HomeMy WebLinkAboutContractMOUEastrail MOU between KC and COR (approved) 1
MEMORANDUM OF UNDERSTANDING
BETWEEN KING COUNTY AND THE CITY OF RENTON
REGARDING COMMITMENTS IN SUPPORT OF PROPERTY ACQUISITION AND
TRAIL DEVELOPMENT TO EXTEND THE EASTRAIL TRAIL BETWEEN MILEPOST
5.0 AND THE SOUTHERN ENTRANCE TO COULON PARK IN RENTON
This Memorandum of Understanding Between King County and the City of
Renton Regarding Commitment to Support Property Acquisition and Trail Development
to Extend the Eastrail Trail Between Milepost 5.0 and the Southern Entrance to Coulon
Park in Renton (“MOU”), effective as of the date of the latest signature below (the
“Execution Date”), is entered into by KING COUNTY, a home rule charter county and
political subdivision of the State of Washington, by and through its Department of
Natural Resources and Parks, (the “County”) and the CITY OF RENTON, a Washington
municipal corporation (the “City”) (each individually a “Party” and, together, the
“Parties”).
RECITALS
A. Eastrail is a railbanked corridor extending from the City of Renton in south-central King
County to the City of Snohomish in east-central Snohomish County, with an additional
corridor segment extending from the City of Woodinville to the City of Redmond in
north King County. The Eastrail corridor was acquired and is being developed to serve
as a key element of trail, transit, and utility networks on the eastside of King County.
B. The County owns approximately 16 miles of the Eastrail corridor. The County’s
current Eastrail ownership area ends at Milepost 5.0 based on the rail corridor track
charts developed during the time period of active rail use (as shown in Exhibit A,
attached to this MOU and incorporated by reference). This endpoint is located near
the north end of Coulon Park and marks the beginning of the active rail corridor area
extending to the south and currently owned by the Burlington Northern Santa Fe
railway company (“BNSF”). Since completing its initial acquisition of rail corridor
property up to Milepost 5.0 for development of Eastrail, the County has sought to
acquire additional corridor property from BNSF to extend Eastrail south to the south
entrance of Coulon Park (as depicted in Exhibit B, attached to this MOU and
incorporated by reference).
C. The County intends to construct a regional trail consistent with adopted regional trail
standards and the Eastrail Master Plan in the County’s Eastrail ownership (as
described in Exhibit C, attached to this MOU and incorporated by reference). The final
regional trail design will consider existing onsite conditions, constraints, and City input.
If the County is successful in acquiring the property described above, the County
intends to develop a trail connection between Milepost 5 and the main entry to Gene
Coulon Park.
D. The County is currently negotiating with BNSF to complete an acquisition that would
support this extension of Eastrail. The County seeks to take necessary action to
support expeditiously completing these negotiations and securing property rights and
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railbanking on the subject land area in support of this trail extension. The County
considers the execution of this MOU to be such an action.
E. The Eastrail trail facility the County envisions constructing and operating in the
desired acquisition area will be located on land directly adjacent to the City’s
ownership area for Coulon Park. This trail facility area also likely overlaps with
corridor land area where the City has previously acquired property interest(s) from
BNSF, as well as the locations of physical features that the City has constructed or
installed including, for example, a fence and a number of trees, and potentially other
physical features. These circumstances encourage an ongoing close and
constructive working relationship between the County and the City.
F. The 2024 King County Comprehensive Plan’s Appendix C2 Regional Trail Needs
Report, which identifies the County’s long-range vision of trail development, includes
this trail segment (noted as ETR-CO) as a top priority for development.
G. The 2024 King County Comprehensive Plan includes policy P-111, which addresses
Eastrail trail development:
P-111 King County shall develop Eastrail in coordination with the other trail
owners, other jurisdictions, local and state agencies, utilities with property
interests, and nonprofit and private partners to enhance regional recreation and
mobility and connectivity between regional growth centers, urban communities,
other regional trails, and local and high-capacity transit, consistent with a
commitment to dual use (recreational trail and public transportation), and
consistent with federal railbanking. The trail corridor shall include high-quality
landscaping and environmental features, where appropriate, to enhance the trail
experience and to provide ecological benefits to the region.
