Cad-C-/I- 5
6 /1
$ 1 51 . e ~ ~ -
RECEIVED,
PQ'
JUN 2 5 1985
.
DEVELOPMENT/OPERATION AGREEMENT
MEADOWDALE PLAYFIELD SITE
%EREAS, each of the subscribed signato=ie's hereto-is a public
agency as defined by RCW Chapter 39.34;
WHEREAS, each of the subscribed signatories desire and agree to
enter into a joint action and to cooperate with each other for the
purpose of developing, operating, maintaining, and scheduling a
..
recreation -site;and;
WHEREAS, Edmonds School District No. 15 owns approximately
twenty five (25) acres located at 66th Avenue West and 168th Street
SOW,, and has indicated said acres to be called "Meadowdale Playfield
Site, " and
WHEREAS, the Cities of Ednonds and Lynnwood, Snohomish County,
and E h o n d s School District No. 15 have identified a need for parks
and recreation sites that will accord best with geographic, economic,
population, acd other factors influencing the development of the loczl
communities, and;
WHEREAS; Edmonds Schocl District has identified the need for
zdditional athletic fields in this area to enhance the District's
educational program;
NOW THEREFORE, the parties do agree as follows:
1. The Edmonds School District No, 15 agrees to make the
property available for development by the agencies identified in this
Agreement for consideration of use of the fields for school
district-sponsored educational activities. The Cities of Lynnwood,
Edmonds, and Snohomish County intend to establish the responsibility
of each party to this agreement for the development, operation,
maintenance, and scheduling of the recreation site.
2. The drawing dated March; 1985, entitled "Master Plan, "
adopted by the Councils of Lynnwood and Edmonds, Snohomish County's
Parks and Recreation Advisory Board and County council, and Edmonds
School District No. 15, is hereby made a part of this Agreement. The
plan outlines development on the twenty five-acre site and considers
future developments and scheduling of adjacent School District
property: Meadowdale Elenentary, Meadowdale Kiddle School, and
Meadowdale High School.
3. The Cities, County and School District agree that no call for
bids will be authorized for each phase of the cons.truction until such
'Page
1
time as all agencies have approved the final plans, specifications and
cost estimate for each phase. Also that no award of a construction .
contract shall be made until approved by all agencies.
. 4 . Th'e Cities, County, or School District may propose additional
development plans for the recreation site aftef.first consulting with
the other parties to this Agreement concerning the feasibility of such
development. The costs of preparing such development plans will be
borne entirely by the initiating agency unless a written agreement to
share such costs is approve by all parties prior to the incurring of
any costs. Development plans for the recreation site shall be first
approved by the other agencies prior to initiating construction,
improvement or installation. The preparation of proposed development
plans does not obligate the initiating agency to proceed with
construction.
5. The Cities shall bear the costs of construction. Snohomish
County will contribute $150,000 in 1984/85 and additional amounts, as
is later determined. The Cities of Lynnwood and Edmonds will each
contribute $120,000 per year for five years for construction of the
project.
6. The City of Lynnwood will serve as the construction agent for
the purpose of initially incurring all expenses for all elements of
the construction of the joint facility, including but not limited to
architect and engineering fees, site development/construction fees,
Washington State sales tax, etc.
The Parks and Recreation Director of Lynnwood will act as the
Construction ~dministrator. The Edmonds Parks and Recreation ~irector
will act a Construction Administrator.in the absence of the Lynnwood
parks and Recreation Director.
7. The City of Lynnwood shall bill the City of Edmonds and
Snohomish County for their share of the project costs.in accordance
with the amounts listed in Section 5 . Lynnwood shall keep appropriate
books and accounts covering all construction related costs for review
or audit by the agencies.
-
8. The Cities will share equally the costs and responsibility of
maintenance, and divide the mainten.anceand operation responsibility
as each phase of the project is completed. The Cities will each
account for the costs of maintenance and operation of the playfields
and adjust responsibilities annually if they are not equal. The
School District will pay for the costs of field preparation for the
District's use. A detai1,edmaintenance agreement will be developed
~
by all cities and.an agreement
after the fina.1 master p 1 a n . i accepted
is reached on the phases of.the project's development.
