Winter - January through March; Spring/Summer - April - August; and Fall - September through December. C. School District programs will receive priority use of the site during the normal school year (September through May), up to 6:00 p.m., Monday through Friday. Scheduling of school programs after 6:00 p.m. will be coordinated with other community programs. D. Actual scheduling procedures, i.e., field use applications, rental fees, scheduling dates, supervision of activities, group priorities, etc., will be jointly developed and coordinated by staff from both Cities. E. The District will not pay field rental fees for its use of the facilities for educational purposes. The District will be assessed for field lighting costs and field preparation done by the Cities' maintenance crews (lining, dragging, placement of bases, etc.). F. The Cities and the District will maintain records that will 2017 Meadowdale Playtields Development Agreement page 4 Page 14 make clear the lines of responsibility and liability of the scheduling agencies. 18. This Agreement.shall be in effect for. forty (40) years from this date or until terminated by a majority vote of the parties, except as provided for in 18.c., or mutually amended in writing in the same manner as this agreement was executed. a. Should eithet of the Cities or the County unilaterally wish to withdraw from this Agreement, they shall do so only after having given the other parties written notice of intent to terminate at least one hundred eighty (180) days prior to such action. b. Unilateral withdrawal from this Agreement gives the withdrawing party no rights to recover any portion of its investment in the site or to use any portion of the site. ownership of any improvement other than portable equipment items shall be vested in the District subject to such rights as shall be agreed upon in writing prior to the initiation of such improvements. c. If the District terminates this Agreement before its full term, the District will give the Cities and the County one hundred eighty (180) days notice of its intent and will reimburse the Cities and the County for the amortized value of the development costs and costs of improvements. Value shall be calculated by using the formula: Years Agreement in Force X Replacement Value of All project 40 costs at the time of termination. 19. If a negative Declaration for Environmental Impacts is not approved, and conditions or mitigations are imposed in accordance with the State Environmental Protection Act that would impose greatly increased costs not anticipated by this Agreement, any party may withdraw from this Agreement without penalty. 2017 Meadowdale Playfields Development Agreement Page 5 Page 15 20. if any action, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional or illegal, such decision shall not affect the validity of the remaining portions of this Agreement. This Agreement shall be filed with the City Clerks, Snohomish County Auditor, and the Secretary of State. DATED this 5th day bf June 1985.. CITY OF EDMONDS: ,jirj iz• r� r •. • CITY OF LYNNWOOD: May, of Lynnwood EDMONDS SCHOOL DISTRICT NO. 15 � 2-6&�6 tRfSS Sue nten ent of Sc ools SNOHOMISH COUNTYZ THOMAS G n:.SOZN rs��t Y.ECU7IYE my "Execzta ve� 5 19851 ftp-( "j, -�' � 4 A 2017 Meadowdale Playfields Development Agreement page 6 Page 16 APPENDIX A : MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS JANUARY, 1985 1. Alcoholic beverages and drugs are prohi.bited'at the complex, and smokii is prohibited on the playing fields. 2. No golfing is permitted on the site unless approved by the Parks and •- Recreation Department. 3. Motorized vehicles are to be parked only in designated parking areas al 12. The groups using the facilities agree to hold harmless the cities of Edmonds and Lynnwood, Edmonds School District, and Snohomish County fry '• and against any and all claims for damages resulting from death, perso. injury, or property loss or damage suffered or claimed to have been suffered by any person whatsoever and rising out of any act or omissio of an applicant and/or its agents during use of facilities. 13. Umpires and/or referees shall be the final -authority for governing behavior during scheduled activities. 2017 Meadowdale Playfields Development Agreement Page 17 are prohibited or, the fields. ,:. ;,;.• 4. Pets must be on leash at all times except as may be permitted for spec events approved by the Parks and Recreation Department. 5. No person shall engage in the sale of merchandise or services or opera, a concession without approval of the Parks and Recreation Department. 6. No person shall mutilate, deface, or damage any facility improvements. All litter shall be disposed of in designated receptacles. 