H. The City’s 2024 Comprehensive Plan includes several policies that seek to advance
development of the transportation and non-motorized mobility system within the City,
including the following policy which aligns directly with the goal of developing this
Eastrail trail extension:
Policy SH-42: Rail lines within the shoreline should provide opportunities for
public access and circulation:
1. The rail line along the east shore of Lake Washington should be reserved
for use as a public trail if rail use ceases. If rail use continues, joint trail and
rail use should be explored.
2. Rail lines adjacent to the Green River should provide means for public
access across the rail lines to access shorelines and public trails where this
can be accomplished safely through bridges or undercrossings.
I. The 2019 Renton Trails and Bicycle Master Plan identify the Eastside Rail Corridor
[now referred to as Eastrail] as a Tier 1 – Highest Priority project, ranking as the fifth
highest priority project out of a total of 80 proposed bicycle and trail facility projects
across the City.
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J. The County and the City recognize that the development of an extension of the
Eastrail trail in the land area that is the subject of the current acquisition negotiations
between the County and BNSF is expected to have implications for City-owned
property interests and physical features within or in close proximity to the subject land
area. With this shared recognition, between approximately 2020 and today the
County and the City have been in good faith discussions addressing the potential
development of a trail facility within this land area. These discussions continue to
emphasize and foster a cooperative approach to identifying opportunities and
challenges originating from the potential Eastrail trail extension project. This MOU
is intended to affirm and build on this well-established collaborative approach.
NOW THEREFORE, in consideration of mutual promises and covenants
contained herein, the Parties hereby agree to the terms and conditions as follows:
1. PURPOSE. The purpose of this MOU is to timely establish commitments by the
County and the City in support of the development and completion of a project by the
County to extend the Eastrail trail corridor to the south entrance of Coulon Park in
Renton (the “Project”). This MOU is needed to contribute to a strong foundation for
completing the acquisition by the County from BNSF of current railroad corridor area
adjacent to and potentially overlapping with City-owned property interests in or
adjacent to Coulon Park and subsequently developing and operating a regional trail
facility in the acquired area.
2. COOPERATION AND GOOD FAITH EFFORTS.
2.1. The Parties acknowledge and agree that the recitals of this MOU are incorporated
herein for all purposes.
2.2. The Parties agree to work cooperatively with each other to achieve the mutually
agreeable goals as set forth in Section 1: Purpose of this MOU. This MOU reflects
the mutual understandings of the Parties hereto.
2.3. The Parties understand and agree that the process described in this MOU
depends upon timely and open communication and cooperation between the
parties. In this regard, communication of issues, changes, or problems that arise
with any aspect of the performance of terms of this MOU should occur as early as
possible in the process. Each Party agrees to work cooperatively and in good
faith toward resolution of any such issues in a manner that ensures adequate time
for each Party to work through issues.
2.4. The Parties acknowledge that this MOU contemplates future work to be performed
and the execution and delivery of a number of future documents, instruments, and
permits, the final form and contents of which are not presently determined. The
Parties agree to provide the necessary resources and to work in good faith to
diligently and timely develop the final form and contents (which shall be consistent
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with the terms and spirit of this MOU) of such documents, instruments, and
permits. The Parties shall work to expeditiously answer requests for information
and to provide approvals or consents provided for in this MOU. The Parties intend
to actively participate and to work together collaboratively, in good faith and with
due diligence, to execute the documents referenced herein and to accomplish the
other matters described herein. This MOU reflects the mutual understandings of
the Parties hereto and are subject to review and modification as the Parties move
forward with their discussions.
2.5. Upon execution of this MOU and taking into account the status at the time of the
property acquisition negotiations between the County and BNSF, the County and
the City will promptly schedule a meeting for the purpose of creating a staffing
plan, reviewing each agency’s roles and responsibilities, and setting the
anticipated timing of key milestones for coordinating internal review between the
County and the City and the City’s permitting agencies as applicable.
3. ROLES AND RESPONSIBILITIES. To achieve the Parties’ mutual desires, the
Parties agree to the following roles and responsibilities. These roles and
responsibilities can be amended by agreement of the Parties:
3.1. COUNTY ROLES AND RESPONSIBILITIES.
3.1.1. Property Information: Obtain title reports, implement a professional land
survey of the relevant land area, and conduct other necessary property
research. King County will share title reports and other property information
with the City to facilitate the City’s review and verification of its rights in the real
property King County intends to acquire.
