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Home My WebLink About101215_ca13Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director /County Engineer /�0� Agenda Date: October 12, 2015 Subject: License request from Jefferson County Fire District No. 5 to use County owned property for continued fire and rescue operations. Statement of Issue: The Jefferson County Fire District No. 5 is seeking a license to continue to use County owned parcels to maintain, operate and upgrade fire and safety facilities in conjunction with the operation of fire station "Station 51" located at 12 Bentley Place, Port Townsend WA 98368, situated on corner of Bentley Place and E Uncas Road North. Jefferson County Fire District No. 5 is requesting the license to replace the 20 year lease which had expired in 2008. Analysis /Strategic Goals /Pro's ✓t Con's: Jefferson County Fire District No. 5 will be pursuing a bond for onsite facility improvements and therefore is requesting County's support to insure long term use of the subject properties. The license insures that the County property is protected whereby Jefferson County Fire District No. 5 shall continue to assume liability for operations and responsibility for all costs associated with the operations and improvements for the long term. Fiscal Impact /Cost Benefit Analysis: There is no financial impact to the County at this time. Jefferson County Fire District No. 5 will continue to fund their operations and improvements. The Department of Public Works does not presently foresee any other beneficial uses for the subject property and fully supports the fire safety and rescue operations on site. Department Contact: Will Butterfield, 385 -9350 Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: The Department of Public Works recommends approval of the attached License supporting the continued and potentially upgraded operations of the fire and rescue operation through Jefferson County Fire District No. 5. Please sign the licensing agreement where indicated and return to Department of Public Works for further processing. Please retain a copy of the original License for the Commissioner's records. Reviewed By: i ip Morle , C ___gbnty Administrator s Date State of Washington County of Jefferson In the matter of a LICENSE To Use County Property } LICENSE By the Jefferson County } Fire District No. 5 } This agreement is between JEFFERSON COUNTY, acting by and through the Board of County Commissioners, hereinafter referred to as the "COUNTY ", and the JEFFERSON COUNTY FIRE DISTRICT No. 5, also known as Discovery Bay Fire and Rescue, hereinafter referred to as "FIRE DISTRICT NO. 5 ". WHEREAS, the COUNTY is committed to the general well -being and safety of the community and wishes to maintain the quality of life and safety amenities of the community through partnerships with public and private entities that can help the County achieve its goal of a high quality of life and safety for its citizens; and WHEREAS, the COUNTY is the owner of the properties identified as Tax 9 (APN 902252009) and Tax 13 (902252011), Section 25, Township 29 North, Range 2 West, W.M., further described in Exhibit "A ", attached hereto, and WHEREAS, FIRE DISTRICT NO. 5 currently occupies, maintains and operates a fire and rescue operation on the subject property and is desirous of upgrading operations and improving the current facilities as descriptively shown on attached Exhibit `B ", and WHEREAS, FIRE DISTRICT NO.5 acknowledges that in order to perform the activities as described above, that FIRE DISTRICT NO. 5 recognizes that the COUNTY requires protection of its property and further accepts the property as is; NOW THEREFORE, IT IS AGREED: 1. LICENSE FIRE DISTRICT NO. 5 shall be granted a LICENSE to use the property as described in attached Exhibit A for the purposes shown above, and those purposes only. Granting of this LICENSE is expressly conditioned on FIRE DISTRICT NO. 5 insuring that no improvements or encroachments will impact the existing rights of way and sight distances for Bentley Place and East Uncas Road North. This LICENSE shall have a term of 50 years as of the date of Board of County Commissioners approval. If the LICENSE is not renewed, expiration will be automatic. Page 1 - 6 2. COSTS AND EXPENSES FIRE DISTRICT NO. 5 shall pay all costs and expenses related to the use of the property for the purposes described above. 