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CON0000268 - 7/5/2000 - Acquisition/Mgmt Moose Lodge/Lacamas Lake Lodge CONTRACTS & AGREEMENTS (clerkso'ceuse only) ' ca Recgrd No. Required Information Date 6/10/2019 WASHINGTON Cover Sheet ® NEW ❑ REPLACEMENT The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City's centralized filing system, managed by the City Clerk's Office. • RES No. 16-009,contract and agreement thresholds-authorizes Mayor/designee to enter into/execute the following contracts/ agreements without individual approval of each contract/agreement by City Council: o Professional Service Contracts/Agreements-including, but not limited to contracts/agreements for architectural, engineering, legal, and consulting services involving a cost or fee of less than$50,000. o Maintenance/Service Contracts-for nonprofessional services involving a cost or fee of less than$50,000. o Lease Agreements-for materials, supplies,and equipment where expenditures or fee do not exceed$50,000 per year. o Public Works Projects-Small Works Roster Proiects with a single trade involving expenditures of less than$100,000 and Small Works Roster Projects with multiple trades involving expenditures of less than$150,000. o Public Works Proiects-Capital Major Maintenance Projects in excess of limits set forth above will proceed to Council for approval. o Change Orders—Mayor/designee has the authority to execute Change Orders up to 10%of contract total, provided they are within limits of original contract and consistent with scope and intent of authorized project. *** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED *** City Staff Contact(Responsible) Staff Contact Phone# Staff Contact Title Jerry Acheson 4490 Parks & Rec Director Contracting Agency\Party Contracting Agency Contact Contact Phone or Email Clark County Public Works Director 360.397.6118 ext.4358 City Department/Division Dept.Admin Assistant Additional Contact Information Parks & Recreation Ronda S verson Ronda ext. 4256 Type of ❑Construction/Small Works Project No Additional Contract Information(key words,other agency-related, Contract ordinance,amendment no.to original contract dated) ❑Consultant/Professional Services Purpose is to state the conditions under which the El Contract for Services County will participate financially in the acquisition of ❑Grant the Moose Lodge Property(now Lacamas Lake Lodge) ®Interlocal Agreement(ILA) and the County's expectations for public use of the ❑Franchise Agreement property. ❑Development Agreement Recording Number& If Council Approval Required(see limits above),provide date of ❑Amendment/Supplement to Date Council approval: 7/512000 RES No. Contract No. Budget Funded Account# El Other(explain) OR Other Funding Source: Contract Start Date Expiration Date Contract/Project Terms of Renewal or Termination&Extensions 7/5/2000 Nonrq Completion Date (REQUIRED)Termination upon mutual agreement of the parties Original or Copy Media Type Specific Location of Record ® Original ❑ Copy ® Paper ❑ Electronic ❑ CD-DVD ❑ Network Location ❑ Eng. Copy ❑ Video/Audio Tape ❑ Flash Drive ❑ Building Cabinet Number If copy,where is original? ❑ Other ❑ Additional Copy Locations FOR ADMINISTRATIVE ASSISTANT USE ONLY Disposition Authority#(DAN)(REQUIRED) Records Series Title Retention/Dispo- Event Cut-off&Date GS55-05A-06 Rev. 1 2.1 Acquisition/Ownership sition Action after disposition of real 10 years property Designation/Remarks Comments ® Essential ®Archival-Appraisal Req'd ❑ Archival-Permanent ❑ Non-Archival, Destroy After Retention Met ❑ Confidential ❑ Other Routing Signatures/Initials: EXEMPT INFORMATION(statute and page Nos): ➢ City Attorney Click or tap here to eater text. ➢ City Administrator ➢ Department Manager/Director ➢ Finance Director ➢ City Engineer(s) ➢ Other px 01) INTERLOCAL AGREEMENT between the COUNTY OF CLARK, STATE OF WASHINGTON and the CITY OF CAMAS, STATE OF WASHINGTON for COOPERATIVE LAND ACQUISITION of PARKS AND RECREATION PROPERTY INTERLOCAL AGREEMENT Page 1 of 6 In accordance with the Interlocal Cooperation Act(RCW, Ch. 39.34), the County of Clark, State of Washington, hereinafter the "County", and the City of Camas, a Washington municipal corporation hereinafter the "City", in consideration of the covenants, and agreement hereinafter mentioned,to be made and performed by the Parties, do covenant and agree as follows: ARTICLE 1 BACKGROUND 1. The County, consistent with the documents adopted by the Board of Clark County Commissioners, plans, acquires and develops parks and open spaces throughout the unincorporated areas of Clark County to meet community needs for recreational open space. 2. The City, consistent with documents adopted by the Camas City Council,plans, acquires and develops parks and open spaces throughout the Camas urban area to meet local community needs for recreational open space. 3. Clark County has acquired and developed Lacamas Park, a regional park located on the east side of State Route 500. Clark County has also acquired a trail easement for the Lacamas Heritage Trail, located on the west side of Lacamas Creek, south of Goodwin Road. The County is currently developing the trail and a trailhead to be located at Goodwin Road, with the intent of deeding the easement and improvements over to the City of Camas upon completion. 