HomeMy WebLinkAboutResolution 2025-23 Link Interlocal Agreement Link Transit for transit improvements on Valley Mall ParkwayCity of East Wenatchee Resolution 2025-23 with Exhibit A
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City of East Wenatchee, Washington
Resolution No. 2025-23
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement between the City of East
Wenatchee and Link Transit for transit improvements on Valley Mall
Parkway.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con la administradora municipal al alternateformat@eastwenatcheewa.gov, al (509)
884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3.Authorization. The City Council authorizes the Mayor to execute
an Interlocal Agreement that conforms to the language set forth in
Exhibit A.
4.Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5.Effective date. This Resolution becomes effective immediately.
Jerrilea Crawford (Apr 17, 2025 12:49 PDT)
Jerrilea Crawford
{KXS4899-1050-4238;1/04791.020001/} 1
Interlocal Cooperation Agreement Between Link Transit and the City of East Wenatchee for
Transit Improvements and License for Use of a portion the East Wenatchee Valley Mall
Parkway & 9th Street NE Drainage Buffer within the City Right-of-Way
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between Chelan-Douglas Public Transportation Benefit Area d/b/a Link Transit
("Link"), and the City of East Wenatchee (the "City"), collectively referred to as the "Parties."
RECITALS:
1. The Parties desire to enter this Agreement pursuant to Chapter 39.34 RCW, the Interlocal
Cooperation Act.
2. Link provides transportation services to the public and is committed to providing transit
amenities throughout the Chelan-Douglas Public Transportation Benefit Area which
includes the city limits of the City; and,
3. Through this Agreement, the City would like to grant Link permission to install a
community bus stop (the “Transit Stop”) within the City right-of-way, and adjacent to 818
Valley Mall Parkway in East Wenatchee, Washington, which is depicted on the attached
Exhibit “A” (the “Property”); and,
4. Link Transit has expressed interest in relocating an existing transit stop on Valley Mall
Parkway that does not have associated transit facilities to the Property which has adequate
space and access for an American’s with Disabilities Act (ADA) compliant shelter pad; and,
5. The City and Link desire to cooperate on the installation of these Transit Stop
improvements; and,
6. The placement of one bus shelter at the location on the Property as generally depicted on
the diagram attached as Exhibit “A” constitutes a significant public investment, which is
made in the best interest of the public; and,
7. Link and the City agree there is a need for the Transit Stop at the location and the City
agrees to grant Link a license to use the Property as a bus stop including the installation of a
bus shelter, and other stop improvements, on the terms set out below; and,
8. Link and the City agree that entering this Agreement is in the best interest of the citizens of
the City and customers of Link;
NOW, THEREFORE, in consideration of the foregoing, Link and the City agree as follows:
1. Purpose. The purpose of this Agreement is to provide accessible transit amenities to the public
by placing the Transit Stop on the City’s Property, to allow increased pedestrian and transit
safety. This Agreement is also entered into to memorialize the relationship and responsibilities
of the Parties related to the existing transit stop which is identified on Exhibit “A” as “Existing
Transit Stop”.
2. Link's Obligations. Link shall:
Exhibit A
City of East Wenatchee
Resolution 2025-23
{KXS4899-1050-4238;1/04791.020001/} 2
2.1 Install on the Property a concrete pad, shelter, seating, and related
improvements, including but not limited to, shelter, schedule kiosks, and other
amenities that Link deems necessary in its sole discretion.
2.2 Ensure adequate drainage at Property is maintained through creation and use of
engineered plans.
2.3 Be responsible for installation, maintenance, and repair of the Transit Stop and
all transit related improvements.
2.4 Maintain the bus shelter and related improvements in a reasonably clean
condition as determined by Link in its sole discretion.
2.5 Control and operate the Transit Stop, including, but not limited to bus
operations and schedules related to the Transit Stop.
3. City's Obligations. The City shall:
3.1 Grant Link access to the Location for repairs and maintenance as needed for the
duration of the Agreement.
4. Existing Transit Stops. The City previously permitted Link to install a similar transit stop
within City right-of-way immediately across the street from the Property. The Parties hereby
memorialize the existence of said transit stop and the authority of Link to use and maintain the
same for transit service on Valley Mall Parkway. The Parties agree that all terms and obligations
of the Parties set forth in this Agreement shall also apply to the existing transit stop.
Through this agreement, and upon relocation of the transit stop, Link vacates and relinquishes
all interest and rights in the existing transit stop near the corner of ninth and Valley Mall
Parkway, which is being relocated to the Property (depicted in attached Exhibit “A” as the “Stop
to be Relocated”).