3. INDEMNIFICATION FIRE DISTRICT NO. 5 shall comply with all Federal, State and local laws, codes and ordinances applicable to the work to be done under this LICENSE. This LICENSE shall be interpreted and construed in accord with the laws of Washington. FIRE DISTRICT NO. 5 hereby agrees to indemnify and hold the COUNTY, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or in part from the FIRE DISTRICT NO. 5's negligence or breach of any of its obligations under this LICENSE including but not limited to, any act or omission undertaken (or not undertaken) with respect to the installation or construction of any infrastructure, structure, building or personal property at the licensed premises in accordance with Exhibit B to this license; provided that nothing herein shall require FIRE DISTRICT NO. 5 to indemnify the COUNTY and hold harmless the COUNTY, from claims demands or suits based solely upon the conduct of the COUNTY, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) FIRE DISTRICT NO. 5's agents or employees and (B) the COUNTY, its agents, officers, and employees, and involves those action covered by RCW 4.24.115, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the FIRE DISTRICT NO. 5's negligence of the FIRE DISTRICT NO. 5's agents or employees except as limited below. 4. The FIRE DISTRICT NO.5 relation to the COUNTY shall be at all times an independent LICENSEE. 5. FIRE DISTRICT NO. 5 shall obtain and keep in force during the term of the LICENSE, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. The COUNTY will be named on all certificates of insurance as an additional insured. The certificates of insurance shall cover the activities specified in or performed under this LICENSE. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Regular public liability and property damage insurance in an amount not less than a single limit of one million and 00 /000 Dollars ($1,000,000.00), two million (2,000,000.00) aggregate, for bodily injury, including death and property damage per occurrence. Page 2 -6 All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. FIRE DISTRICT NO. 5 shall submit a certificate of insurance as outlined above within 14 days of the execution of this LICENSE to the COUNTY. 6. TERMINATION This LICENSE may be terminated by the COUNTY on one hundred eighty (180) days' notice. This LICENSE shall be terminated by the COUNTY for any use by FIRE DISTRICT NO. 5 other than as described herein. 7. TRANSFER OF LICENSE This LICENSE shall not be transferrable by FIRE DISTRICT NO. 5 without the written consent of the COUNTY specifically referring to this document. 8. FIRE DISTRICT NO. 5 acknowledges that this LICENSE does not transfer, grant or convey to it any ownership interest, title or easement in real property that is the subject of this LICENSE. 9. AMENDMENTS The parties by mutual written agreement may amend or revise this LICENSE. 10. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY This LICENSE does not change title in any improvement or personal p1rvperty that is present on the licensed premises nor does it convey title in any improvement or personal property present on the premises to a different person or entity, the COUNTY or FIRE DISTRICT NO. 5. FIRE DISTRICT NO. 5 shall have sole title to any infrastructure, structure, buildings or personal property installed or constructed at the licensed premises pursuant to Exhibit B and shall retain such sole title subsequent to the termination of this LICENSE. Page 3 - 6 ACCEPTED: LICENSEE Jefferson County FIRE DISTRICT O. 5 r Title / Date APPROVED: DATED THIS DAY OF 92015 SEAL ATTEST: Carolyn Avery Deputy Clerk of the Board Page 4 -6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS David W. Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Approved as to form only on: 4 -- ) � -- 2-G) --5" Date . p[w l,/ Q� " David Alvarez Deputy Prosecuting Attorney EXHIBIT "A" Legal Description of Licensed Property TAX 9, Section 25, Township 29 North, Range 2 West, W.M Assessors Parcel No. 902252009; per Volume 84, Page 288: Beginning at a stake set on S Line of Tucker Donation Claim in Section 25 at the Intersection with the East line of County Road; Thence East on a South Line 42.8 feet more or less to Southeast corner of said Donation Claim; Thence North on East line of said claim 125 feet; Thence West 67.5 feet to a stake on edge of Road; Thence in a Southerly direction on East line of said road 127.3 feet more or less to Point of Beginning, TAX 13, Section 25, Township 29 North, Range 2 West, W.M Assessors Parcel No. 902252011; per Volume 431, Page 299, AFN 364493: Beginning at a point on the East line of the Tucker Donation Claim, 571.13 feet north of the Southeast Corner of said claim; Thence South 68 °31'West, 111.65 feet to the east boundary of the county road; Thence northerly along said County Road to a point which, on a line drawn at right angles to the first line hereof extended, would be distant 60 feet; Thence North 11'29' East parallel with the first line hereof and distant therefrom 60 feet, to the east line of the Tucker Donation Claim; Thence south along said east line to the Point of Beginning. All situate in the County of Jefferson, State of Washington. Page 5 -6 EXHIBIT B � I 1Sep't�� System» ° w o z� y V 1 11> cn M QS c 1 3 m71, P �