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Home My WebLink Aboutres1991-040WHATCOM COUNTY COUNCIL AGENDA BILL NO. 91 -234 Eo E j (j f/ E D 6/25/91 Finance /Counci AIN 19 1Q91 WHATCOM COUNTY COUNCIL SUBJECT.• RESOLUTION IN THE MATTER OF SETTING A DATE FOR PUBLIC HEARING FOR DECLARING CERTAIN COUNTY -OWNED PROPERTY SURPLUS PROPERTY PURSUANT TO RCW 36.34.020 ATTACHMENTS: Exhibit 'A' - Interlocal Agreement dated March 14, 1990 Exhibit 'B' - Memoranck by Shirley Van Zanten, County Executive, May 31, 1991 Exhibit 'C' - Council Minutes (Pages 2 8 3), November 1, 1984 Exhibit D - Memo from Paul Rushing dated June 7,. 1991 Public Hearing Needed? Yes /ffl-C No /_ f SUMMARY STATEMENT• Subject property to be declared surplus for deeding to City of Bellinghm in exchange for property at 401 Grand Avenue as per Interlocal Agreements with City dated March 14, 1990 and in process at May 15, 1991. ORIGINATOR'S RECOMMENDED ACTION.• Approval by CounciL COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 6/25/91: Council approved 4 -0 (Jackson, Vander Yacht, & Vanderpol absent) Related File Numbers: 0 Ordinance or Resolution Number: RES91 -040 INTRODUCED BY C_ n n G P n t PROPOSED BY Public Works DATE INTRODUCED 6 / 2 5 / 91 RESOLUTION NO. A 1 -nd0 RESOLUTION IN THE MATTER OF SETTING A DATE FOR PUBLIC HEARING FOR DECLARING CERTAIN COUNTY -OWNED PROPERTY SURPLUS PROPERTY PURSUANT TO RCW 36.34.020 WHEREAS, the County -owned property described herein, located in the City of Bellingham, County of Whatcom, State of Washington, at Girard and B Streets, more particularly described as follows: Lots 5, 6, 7 and 8, Block 195 Supplemental Map of the Town of Whatcom, Whatcom County, W.T., now a part of the Consolidated City of Bellingham, Whatcom County, Washington, as per the map thereof recorded in Block 1 of Plats, Page 42 of the Auditor's office of said county and state, is now and has been the property of Whatcom County; and WHEREAS, the County Executive has determined that it is in the best interest of the County and the people thereof to deed said property to the City of Bellingham pursuant to Exhibit 'A' attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Council of Whatcom County, Washington, that a public hearing on the matter of declaring surplus and setting a public hearing on the matter of deeding said property to the City of Bellingham, to be held on the 9th day of July 19�_, at 7:00 p.m., or as soon thereafter as it is possible, in the Whatcom County Council Chambers, Courthouse Annex, 1000 Forest Street, Suite 203, Bellingham, Washington, for the purpose of admitting testimony for and against the deeding of said property to the City of Bellingham. PASSED this 25th day of June ATTEST: Ramona Reeves Clerk of the Council APPROVED AS TO FORM: Randall J. Watt Thief civil Deputy Prosecuti ttorney WHATCOM COUNTY COUNCIL WHATLaaj C OM COUNTY, WASHINGTON Daniel M. Warner Chairperson EXHIBIT 'A' m Page 1 of 4 INTERLOCAL AGREEMENT BY AND BETWEEN WHATCOM COUN'T'Y AND THE CITY OF BELLINGHAM THIS AGREEMENT, entered into this ` IN day of "I , 1990, between WHATCOM COUN'T'Y, a municipal corporation ( "County" ) and the CITY OF BELLINGHAM, (a municipal corporation. ( "City "), WITNESSETH: WHEREAS, there is a need for a new juvenile detention facility to serve the needs of the citizens of Whatcom County; and WHEREAS, the City and County Councils did agree among their members on May 11, 1989, that they desired the proposed new juvenile detention facilities to be located in the Civic Center area; and WHEREAS, that agreement not only provides for a juvenile justice facility in the Civic Center area, but also results in consolidation of ownership of land parcels for each jurisdiction to assist in future growth of governmental facilities; and WHEREAS, to accomplish these goals both City and County must agree to a series of actions, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The County shall construct a facility of approximately 60,000 square feet which shall abut the existing County Courthouse and be constructed over the vacated portion of Central Avenue between Grand Avenue and Prospect Street and a portion of the County-owned parking facility between Grand and Prospect. The new addition shall consist of a juvenile detention facility and may also include such other administrative uses as the County deems appropriate. % • 2. The City shall relinquish all utility easements on the vacated portion of Central Avenue between Prospect and Grand Avenue to the County at no cost to the County. The City further agrees to abandon in place and reinstall any City-owned utilities currently in service Iocated above or below the ground within the vacated portion of Central Avenue at no cost to the County. The County shall grant a construction easement for the relocation of the storm drain connection from the County parking lot south of the Courthouse westerly to a new storm drain in Prospect Street. The County shall also grant easement(s), if required, for the relocation of City' telephone and computer cables and conduit. PFR /pb 3/07/90 Page 1 EXHIBIT ''A' = Page" 2 of " 4 "' " 3. The City shall deed to the County its ownership of the property west of Grand Avenue, north of Lottie Street and south of Whatcom Creek, commonly known as the "pit ". For the purpose of this agreement, the "pit" is defined as the property presently used for parking and excludes the adjacent trail areas which border Whatcom Creek. However,-the adjacent trail area which borders Whatcom Creek and the shoulder areas bordering Grand Avenue shall be considered as if they are a part of the property for the purpose of calculating any required set -backs or percentage of ground cover if any future improvements of parking or any other facilities are constructed or located within the "pit." 4. The County shall deed to the City its ownership of the North one -half of Block 195, Plat of Whatcom Supplementary, bounded by Girard, 'B' and Halleck Streets. 