Page
2
I
9. If it is prudent to close or reduce scheduled use of a field
because of severe adverse weather conditions or other unforeseen
causes, the agencies involved shall confer and agree concerning
reduced use.
. .
10. I f the Cities ' - parks and decreat~on~epartxrkntsand the
District's representative are unable to come to an agreement in the
administration of this Agreement and/or any'dispute involving this
Agreement, including payment of assessments or making good on
maintenance agreements, the matter shall be referred to the Cities'
Mayors and the District's Superintendent for resolution. Should
agreement not be reached amQng the Mayors and the Superintendent, the
Cities and the ~ i s t r i c twill each appoint an arbitrator at their
respective expense. The three arbitrators will be given a designated
time to arrive at a decision which shall be binding on all parties.
11. At least once a year, or upon written request of any party,
this Agreement shall be reviewed by all parties' representatives for
the purpose of reconsid'ering the equitable distribution of the
responsibilities of each party. Recommendations for amendments shall
be made to the Cities' Mayors and the District's Superintendent and
presented to the Cities1 Councils and the'school Board for approval.
L.
12. The Cities and the District, but not the County, shall
indemnify and hold harmless each of the other parties including the
County, to this Agreement and their respective officers, agents and
employees, from any and all loss, damage, liability or expense,
including expense of litigation, resulting from any actual or alleged.
injury to any person or' firm or to such person or firm's property,
caused by or resulting from any act or omission of the party which
constructs, maintains, or designs any facility or from any act or
omission which occurs as a result of the use of any area or facility
by.the party or its guest or invitee. It is the intent of the parties
that each party bear, and indemnify the other parties, from all
claims, costs or loss which relate to that particuiar party's use, the
or
use of its guests or i n v i t e s and the party's design;construction,
maintenance of any area or facility. Joint use, design, construction
or maintenance shall result in indemnification by such parties of all
parties not participating in such joint use, design, construction or
maintenance. Participation by any party by the payment of funds alone
under this Agreement shall not be "used" for the purposes of this
paragraph. . It is the stated intent of the parties that the County's
liability under this contract b e limited to the amount of its monetary
contribution and that the County shall be liable for no other cost,
.
charge, claim or liability of any kind.
13.
The Cities and the District shall agree on a set of policies
Page
3
.
f o r use of t h e f a c i l i t i e s .
procedures f o r t h e f i e l d s .
;
A t t a c h e d i n Appendix "A" a r e p o l i c i e s and
. - 14.
Each agency, i n t h e u s e o f t h e a r e a s a n d . f a . c . i l i t i e s s h a l l b e
r e s p o n s i b l e f o r t h e damage caused by t h e a c t s o f i t s o f f i c e r s , a g e n t s ,
employees, g u e s t s , i n v i t e e s ; o r v i s i t o r s t h a t u s e t h e f a c i l i t i e s , n o t
t o i n c l u d e normal wear and t e a r . The c o s t s o r r e p a i r s o r replacement
due t o vandalism w i l l be s h a r e d e q u a l l y by t h e C i t i e s .
..
15. The c i t i e s may a s s e s s and c o l l e c t f e e s from
p a r t i c i p a n t s f o r any a c t i v i t y h e l d on t h e s i t e . Edmonds and Lynnwood
w i l l a g r e e on a s c h e d u l e o f f e e s and c h a r g e s a n n u a l l y .
16. The C i t i e s o r D i s t r i c t w i l l f u r n i s h and s u p p l y a l l
expendable m a t e r i a l s n e c e s s a r y f o r c a r r y i n g on t h e i r a c t i v i t y a t t h e
facility.
17.
Scheduling procedures:
A.
The C i t i e s w i l l j o i n t l y s c h e d u l e u s e o f t h e s i t e w i t h each
agency r e c e i v i n g e q u a l time f o r s c h e d u l i n g community programs.
