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HomeMy WebLinkAboutShelton Skate ParkDocuSign Envelope ID: DBEA4DIB-722D-44D6-83C4-2BAD5B662CAB INTERLOCAL AGREEMENT REGARDING SHELTON SKATE PARK OPERATION The Parties, the City of Shelton ("City"), Mason County ("County"), and the Shelton School District ("District") enter Into this Agreement under RCW 39.34,030, concerning operation► of the Shelton Skate Park. WHEREAS, the Shelton Skate Park, located at 110 Wallace Kneeland Boulevard, occupies property owned by the Shelton School District; and WHEREAS, In 2014 the City agreed to take on the responsibility of operating the Skate Park from the Mason County Parks and Tralls Department;and WHEREAS, the Parties wish to enter into this Agreement to clarify and extend each Party's responsibilities with regard to the Skate Park; and WHEREAS, all the Parties are authorized by State law to enter into interlocal agreements for cooperative performance of duties. NOW, THEREFORE, the Parties agree as follows: LEASE OF SCHOOL DISTRICT PROPERTY - The District and City will extend the existing lease agreement, which transfers use of the Skatepark property to the City, for an additional five years. The terms of the ground lease shall be set forth In the separate Lease Agreement, RESPONSIBILiTY FOR OPERATIONS The City shall be responsible for operating the Skatepark, Including as -needed maintenance. COUNTY SUPPORT OF OPERATIONS The County shall contribute up to but not exceeding five thousand dollars ($5,000) annually for operations expenses. The County shall provide staff expertise on an as - needed basis for purposes such as structure and ramp repairs. REBUILD OR DEVELOPMENT OF NEW PARK The City and County shall mutually pursue grant opportunities and engage In other efforts, including community fundraising, either to rebuild of the Skatepark at its current location, or to develop a new Skatepark at an alternative location. The Parties anticipate the City will assume operational responsibilities if a new Skatepark is developed. If needed, the Parties will execute an amended or new interlocal Agreement to govern relative responsibilities for a rebuilt or new Skatepark. The City and the County agree that if, by the end of the five-year lease, funding has not DocuSign Envelope ID: DBEA4DiB-722D-44D6-83C4-2BAD58662CAB been raised to either re -build or re -locate the 51<atepark, the City and the County may negotiate an extension to this Agreement. Alternatively, the Parties may agree to jointly close arid decommission Lhe Skatepark, DECOMMISSIONING OF EXISTING SKATEPARK If, at any time within the term of this Agreement or following expiration, the Parties mutually agree not to continue the Skatepark at the existing location, the fixtures shall be removed and the grounds restored to a condition agreeable to the District, with costs of removal and restoration split 50/50 between the City and the County. TERM The term of this Agreement shall commence Immediately upon signatures of all Parties and continue In effect for a period of five years, unless terminated earlier. COMMUNITY CLEAN-UP The City and County shall cooperate In organizing community groups for maintenance and cleanup of the Skatepark as needed. INSURANCE AND INDEMNITY The City shall maintain property and liability insurance for the Skatepark in accordance 'with Its customary coverages and limits. The City shall defend, Indemnify, and hold the other Parties harmless from all claims, actions, and judgments arising from the City's operation of the Skatepark, except for claims arlsing from the negligence or Intentional actions of the other Parties. TERMINATION Any Party may terminate Its participation in this agreement with a mtnlrnum 180 days prior written notice to the other parties, and In accordance with the termination provisions of the Lease Agreement. Provided, however, that if the Count,/s decision to terminate Its participation in this Agreement results in closure of the Skatepark or termination of the City's Lease with the District, the County and City shall share equally In the cost of any removal of Improvements and site restoration that needs to be performed. NO SEPARATE LEGAL ENTITY By executing this Agreement, the Parties do not Intend to form a separate legal entity. EFFECTIVE DATE This agreement shall be in full force and effect u pon approval by t'he City, County and District officials signing below on behalf of all the Parties, following approval by each Party's governing body in an open public meeting. ELECTRONIC POSTING Consistent with RCW 39.34.040, publication of this Agreement shall be achieved by posting the Agreement electronically on the City's website. DocuSign Envelope ID: DBEA4DIB-722D-44D6-83C4-2BAD5B662CAB �j , Dated this day of 2021 � ✓" MASON COUNTY By �;�L Randy eatherlin, Chair Board of County Commissioners CITY Or SHELTON By: Jeff Niten, City anager SHELTON SCHOOL DISTRICT DocuSigned by: By Ql�,p Q oS{{ �, 655 ,(8 414BC '