3.1.2. Acquisition: Negotiate and execute a property acquisition agreement with
BNSF securing the property rights and railbanking necessary to support the
Project.
3.1.3. Development of the Project Design: Lead effort to develop planning level
design including contracting with an appropriate consultant to perform planning
and/or engineering of conceptual layouts (including proposed trail alignment,
property information, and existing assets and other items of interest to one or
more Parties). Design may include multiple rounds of conceptual development
and to conclude with selection of one preferred alternative. This analysis may,
at the Parties’ discretion, include exploring opportunities to utilize City-owned,
County-owned, or privately-owned real property near the Project site that is
suitable for a temporary construction easement to accommodate construction
staging for the Project in order to reduce costs and avoid impacts including, for
example, traffic disruption. King County will communicate Project Design
status and design plans to the City upon certain mutually agreed milestones,
but no less frequently than every 90 days beginning on the date of full
execution of this MOU.
3.1.4. Outreach: Lead project-specific outreach to interested and affected parties.
This includes developing a communications plan that guides key elements of
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the outreach effort, coordination with the City, and engagement of any
additional entities that can support effective project outreach.
3.2. CITY ROLES AND RESPONSIBILITIES.
3.2.1. Property Information: Verify the City’s property rights relevant to the land
area required for the delivery of the Project.
3.2.2. Acquisition: The City will work in good faith with King County to provide
information necessary to facilitate King County’s acquisition of BNSF
property. Nothing in this MOU will be construed as an obligation on the part
of the City to convey, release, waive, relinquish or terminate City interests in
BNSF property. Any such transaction must be separately negotiated and
authorized by Renton City Council, and should such a transaction become
an element of the Project the City will make the County aware of any effects
of securing such Council approval on achieving the purpose of this MOU.
3.3. JOINT RESPONSIBILITIES
3.3.1. Development of the Project Design: Participate in a collaborative design
process that includes proactively and timely identifying and resolving design
challenges to the Project and produces a planning-level design of the Project.
At the agreement of the Parties this process may encompass the
consideration of factors including planning requirements, permitting,
construction, mitigation and others that may significantly influence the design
and ultimate delivery of a trail within the acquired corridor.
3.3.2. Tree Protection: The Parties agree to use all reasonable measures to avoid
impacts to a row of healthy, mature trees along the Coulon Park Access Road
considered iconic to Gene Coulon Memorial Beach Park and which are integral
to climate conservation and tree canopy coverage within the urban growth
area.
3.4. COMPLIANCE WITH THIS MOU: If one Party believes the other Party has failed
to comply with its roles and responsibilities as described in this MOU, then the
first Party shall immediately notify the other Party using the contact information
in Section 7 below. The Parties agree that after such a notification, they will
work together to resolve the situation pursuant to Section 6 below.
4. TERM AND TERMINATION. This MOU becomes effective as of the Execution Date
and remains in full force and effect for five years from the Execution Date unless
explicitly terminated, in writing, by either Party. The County will provide periodic
updates to the City, concurrent with the design updates set forth in Section 3.1.3 or
at intervals no greater than every six months, regarding (a) the status of the County’s
acquisition of property rights from BNSF or (b) progress on requested railbanking
with the Surface Transportation Board. This MOU can be extended by agreement
in writing by the Parties. If the County is unable to obtain the necessary real property
or property rights from BNSF, or if the railbanking procedures with the Surface
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Transportation Board are unsuccessful, either party may terminate this MOU and the
Parties will have no further obligations based on this MOU.
5. INDEMNITY AND HOLD HARMLESS. To the extent permitted by law, and for the
limited purposes set forth in this MOU, each Party shall protect, defend, indemnify,
and hold harmless the other Party, their officers, officials, agents, and employees,
while acting within the scope of their duties as such, from and against any and all
claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or
losses of any kind or nature whatsoever) arising out of or in any way resulting from
such Party’s own negligent acts or omissions related to performance of this MOU.
