Sno-Isle Library Annexation AgreementCITY CLERK
CITY OF EDMONDS
121 5TH AVENUE NO.
EDMONDS, WA 98020
LIBRARY ANNEXATION AGREEMENT
WHEREAS, the City of Edmonds (hereinafter "City"), entered into a Library Services
Agreement on November 5, 19981, (hereinafter "Services Agreement"), with the Sno-Isle
Regional Library District (hereinafter "Library District"); and ,
WHEREAS, the City approved, by Ordinance No. 3342 of the City Council, on the 2nd
day of January, 2001, its intention to annex to the Library District, finding that the public interest
will be served thereby, pursuant to RCW 27.12.360 and .370; and
WHEREAS, the Board of Trustees of the Library District did, on the 22nd day of
January, 2001, concur with the annexation, subject to the following Library Annexation
Agreement (hereinafter "Annexation Agreement") being entered into between the City and the
Library District:
WITNESSETH
The City and the Library District, in consideration of their mutual promises and
covenants hereinafter set forth, agree:
1. The City shall submit to, a special election on the 15th day. of May, 2001, pursuant
to RCW 27.12.370, the question of whether the City shall be annexed to the Library District.
2. If a majority of the persons voting at the special election vote in favor of such
annexation, the City shall be annexed to and become part of the Library District. If a majority of
the persons voting do not vote in favor of such annexation, then this Annexation Agreement shall
be null and void and the Services Agreement shall remain in effect according to its terms.
3. Effective upon January 1, 2002, and continuing thereafter until such annexation
shall be withdrawn according to the laws of the State of Washington, if ever, or the parties
otherwise mutually agree in writing, the parties shall have the following obligations pursuant to
this Annexation Agreement:
3.1 Obligations of City. Effective January 1, 2002, or such other effective
date of the annexation, and thereafter, as long as the Library District requests the City to provide
Library Quarters or until such annexation is withdrawn according to the laws of the State of
Washington, if ever, or the parties otherwise mutually agree in writing, the City shall continue to
provide, within the City, at no rental cost to the Library District quarters, as described herein,
along with any of the quarters' existing furnishings, shelving, fixtures and other improvements,
for the Library with sufficient and satisfactory electricity, gas, water, sewer, garbage and
custodial seivices; provided, however, the Library District shall reimburse the City for the actual
1 The Library Services Agreement was executed by the Library District on October 26, 1998, and the City on
November 5, 1998.
or proportionate costs, of providing utilities and custodial services to the quarters pursuant to
paragraph 3.2.1 below.
3.1.1 The City shall provide to the Library District quarters for the
library. At the commencement and during the course of this Annexation Agreement, except as
set forth herein or otherwise agreed to by the parties, Quarters shall consist of 17,001 square feet
of floor space on the first floor, excluding the common area (lobby, elevator and rest rooms,
comprising 924 square feet) of the Edmonds Library Building located at 650 Main Street,
Edmonds, Washington (the "Library Quarters"). In the event that the Library Quarters shall be
destroyed or the use of them impaired by fire, earthquake or other natural disaster, or shall
become so deteriorated in their use that they are unsuited and unfit for library use, the parties
agree to meet to renegotiate the provisions of this paragraph.
3.1.2 The City shall provide access to the Library Quarters through
common areas as noted in Section 3.1.1 above. The City shall provide custodial maintenance
and utilities, or a pro -rated portion thereof attributable to such common areas.
3.1.3 The City shall provide all exterior
landscaping services.
3.2 Obligations of the Library District:
3.2.1 The Library District shall reimburse the City for the actual or pro-
rated costs of providing utilities and custodial maintenance to the Library Quarters described in
Section 3.1.1 of this Agreement. The City shall provide such reasonable and necessary
documentation of any expenses for which it seeks reimbursement to allow the Library District to
verify the nature of the expense and amount of the Library District's share of such expenses.
3.2.2 The Library District shall assume responsibility for and provide all
replacement furnishings and office equipment necessary to operate the library in accordance with
the mission of the Library District. The furnishings, office equipment, fixtures, shelving and
other improvements currently in the Library Quarters shall remain and be available for use by the
Library District.
