Meadowdale Playfield Interlocal Agreement for Site Development - Operation Agreementc0N-S'-0- s
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RECEIVED, s�
JUN 2 51985
Executive Offices
DEVELOPMENT/OPERATION 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 geographib, economic,
population, and other factors influencing the development of the local
communities, and;
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. 15 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
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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.
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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 sucIr 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
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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 acts 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
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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 either 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.
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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 of June 1985.
CITY OF EDMONDS:
L�
Mayor a mo ds
CITY OF LYNNWOOD:
May 'of Lynnwood
EDMONDS SCHOOL DISTRICT NO. 15
Su e ntendent cf Schools
SNOHOMISH COUNTY--
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APPENDIX A
MEADOWDALE PLAY FIELDS
FACILITY USE REGULATIONS
JANUARY, 1985
1. Alcoholic be and drugs are prohibited at the complex, and smoking
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 and
are prohibited on the fields.
4. Pets must be on leash at all times except as may be permitted for specia
events approved by the Parks and Recreation Department.
5. No person shall engage in the sale of merchandise or services or operate
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.
8. All organizations, groups, and/or individuals utilizing the facilities
must leave them in satisfactory condition. Failure to do so will result
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
facility use permit for just cause or to amend the procedures set forth
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 denial
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 fror
and against any and all claims for damages resulting from death, personi
injury, or property loss or damage suffered or claimed to have been -
suffered by any person whatsoever and rising out of any act or omission
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.
MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS
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14. Anyone whose action jeopardizes safety or engages in abusive or
belligerent behavior will be disqualified from play and barred from the
facility.
15. The Facility Supervisor is responsible for the total operation of the
complex and makes the final decisions regarding facility use.
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