Schedules w i l l b e c o o r d i n a t e d t o a s s u r e maximum u s e o f t h e f a c i l i t y .
B.
S c h e d u l i n g w i l l be based on t h r e e s e a s o n a l t i m e p e r i o d s ,
i . e . , Winter
J a n u a r y through March; S p r i n g / S u m e r
April
August;
and F a l l
September through December.
-
-
-
-
C.
School D i s t r i c t programs w i l l r e c e i v e p r i o r i t y u s e o f t h e
s i t e d u r i n g t h e normal s c h o o l y e a r (September t h r o u g h May), up t o 6:00
p.m., Monday t h r o u g h F r i d a y . Scheduling o f s c h o o l programs a f t e r 6:00
w i l l be c o o r d i n a t e d w i t h o t h e r community programs.
p.m.
D. A c t u a l s c h e d u l i n g p r o c e d u r e s , i.e., f i e l d u s e a p p l i c a t i o n s ,
r e n t a l f e e s , . s c h e d u l i n g d a t e s , s u p e r v i s i o n o f a c t i v i t i e s , group
p r i o r i t i e s , e t c . , w i l l be j o i n t l y d e ~ e l o p e dand c o o r d i n a t e d by s t a f f
from b o t h C i t i e s .
E. The D i s t r i c t w i l l n o t pay . f i e l d r e n t a l f e e s f o r i t s u s e o f
t h e f a c i l i t i e s f o r e d u c a t i o n a l p u r p o s e s . The D i s t r i c t w i l l b e
a s s e s s e d f o r f i e l d l i g h t i n g c o s t s and f i e l d p r e p a r a t i o n done by t h e
C i t i e s ' maintenance crews ( l i n i n g , d r a g g i n g , p l a c e m e n t o f b a s e s ,
etc.).
F.
The C i t i e s and t h e D i s t r i c t w i l l m a i n t a i n r e c o r d s t h a t w i l l
Page
4
make,clear the lines of responsibility and liability of the scheduling
agencies.
"
18. This Agreement. shall be in effect.for forty. ( 4 0 ) years from
this date or until terminated by a majority'vote of the parties,
except as provided for in 18-,c,, or mutually amended in writing in the
same manner as this agreement was executed.
a. Should either of the Cities or the County unilaterally'wish
to withdraw from this Agreement, they shall do so only after having
given the other parties written notice of intent to terminate at least
one hundred eighty (180) days prior to such action.
b. Unilateral withdrawal from this Agreement gives the
withdrawing party no rights to recover any portion of its investment
in the site or to use any portion of the site, Ownership of any
improvement other than portable equipment items shall be vested in the
District subject to such rights as shall be agreed upon in writing
prior to the initiation of such improvements.
c. If the'District terminates this Agreement before its full
term, the District will give the Cities and the County one hundred
eighty (180) days notice of its intent and will reimburse the Cities
and the County for the amortized value of the development costs and
costs of improvements. Value shall be calculated by using the
formula:
Years Agreement in Force
40
X Replacement Value of All project
costs at the time of termination.
19. If a negative Declaration for Environmental Impacts is not
approved, and conditions or mitigations are imposed i~ accordance with
the State Environmental Protection Act that would impose greatly
increased costs not anticipated by this Agreement, any party may
withdraw from this Agreement without penalty.
Page
5
-
20,1 If any action, subsection, sentence, clause, or phrase of
this Agreement is for any reason held to be unconstitutional or
illegal, .such decision shall not affect the validity of the remaining
portions of this Agreement, This Agreement shall be filed with the
of State, - .
City.Clerks, Snohomish County Auditor, and - -the Secretary
. .
DATED this
5th
d a y o f June
1985,.
CITY OF EDMONDS:
-Mayor
4$ikQ&CITY OF LYNNWOOD:
Y-I 8-13s
M a y p 'of
Lynnwood
EDMONDS SCHOOL DISTRICT NO, 15
n
4 9 1 6
Su$e@ntendentJof
THOl4AS G
Schools
riSON
nty 'Exec
.-<-
7
5
Page
MEADOWDALE PLAY FIELDS
FACILITY USE REGULATIONS
JANUARY, 1985
1
.
