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HomeMy WebLinkAboutResolution_Interlocal Grant County PUDKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS 0XIMACe12x-9103 %I AGENDA DATE: July 19, 2022 ACTION REQUESTED: Request to Approve a Resolution to Authorize the Chair's Signature on the Land Use Cooperative Agreement Between Kittitas County and Grant County Public Utility District #2 for the Vantage Boat Ramp Area BACKGROUND: The Board of County Commissioners approved a cooperative land use agreement with Grant County Public Utility District #2 (GPUD2) with Resolution 2021-127. The one-year agreement expires on August 3`d, 2022. Public Works is pursuing land acquisition from the Washington State Department of Transportation supporting additional boat ramp parking. The new agreement is needed allowing time for property acquisition and project design. The agreement is the same signed in Resolution 2021-127 excepting the date change. INTERACTION: Public Works; Grant County Public Utility District No. 2 RECOMMENDATION: Approve the Resolution to Authorize the Chair's signature on the proposed cooperative land use agreement with Grant County Public Utility District No. 2. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution; Land Use Cooperative Agreement LEAD STAFF: Mark R. Cook, Director. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022 - AUTHORIZING A "LAND USE COOPERATIVE AGREEMENT" WITH GRANT COUNTY PUBLIC UTILITY DISTRICT NO.2 FOR THE VANTAGE BOAT LAUNCH WHEREAS: Interlocal cooperation agreements between municipal agencies are authorized by the Revised Code of Washington at Chapter 39.34; and WHEREAS: Kittitas County and Grant County Public Utility District No. 2 entered into a cooperative land use agreement for Vantage Boat Launch operations and maintenance with Resolution 2016 - 105; and WHEREAS: The current agreement expires on August 03, 2022; and WHEREAS: Kittitas County and Grant County Public Utility District No. 2 desire sharing ongoing operations and maintenance responsibilities for the Vantage Boat Launch facility in Kittitas County for public recreational benefits; and WHEREAS: The proposed agreement provides sufficient time for both entities to resolve key operations and maintenance issues associated with boat launch operations. NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Chairman's signature on Grant County Public Utility District No. 2 "Land Use Cooperative Agreement" — Vantage Boat Launch. DATED this 19th day of July 2022, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Attest: ❑ Clerk of the Board- Julie Kjorsvik Cory Wright, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Brett Wachsmith, Commissioner LAND USE COOPERATIVE AGREEMENT This Land Use Cooperative Agreement (Agreement) is entered into this _ day of 2022, by and between PUBLIC UTILITY DISTRICT NO.2 OF GRANT COUNTY, WA, a municipal corporation incorporated under the laws of the State of Washington, hereinafter referred to as the "Grant PUD" and KITTITAS COUNTY, a political subdivision of the State of Washington, "County." The parties intend that this Agreement shall remain in effect for a period of one (1) year from this date described above. This Agreement shall be binding upon all successors in interest to the parties during said term. WITNESSETH: WHEREAS, Grant PUD is the owner of record of certain real property located in Kittitas County, State of Washington, as more particularly described below: The Northwest quarter of the Northwest quarter of Section 20, Township 17 North, Range 23, E.W.M., Kittitas County at Vantage, Washington. WHEREAS, Grant PUD has recreation facility development and operations requirements under the operating license for the Priest Rapids Hydroelectric Project. WHEREAS, County desires to share operations and maintenance (0&M) responsibilities for the Kittitas Boat Launch facility in Kittitas County for public recreational benefits and sustainable social and economic needs. Grant PUD desires to enter into an agreement with County regarding site management, operations and maintenance of the premises. WHEREAS, this Agreement for services is authorized by the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: NOW THEREFORE, it is mutually agreed that Grant PUD does hereby accept responsibility for planning, design, and construction of recreation facilities and various site management responsibilities and County does hereby accept 0&M site management responsibilities to allow the public to use said facilities until termination of this Agreement. FOR AND IN CONSIDERATION of the mutual benefits to be derived, Grant PUD and County mutually covenant and agree as follows: 1. Grant PUD and County agree to co -manage this site for public water access and day use recreation opportunities. 2. Grant PUD and County agree this site will be managed by Grant PUD's policies and procedures required to meet requirements of the Federal Energy Regulatory Commission (FERC) license. Grant PUD policies and rules will be posted at the site to provide public outreach and educational information. 3. Grant PUD and County agree the boat launch, day use areas and parking lot are open year round. Restrooms may be closed Dec. 1 — Feb. 28 annually. 4. Grant PUD will be responsible for all repairs and maintenance of picnic tables, boat launch, boarding dock, parking lot, pilings and trail. 5. Grant PUD shall be responsible for maintaining cleanup for the boat launch, restrooms, day use areas, and parking area year round. 6. Grant PUD shall provide and maintain all signage/kiosk information. 7. County will be responsible for repairs and maintenance of the restroom building and associated plumbing and electrical year round. 8. County will provide water, electricity and toilet paper for the restroom building. 9. Detailed tasks and responsibilities regarding operation and maintenance activities and law enforcement will be coordinated on an annual basis or as needed based upon the approved Management Plan (Appendix A). Each party to this Agreement agrees to be responsible for being appropriately self-insured or providing adequate liability insurance related to the responsibilities and activities of itself, its agents, contractors and employees at the premises. To the extent allowed by law, each party to this Agreement, with respect to damages or injuries arising out of the acts or omissions of itself, its agents, contractors, and employees at the premises, agrees to indemnify and hold harmless the other party. The parties to this Agreement agree to assist each other in preserving and presenting a defense of limited liability under RCW 4.24.210 by allowing public to use said property for outdoor recreation. No provision of this Agreement transfers any real property rights from Grant PUD to County or County to Grant PUD, IN WITNESS WHEREOF, the parties hereto have mutually agreed upon the terms and conditions of this instrument and have caused it to be executed as below subscribed. PUBLIC UTILITY DISTRICT No. 2 OF GRANT COUNTY Name Date Title Kittitas County Name Date Title