7• Youth organizations will not be permitted to utilize the facilities without adequate adult supervision at all times. ;.r... 8. All organizations, groups, and/or individuals utilizing the facilities .:; must leave them in satisfactory condition. Failure to do so will resu' :3.•;:1; in additional maintenance costs charged to the organization, group, or individuals responsible for additional clean-up. 9. The Parks and Recreation Department reserves the right to cancel any _ `acility use permit for just cause or to amend the procedures set fortl ` in this document at any time. 10. The Parks and Recreation Department is not responsible for accidents, ' injuries, or loss of property. 11. Misuse of park facilities or failure to conform with these regulations will be sufficient grounds for immediate permit suspension and/or denil of future applications. 12. The groups using the facilities agree to hold harmless the cities of Edmonds and Lynnwood, Edmonds School District, and Snohomish County fry '• and against any and all claims for damages resulting from death, perso. injury, or property loss or damage suffered or claimed to have been suffered by any person whatsoever and rising out of any act or omissio of an applicant and/or its agents during use of facilities. 13. Umpires and/or referees shall be the final -authority for governing behavior during scheduled activities. 2017 Meadowdale Playfields Development Agreement Page 17 MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS Page 2 14. Anyone whose action jeopardizes safety or engages in abusive or belligerent behavior will be disqualified from play and ballred from the facility. 15. The Facility Supervisor is -responsible for the total operation of the complex and makes the -final decisions regarding facility use. MD/kw 0829R 2017 Meadowdale Playfields Development Agreement Page 18 L W x 297 298 299 300 EXHIBIT C Lynnwood — District ILA Extension 2017 Meadowdale Playfields Development Agreement Page 20 Return Name & Address 111111 Illll���� 11111 ���� 11111111111111111111111111111 111111I Illi l� z�rM=oc9 W sr GS -�e— A---It:43m,"\yH9@O77HNGTGN Document Title(s) �- 5t �. � �1e.r-1. ac,aQ �crrl•e. �.-(,,,��c.e.` Reference Number(s) of Related Document(s) Grantor(s) Grantee(s) ""060a,_ Additional Reference #'s on Page Additional Grantors on Page _ Additional Grantees on Page_ Legal Description (abbreviated form: is Lot/Block/Plat or Section/Township/Range) Assessor's Property Tax ParcellAccount Number Complete Legal on Page Additional Parcel #'s on Page _ The Auditor/Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. 2017 Meadowdale Playflelds Development Agreement Page 21 EXTENSION OF INTERLOCAL AGREEMENT BETWEEN EDMONDS SCHOOL DISTRICT and THE CITY OF LYNNWOOD MEADOWDALE PLAYFIELDS This Extension of Interlocal Agreement ("Agreement"), dated as of & , 2012, is made and entered into by and between EDMONDS SCHOOL D9rMCT NO. 15 ("School District") and THE CITY OF LYNNWOOD ("Lynnwood"). RECITALS WHEREAS the School District and Lynnwood desire to terminate all interlocal agreements between the School District and Lynnwood with respect to rights and obligations for Lynnwood's use of the fields and amenities at former Lynnwood High School, located at 3001 184th Street SW, Lynnwood, WA 98037-4701 ("Former LHS Agreements"); and WHEREAS the School District, Lynnwood, the City of Edmonds ("Edmonds") and Snohomish County (the "County") entered into a Development/Operation-Agreement Meadowdale Playfields dated June 5, 1985 ("1985 Meadowdale ILA") which pertains to the approximately 25 acres of real property owned by the School District and located at 66th Avenue West and 168th Street S.W., legally described on Exhibit A ("Meadowdale Playfields"), which agreement has a current term through June 5, 2025; and WHEREAS, to forever resolve all outstanding issues between Lynnwood and the School District arising from or related to the Former LHS Agreements, the School District and Lynnwood desire to extend Lynnwood's rights and obligations at Meadowdale Playfields for an additional 40 years beyond the expiration of the current 1985 Meadowdale ILA and contemporaneously terminate, by separate agreement, the Former LHS Agreements; and WHEREAS both the School District and Lynnwood desire to maintain cooperative, collaborative programs and relationships with Edmonds with respect to Parks and Recreation and other issues of interest to their respective constituents; and WHEREAS Lynnwood has expressed a desire to expand Lynnwood's rights and obligations at Meadowdale Playfields to include the rights and obligations of Edmonds under the 1985 Meadowdale ILA, either at the time Edmonds' rights expire under the 1985 Meadowdale ILA or sooner if possible; and 00358-0835/LECAL23609131.3 -I- 2017 I- 2017 Meadowdale Playfields Development Agreement Page 22 WHEREAS the School District will not guarantee the outcome but agrees to pursue discussions with Edmonds to