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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COAMSSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: November 9, 2020 <br />TOPIC: Grant County PUD Land Use Cooperative Agreement <br />ACTION REQUESTED: Direct Staff <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMN ENDATION: <br />Direct staff on next steps. <br />BRIEFING SITMMARY: <br />• Resolution 2016-105 obligates the County to a land use agreement with Grant <br />County PUD for the Vantage Boat Ramp facility. <br />• The agreement is silent regarding termination. <br />• A recent evaluation of the agreement by the Prosecuting Attorney's Office affirms <br />that the agreement does not provide for termination. <br />• The agreement is set to expire on August 22, 2021 <br />• Current issue involves private improvements within Grant's project area (private <br />dock and fountain). <br />• Ongoing issue with our restroom facility at the boat ramp. <br />BACKGROUND: <br />The Board of County Commissioners entered into a land use agreement with Grant <br />County PUD pursuant to Resolution 2016-105 (EXHIBIT 1). The agreement <br />contemplates j oint access and enj oyment of facilities located within Grant's proj ect area <br />(an area designated by the Federal Energy Regulatory Commission). The Board may <br />recall previous staff briefing on vandalism and associated issues of concern with our <br />restroorn facility proximate to Grant's boat ramp and dock facility. Recent actions by <br />Grant demanding abatement of private boat docks and a fountain proximate to Grant's <br />boat ramp are being evaluated by the District Commissioner. As a part of this review <br />effort, Public Works (PW) staff requested legal review of the land use agreement <br />evaluating the potential for agreement termination. <br />DISCUSSION: <br />The lack of a termination clause in the land use agreement provides no clear path forward <br />towards termination. The Interlocal Agreement Act (Revised Code of Washington <br />Chapter 39.34) does not provide a provision in the absence of an agreement termination <br />clause. The lack of our ability terminating the agreement is consistent with previous <br />Page I of 3 <br />PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT <br />