HomeMy WebLinkAboutResolutionTerminationofLeaseGladmarParkKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: August 20, 2019
ACTION REQUESTED: Request to Terminate the Lease with Central Washington
University for use of Gladmar Park
BACKGROUND: In 2007, the University and the County entered into a fifty
(50) year lease for use of Gladmar Park. At that time,
Central Washington University (CWU) was anxious to
utilize the site for educational purposes. The lease burdens
CWU with various improvements required as a condition of
continued lease and use. Those improvements have not
been constructed.
On August 13, 2019, staff met with University Facilities
representatives who informed the County of the
University's desire terminating the lease. Public Works
followed up with a letter to CWU detailing the lease
termination.
INTERACTION: Public Works
RECOMMENDATION: Terminate the Gladmar Park lease with Central Washington
University.
HANDLING: Return one original to Public Works
ATTACHMENTS: Resolution; Gladmar Park lease with Central Washington
University
LEAD STAFF: Mark R. Cook, Director
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2019 -
TERMINATION OF THE GLADMAR PARK LEASE WITH CENTRAL
WASHINGTON UNIVERSITY
WHEREAS: Kittitas County and Central Washington University entered into a fifty (50) year
lease of Gladmar Park for educational purposes in 2007; and
WHEREAS: The lease requires establishment of a parking lot and foot access bridge by 2011
along with additional site improvements; and
WHEREAS: The required improvements have not completed as of August 20, 2019; and
WHEREAS: Central Washington University has communicated their desire to abandon the site
for intended educational purposes;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby terminate the Gladmar Park lease with Central
Washington University.
DATED this 20th day of August, 2019, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Cory Wright, Chairman
Attest:
❑ Clerk of the Board- Julie Kjorsvik
Brett Wachsmith, Vice -Chairman
❑ Deputy Clerk of the Board- Mandy Buchholz
Laura Osiadacz, Commissioner
KITTITAS COUNTY
THIS AGREEMENT is made and entered into by and between Central Washington
University, a public university, hereinafter referred to as "University" and Kittitas County, a municipal
corporation, hereinafter referred to as "County", pursuant to the authority granted by Chapter 39.34
RCW.
IT IS THE PURPOSE OF THIS AGREEMENT to provide for the County to lease to the
University, and the University hereby agrees to lease from the County, the following described real
property (known as Gladmar Park) situated in Kittitas County, Washington, to -wit:
1. Parcel No. 18-17-13010-0007 (366433)
Kittitas County
29 acres ±
2. Parcel No. 18-18-18030-0002 (179433) w u
Kittitas County
23 acres ±
See Exhibit R.
Special Exclusion Zone:
Because the landscape of Gladmar Park is continually changing due to the proximity to the
Yakima River, this special exclusion zone contains the Gladmar Levee and associated
diversion structures and any and all existing equipment or infrastructure necessary for
operation of the Packwood Canal and the Cascade Irrigation District Canal extending in all
directions 400 ft from the center line of the diversion/notch channel.
The Special Exclusion Zone shall be excluded from this Interagency Agreement.
THEREFORE, IT IS MUTUALLY AGREED THAT the University will operate and maintain a
research and educational area on the property known as Gladmar Park, The University commits to
seek funding and develop partnerships with community organizations to establish a parking lot and
foot access bridge to the property. The University agrees to continue to follow the rules of the County
as they pertain to public access such as allowing access for the public for fishing and public
enjoyment. Discharging of firearms and consumption of alcoholic beverages and/or illegal drugs will
not be allowed on the property.
PERIOD OF PERFORMANCE
Subject to its other provisions, the initial term of this lease shall commence on the first day of
September 2007, and end on the 31s` day of August, 2057, unless terminated sooner or extended,
as provided herein. This lease shall be renewable thereafter every five (5) years upon agreement of
both parties for the consideration identified herein. The parties will perform a review of the Project
Goals every two (2) years for the first ten (10) years and every five (5) years after that for the initial
term. Both parties agree to make appropriate changes to this agreement in writing, upon mututal
agreement based on the reviews.
PROJECT GOALS
• Operate and maintain a research and educational area
• Construct and maintain a parking area
Construct and maintain a gated footbridge
Construct and maintain walking trails
• Preserve and protect the unique environment of Gladmar Park
Expand natural science educational opportunities in Kittitas County for all educational levels
Restore and increase access to the Park for:
Luur through zuua rtannin� anrt Uesign Phase
The University will:
o Create a Board of Advisors to oversee the Interagency Agreement and future and
continued development of the park facility.
