Resolution 7700006.90000
WSS /are
06/03/93
RESOLUTION NO. 770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, AUTHORIZING ACCEPTANCE
OF A GRANT FROM THE WASHINGTON STATE
DEPARTMENT OF ECOLOGY, SHORELINES AND COSTAL
ZONE MANAGEMENT PROGRAM FOR MATCHING FUNDS TO
DEVELOP AN INTERPRETIVE WALKWAY AND
AUTHORIZING EXECUTION OF AN INTERLOCAL
AGREEMENT WITH THE PORT OF EDMONDS FOR THE
PURPOSE OF JOINT CONSTRUCTING AND MAINTAINING
THE WALKWAY THROUGH THE UNION OIL MARSH.
WHEREAS, the City of Edmonds has applied for and been
approved for CZM project assistance through a program established
by the Washington State Department of Ecology, the Shorelines and
Costal Zone Management Program, and,
WHEREAS, the proposed project is for. the purpose of
constructing a walkway through and across the Union Oil Marsh from
and across property owned by the Port of Edmonds, and
WHEREAS, pursuant to an agreement with the Port of
Edmonds, the Port has agreed to pay fifty percent (50%) of the
local match monies for such grant, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The grant from the Washington State
Department of Ecology approved through the Shorelines and Costal
Zone Management Program under a program designated CZM 306A is
hereby accepted by the City of Edmonds, Washington.
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Section 2. An interlocal agreement, attached hereto as
Exhibit A and incorporated by this reference as hereby approved and
signature thereof authorized. The purpose of this agreement is to
confirm the agreement of the Port and the City to share equally in
the local match monies required pursuant to the CZM grant.
RESOLVED this 15th day of
ATTEST /AUTHENTICATED:
C iYCLE, ONDA NMARCH
June , 1993.
APPROVED:
FILED WITH THE CITY CLERK: June 11, 1993 ;
PASSED BY THE CITY COUNCIL: June 15, 1993
RESOLUTION NO. 770
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EXHIBIT A
INTERLOCAL AGREEMENT
CITY OF EDMONDS
AND
PORT OF EDMONDS
Whereas, the City of Edmonds has applied for and been granted
a grant to construct the Union Oil Marsh Interpretive Walkway from
and across property owned by the Port of Edmonds, and
Whereas, under the terms of the grant fifty percent (50 %) of
funds used in such project to a maximum of forty thousand dollars
($40,000) must be from the local agencies using and accepting grant
monies, and
Whereas, the Port of Edmonds and City of Edmonds wish to
establish a joint construction, maintenance, and operation
agreement in order to construct and maintain the Union Oil Marsh
Interpretive Walkway, and
Whereas, the City and Port wish to provide through this
interlocal agreement for such construction and maintenance under
the terms of this interlocal agreement, now, therefore,
In consideration of the mutual benefits to be derived in the
joint public interest of the City of Edmonds, Washington
(hereinafter "City ") and the Port of Edmonds, Washington
(hereinafter "Port "), the parties have entered into this agreement
under the terms and conditions set forth herein:
1. Statement of Purpose. The purpose of this agreement is
to provide for the construction and maintenance of an interpretive
walkway through the Union Oil Marsh. This project has been the
subject of a grant application and an approved grant from the
Washington State Department of Ecology, Shorelines and Costal Zone
Management Program. The grant application is attached hereto as
Exhibit A. The description of the project as set forth in such
grant application shall be utilized throughout this agreement and,
in the event of any conflict with the terms of this agreement,
shall control. It is the purpose of this agreement and the
intention of parties to provide for the joint construction of the
project on property owned by the Port with long term maintenance of
the walkway being at the cost of the City.
2. Easement. The Port hereby grants to the City and the
public an easement to construct and maintain an interpretive
walkway in accordance with the terms of the attached grant
application. This easement shall also include the right to
construct, reconstruct and maintain said walkway on, over, and
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across property shown in the attached grant agreement. The
easement shall include the right of ingress, egress, and travel by
members of the public on and over the interpretive walkway.
Pursuant to rules and regulations adopted by the City with the
advice of the Port. This easement is not a road easement and the
walkway shall not be used for motor vehicles, provided, however,
that wheelchairs and other devices used to assist the disabled may
be used on the walkway to the extent permitted under the terms of
the grant.
3. Local Match. The Port and City agree to share equally in
the cost of construction of the project. The City agrees to use
local match monies to apply to its grant in order to obtain maximum
utilization of grant monies available. The cost of the local match
is currently estimated to be fifty two thousand six hundred and
seventy seven dollars ($52,677), said amount to be born equally by
the parties. This estimate is based upon current engineering data
and As subject to change depending upon the actual bid's obtained
for construction of the project. In the event that the local match
required after final openings of the bid exceeds fifty four
thousand dollars ($54,000), and prior to notice to proceed, the
parties shall meet and determine whether or not to proceed with the
project. In no event shall either party be obligated to pay more
than twenty seven thousand dollars ($27,000) toward the
construction of the project without the express written consent of
the party to be obligated.
4. Future Maintenance Costs. The City agrees to maintain at
its sole cost the walkway during the life of this agreement in a
safe condition consistent with the proposes of the grant. The_
parties agree to cooperate, to work together, to obtain future
grants, to maintain said improvements, or extend this agreement
upon receipt of said future grants.
5. Liability. No indemnification or hold harmless agreement
has been negotiated between the parties. In the event of loss or
claim, the parties agree to bear their respective liability as it
is determined in accordance with the laws of the State of
Washington.
6. Termination. This agreement shall be irrevocable for the
estimated useful life of the improvement, as constructed,
reconstructed, or maintained which is hereby estimated to be in
excess of twenty five (25) years. The City at its sole discretion
may elect to maintain and reconstruct the walkway beyond the
estimated twenty five (25) year life of the improvement. If after
the expected twenty five (25) years the City elects to discontinue
improvements and maintenance, the Port reserves the right to.
immediately terminate this agreement following the provision of
ninety (90) days written notice of the correction to the City. If
the City fails to take reasonable steps to maintain the walkway
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following the receipt of said notice, this agreement shall expire
at the end of said ninety (90) day notice period.
7. Entire Agreement: Amendment. This written agreement is
the entire agreement between the parties. Any and all other
agreements, written or oral are deemed to merge with and are
extinguished by terms of this agreement. This agreement shall be
amended only in writing at the express written consent of the
parties.
8. Recording. It is the intention of the parties that this
agreement be recorded in the office of the Auditor of Snohomish
County, Washington.
9. Interpretation and Venue. This agreement shall be
interpreted in accordance with the laws of the State of Washington.
Parties stipulate in the event of a lawsuit to interpret its terms,
the venue shall lie in the Superior Court of Snohomish County,
Washington.
10. Arbitration. In the event that the parties are unable to
agree-regarding the interpretation of the terms of this agreement
or disagreement arises to whether the walkway has become unsafe or
whether City maintenance programs are sufficiently to safely
maintain the property, the parties agree to submit this matter to
binding arbitration at their joint costs through an arbitrator
chosen with the mutual agreement of the parties.
DATED this (SS day of 1993.
CITY OF EDMONDS
•
ATTEST /AUTHENTICATED
onda Mar , City Clerk
APPROVED AS TO FORM
16— t
W. Scott S der
Office of he City Attorney
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W SS48885.1 AG R/0006.222
PORT OF EDMONDS