provide Lynnwood with exclusive use of the Meadowdale Playfields when not needed for school purposes by the School District, all as set forth in this Agreement. NOW, THEREFORE, the School District and Lynnwood hereby agree as follows: 1. PURPOSE The purposes of this Agreement are to: (a) extend, as modified by this Agreement, Lynnwood's use rights and obligations with respect to use of the Meadowdale Playfields under the 1985 Meadowdale ILA by forty (40) years, (b) allow Lynnwood to assume additional use rights and obligations at the Meadowdale Playfields site if Edmonds ceases its use (currently anticipated to occur in 2025 when the 1985 Meadowdale ILA expires as to Edmonds, and potentially sooner if Edmonds desires to terminate its use of the Meadowdale Playfields sooner), and (c) establish cost sharing principles between the School District and Lynnwood regarding potential future redevelopment of the Meadowdale Playfields. 2. CONTRACT ADMINISTRATOR 2.1 Pursuant to RCW 39.34.030(4)(a), to the extent a matter is not governed by the 1985 Meadowdale ILA, the School District and Lynnwood hereby appoint the School District's Executive Director of Business and Operations as the "Contract Administrator", who will be responsible for administering this Agreement, and at the direction of the parties, shall take such action as is necessary to ensure this Agreement is implemented in accordance with its terms. 2.2 This Agreement does not create a separate legal or administrative entity, and consequently is being administered in accordance with RCW 39.34.030(4), as provided in paragraph 2.1. 3. REAL AND PERSONAL PROPERTY 3.1 The School District owns the real property that is the subject of this Agreement. This Agreement does not contemplate the transfer of ownership of the Property nor to limit the School District's ability to comply with its statutory obligations regarding the use and disposition of school property pursuant to RCW 28A.335. 00358-0835/LEGAL23609131.3 -2- 2017 Meadowdale Playfields Development Agreement Page 23 3.2 The parties will not, during the term of and pursuant to this Agreement, jointly acquire or hold any property (real or personal) with regard to the Meadowdale Playfields; provided that the parties may make available to each other, as a matter of convenience, athletic equipment and other personal property normal and incident to the use of the Meadowdale Playfields. In the event that any such personal property items are shared, the parties shall maintain records indicating the nature and quantity of the items shared. Ownership and maintenance of any such personal property items shall remain with the party who purchased the personal property item. 3.3 By operation of this Agreement, Lynnwood does not acquire any ownership interest in and disclaims any interest to the Meadowdale Playfields, which is and will remain the School District's property. 4. EXTENSION, DURATION AND TERMINATION 4.1 The School District and Lynnwood hereby extend the term of the 1985 Meadowdale ILA, as between themselves only as set forth herein, to June 5, 2065. 4.2 The term of this Agreement shall commence upon filing with the County Auditor or upon listing the Agreement by subject on the School District's web site or other electronically retrievable public source in accordance with RCW 39.34.040 following mutual execution (the "Effective Date") and shall expire on June 5, 2065. 4.3 As between the School District and Lynnwood with respect to any new capital investment by Lynnwood in the Meadowdale Playfields made after the Effective Date of this Agreement not joined in by Edmonds under the 1985 Meadowdale ILA, provided that such investment in the Meadowdale Playfields shall first have been reviewed and approved in writing by the School District, Lynnwood's refund under Section 18(c) of the 1985 Meadowdale ILA shall be calculated as follows: Years this Extension Agreement remains in Force X I Replacement value of Project Construction 53 - Cost at Time of Termination. 5. NEGOTIATIONS TOWARD LYNNWOOD EXCLUSIVE USE RIGHTS AT MEADOWDALE PLAYFIELDS DURING NON -SCHOOL HOURS 5.1 This Agreement does not amend the 1985 Meadowdale ILA, except to (a) extend the term stated in Paragraph 18 for an additional forty (40) years until June 5, 2065, and (b) amend the scheduling stated in Paragraph 17. However, the School District shall engage in good faith negotiations with Edmonds toward moving Edmonds' scheduling and use of the Meadowdale Playfields to other fields when the current 00358-0835/LEGAL23609131.3 -3- 2017 Meadowdale Playfields Development Agreement Page 24 Meadowdale ILA expires in 2025 or earlier, and to thereafter provide Lynnwood with exclusive use rights and obligations at the Meadowdale Playfields site during non - school hours as set forth in this Section 5. Lynnwood acknowledges (a) the