Lynndale Park Phase III Improvements Interlocal AgreementINTERLOCAL AGREEMENT
BETWEEN CITY OF LYNNWOOD AND CITY OF EDMONDS
LYNNDALE PARK PHASE III IMPROVEMENTS
THIS AGREEMENT is made this 22 day of June , 1998, by and between the City of
Edmonds (hereinafter "Edmonds") and the City of Lynnwood (hereinafter "Lynnwood"), both
municipal corporations under the laws of the State of Washington.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to
make the most efficient use of their power by enabling them to cooperate with other government
entities on the basis of mutual advantage and thereby to provide services and facilities in a manner
pursuant to forms of governmental organizations that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities; and
WHEREAS, the respective Comprehensive Park and Recreation Plans of Lynnwood and
Edmonds have documented the need for joint partnerships to increase recreational opportunities; and
WHEREAS, Lynnwood owns and operates Lynndale Park which is within the City of
Lynnwood; and
WHEREAS, Lynnwood has developed the Lynndale Park Master Plan (hereinafter "Master
Plan"), attached hereto as Exhibit "A", which outlines improvements within and to Lynndale Park;
and
WHEREAS, the citizens, through public meetings, have been informed of the Master Plan and its
contents, and have approved the same; and
WHEREAS, Lynnwood will be constructing Phase III improvements to Lynndale Park according
to the Master Plan; and
WHEREAS, Edmonds recognizes the utilization of and benefits derived from Lynndale Park by
its citizens; and
WHEREAS, Lynnwood and Edmonds have agreed to jointly fund the Phase III improvements as
outlined in the Master Plan;
NOW, THEREFORE, BE IT AGREED, upon approval of each agency in accordance with RCW
39.34.030, the parties do agree as follows:
I. GENERAL CONDITIONS
1.1 Premises. The Lynndale Park property subject to this Agreement is owned and controlled
by Lynnwood and is located at 18927 - 72nd Avenue West within the City limits of
Lynnwood, Snohomish County, Washington (see Location Map, attached hereto as
Exhibit `B").
Exhibit 1
� -4,4 , -I-
6111 f 1 e
1yn\pa\1ynnda1e.001
6/10/99 4:55 PM
Page 1 of 4
1.2 Local Capital Improvements. Capital improvements at Lynndale Park are needed to
provide recreational facilities for both Lynnwood and Edmonds, as documented in their
respective Comprehensive Park and Recreation Plans.
1.3 Term. This agreement shall commence upon execution by the parties and shall remain in
effect for twenty (20) years according to its terms.
1.4 Amendments. This agreement may be amended only upon written agreement of the
parties, executed in the same manner as provided by law for the execution of this
agreement. This agreement shall constitute the full and complete agreement as between
the parties.
II. DUTIES OF THE PARTIES
2.1 Duties of Lynnwood. Lynnwood agrees to perform as follows:
a) Upon receiving the payments provided for in this Agreement, serve as the lead agency
to coordinate the project planning and construction to improve approximately 3 acres
of Lynndale Park located along Olympic View Drive. Improvements are to include
open play areas, multipurpose court, skate park, trails, play equipment, restroom
facility, picnic facilities, landscaping, and parking.
b) Provide an identifying sign listing Lynnwood and Edmonds as financial participants in
the Phase III park site development.
c) Provide to Edmonds residents the use of all Lynndale park facilities on the same terms
as Lynnwood residents for the term of this Agreement.
d) For at least five (5) years after completion of development, keep and maintain books
and records documenting development costs at least equal to the amount of the
Edmonds' development contribution, in a manner consistent with the ordinary
accounting practices and requirements of the Washington State Auditor.
e) Guarantee and provide long-term maintenance and upkeep of the facilities and
improvements jointly funded with Edmonds under this agreement.
f) During construction and until final acceptance, require the contractor to indemnify,
defend and hold harmless the parties from any liability arising out of or relating to the
construction contract, and require the contractor to maintain comprehensive public
liability insurance naming the City of Edmonds as an additional insured in the amount
of $1,000,000 per occurrence.
2.2 Duties of Edmonds. Edmonds agrees to perform as follows:
a) Provide financial contribution to Lynnwood in the amounts set forth herein for the
Lynndale Park Phase III improvements, with the Park to be made available to
Edmonds residents as described in this Agreement.
b) Provide financial contribution to Lynnwood in the amount of $5,000.00 per year for
maintenance and upkeep of the facilities and improvements jointly funded with
Lynnwood under this Agreement.