• Board of Advisors to potentially include but not be limited to representatives
of:
• Central Washington University (Graduate Studies and Research)
• Central Washington University (College of the Sciences)
• Cascade Land Conservancy
• Kittitas County
• Adjacent landowners
• Irrigation companies and districts
• Yakama Nation
• Public schools (K-12)
• Washington Department of Fish and Wildlife
• Washington State Parks and Recreation
• Kittitas Audubon Society
• Kittitas County Field and Stream
• Kittitas Environmental Education Network
o Begin noxious weed management.
o Write and secure necessary permits for footbridge and parking lot construction.
o Install informational signage throughout the park.
o Begin planning and design of interpretive signage.
o Initiate negotiations with the Kittitas County Conservation District to incorporate
their holdings into the research and education area.
o Initiate negotiations with Washington State Parks and Recreation to develop
expanded parking area and restroom facilities in coordination with their Ironhorse
Trail system.
The University will begin the process of:
o Cleaning and removing garbage and other portable waste and flood debris.
o Acquiring a suitable footbridge to span channel between Gladmar Road and
Gladmar Park.
o Planning, clearing and staking the walking paths.
o Initiating cleanup and removal of asphalt from the overflow channel.
o Removing duck blinds and returning driftwood to river channel,
a Working with students and community groups to conduct baseline documentation
surveys of aquatic and terrestrial surveys of flora and fauna.
2009 through 2011 Implementation Phase
• The University will:
o Hold the Grand Opening of Gladmar Research and Education Area in Thorp
(GREAT).
o Install the footbridge pending permit and funding acquisition.
o Fill and seal the restroom facility vaults.
o Continue noxious weed management.
o Commence construction of walking trails.
• The University will begin the process of:
o Removing the stockpiled portable waste, flood debris and conduct environmental
cleanup of larger debris.
o Conducting outreach to K-12 schools, community groups and other organizations to
coordinate place based outdoor education opportunities in Gladmar Park.
o Installing interpretive signange along walking trails.
o Constructing the parking area_
o Rehabilitating the closed restroom facility to serve as a study/storage building.
o Hcuvey manage noxious weeas, maintain trap systems tootonage, parKing area,
signage and al sociated GREAT infrastructure.
MAINTENANCE AND OPERATIONS
The University agrees that it will use the leased property only for the purposes of conducting
research and education programs. During the term of this lease, it shall be the University's
responsibility to fund its own maintenance and operation costs as determined by the University. Any
maintenance work performed by the County at the request of the University on University lease land,
and the payment therefore, shall be negotiated in a separate agreement at the time the work is
accomplished. Public access to the park will be improved and maintained.
LEVEE. IRRIGATION DISTRICTS and CANAL COMPANIES
The levee, headworks, canal structures and all water diversion structures are excluded from this
lease agreement. General and accustomed use for irrigation and canal companies for maintenance,
inspections and operations to the Gladmar Levee and associated irrigation infrastructure will be
guaranteed by the University.
MAJOR IMPROVEMENTS — Footbridge Parking Area and other
All major Improvements will occur solely on the leased property.
It is understood and agreed between the parties that the University will use the leased property to
conduct research and education programs. When the University moves forward with erecting a
footbridge, enlarging the parking area, removing asphalt, and other major improvements, plans for
these improvements shall be approved by the County. Performance of any of the rights authorized
above shall be conducted in compliance with all applicable governmental regulations, building codes,
including obtaining any necessary permits. The University shall be responsible for maintenance of
these improvements. The University shall not remove or cause damage to any major improvements
upon termination of this agreement.
Footbridge will be structurally engineered to accommodate pedestrian, wheelchair and light
equipment traffic. The bridge will be gated and locked to prevent unauthorized access.
Parking area will be large enough to accommodate up to 10 vehicles. Possible expansion of the
parking area will be discussed — see timeline — with Washington State Parks adjacent to Ironhorse
Trail.
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All minor improvements will occur solely on the leased property.
It is understood and agreed between the parties that the University will use the leased property to
conduct research and education programs. When the University has need to make improvements
during the existence of this lease, the University will have the right to make alterations, attach
fixtures, and erect additions, structures, or signs, in or upon the property. Performance of any of the
rights authorized above shall be conducted in compliance with all applicable governmental
regulations, building codes, including obtaining any necessary permits. The University shall be
responsible for maintenance of any alterations, fixtures, structures or signs which it erects or
attaches. Any fixtures, additions, or structures placed in or upon or attached to the said property shall
be and remain the property of the University and may be removed by the University upon the
termination of this agreement. Any damage caused by the removal of any of the above items shall
be repaired by the University.
Walking paths will be constructed of hard -packed crushed gravel and will be ADA compliant.
Portions of County property adjacent to Packwood Canal will be posted off-limits to general public.
No trails will be constructed on the strip of land adjacent to Packwood Canal.
PURI IC ARr:FRR
pumic access wui oe temporarily 11mitea, i tie University agrees that no area of the park will be
permanently removed from pub se but from time to time during acts esearch projects portions
of the property will have limited access. Limited access areas will be clearly posted and will not
impinge upon the enjoyment of the park by the public.
INDEMNIFICATION
The University hereby agrees to indemnify and hold harmless the County from any and all claims
or demands of whatever nature for loss, damage or injury to persons or property resulting from the
University's use or occupation of the leased premises caused by the negligent acts or omissions of
the University, its agents, or employees to the extent allowed by law.
