HomeMy WebLinkAbout2019-11-05 - Storm and Surface Water Management - Termination of Agreement - Interlocal Agreements GeneralReturn Document to: Douglas County TLS
140 19th Street N.W.
East Wenatchee, WA 98802
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Thad L. Duvall, Auditor Douglas County WA.
AFN # 3225229 Recorded 11/06/2019 at 01:03:44PM,
TERM Pages: 4 $0.00
DOUGLAS COUNTY COMMISSIONERS
Termination of Interlocal Cooperative Agreement
Interlocal Cooperation Agreement, AFN 3097710, Second
Amendment to Interlocal Cooperation Agreement, AFN 3049436
Amended and Recompiled Interlocal Cooperation Agreement,
AFN 3211665
Douglas County; City of East Wenatchee
N/A
N/A
TERMINATION OF INTERLOCAL COOPERATION AGREEMENT
BETWEEN DOUGLAS COUNTY AND CITY OF EAST WENATCHEE
FOR STORM AND SURFACE WATER MANAGEMENT
This Agreement is made by and between Douglas County and the City of East
Wenatchee.
WHEREAS, the Parties have previously entered into an Interlocal Cooperation
Agreement for the purpose of controlling, regulating, and managing storm and surface
water runoff within and around the Greater East Wenatchee Area; and
WHEREAS, on May 28, 2019, the Douglas County Board of Commissioners
provided the City of East Wenatchee with written Notice of Intent to Terminate
Agreement, Interlocal Cooperative Agreement for Storm and Surface Water
Management; and
WHEREAS, on June 18, 2019, the City of East Wenatchee Mayor, Steve Lacy,
provided Douglas County with written Notice of Intent to Terminate Agreement,
Interlocal Cooperative Agreement for Storm and Surface Water Management; and
WHEREAS, the County Board of Commissioners authorized the execution of this
Agreement; and
WHEREAS, the City Council authorized the execution of this Agreement;
NOW, THEREFORE, in consideration of the premises and promi
Nses, terms and
conditions set forth below, it is hereby agreed as follows:
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to outline termination of the Cooperative
Agreement between Douglas County and the City of East Wenatchee for Stormwater
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SURFACE WATER MANAGEMENT (10162019) - 4
and Surface Water Management in accordance with Article IX, Commencement and
Termination of Agreement contained within that Agreement.
ARTICLE II
COMMENCEMENT AND TERMINATION OF AGREEMENT
2.01 Termination. This Agreement is hereby terminated in whole by the joint action of
the legislative authorities of the Parties.
Written notice was provided to the City of East Wenatchee from the Board of
County Commissioners on May 28, 2019. Written notice was provided to
Douglas County from the Mayor of East Wenatchee on June 18, 2019.
2.02 Disposition of Assets and Liabilities.
A. Facties: Faces supporting infrastructure located within the limits of the City
are owned and maintained by the City, while facilities supporting infrastructure
outside the limits of the City are owned and maintained by the County.
B. Equipment: The City and County jointly purchased aVactor/Eductor Truck (2008
Sterling Chassis — VIN 2FZHZADE18AY47395) and an Equipment/Cargo Trailer
(2008 INTRS — VI 4RACS1627N058088).
These assets shall be disposed of as follows:
1. Vactor: The County will purchase the City's share of the Vactor /Eductor
Truck based upon the appraised valuation of $53,000. The City's pro-rata
share of assets has been established to be 48%. At the time of distribution of
the City's share of the Utility funds, the County will pay the City $25,440.00
The $25,440 valuation for the Vactor will be included in the funds transferred.
Upon execution of this termination, the City will sign the title transfer
documents to relinquish ownership to Douglas County.
2. Cargo Trailer: The County shall transfer ownership of the cargo trailer and
contents to the City. The County will sign title transfer documents to
relinquish ownership to the City of East Wenatchee.
C. Liabilities: As requested by the City, the County will maintain the existing Public
Works Trust Fund Loans (PWTF) to allow the City to continue to make annual
debt payments. Debt redemption for the City and County is outlined in a
separate agreement.
ARTICLE III
GENERAL PROVISIONS
3.01 Entire Agreement. This Agreement constitutes the entire agreement between
the Parties. There are no understandings or agreements between parties other than
those set forth in this Agreement and in the appendices. No other statement,
TERMINATION AGREEMENT FOR
SURFACE WATER MANAGEMENT (10162019) - 2
representation or promise has been made to induce the Parties to enter into this
Agreement.
3.02 Modification, This Agreement may not be amended, supplemented or otherwise
modified unless expressly set forth in a written agreement signed by the Parties and
adopted by resolution of each Party's legislative authority.
3.03 Invalid Provisions. If any portion of this Agreement, or its application to any
person or circumstances, is held or determined to be invalid, such holding or
determination shall not affect the validity or enforceability of any other term or provision
and the application of this Agreement to other persons or circumstances shall not be
affected.
3.04 Counterparts. This Agreement may be executed by the parties using duplicate
counterparts.
3.05 Filing and State Approval. Pursuant to RCW 39.34.040, this Agreement shall be
filed with the County Auditor and the City Clerk.
3.06 Time. Time is of the essence of this Agreement.
Executed: ��` r,^�ul�
ATTEST:
City Clerk
APPROVED AS
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FORM:
TERMINATION AGREEMENT FOR
SURFACE WATER MANAGEMENT (10162019) - 3
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of the Board
APPROVED AS TO FORM:
Pr Secuting Attorney
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COMMISSIONERS
TERMINATION AGREEMENT FOR
SURFACE WATER MANAGEMENT (10162019) - 4