Exhibit 1
1yn\pa\1ynnda1e.001 Page 2 of 4
6/10/98 4:55 PM
III. PROJECT FUNDING
3.1 Funding. Funding for the project will be as follows:
a) City of Lynnwood $355,000
City of Edmonds $355,000
(Edmonds will contribute $200,000 and $100,000 in 1998 and 1999 respectively for
Phase III general park improvements and $55,000 in 1998 for the skate park portion
of the project)
Total Project Cost $710,000
In the event project costs are less than the amount stated, Lynnwood and Edmonds shall
agree in writing to an amendment to this agreement addressing how the balance of the
funds shall be allocated. Funding could be used for additional improvements and/or site
amenities. If the parties are unable to reach such agreement, the balance of the funds shall
be returned to each of the parties in proportion to their initial contributions as stated
above.
3.2 Pam. Payment shall be made within ten (10) days of an invoice submitted by the City
of Lynnwood to Edmonds.
IV. PROJECT TIMETABLE
4.1 Projected_ Timetable. The projected timetable for the project is as follows:
a) Plans and Specifications Complete September, 1998
b) Project Bidding and Contract Award October, 1998
c) Construction November, 1998 through June, 1999
V. ADDITIONAL REQUIREMENTS
5.1 Compliance with Laws. Lynnwood shall comply with all applicable federal, state and
local laws, rules and regulations in performing this Agreement, including but not limited
to laws against discrimination.
5.2 Direction and Control. Lynnwood will perform the services under this Agreement as an
independent contractor and not as an agent, employee, or servant of Edmonds.
Lynnwood specifically has the right to direct and control its own activities in providing
the agreed services in accordance with specifications set out in this Agreement.
Lynnwood and Edmonds shall have the right to ensure performance. Edmonds shall
further have the right of approval or rejection in the following aspects of the project: final
design, construction contract award, and final acceptance of the project.
5.3 Hold Harmless and Indemnification.
a) Lynnwood shall protect, save harmless, indemnify, and defend, at its own expense,
Edmonds, its elected and appointed officials, officers, employees, and agents, from
any loss or claim for damages of any nature whatsoever arising out of or relating to
Exhibit 1
1yn\pa\1ynnda1e.001 Page 3 of 4
6/10/98 4:55 PM
the performance of its duties under this Agreement, including claims by employees of
Edmonds or third parties, except for those damages solely caused by the negligence
or willful misconduct of Edmonds, its elected or appointed officials, officers,
employees, or agents.
b) Edmonds shall protect, save harmless, indemnify, and defend, at its own expense,
Lynnwood, its elected and appointed officials, officers, employees, and agents, from
any loss or claim for damages of any nature whatsoever arising out of or relating to
the performance of its duties under this Agreement, including claims by employees of
Lynnwood or third parties, except for those damages solely caused by the negligence
or willful misconduct of Lynnwood, its elected or appointed officials, officers,
employees, or agents.
c) If a claim subject to RCW 4.24.115 is caused by or results from the concurrent
negligence of Lynnwood, its elected officials, officers, employees or agents, or
Edmonds, its elected or appointed officials, officers, agents, or employees, this
section 5.3 shall be valid and enforceable only against Lynnwood and/or Edmonds to
the extent of the negligence of the Lynnwood and/or Edmonds, its elected or
appointed officials, officers, agents, or employees.
d) Any cause, claim or liability arising from or out of the project and determined to be
the joint and/or several fault of the parties, shall be borne by the parties on a
percentage basis determined by a court of competent jurisdiction, or by agreement of
the parties. Liability attributable to the sole fault of a party shall be borne by that
party.
5.4 Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws
of the State of Washington, and the parties stipulate that any lawsuit regarding this
Agreement must be brought in Snohomish County, Washington.