A1 coho1 i c beverages and drugs are prohibited ' a t the. compl ex, and smoki I
is prohibited on the playing fielifs.
- -
2.
No golfing is permitted on the s i t e unless approved by the Parks and
Recreation
Department.
.-
3.
-
Motorized vehicles are t o be parked only i n designated parkiug areas at
are prohibited an the fields.
4.
Pets m u s t be on leash a t a l l times except a s may be permitted f o r specevents approved by the Parks and Recreation Department.
5.
No person shall engage i n the s a l e of merchandise or services o r opera7
a concession without approval of the Parks and Recreation Department.
6.
No person shall m u t i l a t e , deface, c r damage any f a c i l i t y improvements.
A1 1 . 1i t t e r shall be disposed of i n designated receptacles.
7.
Youth organizations will not be permitted t o u t i l i z e the f a c i l i t i e s
without adequate adult supervision a t a l l times.
. . . .. .
.
.
..-... .. ---. .-+.:
. . .
. ..-.- ..-.-,-.
. .-.'. :
-. . - . - * .-..
.....__ - . .-.
i , . -.
< .-. .-. .. .._.- - - - -.:
-.-_..
:.,-
..-- -_
- .*,: ..-;.
--.-:;.: - . : -:;
.*be
..
r
.-
- ,
.,. 7
.
,--5
.
~
8.
.
A1 1 organizations, groups, and/or individuals utilizing the f a c i l i t i e s
Failure t o do so will resu'
i n additional maintenance costs chaqed t o the organization, group, or
individual s responsibl e f o r additional cl ean-up.
must leave them i n satisfactory condition.
9.
The Parks and Recreation Department reserves the right t o cancel any
f a c i l i t y use permit f o r just cause o r t o amend the procedures s e t fortl
i n this document a t any time.
10.
The Parks and Recreation Department i s not responsible f o r accidents,
injuries, o r 1oss ~f property.
71.
Misuse of park f a c i l i t i e s o r f a i l u r e t o conform w i t h these regulations
will be sufficierit grounds f o r immediate permit suspension and/or deni;
of future applications.
12.
.
The groups u s i n g the f a c i l i t i e s agree t o hold harmless the c i t i e s of
Edmonds and lynnwood, Edmonds School D i s t r i c t , and Snohomish County frl
and against any and a1 1 claims f o r damages resulting from death, perso.
injury, or property l o s s o r damage suffered o r claimed t o have been
suffered by any person whatsoever and rising out of any act or omissio
of an applicant and/or i t s agents during use of f a c i l i t i e s .
-
13.
Umpi res and/or referees. shall be the f i n a l -authority f o r governing
behavior during sc hedul ed a c t i v i t i e s .
-.
MEADOWDALE PLAY FIELDS FACILITY USE REGLILATIONS
Page2
.
14. Ahyone whose action jeopardizes safety or engages i n abusive or
be1 1i gerent behavior will be di squat i f ied from play and barred from' the
facility.
.
.
--
. .
15. The Faci 1ity Supervisor i s -responsible for the total operati on of the
complex and makes the -final decisions regarding f a c i l i t y use.
HEADOWDALE
rTBEREAS,
PLAYFIELD OPERATION AND MAINTENANCE AGREEMENT
the
cities of Edmonds and
Lynnwood, Snohomish
County, and Edmonds School District No. 15 have jointly developed
a site known as the Meadowdale Playfield site pursuant to a
Development and Operations Agreement dated June 5, 1985;
WEEREAS, paragraph 8 of such agreement provides in part that
". . . t h e
cities
will
share
equally
the
costs
and
responsibilities of maintenance and each account for the cost of
maintenance
and
operation
of
the
playfields
responsibilities annually if they are not equal.
and
adjust
The School
District will pay for the cost of field preparation for the
District8s
use.