4. The City of Camas has also acquired a portion of the Lacamas Heritage Trail easement and developed the southern portion of the trail. The City, utilizing the County's Conservation Future's program,has acquired significant acreage around Fallen Leaf(formerly Dead Lake) and is continuing acquisition efforts in the vicinity with the intent of providing additional open space and developable recreational park space. 5. Through the collective efforts of Clark County, the City of Camas and local visionary private property owners, the Lacamas Lake,Round Lake and lower Lacamas Creek area now provides significant opportunities for regional and local outdoor recreational needs. These efforts have resulted in significant public ownership in the area, preserving public access to unique natural areas. 6. To further the ongoing efforts to acquire and develop significant park and open space land within the Urban Growth Boundary,to provide for a critical link between the existing Lacamas Heritage Trail and Lacamas Park, and to provide much needed waterfront public access,the City of Camas has negotiated the acquisition of a key parcel of land located on the south shore of Lacamas Lake. With the cooperation and foresight of the Camas Moose Lodge,the City of Camas has negotiated the acquisition of the Camas Moose Lodge property, located at 227 N.E. Lake Road. The 4.84 acre site is located on the south shore of Lacamas Lake, and upon the vacancy by the Moose Lodge,the property will be managed and maintained by the City of Camas. Specifics of the future recreational use of the site will be determined through INTERLOCAL AGREEMENT Page 2 of 6 a master planning effort to be undertaken by the City of Camas. Acquisition of this property represents a unique opportunity for the County to continue to participate in the acquisition of key properties in and around the Lacamas Lake Area that will provide for distinct and invaluable recreational opportunities for all the citizens of Clark County. ARTICLE II PURPOSE OF AGREEMENT The purpose of this Agreement is to state the conditions under which the County will participate financially in the acquisition of the Moose Lodge property, and the County's expectations regarding future public use of the property. ARTICLE III DURATION OF AGREEMENT This Agreement shall remain in effect for the duration of the City of Camas ownership of the subject property, unless the parties mutually agreed to modify the agreement in writing. ARTICLE IV EFFECTIVE DATE OF AGREEMENT This Agreement shall become effective upon adoption by the Board of Clark County Commissioners and the Council of the City of Camas. ARTICLE V TERMS AND CONDITIONS OF INTERLOCAL AGREEMENT The following terms and conditions shall apply to the subject parties: 1. Clark County will contribute a total sum of$260,000 for the acquisition of the Camas Moose Lodge property, described as parcel#090805-000, located in the northwest quarter of Section 2, Township 1 North, Range 3 East, of the Willamette Meridian; provided, however, legal ownership of the property shall vest in the City of Camas. 2. The County will provide the sum of$260,000 at closing. The City of Camas shall notify Clark County of the intended date of closing no less than 15 days prior to closing so that the County has adequate time to prepare a warrant for the sum. 3. The City of Camas will be responsible for all activities to complete the subject transaction, and all costs incidental to the completion of the transaction. The contribution by Clark County shall total no more than the $260,000 amount that has been agreed upon. 4. The City of Camas shall complete the subject real property acquisition in a timely manner. INTERLOCAL AGREEMENT Page 3 of 6 5. Once developed,the property shall be kept open for public use at reasonable hours and times of year. Clark County recognizes,however,that appropriate hours may vary considerably depending on the type of interest that has been acquired and the existence of leaseback or other agreements that might properly limit public access. 6. The property shall be open for use of all segments of the public without restriction because of race, creed, color, sex, religion, national origin or residence of the user. 7. User or other types of fees may be charged for use of the subject site and it's improvements, both current and future, provided that the fees and charges are commensurate with the value of recreation services or opportunities furnished and are within the prevailing range of public fees and charges within the region for the particular activity involved. 8. On-site improvements shall be maintained in reasonable repair throughout their estimated lifetime, so as to prevent undue deterioration that would discourage public use. 9. The City of Camas should operate and maintain the property in accordance with all applicable federal, state and local laws and regulations. 