CITY OF LYNNWOOD
r
MAYOR TINA ROBERT
DATE: G
ATTEST/AUT NTICATED:
FINANCE IltECTOR
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF EDMONDS
MAYOR BARBARA FAHEY
DATE: l / 7
ATTEST/AUTHENTICATED
APPYtOYWAS t9WRM,
U) S)�
CITY ATTORNEY
Exhibit 1
1yn\pa\Iynnda1e.001 Page 4 of 4 � (el
6/10/98 4:55 PM
lug
s _ LDcatic
0:111040301 1.1a mirii6
I
1■■■11_ �� ..! ■NI
. a -�
1� ■i i■
it
i
■1019
Item #:__6
EDMONDS CITY COUNCIL
Agenda Memo
Originator: Parks and Recreation Department For Action: X For Information:
Subject: UPDATE ON LYNNDALE PARK JOINT DEVELOPMENT / SKATEBOARD
PARK ELEMENT
Clearances: Department/initials
Agenda Time: 20 Minutes Admin. Svcs/Finance _ Community Svcs
City Attorney Engineering
Agenda Date: June 16, 1998 City Clerk Parks & Rec?C1
Exhibits Attached:
1. Draft Interlocal Agreement between City
of Lynnwood and City of Edmonds
2. Lynndale Park Master Plan Design /
Phase III North Park Improvements
3. Vicinity Map
Court
Personnel
Fire
Police
Reviewed by Council
Committee:
Planning
Public Works
Treatment Plant
City Council
Mayor
Finance
Community Services
Public Safety
Approved for Consent Agenda:
Recommend Review by Full Council:
Expenditure Amount Appropriation
Required: $ 0 Budgeted: $355,000 Required: $ 0
Funding Source: 125 Park Capital Fund Account. (page 167 / 1998 Budget Book) Lynndale
Park Improvements $200,000 in 1998 & $100,000 in 1999; Skateboard Park $55,000 in 1998.
Previous Council Action:
5/4/93 Ordinance 2929 Adoption of Comprehensive Park, Recreation and Open Space Plan 1993-1998
5/13/97 Update of Lynndale Park Phase III Development and Skateboard Park Element to City Council
Community Services Committee.
5/30/97 City Council passed a resolution authorizing grant application to the Interagency Committee for
Outdoor Recreation Funding
12/16/97 Ordinance 3174 Adoption Several Amendments to City -Wide Comprehensive Plan / Update
1996-2000 / Coordinated Revision Comprehensive Park, Recreation and Open Space Plan
1/20/98 Ordinance 3187 Adoption Unlawful Use of Skateboards
She noted large athletic complexes are not always an opportunity for cities that are highly developed
with little available land, therefore cooperative agreements work well.
Council President Haakenson asked where the Meadowdale Playfields were located. Ms. Ohlde
answered Lynnwood.
Councilmember Earling agreed with Ms. Ohlde's assessment of the Meadowdale fields as a glowing
example of what can be done on a cooperative basis. He observed reference had been made to Lynndale
Park being outside the City but in fact was located across the street from areas recently annexed to
Edmonds. He noted although Lynndale Park was not in downtown Edmonds, the City's geographic
boundaries are irregular and long and citizens in north Edmonds would benefit from Lynndale Park. He
noted speakers from around the area indicate the skateboard park would be a regional facility. He
observed Edmonds is often criticized as not being youth oriented; this was an example that Edmonds
cared about youth and families.
COUNCILMEMBER EAR -LING MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO AUTHORIZE THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT
WITH THE CITY OF LYNNWOOD TO PROVIDE JOINT FUNDING FOR PHASE III
IMPROVEMENTS AT LYNNDALE PARK.
Councilmember Van Hollebeke said the skateboard park. represented a win -win situation for the citizens
of Edmonds and Lynnwood as park space in that area of Edmonds is under -represented. He pointed out
the improvements would include not only the skateboard park but also restrooms and picnic areas and
would enhance a very nice facility.
Council President Haakenson clarified the reason he asked what city the-Meadowdale field was located
in was to point out it represented an example of regional cooperation in south Snohomish County.
Councilmember White spoke in favor of the action and thanked those who spoke at this meeting as well
as previous meetings.
Councilmember Plunkett described his involvement with skateboarding 32 years ago. He said he was
not opposed to the skateboard park but pointed out this facility was associated with $300,000 in
improvements for parking, picnic and restrooms facilities. He referred to a memo from the Lynnwood
Parks Department that stated the disadvantage of the Lynndale Park site was that there was no parking,
no picnic areas, no restroom facilities and these improvements will need to be constructed concurrently
with the skateboard park. He said the Enterprise quoted Kathy Johnson, Lynnwood Parks Department,
"the skatecourt itself is not expensive but we need restrooms and parking to support the skateboard park."
Councilmember Plunkett preferred state money or other alternatives existed to develop the skateboard
park and said he would not support this action.
MOTION CARRIED, COUNCILMEMBER PLUNKETT OPPOSED.
Mayor Fahey expressed her appreciation to the members of the public who expressed their opinions,
which assists the Council in making its decision. She encouraged them to continue to be involved in the
political process.
Salary 7. APPRQVAL FOR RLV—ISIONTFIVE- , A
Impiementa-
ion Plan Administrative Services Director Art Housler advised this item was reviewed and approved by the
Comprehensive Human Resources Committee on June 10. The matter was previously reviewed in April
Edmonds City Council Approved Minutes
June 16,1998
Page 11