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HomeMy WebLinkAbout1995 - Fire Protection District 1 - April 19950'VL-' Whatcom o�nty Fire Protection District No. 1 Everson, Washington 98247 FIRE STATION NO. 1 FIRE STATION NO. EVERSON P . 0. Bo;, 454 NUGENT'S CORNER Ms. Mar j e Zaidlwrr, Member Whatcom County Coundil 1000 1% Forest ,St. Bellingham, vIA 98225 Dear Ms. laidlavr: 1hatcom County Eire District Yo. 1 has completed an ao-ree- ment with the Nooksack Indian Tribe for Aid Service and Fire Services at their Casino and other facilities in Deming. I am enclosing a copy of the agreement for your infor- CD mation. Very truly ;Tours, Whatcom Co. Fire Dist. No. 1 IE s. Marion Be0 e, Secretary IFU 1,:721 14 199J VVHATC.Xomi COUNTY AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THIS AGREEMENT is entered into by and between the NOOKSACK INDIAN TRIBE, (hereinafter called "Tribe"), and WHATCOM COUNTY FIRE DISTRICT # ONE ((hereinafter called "District.") WHEREAS, the Tribe is a recognized Indian Tribe under the Treaty of Point Elliott, 1855, and is exempt by law from any obligation to pay Washington State and Whatcom County, real or personal property taxes, and WHEREAS, the District is organized under Chapter 52 RCW to provide fire prevention services, fire suppression services, emergency medical services, and for the protection of life and property in areas outside of cities and towns as well as inside the cities and towns which have been annexed into said District, and WHEREAS, the Tribe is constructing a building in Deming, Whatcom County, Washington, for the purpose of operating a Casino (hereinafter "Casino Building"), and WHEREAS, the Tribe owns and occupies other buildings in the area served by the District and desires the services which are provided by the District for these buildings as well as the Casino Building, and WHEREAS, the Tribe, although not legally obligated to do so, is willing to donate to the District, in appreciation of services provided by the District on an annual basis, a sum of money roughly equivalent to the sum which the District would receive if the Casino Building was levied upon by the Whatcom County Assessor for real property taxes, and WHEREAS, the parties agree that the sum to be donated should be one dollar per thousand dollars of Casino Building real property value, and WHEREAS, the parties agree that for calendar years 1993 through 1996 the Casino Building real property shall be considered to be of a value for the purposes of this agreement, of TWO MILLION DOLLARS ($2,000,000.00), and WHEREAS, the parties agree that for the years after 1996, the Tribe shall have the right to base its donation on the value of the Casino Building real property as determined by an appraisal conducted by or under the rules and regulations of the U.S. Department of the Interior, Bureau of Indian Affairs. Page 1 of 2 NOW THEREFORE, it is mutually agreed by the parties as follows: 01. District shall furnish fire protection services and emergency medical services to Tribe buildings and equipment located within the established boundaries of said Fire District. The extent of such services shall be the maximum which the equipment, personnel and circumstances of the District permit and shall be not less than that provided to all other properties within the Fire District. 02. Tribe shall pay District annually as follows: 1993 - 1996: TWO THOUSAND DOLLARS ($2,000.00) 1997 and after: ONE DOLLAR ($1.00) per ONE THOUSAND DOLLARS ($1,000.00) of real property value of the Casino Building as determined by an appraisal conducted by or under the rules and regulations of the U.S. Department of the Interior, Bureau of Indian Affairs. The first reappraisal shall be in 1996 to determine the amount of the donation for 1997, and shall be reappraised every four (4) years thereafter. 03. The donation shall be payable on or before the first day of April of each year. Payments shall be made directly to the District unless the District indicates payments shall be made to the Whatcom County Treasurer., 04. Tribe agrees to cooperate with District to allow building and property inspections deemed necessary by the District to provide fire prevention services and pre - fire planning within the District. Provided, that nothing in this agreement shall be construed to grant or authorize code enforcement authority to the District. 05. This agreement shall run and extend for an indefinite period, subject to termination upon six (6) months written notice by either party. DATED this,day of , 1993. WHATCOM NTY FIRE DISTRICT #1 VMATCOM COUNTY l AUDITOR'S NOTE: This document is Commissioner a photo copy, Commissioner Commissioner Approved: NOOKSACK INDIAN TRIBE By:�—� 0 ( Hubert Williams, Chairman Inept certified, Ac?t original WHATC:ON COUa. Ta, FE14A . i' 1. F•= � iv 0 AGREE Page 2 of 2