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HomeMy WebLinkAboutRES-2022-150BOARD OF COLINTY COMMISSIONERS COTINTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022 - I50 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 authorizedby 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" -Yantage Boat Launch. DATED this 19th day of July 2022, at Ellensburg, Washington E Deputy Clerk of the Board- Mandy Buchholz MiL BOARD OF COI.]NTY COMMISSIONERS KITTITAS COTINTY, WASHINGTON ABSENT Laur a O siadacz, Chairman \\lllll,///// Y ,5' -o <D - Julie Kjorsvik l/lilll1 U Brett th, Commissioner LAND USE COOPEMTIVE AGREEMENT ThisLandUseCooperariveAgreement(Agreement)isenteredintothis ttilily,of lit lf l , 2022,by and between PUBLIC UTILITY DISIRICT N0. 2 OF GMNT COUNTY, WAl a munlcipat corporation incorporated under lhe laws of the State of Washington, hereinafter refened to as the 'Grant PUD" and KITTITAS COUNTY, a political subdivision ol the State of Washington, "County,' The parties intend that this Agreement shall remain in effect for a period of one (1) year hom this date described above. This Agreement shall be binding upon all successors in interest to the parlies during said term. WITNESSETH: WHEREAS, Grant PUD is lhe 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 quarler of Section 20, Township 17 North, Range 23, E.W.M., Kitlitas County at Vantage, Washington. WHEREAS, Grant PUD has recreation facility development and operations requiremenls under the operating license for the Priest Rapids Hydroelectric Project. WHEREAS, County desires to share operations and maintenance (O&M) responsibilities for the Kittitas Boat Launch facility in Kittitas County for public recrealional benelils and sustainable social and economic needs, Grant PUD desires to enter into an agreemenl with County regarding site managemenl, operations and maintenance of the premises. WHEREAS, lhis Agreement for services is aulhorized by the provisions of Chapter 3g.34 RCW, the lnterlocal Cooperation Act. NOW THEREFORE, in consideration of the mutual promises and covenanls contained herein, the Parties agree as follows: NOW THEREFORE, it is mutually agreed that Grant PUD does hereby accepl responsibitity for planning, design, and construction of recreation facililies and various sile management responsibilities and County does hereby accept O&M sile management responsibilities to allow lhe public lo use said facililies until termination of this Agreement. FOR AND lN CONSIDEMTION of the mutual benefits to be derived, Grant PUD and County mutually covenant and agree as follows: Grant PUD and County agree to co-manage this site for public waler access and day use recreation opportunities. 1 2. Grant PUD and County agree this site will be managed by Grant PUD's policies and pncedures required to meet requirements of the Fedelal Enegy Regulatory Commission (FERC) license. Granl PUD policies and rules wiltbe posted at the site to provide public oulreach and educational information. 3. Grrant PUD and County agree the boat launch, day use areas and parking lot are open year round. Reslrooms may be closed Dec. 1 - Feb. 28 annually. 4. Grant PUD will ba responsible for all repairs and mainlenance of picnic tables, boat launch, boarding dock, parking lot, pilings and trail. 5. Grant PUD shall be responsible for mainlaining cleanup for lhe boat launch, restrooms, day use areas, and parking area year round, 6. Gnant PUD shall provide and maintain allsignage/kiosk information. 7. Coun$ will be responsible br repains and mainlenane of lhe restoom building and associated plumbing and elecfiicalyear round. 8. county will provide water, electricity and toilel paper for he restoom building. 9. Delailed tasks and responsibilities ragarding operalion and maintenance activities and law enforcement will be coordinated on an annual bcis or as needed based upon the approved Managemenl Plan (Appendix A). Each party lo this Agreement agrees to be nsponsible for being appropdately self-insured or providing adequate liability insurance related to lhe responsibilites and activities of itsetl its agenb, conbactons and employees at he premises. To the exlent allowed by law, each pafi lo lhis Agreement with respect to damages or injuries adsing out of the acts or omissions of itseil, its agents, oontactons, and employees al tre premises, 4rees to indemnifr and hold hamless the oherparty. Ittq ptttiq lo this Agreement agree to assist each other in preserving and presenting a defense of limited liability under RCW 4.24.210 by allowing pubtic to use said property for outdoor rccreation. !o ptovisio_n of {is Agreement tnansferc any real popedy dghh fiom Grant PUD to County or County to Grant PUD. lN WTNESS WHEREOF, the parties hereto have mutually agreed upon the terms and conditions of tris insEument and have caused it to be executed as below subscribed. PUBLIC UTILITY DISTRICT No. 2 OF GMNT COUNTY Kittitas Title 7' z5'az> Date , Title 't ltqlt'ri Date