5. The City agrees to provide a minimum of 15 parking stalls to the County in the` City parking area of Block 195 of the Plat of Whatcom Supplementary or in another suitable Iocation if agreed to by both parties. In exchange, the County shall provide an equal number of parking stalls to the City in the County -owned property known as the "pit" or in another suitable location may be substituted if agreed to by both parties. I 6. In consideration of the County's agreement to locate the juvenile detention facility in the Civic Center area, the City has previously vacated the portion of Lottie Street between Grand Avenue and Prospect and the alley between Lottie Street and Whatcom Creek subject to the conditions in the Vacation Ordinance passed by the City Council on October 17, 1988 and on file with the County Auditor. 7. The City hereby empowers the County to process and approve all plans, issue all required permits and to perform all inspections for the design and construction of the addition to the County Courthouse and the refurbishing of the existing structure encompassing administrative offices and juvenile detention facilities, parking and landscaping; provided, that in regard to the City Fire Protection Development Standards, the County shall be required to comply only with the fire protection features of such standards. 8. The County agrees to provide the required parking spaces for the total County campus encompassing the existing structures and the approximately 60,000 square feet addition in accordance with the City's Land Use Development Ordinance adopted April 27, 1982. The City agrees that the County shall provide the required number of parking spaces for each function and /or office prior to occupying said space. The County further agrees to notify the City in writing and request approval for the additional parking spaces required prior to occupancy. Tlie City further aitees to assist the County in mitigating some of the additional parking requirements that will be needed during the construction period by providing the County at no cost additional parking on the City -owned parking lot south PFR /pb 3/07/90 Page 2 EXH. :T 'A' - Page 3 of 4 of Whatcom Creek in Maritime Park. The City agrees that if needed, it will permit on- street parking for jurors during the constriction period. It is further agreed that the City will exclude all County-owned property located within the boundarids of any BPA or BIA from any levy or any assessments or taxes that may be levied within such a district. 9. This agreement shall supersede all prior agreements relating to the location of the Juvenile Justice Facility and other matters inconsistent herewith. 10. This agreement contains the terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this agreement. 11. The City shall protect, defend, save harmless and indemnify the County from Ptnd against all claims, suits and actions arising from negligent acts or omissions of the City or authorized contractors or subcontractors and the agents or employees of either in the performance of this agreement. The County shall protect, defend, save harmless and indemnify the City from and against all claims, suits and actions arising from negligent acts or omissions of the County or authorized contractors or subcontractors and the agents or employees of either in the performance of this agreement. 12. No changes or additions to this agreement shall be valid or binding unless such changes or additions shall be in writing, executed by both parties. 13. If the County fails to comply with any provisions of this agreement, all properties transferred or vacated to the County pursuant to this agreement shall revert to the City and the City shall be relieved of all obligations herein. This remedy is in addition to all other remedies legally available to the City. If the City fails to comply with any provisions of this agreement, all properties transferred or previously vacated by prior agreements or pursuant to this agreement shall revert to the County and the County shall be relieved of all obligations herein. This remedy is in addition to all other remedies legally available to the County. If a party to this agreement is unable to substantiate that it has fully complied with the provisions of this agreement, the other party may suspend or terminate the agreement pending corrective acts or investigation, which suspension or termination shall be effective upon thirty (30) days written notification to the breaching party. If during the thirty -day period the problems are cured, the agreement shall be continued. PFR /pb 3/07/90 Page 3 . - •EXH'. T 'A' - Page 4 of 4 . 14. The failure to insist upon strict performance of any of the covenants of this agreement shall not be construed to be a waiver of such, or any other covenants, but the same shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement in Bellingham, Washington, on the day and year herein indicated. DATED this 14 6-day of S'n ate► . , 1990, by WHATCOM COUNTY. )AL. 1/6-11 SHIRLEY VAN ZANTEN, ounty Executive STATE OF WASHINGTON COUNTY OF WHATCOM ) ss: On this 1q4 day of %40A,/ , 1990, before me personally appeared SHIRLEY VAN ZANTEN to me known to be the WHATCOM COUNTY EXECUTIVE and to me' know to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and officials 1 this j day of 1990. WMARY'PUBLU in for the State APPROVED AS TO FORM: of Washington, residing at PpIlingliam. 1 � 10-11al- andall J. Wk1s, Chief Civil Deputy Prosecuting Attorney DATED this _f�( day of , 1990, by the CITY OF BELLINGHAM. ATTEST: Fi a ce Direct Departmental Approval: Ap ed as to prm: City Attorney's Office -- PFR /pb 3/06/90 Page 4 o.�iN•� TIM DOUGLAS, M or