A
detailed
maintenance
agreement will
be
developed after the final master plan is accepted by all cities
and
an agreement
is reached on the phases of the project8s
developmentm; and
WHEREAS, the parties wish to provide for a more permanent
basis
of
.
operation
and
maintenance
responsibility.
NOW,
THEREFORE,
In consideration of the mutual benefits to be derived and
the promises set forth herein, the City of Lynnwood, Washington
(hereinafter nLynnwoodn), and the City of Edmonds, Washington
(hereinafter nEdmondsw), do hereby
enter
into the
following
agreement under the terms and conditions herein set forth:
1.
Term of Acrreement.
This agreement shall run from year
to year with annual amendments by the parties as herein set
forth.
Its initial term shall be for the budget year January 1,
EXHIBIT 1
-nPt
4
c
.n.rr
1991, through December 31, 1991.
renewed
unless
the
underlying
It shall be automatically
Development
and
Operations
Agreement is terminated by the parties.
2.. Manadncr Auencv.
Lynnwood is hereby designated as the
managing agency and shall incur all' costs associated with the
normal operation and maintenance of the joint facility subject to
appropriate
reimbursement
from
the
other parties
as
herein
provided.
3.
Billinq.
The City of Lynnwood shall provide a detailed
billing statement of the net costs and maintenance operation of
the joint facility to the City of Edmonds on a quarterly basis.
The School District shall pay the cost of field preparation for
District use.
The
following
estimated
costs
of
such
operation
and
maintenance shall be established annually as provided below in
paragraph 4.
Such estimated costs shall not be conceded on a
quarterly basis without the express written consent of the other
parties.
3.1. Upon receipt the parties shall have twenty (20)
working days to review said bills and tender payment.
3.2.
In the event of dispute regarding the amount or
appropriateness of any charge, the affected party shall notify
Lynnwood in writing by depositing same in the U.S.
in
care
of
the
City
Clerk,
City
of
mail addressed
Lynnwood,
Lynnwood,
Washington, within the twenty (20) day review period and shall
pay any amount not in dispute within said period.
3.3.
The parties shall attempt to first resolve the
issue between themselves.
If they are unable -to resolve the
dispute within thirty (30) days of the mailing of the notice of
dispute,
the
parties
shall
submit
the
matter
to
binding
arbitration before an arbitrator to be mutually agreed upon.
The
cost of arbitration shall be born equally between the parties;
provided, however, that either party may refuse to submit to
arbitration any charge or cost alleged to be prohibited by law or
the Constitution of the State of Washington or the United States
of America.
4.
Annual Estimates.
Lynnwood shall submit annually on or
before September 15 of each year the estimated maintenance and
operation costs for the full following budget year.
The cost
shall reflect complete maintenance and field preparation for
fields 1, 2, 3, 4 and 5 as well as the anticipated electrical and
other utility charges necessary to light all fields and'otherwise
provide for the operation of the complex.
Such information shall
be submitted by that date in order to be reviewed as a part of
the normal budget process.
deemed
incorporated
into
The maintenance charges shall be
this
operation
and
maintenance
responsibility when such estimate of charges is attached hereto
as approved by the City Council of the affected party through the
budget process.
Upon such attachment, this Agreement shall be
deemed to be renewed for an additional year.
5.
Accountincr Procedures.
Lynnwood shall keep appropriate
books and accounts covering the operation and maintenance for
review or audit by a paying party.
A separate accounting shall
be maintained
for all revenue collected from the complex and
fully credited to each city8s or other party8s operating and
maintenance account.
6.
Insurancg.
Lynnwood
shall
provide
the
necessary
of
the
facility and naming Edmonds as an additional named insured.
The
deductible applicable t o all
per
property
insurance
required
for
adequate protection
claims shall be
$1,000.00
occurrence unless otherwise agreed upon by the parties.
Internretation and Incomoration.
The prior agreement
between the parties dated June 5, 1985, is hereby incorporated by
this reference as fully as if herein set forth.
Such agreement.
shall remain in full force and effect and shall govern the
interpretation of the provisions of this Agreement.