School District cannot guarantee any particular outcome with regard to negotiations with Edmonds regarding the termination of Edmonds' use of the Meadowdale Playfields prior to 2025, and (b) this Section 5.1 does not require the School District to exercise its termination rights under Section 18(c) of the 1985 Meadowdale ILA to secure any such cessation of Edmonds' Meadowdale Playfields scheduling or use. 5.2 In furtherance of this Section 5, Lynnwood and the School District will jointly request review of the 1985 Meadowdale ILA to seek exclusive non -school use and scheduling rights for Lynnwood if and as soon as Edmonds concurs, as follows: (a) The School District will continue to have priority use of the Meadowdale Playfields during school hours as described in the 1985 Meadowdale ILA. (b) If and when Edmonds terminates its use rights at the Meadowdale Playfields, Lynnwood shall 1. assurne Edmonds' future use rights and obligations during non - school hours, and thereafter have exclusive use and scheduling rights at the Meadowdale Playfields, except for the School District's priority use rights during school hours as described in the 1985 Meadowdale ILA; and 2. assume full responsibility for the maintenance, operation, repairs, and restoration of the Meadowdale Playfields site as described in the 1985 Meadowdale ILA. Notwithstanding such amendment, in accordance with section 17(e) of the 1985 Meadowdale ILA, the School District will not pay fees for its use of the Meadowdale Playfields site for educational purposes, but the School District will be assessed for field lighting costs and field preparation done by Lynnwood's maintenance crews (lining, dragging, placement of bases, etc.). 5.3 The City's scheduling periods under Section 17(c) of the 1985 Meadowdale ILA are revised as follows: Field M-5 -City. of Lynnwood scheduling starts at 5:30 p.m. Fields M-1through 4- City of Lynnwood scheduling starts at 5:00 p.m. 003 5 8- 0535/LEGAL23609131.3 -4- 2017 Meadowdale Playfields Development Agreement Page 25 with the understanding that the School District has the right to work with the City to make special scheduling arrangements on those occasions when the District's use of the fields need to extend beyond those start times. 6. DEVELOPMENT PLANS FOR MEADOWDALE PLAYFIELDS 6.1 The School District agrees to pay one-half of the cost (subject to section 6.2 and applicable budgeting and other applicable legal requirements) of master planning the redevelopment of Meadowdale Playfields at a future mutually -agreeable date, should Lynnwood wish to consider realigning the fields on the Meadowdale Playfields property along with any other site improvements. The School District's role in sharing the cost of the master planning effort, if it occurs, is due to the School District's continued ownership of the property and the School District's interest in continued access to and school use of the fields, as well as parking and driveways at the Meadowdale Playfields as event overflow parking and parent drop-off/pick-up for Meadowdale Elementary and Meadowdale Middle Schools. 6.2 Upon notice to the School District given on or before May 1 and including an estimate of the School District share of anticipated costs, for work that cannot be billed to the School District until the following September, Lynnwood shall have the right to initiate and take the lead on the master planning and site design and redevelopment process under this Section 6. As the owner of the Meadowdale Playfields property, the School District must approve of any redevelopment of the property, which the School District may grant, deny or condition in its sole discretion. The preparation of and agreement to pay for master planning costs does not obligate either party to proceed with construction or redevelopment. 6.3 The School District cannot guarantee but may be willing to share the costs of redevelopment of the Meadowdale Playfields, but only to the extent that the School District derives an educational benefit from such redevelopment (which the School District anticipates may be limited to benefits of the location, function and accessibility of the parking/driveways as noted in section 6.1, and perhaps the redesign of the fields). 7. MISCELLANEOUS 7.1 This Agreement together with the 1985 Meadowdale ILA represents the entire agreement between Lynnwood and the School District with respect to the Meadowdale Playfields. This Agreement shall not be amended except in writing mutually agreed to and executed by Lynnwood and the School District, and the 1985 Meadowdale ILA shall not be amended except in writing in the same manner as that agreement was executed by all parties thereto. 