The County hereby agrees to indemnify and hold harmless the University from any and all claims
or demands of whatever nature for loss, damage or injury to persons or property resulting from
County's use or occupation of the leased premises caused by the negligent acts or omissions of
the County, its agents, or employees to the extent allowed by law.
The parties to this agreement recognize the subject property as being subject to flooding and the
lessee takes the property realizing that, and acknowledges that any future decision to improve the
leased property is done at its own risk because the County makes no warranty against flooding
and the damage resulting therefrom.
RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records shall be subject to inspection, review or
audit by personnel of both parties, other personnel duly authorized by either party, the Office of the
State Auditor, and federal officials so authorized by law. All books, records, documents, and other
material relevant to this Agreement will be retained for six (6) years after expiration and the Office of
the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full
access and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. Each party will utilize
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties.
RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be 'works for hire" as
defined by the U.S. Copyright Act of 1976 and shall be owned by the University. Data shall include,
but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys,
studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right
to copyright, patent, register, and the ability to transferthese rights.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
(�UIET ENJOYMENT
The County covenants with the University that upon payment of the rent herein required to be paid
and performance of the covenants herein contained, the University and those holding under it may
peaceably and quietly have, hold and enjoy the premises for the term hereof, for the purpose of
conducting research and education programs.
INSPECTION RIGHTS
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i nis Hgreement may oe cnangen, moameo, or amenaea oy written agreement executed by notn
parties.
TERMINATION
During the original term, this lease may be terminated 1) for cause as provided herein, or 2) upon
sale to a third party after University declines to exercise its option of first refusal as provided herein.
Thereafter, the lease may be terminated by either party with a minimum of 180 days written notice
prior to the start of any new term.
TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give
the other party written notice of such failure or violation. The responsible party will be given the
opportunity to correct the violation or failure within 60 working days. If failure or violation is not
corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to
the other.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a
determination of the dispute. The determination of the Dispute Board shall be final and binding on
the parties hereto.
RIGHT OF FIRST REFUSAL
In the event of any offer acceptable to the County for the sale of the property during the original or
extended term of the lease, the County shall give the University written notice thereof and the
University shall have the option and right of first refusal for sixty (60) days within which to purchase
the property on the terms of said offer. If the County should seek to sell the property without first
receiving such an offer, it shall first offer the property for sale to the University for sixty (60) days,
during which time both parties shall negotiate reasonably and in good faith to complete the sale of
the property. The sale price will be the appraised value of the property as open space and CWU
will receive credit for substantial improvements made to the property over the term of the lease.
The sale will be completed within a reasonable time.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state
of Washington and any applicable federal laws. The provisions of this Agreement shall be construed
to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a. Applicable state and federal statutes and rules;
b. Any other provisions of the agreement, including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable
or delegable by either party in whole or in part, without the express prior written consent of the other
party, which consent shall not be unreasonably withheld.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
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applicable law and the fundame I purpose of this agreement, and to : end the provisions of this
Agreement are declared to be severable.
PAYMENT
The County agrees to bill the University $1.00 for the first term of the lease and the University agrees
to pay the lease amount in return for the considerations provided herein. Compensation for the work
provided in accordance with this Agreement has been established under the terms of RCW
39.34.130.
CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact
person for all communications regarding the performance of this Agreement.
The Program Manager for Central Washington University is:
Wayne Quirk, Associate Vice President
Graduate Studies, Research and Continuing Education
400 E. University Way
Ellensburg, WA 98926-7510
(P)509-963-3101
(F) 509-963-1799
The Program Manager for Kittitas County is:
Kittitas County Board of County Commisioners
205 W 5th AVE Suite 108
Ellensburg WA 98926
(P) 509-962-7508
(F) 509- 962-7679
ALL WRITINGS CONTAINED..HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
ATTEST:
Clerk of the Board
BOARD C AUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
n Crankovich, Chair
David Bowen, Vice -Chair
zm
W ayne 'ou'irT< -
Assisociate Vice P—ra5ident
Graduate Studies, Research and Continuing Education
Central Washington University
APPROVED AS TO FORM:
AG'S SIGNATURE ON Flt£
Assistant Attorney General
Central Washington University
APPROVED AS TO FORM:
County Prosecutor
Kittitas County
IN WITNESS WHEREOF, the parties have executed this Agreement.
Dated this day 2007, at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTiTAS COUNTY, WASHINGTON
r�
Alan Crankovich, Chair
David Bowen, Vice -Chair
Mark M 11 lain, Commissioner
Wayne Quirk,
Assisociate Vice President
Graduate Studies, Research and Continuing Education
Central Washington University
ATTEST:
APPROVED AS TO FORM:
%.
SEAL),,
APPROVED AS TO FORM:
As 'stant Attor e} General County Prosecutor
Central Wash! on University Kittitas County
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