Also to be
utilized in any interpretation of this Agreement is the "Master
Plann adopted by the parties and dated March 1985.
8.
Normal Overation and Maintenance.
Normal operation and
maintenance of the facility shall include the following items:
8.1.
O~eration.
8.1.1.
Receiving
and
processing
of use
request
forms, collection of. fees and original scheduling of approved
activities in accordance with the provisions of the original
agreement.
8.1.2.
Set
up
and
supervision of all
scheduled
8.1.3.
Organization, coordination, and supervision
activities.
of the concession stand operation.
8.1.4.
Purchase of required
operating materials
including but not limited to soccer nets, bases, field lining
material, and other similar and normal operational materials.
8.1.5.
Payment of all
utility
charges
including
but not limited to electric, water, sewer, garbage, telephone,
alarm and monitoring.
8.2.
Maintenance.
8.2.1.
Purchase of all materials required for the
normal maintenance of the facility including but not limited to
restroom supplies, garbage bags, fertilizers, seed, sand, soils,
bark, chemicals, irrigation supplies and lighting supplies.
8.2.2.
Purchase of all equipment and tools required
for normal maintenance of the facility including but not limited
to tractor and trailer, field liner, drags, and hand tools.
8.2.3.
Mowing, trimming, aerating, verti cutting,
top dressing, seeding, fertilizing and weed control of all turf
areas.
8.2.4.
Maintenance of the control building (includ-
ing restrooms, storage and office areas).
8.2.5.
Programming
and
maintenance of the auto-
mated irrigation system throughout the facility.
8.2.6.
Collection and disposal of all litter.
8.2.7.
Cleaning and maintenance of
parking
lots,
walkways, hard court surface area and bleachers.
8.2.8.
misuse.
Repair of items damaged by vandals or other
8.2.9.
Performing such other normal operation and
maintenance duties as are normally required in the operation of
this facility whether or not listed above.
9.
Estimated Annual Charcre.
The total estimated annual
charge for the Meadowdale facility for each and every budget year
shall be attached to this Agreement as an exhibit and upon
attachment shall be
forth.
incorporated as fully as if herein set
The total estimated cost for the facility for 1991 is
$65,800 for operations and maintenance.
any
The cost for any year or
calendar quarter shall not exceed 110% of the original
estimate for such period without the prior written approval of
the City Councils of Lynnwood and Edmonds.
10. Revenues.
The revenue from the facility shall include
field rental fees and the concession operation.
shall be shared equally by Edmonds and Lynnwood.
Such revenue
Each city shall
collect revenue from their own league activities and may, at the
option of each City, permit such monies to be credited against
their obligations under this Agreement.
11. Inteqration:
integrated
with
and
Termination.
interpreted
This
in
Agreement
accordance
shall
with
be
the
development/operation agreement for the Meadowdale Playfield of
June 5, 1985, and may be terminated only in accordance with the
termination provisions set forth in that agreement.
DONE this
d
I
day of
8
1 9 4
CITY OF ED
By:
~act&el%ne G. ~arrekt,City Clerk
Approved as to form:
/ I 7 $dW
U
City W t o r n e y
CITY OF LYNNWOOD
By:
M. J/. '~rdlicka, Mayor
Approved as to form:
City Attorney
~ w D A L E . P L A ~
1991 EstiFated Maintenance and Operation Costs
The following estimated cost covers maintenance and operation of the facility for the
full year. Costs reflect complete maintenance and field preparation for all fields.
.
-
Totals include labor, materials and equipment rental m t s .
1. Turf Maintenance
a.
Mowing
b.
Aerating, verticutting, top dressing
seeding, etc. .
..
c.
Fertilizing and weed control
2.
Irrigation Control and Repair
3.
Building Maintenance
Daily Maintenance, Repairs, Telephone
1,800
Alarm Monitoring
4.
Litter Control and General Clean-up
5,250
5.
Sand Field Maintenance
2,000
6.