10. Should the subject property cease to be maintained for public recreational usage,the City of Camas shall, prior to such cessation, provide a like property with equal or greater recreational value for public use. ARTICLE VI REMEDIES In the event that the City of Camas fails to comply with any or all of its obligations under this agreement, Clark County will stipulate that specific performance be the remedy preferred by them. The remedy of specific performance will not be the only remedy available to the County. Clark County may choose to exercise any and all other remedies available to it by law,together with, or as an alternative to, specific performance, at the county's option. ARTICLE VII LIABILITY 1. Each Party to this Agreement shall assume responsibility for being appropriately self- insured or providing adequate liability insurance related to the responsibilities and activities of that party. 2. In the event of any inconsistency in this Agreement, unless otherwise provided herein,the inconsistency shall be resolved by given precedence in the following order: a) Applicable federal and state agency statutes, regulations or policies. INTERLOCAL AGREEMENT Page 4 of 6 b) The terms and conditions of this Agreement. ARTICLE VIII INTERPRETATION This Agreement has been and shall be construed as having been made and delivered in the State of Washington, and it is mutually agreed and understood by both Parties that this Agreement shall be governed by the laws of the State of Washington. Venue shall be Clark County, Washington. ARTICLE IX AMENDMENTS/MODIFICATION The provisions of this Agreement may be amended only upon the mutual consent of the Parties. No additions to, or alterations of,the terms of this Agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of both Parties. ARTICLE X TERMINATION This Agreement may be terminated only upon the mutual agreement of the Parties. ARTICLE XI INDEMNIFICATION 1. The City of Camas shall indemnify and hold harmless Clark County, Washington, its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of ownership and/or purchase of the property. 2. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County,the City shall defend the same at its sole cost and expense; provided,that the County retains the right to participate in said suit if any principle of governmental or public law is involved; and a final judgement is rendered against the County, its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them,the City shall satisfy the same. ARTICLE XII ENTIRE AGREEMENT This Agreement contains all of the agreements of the Parties with respect to the subject matter covered or mentioned therein, and no prior Agreement shall be effective to the contrary. INTERLOCAL AGREEMENT Page 5 of 6 f ARTICLE XIII RATIFICATION Acts taken in conformity with this Agreement prior to their effective date(s) are hereby ratified and affirmed. ARTICLE XIV SEVERABILITY If any section or part of this Agreement is held by a court to be invalid, such action shall not affect the validity of any other part of this Agreement. P/ave' Gu-4 IN WITNESS THEREOF, The City and 4he Seh--' T' O` i%et have caused this Agreement to be executed in their respective names by their duly authorized officers and have caused this Agreement to be dated as of the_ day of i , 2000. CITY OF CAMAS, WASHINGTON CLARK COUNTY, WASHINGTON BOARD OF COMMISSIONERS Dean Dossett, Mayor Craig P demore, Chair ItA a .gDurgin, Clerk Betty Sue Morris, Commissioner M. R'ogr , City A orney Judie Stanton, Commissioner Attest: Jerk of the Board proved as to form only: Curt Wyrick, Coun ttorney INTERLOCAL AGREEMENT Page 6 of 6 ARTICLE XIII RATIFICATION Acts taken in conformity with this Agreement prior to their effective date(s) are hereby ratified and affirmed. ARTICLE XIV SEVERABILITY If any section or part of this Agreement is held by a court to be invalid, such action shall not affect the validity of any other part of this Agreement. IN WITNESS THEREOF, The City and the County have caused this Agreement to be executed in their respective names b their duly authorized officers and have caused this Agreement to be dated as of the day of �c , 2000. CITY OF CAMAS, WASHINGTON CLARK COUNTY, WASHINGTON BOARD OF COMMISSIONERS Dean Dossett, ayor Craig P 'demore, Chair ----aj� Z2r- J an M.Durgan, Clerk Betty Su orris, Commissioner Roge p, City Attorney Ju a Stanton, Commissioner Attest: 'J�� /4 1--P— ,&':�f V TY Clerk of the Board Approved as to form only: Curt Wyrick, County A ey INTERLOCAL AGREEMENT Page 6 of 6 ARTICLE XIII RATIFICATION Acts taken in conformity with this Agreement prior to their effective date(s) are hereby ratified and affirmed. ARTICLE XIV SEVERABILITY If any section or part of this Agreement is held by a court to be invalid, such action shall not affect the validity of any other part of this Agreement. IN WITNESS THEREOF, The City and the County have caused this Agreement to be executed in their respective names by their duly authorized officers and have caused this Agreement to be dated as of the day of u�ti , 2000. CITY OF CAMAS, WASHINGTON CLARK COUNTY, WASHINGTON BOARD OF COMMISSIONERS Doss ayor raig demore, Chair 4�1� AAAZ:�:? (All- M. A 1.M. Durgan, Clerk Betty Sue Morris, Commissioner Rogeapp City Attorney Jue Stanton, C ommissioner Attest: I)L�-104,7-y Clerk of the Board Approved as to form only: Curt Wyrick, County A rney INTERLOCAL AGREEMENT Page 6 of 6 _ "" _ .. E 11 �f F f • a f �y . ' t F • � �Y �; Pt�i �fA 1 j { 3�i £ -01 C Y t S 1 = 11loll 1111 • • � �T-1�!�1 = - 11111 11