3.2.3 The Library District shall establish an Edmonds Building
Maintenance Reserve Fund, hereinafter referred to as the "Reserve Fund". The Library District
shall pay into the Reserve Fund the amount of One Million One Hundred Eleven Thousand Six
Hundred Fifty Eight Dollars ($1,111,658.00) over the course of the first three (3) years of this
Agreement based on the following three (3) year payment schedule:
Year 1 $538,732
Year 2 $374,814
Year 3 $198,112
TOTAL $1,111,658
3.2.3.1 The Reserve Fund shall remain in the Library District
2
Reserve Fund, under the control of the Library District but subject to this Agreement. In the
event that this Agreement terminates or the Library District utilizes facilities within the City of
Edmonds that are not owned by the City of Edmonds, the Library District shall be free to apply
any balance in the Reserve Fund as it may deem appropriate, in its sole discretion.
3.2.3.2 The Library District shall invest the Reserve Fund,
along with the Library District's other Reserve fund; provided, that the interest earnings on the
Reserve Fund shall be credited to and available for the expenditures for which the Reserve Fund
was established.
3.2.3.3 The money in the Reserve Fund shall be applied to the
Library District's share of the cost of replacement of the roof of the building in which the
Library Quarters are located. The share of the cost of replacement of the roof shall be fifty
percent (50%) of that cost up to an aggregate total contribution of Three Hundred Thousand
Dollars ($300,000.00). The Library District shall make payment upon receipt of invoices or
other payment requests from the City which shall provide the Library District with
documentation of the costs and the City's contemporaneous payment of its share of the cost or
installment thereof.
3.2.3.4 The balance of the funds in the Reserve Fund may be
used with the mutual consent of the Library District and the City to pay for maintenance,
furnishings, equipment and improvements within the Quarters described in Section 3.1.1 of this
Agreement. Such maintenance and improvements may include but are not limited to: carpeting,
paint and/or wall coverings, light fixtures and any and all other fixtures and amenities within the
quarters described in Section 3.1.1 of this Agreement. The level of such maintenance and/or
replacement shall be at the discretion of the Library District, provided that the level of
maintenance shall be consistent with public safety and the protection of the Library's quarters
from unreasonable wear and tear. In the event that the Reserve Fund is exhausted, the City and
the Library District shall negotiate the responsibility for maintenance, furnishings, equipment
and improvements for the Library Quarters.
3.3 Except as provided for herein, the City shall be responsible for all other
maintenance, repair or capital costs to the building in which the Library Quarters are located and
the property on which it is located. The City shall be responsible to determine the level and
timing of all maintenance, repair or capital improvement, with the level and timing being
determined in the reasonable exercise of the legislative discretion of the City.
4. No Indemnity. The parties shall bear their respective liabilities in the event of a
claim by a third party in accordance with the laws of the State of Washington. Neither party
agrees or promises to indemnify or hold harmless the other and liability shall be determined in
accordance with state law.
5. The Library District shall continue to provide library services to the residents of
the City pursuant to the applicable provisions of Chapter 27.12.RCW and in accordance with the
applicable policy or policies of its Board of Trustees until such time, if ever, that said annexation
be withdrawn according to the State of Washington.
6. The Library District and the. City shall maintain general liability insurance in an
amount not less than Two Million Dollars ($2,000,000) per claim and Three Million dollars
($3,000,000) annual aggregate covering acts and omissions and those of its employees and
agents. The City shall maintain its participation in the Washington Cities Insurance Authority
(WCIA) or provide similar liability coverage.
7. The City shall appoint a local library advisory board and, from time to time,
replacements thereto as necessary to serve in an advisory capacity to the city and to the Library
District.
8. Subject to the survival of applicable indemnity provisions, the underlying
Services Agreement between the parties shall terminate upon such date as set by state law as the
effective date of the annexation, provided that such annexation is approved by the voters.
9. The provisions of this Annexation Agreement are intended and shall supersede
and replace the provisions of the Services Agreement upon its termination referenced above.
DONE this �''`�'
� day ofJLWh� , 2001.
ATTEST/AUTHENTICATED:
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Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
OFFICE F THFtCITY ATTORNEY:
W. Scott Snyder
CITY OF EDMONDS
Major Garolakenson
SNO-ISLE REGIONAL
LIBRARY DISTRICT
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