General Site Maintenance
Pruning,Play Equipment, Storm Drains
Holding Ponds, Leaves, Landscape Materials and Fence
Repairs.
'
: 2,800
7. Field Reparation and Facility Monitoring
Year-Round for all fields.
8.
Water, Sewer and Electricity
a.
Sewer reflects a 5%increase
b. Water reflects a.8%increase
9.
Insurance
10. Administrative Costs
TUTAL ESIIMATED
COST FOR 1991
$65,800
Edmonds Share
Lynnwood Share
32,900
32,900
APPENDIX B
Meadowdal e P l a y f ie l ds
O p e r a t i o n and Maintenance R e s p o n s i b i l i t i e s
I n accordance w i t h Item #8 o f t h e Devel opment/Operati on Agreement, t h e f o l 1owing
p r o v i s i o n s a r e s e t f o r t h t o d e s i g n a t e t h e o p e r a t i o n and maintenance
r e s p o n s i b i l i t i e s f o r t h e p e r i o d January 1, 1989, t o December 31, 1989.
1.
The City o f Lynnwood i s designated as t h e managing agency f o r 1989 and as
such i s t o i n c u r a l l c o s t s a s s o c i a t e d w i t h t h e normal o p e r a t i o n and
maintenance o f t h e j o i n t f a c i l i t y s u b j e c t t o a p p r o p r i a t e reimbursement from
t h e City o f Edmonds.
2.
B i l l i n g . The City o f Lynnwood s h a l l p r o v i d e a d e t a i l e d b i l l i n g o f t h e n e t
c o s t s of maintenance and o p e r a t i o n o f t h e j o i n t f a c i l i t y t o t h e City o f
Edmonds on a q u a r t e r l y b a s i s .
2.1.
The City o f Edmonds s h a l l have twenty (20) working days t o r e v i e w s a i d
b i l l s and t e n d e r payment.
2.2.
I n t h e e v e n t o f d i s p u t e r e g a r d i n g t h e aniount o r a p p r o p r i a t e n e s s o f any
charge, t h e C i t y o f Edmonds s h a l l n o t i f y t h e City o f Lynnwood i n w r i t i n g by
d e p o s i t i n g same i n t h e U.S. m a i l w i t h i n t h e twenty (20) day r e v i e w p e r i o d
and s h a l l pay any amount n o t i n d i s p u t e w i t h i n s a i d p e r i o d .
2.3.
The p a r t i e s s h a l l a t t e m p t t o f i r s t ' r e s o l v e s a i d d i s p u t e between
themselves. I f t h e y a r e unable t o . r e s o l v e t h e d i s p u t e w i t h i n t h i r t y (30)
days o f t h e m a i l i n g o f t h e n o t i c e o f d i s p u t e , t h e p a r t i e s s h a l l submit t h e
m a t t e r t o b i n d i n g a r b i t r a t i o n b e f o r e an a r b i t e r t o be m u t u a l l y agreed upon.
The c o s t s o f such a r b i t r a t i o n s h a l l be borne e q u a l l y between t h e p a r t i e s ;
provided, however, t h a t e i t h e r p a r t y may r e f u s e t o submit t o a r b i t r a t i o n any
charge o r c o s t a l l e g e d t o be p r o h i b i t e d by l a w o r t h e C o n s t i t u t i o n .
3.
The C i t y o f Lynnwood s h a l l keep a p p r o p r i a t e books and accounts c o v e r i n g
o p e r a t i n g and maintenance c o s t s f o r r e v i e w o r a u d i t by t h e C i t y of Edmonds.
A separate a c c o u n t i n g s h a l l be m a i n t a i n e d f o r a l l revenue c o l l e c t e d f r o m t h e
complex and equal l y c r e d i t e d t o each c i t y ' s o p e r a t i n g and niai ntenance costs.
4.