5. Duration and Termination. This Agreement shall be effective upon the date of the final
signature below and shall continue until terminated by one or both of the Parties, however,
either Party may terminate this Agreement at any time by providing ninety (90) days’ written
notice of termination to the other Party. In the event of termination by Link, Link may, in its
sole discretion, remove the Transit Stop improvements. If the City is the Party terminating the
Agreement, and Link elects to remove the Transit Stop improvements (whether at the City’s
request or in its own discretion), the City shall reimburse Link for the cost associated with
removal and/or disposal of the Stop amenities. Link shall invoice the City for all costs associated
with removal of the Transit Stop improvements within thirty (30) days of completion. The City
shall reimburse Link within thirty (30) days of receipt of Link’s invoice.
6. Access. The City understands and agrees that the bus shelter and other Transit Stop
improvements will be available for members of the public utilizing the services of Link, and the
City agrees not to interfere with the access to and use of the Stop by Link and members of the
public.
7. Mutual Indemnity. Link shall indemnify, defend and hold harmless the City, its officers,
agents and employees, from and against any and all claims, losses or liability, or any portion
Exhibit A
City of East Wenatchee
Resolution 2025-23
{KXS4899-1050-4238;1/04791.020001/} 3
thereof, arising from injury or death to persons or damage to property occasioned by any
negligent act, omission or failure of Link its officers, agents, and employees, in connection with
the work described in this agreement, or arising out of Link’s non-observance or non-
performance of any law, ordinance, or regulation applicable to Link’s use of the Property.
The City shall indemnify, defend and hold harmless Link, its officers, agents and employees,
from and against any and all claims, losses or liability, or any portion thereof, arising from injury
or death to persons or damage to property occasioned by any negligent act, omission or failure
of the City, its officers, agents and employees, in connection with the work described in this
agreement, or arising out of the City's non-observance or non-performance of any law,
ordinance or regulation applicable to Link’s use of the Property.
8. No Separate Entity Created. No separate entity or joint board is contemplated by this
Agreement. Nothing in this Agreement shall in any way affect the City’s ownership of the
Property or Link’s ownership of the Transit Stop improvements. There is no joint ownership of
property.
9. Mutual Negotiation. This Agreement and each of the terms and provisions hereof are deemed
to have been explicitly negotiated between, and mutually drafted by, the Parties, and the
language in all parts of this Agreement shall, in all cases, be construed according to its fair
meaning and not strictly for or against either Party.
10. Governing Law & Venue. This Agreement is governed by the laws of the state of Washington
and venue for any action arising from this Agreement shall be in Chelan County, Washington.
11. Binding Agreement. All the covenants, agreement terms and conditions contained in this
Agreement shall apply to and be binding upon the Parties and their respective successors and
assigns.
12. Severability. Nothing in this Agreement shall be construed so as to require the commission of
any act contrary to law, and if there is any conflict between any provisions of this Agreement
and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the
provisions of this Agreement effected shall be curtailed and limited only to the extent necessary
to bring it within legal requirements.
13. Counterpart Signatures. This Agreement may be signed in counterparts, each of which shall be
an original, but all of which shall constitute one and the same Agreement. Signatures transmitted
by facsimile or via PDF e-mail shall be deemed valid execution of this Agreement, binding on
the Parties.
INWITNESS WHEREOF, the parties hereto have executed this Agreement on this
__________ day of ________________ , 2025.
CHELAN DOUGLAS PTBA D/B/A LINK CITY OF EAST WENATCHEE
TRANSIT
______________________________________ ______________________________
Nick Covey, CEO Jerrilea Crawford, Mayor
Exhibit A
City of East Wenatchee
Resolution 2025-23
{KXS4899-1050-4238;1/04791.020001/} 4
Attest: Attest:
_______________________________________ ______________________________
Selina Danko, Executive Assistant/Clerk of the Board Laura Leon, City Clerk
Exhibit A
City of East Wenatchee
Resolution 2025-23
{KXS4899-1050-4238;1/04791.020001/} 5
EXHIBIT A
Exhibit A
City of East Wenatchee
Resolution 2025-23
{KXS4899-1050-4238;1/04791.020001/} 6
EXHIBIT A
Continued
(Existing Stop)
(Stop to be
Relocated)
(The Property)
Exhibit A
City of East Wenatchee
Resolution 2025-23
Resolution 2025-23 Link ILA VMP Stop
Final Audit Report 2025-04-17
Created:2025-04-17
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA_TFzmXajafpW4m0U9irdjaWd_WYRAM2e
"Resolution 2025-23 Link ILA VMP Stop" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-04-17 - 6:22:47 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-04-17 - 6:23:06 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-04-17 - 7:48:37 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-04-17 - 7:48:58 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-04-17 - 7:49:00 PM GMT - Time Source: server
Agreement completed.
2025-04-17 - 7:49:00 PM GMT