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INTERLOCAL AGREEMENT <br />BETWEEN THE CITY OF ELLENSBURG AND KITTITAS COUNTY <br />REGARDING USE OF REED PARK <br />This Agreement made and entered into this I ~tJ,,-day of April, 2017, under the <br />provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act, between Kittitas <br />County, a political subdivision of the State of Washington, hereinafter referred to as <br />"County," and the City of Ellensburg, a non-charter code city of the State of Washington, <br />hereinafter referred to as "the City" (collectively referred to as "the Parties"). <br />WHEREAS, the County conveyed to the City by deed dated January 5, 1933 ("the <br />deed"), certain property now identified as Reed Park, and more fully described in Exhibit <br />A; and <br />WHEREAS, the deed provides that the County may, under certain conditions more <br />fully stated in the deed, require that Reed Park be closed to the general public and may <br />require payment of an admittance fee to the park during such times (hereafter referred to <br />as "County events closure"); and <br />WHEREAS, the County allows private non-profit organizations to charge and <br />collect fees for entry to Reed Park at such times the City is required to close the park off <br />from the general public as required in the deed; and <br />WHEREAS, Section 2.34.160 of the Ellensburg Municipal Code titled City Park <br />Rules and Regulations contains language which allows the Parks & Recreation Director, <br />or his/her designee, the authority to allow overnight camping in City park facilities and to <br />waive the park hours rule. <br />WHEREAS, RCW 4.24.210 provides that owners and possessors of public or <br />private land that make such areas available for outdoor recreation without charging a fee <br />are not liable for unintentional injuries to such users; and <br />WHEREAS, the County and the City desire to specify their respective duties for <br />those times when Reed Park is closed as required by the deed and the County or its <br />agent(s) are charging and collecting a fee for entry into the park <br />NOW, THEREFORE, based upon mutual covenants to be derived the parties <br />agree as follows: <br />1. Duration and Termination: The term of this agreement shall be from the <br />date hereof, and shall extend until terminated. Either party may terminate this Agreement <br />upon at least thirty (30) days' advance written notice to the other party. <br />Interlocal Agreement Regarding Use of Reed Park <br />Page 1 of 4