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Resolution 347RESOLUION NO. 3 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, STATING ITS INTENT TO CONTRACT WITH THE PORT OF EDMONDS AND STATE OF WASHINGTON, DEPARTMENT OF .FISHERIES TO PROVIDE FOR THE MAIN^lENANCE AND OPERATION OF THE FISHING PIER LOCATED AT THE EDMONDS BOAT HARBOR. WHEREAS, the State of Washington, Department of Fisheries and the Port of Edmonds desire, in conjunction with the City of Edmonds, to provide a fishing pier facility for public use located in the Edmonds boat harbor, and WHEREAS, it is necessary that the various participants set forth their general intent with respect to the maintenance and operation of said facility, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, that should the fishing pier facility be constructed as presently contemplated the maintenance and operation of said facility shall be undertaken by the City of Edmonds and the Port of Edmonds pursuant to a written agreement which shall be drafted upon the following premises: 1. The Port of Edmonds shall be responsible for maintain- ing the rock jetty or "foundation" that the pier would be built upon; 2. The City of Edmonds would provide police and fire protec- tion on and for the facility; 3. The City of Edmonds would operate and receive any and all rents,issues or profits from any concessions for food, bait, tackle, or other such activities that would operate or be operated in connection with said facility. The City would be the licensing or authorizing authority for such concessions; 4. Both the Port of Edmonds and the City of Edmonds would carry necessary liability and property damage insurance and each such policy would have an appropriate waiver of subrogation clauses as against each other; 5. The Port of Edmonds will bear the cost of lighting the facility; 6. The Port of Edmonds will dispose of garbage after it is placed in their on -shore container; 7. A lease of the inner harbor area from the Department of Natural Resources will be accomplished, obtained and paid for by the State Fisheries Department; 8. The City of Edmonds will provide the day -to -day maintenance; 9. The Port of Edmonds will cooperate to remove all logs or other items from the water side of the facility; 10. The Port of Edmonds shall reserve the ability to possibly make future additions on the east side of the jetty which may attach to the fishing pier facility to provide additional docking or berthing facilities within the Port. Any such additions shall not interfere with the main purpose and ability to utilize said p.ier'facilit_y; 11. The City of Edmonds shall provide all maintenance and operation for all portions of the facility above the deck level of the pier facility and shall further maintain all utilities on said facility except those otherwise expressly to be maintained by the Port of Edmonds; 12. That the Port of Edmonds and the City of Edmonds recognize that the construction of such a facility may cause or contribute to a deficiency in available parking spaces in the area. That both parties recognize and realize that it is impossible to estimate the impact that such a facility may have on available parking spaces and due to such un- certanties the parties agree that in the event of a mutual determination by both the Port of Edmonds and the City of Edmonds that there is a need to provide additional parking facilities for the fishing pier facility that such will be the obligation of the City of Edmonds. APPROVED: k., ' . � MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENE �� FILED WITH THE CITY CLERK: November 26, 1975 PASSED BY THE CITY COUNCIL: December 2, 1975