0035 8-0 93 5/LEGAL2360913 1.3 -5- 2017 Meadowdale Playfields Development Agreement Page 26 7.2 This Agreement and all questions concerning the capacity of the parties, execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement has been negotiated and drafted by all parties and is not to be construed in favor of any party. 7.3 Nothing herein shall be interpreted to create any right or liability with respect to any person or entity not a signatory to this Agreement. 7.4 The parties are independent entities and nothing in this Agreement creates any agency relationship. None of the parties to this Agreement shall be construed to be an officer, agent or employee of any of the other parties. 7.5 In the event of a dispute between the parties arising under this Agreement, the Superintendent of the School District and the Mayor of Lynnwood shall meet to attempt to resolve the dispute within thirty (30) days notice from the Contract Administrator of the existence of a dispute. In the event the Superintendent and the Mayor are unable to resolve the dispute within sixty (60) days notice from the Contract Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon private arbitrator for a binding resolution. In the event the parties cannot agree on an arbitrator, one may be appointed by the Presiding Judge of the Snohomish County Superior Court, with costs of arbitration borne equally. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs related to said arbitration. 7.6 All notices required to be served or given in accordance with the terms of this Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre- paid, to the following addresses of record: Edmonds School District #15 City of Lynnwood Executive Director of Business and Director of Parks, Recreation and Cultural Operations Arts Department 2042068 1h Ave. West PO Box 5008 Lynnwood, WA 98036-7400 Lynnwood, WA 98046-5008 7.7 Any address changes shall be given to the other parties in writing. 7.8 This Agreement may be executed in several counterparts, all of which taken together shall constitute the entire agreement between the parties hereto. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. If and to the extent reasonably required or desirable to 00358-0835/LEGAL23609131.3 -6- 2017 Meadowdale Playfields Development Agreement Page 27 effectuate the terms of this Agreement, each party shall execute and deliver to the other or third parties involved in issues pertaining to the 1985 Meadowdale ILA such other and further documents, instruments and assurances as such other or third party may reasonably request, provided that neither party to this Agreement may be thereby required pursuant to this sentence to undertake additional financial or other obligations. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. EDMO SCHOOL DISTRICT NO. 15 NICK SSOIT ED. b. SUPERINTENDENT DATE: DATE: Mr -400--f =— 00358.0835/LEGAL23609131.3 as of Perkins Coie LLP Attorneys for the School District Approved as to form: of Inslee, Yest, Doezie & Ryder, P.S. Attorneys f:or the City dA 2017 Meadowdale Playflelds Development Agreement Page 28 EXHIBIT D Project Overview Project Location: 16700 66th Avenue West (27 acres) Background • 27 -acre athletic facility developed in 1990, located in Lynnwood • Property owned by Edmonds School District • City operates and maintains the facility, and shares use with District and City of Edmonds • Interlocal Agreement gives City use of the facility through 2065 Community Need • Only athletic facility in Lynnwood since loss of athletic complex at Lynnwood High School in 2009 • Increased demand for athletic fields in Lynnwood • Facility is 26 years old - need to improve soccer fields and softball complex • Fields are not playable in their current condition, expensive to maintain • League and tournament reservations have declined, fields remain unused during much of the year Proposed Project • Soccer fields — replace existing dirt soccer fields with all-weather surfacing to create multipurpose fields for soccer, lacrosse, and youth baseball. • Softball Complex — install all-weather turf on softball infields, and increase height of fencing and backstops. • Improvements would: provide year-round play with turf fields bring new team sports to MP (lacrosse, youth baseball, girls fast pitch) -� increase opportunities for youth and adult participation in team sports increase opportunities for outdoor recreation Community Partners • City of Lynnwood, City of Edmonds, Edmonds School District, Washington State Recreation & Conservation Office, Snohomish County, and Snohomish County Tourism Promotion Area Total Project Cost Estimate (value -engineered) • $4,740,000 (base -bid infill) SECURED Funding • $2,597,155 • $1,000,000 • $ 750,000 • $ 500,000 • $ 200,000 • 1{l0 000 $5,147,155 City of Lynnwood 2014 ESD Bond RCO (Local Parks & YAP) City of Edmonds Snohomish County TPA Exhibit D: Page 1 2017 Meadowdale Playfields Development Agreement Page 29 Project Schedule • December 