The City o f Lynnwood s h a l l p r o v i d e t h e necessary p r o p e r t y i n s u r a n c e r e q u i r e d
f o r adequate coverage o f t h e f a c i l i t y and name t h e C i t y o f Edmonds as an
a d d i t i o n a l insured. D e d u c t i b l e a p p l i c a b l e t o a1 1 c l a i m s s h a l l be $1,000.00
e a c h o c c u r r e n c e u n l e s s o t h e r w i s e agreed upon by t h e c i t i e s . I t e m #2 of t h e
o r i g i n a l agreement addresses 1 i a b i 1 it y c o n d i t i o n s f o r t h e f a c i 1 it y
.
5.
Normal o p e r a t i o n and maintenance o f t h e f a c i l i t y w i l l i n c l u d e t h e f o l l o w i n g
iterns :
O p e r a t i on
A.
R e c e i v i n g and p r o c e s s i n g o f use r e q u e s t forms, c o l l e c t i o n o f f e e s and
a c t u a l schedul i n g o f approved a c t i v i t i e s as i n accordance' w i t h I t e m #17
of t h e o r i g i n a l agreement.
Meadowdal e P l a y f i e l ds
O p e r a t i o n and Maintenance R e s p o n s i b i l i t i e s
B.
Set-up and s u p e r v i s i o n o f a l l scheduled a c t i v i t i e s .
C.
O r g a n i z a t i o n , c o o r d i n a t i o n , and s u p e r v i s i o n o f t h e concession stand
o p e r a t i on.
D.
Purchase o f r e q u i r e d o p e r a t i n g m a t e r i a l s, i.e.,
f i e l d 1i n i n g m a t e r i a l , e t c .
E.
Paynient of a l l u t i l i t y charges, i.e., e l e c t r i c i t y , water, sewer,
garbage, telephone, a l a r m m o n i t o r i n g , e t c .
soccer nets, bases,
Maintenance
6.
A.
Purchase o f a l l m a t e r i a l s r e q u i r e d f o r t h e normal maintenance o f t h e
f a c i l i t y , i.e., r e s t room s u p p l i e s , garbage bags, f e r t i l i z e r s , seed,
sand, s o i l s , bark, chemicals, i r r i g a t i o n s u p p l i e s , l i g h t i n g s u p p l i e s ,
etc.
B.
Purchase o f a l l equipment and t o o l s r e q u i r e d f o r t h e normal maintenance
o f t h e f a c i l i t y , i.e., t r a c t o r and t r a i l e r , f i e l d l i n e r , drags, hand
tools, etc.
C.
Mowing, trimming, a e r a t i n g , v e r t i c u t t i n g , t o p d r e s s i n g , seeding,
f e r t i l i z i n g , and weed c o n t r o l o f a1 1 t u r f areas.
D.
Maintenance o f t h e c o n t r o l b u i l d i u g ( r e s t rooms, storage, and o f f i c e
areas, e t c . )
E.
Programming and maintenance o f t h e automated i r r i g a t i o n system
throughout t h e f a c i l i t y .
F.
C o l l e c t i o n and d i s p o s a l o f a l l l i t t e r .
G.
Cleaning and maintenance o f p a r k i n g l o t s , walkways, h a r d c o u r t s u r f a c e
areas, and bleachers.
H.
R e p a i r i t e m s damaged by vandals.
I.
Perform o t h e r normal o p e r a t i o n and maintenance d u t i e s n o t l i s t e d above
t h a t are required.
.
The n e t maintenance and o p e r a t i o n c o s t s f o r 1989 s h a l l n o t exceed $60,000
(10% c o n t i n g e n c y ) w i t h o u t p r i o r approval o f t h e City C o u n c i l s o f Lynnwood
and Edmonds.
Meadowdal e P l a y f ie l d s
O p e r a t i o n a n d Maintenance R e s p o n s i b i l i t i e s
Page 3
7.
ApRgEr:
The f i e l d r e n t a l f e e s and concession s t a n d revenue w i l l be shared e q u a l l y b y
Ed~iionds and Lynnwood. Each City w i l l c o l l e c t revenue f r o m i t s own league
activities.
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City A t t o r n e y
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CITY OF LYNNWQOQ:
APPROVED AS TO FORM:
Mayor
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3/17
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