13 • January 25 • January 30 • January — March • March 30 • April - May • June — November • December 31 Project Community Open House Project Stakeholder Open House Council Briefing Final Design Construction Ad Bid Opening & Notice to Proceed Construction Construction Complete and Project Closeout MEADOWDALE PLAYFIELDS If 27 Acres 16700 66th Ave W Exhibit D: Page 2 2017 Meadowdale Playfielda Development Agreement Page 30 Exhibit D: Page 3 2017 Meadowdale Pleytields Development Agreement Page 31 Wil 306 EXHIBIT E 307 National Park Service Agreement & 6f Boundary Map 308 309 310 2017 Meadowdale Playfields Development Agreement Page 32 • •UMB No, 1024-0033 09/30/84 UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PURL SERVICE Land and Water Conservation Fund Project Agreement state Washington " Project Title Meadowdale Playfields Project Number 53-00594 Project Period py' , - 1986 Project Stage ALL to June 30, 1991 Covered by this Urreement Project Scope (Description of Project) This project involves the further development of the existing'Meadowdale Playfleld complex. I ' •(. project cost The following are hereby incorporated into this agreement: Total Cost s 390,000 Fund Support not 1. General Provisions (LWCF Manual) to exceed 50% Fund Amount $ 150,000 2. Project Application and Attachments. Cost of this Stage $ 390,000 3, Assistance this Stage s 150,000 4. NPS 10-902 2017 Meadowdale Playfiel{�rlkipment Agreement (7-81) Page 3 0 • The United States of America, represented by the Director, National Park Service, United States Department of the Interior, and the State named above (herinafter referred to as the State), mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 79 Stat. 897 (1964), the provisions and conditions of the Land and Water Coneervation Fund Grants Manual, and with the terms, promises, conditions, plane, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto or retained by the State and hereby made a part hereof. The United States hereby promises, in consideration of the promisee made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States' share of the costs of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the United States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: In witness whereof, the parties hereto have executed this agreement as of the date entered below. THE ITED S ATES OF AKER A STATE By wASHINGIQU (Signature) Signature) National Park Service United States Department of the Interior Date 9 /-Z— �> NPS 10-902 (7-81) 2017 Meadowdale Playfields Development Agreement Page 34 ROBERT L. WILDER (Name) Director (Title) A6 619 • UNITED STATES STATE Washington (53) DEPARTMENT OF THE INTERIOR NATIONAL P..RK SERVICE Project Amendment No. 53"005911 AMENDMENT TO PROJECT AGREEMENT THIS AMENDMENT To Project Agreement No.86-0450is hereby made and agreed upon by the United States of America, acting through the Director of the National Park Service and by the State of Washington pursuant to the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964). The State and the United States, in mutual consideration of the promises made herein and in the agreement of which this is an amendment, do promise as follows: That the above mentioned agreement is amended by adding the following: The project cost is increased by $390,000 ($150,000 LWCF/$240,000 local). Project scope is increased to allow for additional development of the Meadowdale Playfield complex. With this amendment the total project cost is $780,000 ($300,000 LWCF and $480,000 local), In all other respects the agreement of which this is an amendment, and the plans and specifications relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. THE UNITED STATES OF AMERICA STATE 8y / Washington Signature) (State) CHIEF, DIVISION 80 (Title) Signature) National Park Service United States Department of the Interior i Date 9a6 NPS 10-902a 2017 Meadowdale Playflelds Development Agreement Page 35 ROBERT L. WILDER (Name) Director (Title) FI r� y • O 3 v ■ � � N mob!}} v Ln .,q • �� ��9♦ - 5 CCE O •' ll VI, C3 �ii5 O ld �. n,tirr:Yi� y i _ n Lar, .n 4 st7 Yfs.er • F .rte..-w.i+.w... n, � /. R i F4� er 4w 7.aa ar.■ Al 1 • r - ei" ip r n n> it _ K f Ov • nL..1r i ■ • � N • ' O O ■ ■ Y � Y u O : O ♦ i : • i Y � � a a � • ■ • a r Y Y r - H nd, Linda From: Hite, Carrie Sent: Wednesday, August 23, 2017 8:13 AM To: Cruz, Cynthia (P&R); Hynd, Linda Subject: Executed Meadowdale agreement Attachments: Executed Meadowdale Playfields Interlocal Agreement.pdf Hi Cynthia and Linda: Here is a copy of the executed Meadowdale Playfields development agreement. I didn't receive a hard copy, only an email copy. Thanks Carrie Hite I CPRE Parks, Recreation, and Cultural Services Director City of Edmonds 1 700 Main Street I Edmonds WA 98020 425.771.0256 1 425.771.0253 (F) ccarrie.trite@eclmondswa.aov_ I www.edmondswo.e�ov