Each Party agrees that it is fully responsible for the acts and omissions of its own
contractors and franchisees, and their employees and agents, acting in the scope of
their employment as such, as it is for the acts and omissions of its own employees
and agents. Each Party agrees that its obligations under this section extend to any
claim, demand, and/or cause of action brought by or on behalf of any of its
employees or agents. For this purpose, each Party, by mutual negotiation, hereby
waives, with respect to the other Party only, any immunity that would otherwise be
available against such claims under the industrial insurance act provision of Title 51
RCW. This section shall survive the termination or expiration of this MOU.
6. DISPUTE RESOLUTION.
6.1. The Parties agree to collaborate in good faith to timely identify and implement
solutions for challenges that may emerge over time with planning for the Project
6.2. In the event that a more formal and structured approach to resolving such
challenges related to this MOU is needed, the Parties agree to engage in the
following dispute escalation process:
6.2.1. Level One – King County's Designated Representative and The City of
Renton’s Designated Representative shall meet to discuss and attempt to
resolve the dispute in a timely manner. If they cannot resolve the dispute
within fourteen (14) calendar days after referral of that dispute to Level One,
either party may refer the dispute to Level Two.
6.2.2. Level Two – King County's Director of the Department of Natural
Resources and Parks, or Designee and The City of Renton’s City Manager,
or Designee shall meet to discuss and attempt to resolve the dispute, in a
timely manner. If they cannot resolve the dispute within fourteen (14)
business days after referral of that dispute to Level Two, either party may
refer the dispute to Level Three.
6.2.3. Level Three – King County's Director of the Department of Natural
Resources and Parks and King County's Executive or Designee and the City
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of Renton’s City Manager and Mayor or their Designees shall meet to discuss
and attempt to resolve the dispute in a timely manner.
6.3. Except as otherwise specified in this MOU, in the event the dispute is not
resolved at Level Three within fourteen (14) calendar days after referral of that
dispute to Level Three, the Parties are free to file suit, seek any available legal
remedy, or agree to alternative dispute resolution methods such as mediation or
arbitration. At all times prior to resolution of the dispute, the Parties shall
continue to perform any undisputed obligations under this Agreement in the
same manner and under the same terms as existed prior to the dispute.
Notwithstanding anything in this Agreement to the contrary, neither Party has an
obligation to agree to refer the dispute to mediation nor other form of dispute
resolution following completion of Level Three of the process described herein.
Such agreement may be withheld for any reason or no reason
7. COMMUNICATIONS AND NOTICE. Unless expressly otherwise agreed between
the Parties, communications and notices between the parties shall be addressed as
follows:
King County
David St. John
Environmental Affairs Officer
Director’s Office
Department of Natural Resources and Parks
206-477-4517
David.st.john@kingcounty.gov
City of Renton
Jason Lederer
Parks Planning Manager
425-430-6547
jlederer@rentonwa.gov
Either Party may, from time to time, update the designated representatives, notice
addresses, and contact information contained herein by giving written notice of same
to the other Party, but in no event shall notice be required to be delivered to more
than one address. Should the Parties agree to fund or subsidize, under a separate
agreement, a dedicated trails liaison position within the City using levy funds
supporting the Renton Regional Trails Hub, that person will become the contact
person.
8. GENERAL PROVISIONS
8.1. This MOU and attached Exhibits may be amended in writing upon agreement
of the Parties.
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8.2. No joint venture or partnership is formed as a result of this MOU. No
employees, agents, or subcontractors of one Party shall be deemed, or
represent themselves to be, employees of the other Party.
8.3. This MOU shall be considered for all purposes as prepared by the joint efforts of
the Parties with respective legal counsel and no presumption or rule that
ambiguity shall be construed against the Party drafting the document shall apply
to the interpretation or reinforcement of this MOU. The Parties intend this MOU
to be interpreted to the full extent authorized by applicable law.
8.4. Each Party shall be responsible for its own costs, including legal fees, incurred
in negotiating or finalizing this MOU unless otherwise agreed in writing by the
Parties.
8.5. This MOU shall be interpreted, construed, and enforced in accordance with the
laws of the State of Washington. Venue for any action under this MOU shall be
King County, Washington.
8.6. Time is of the essence in every provision of this MOU. Unless otherwise set
forth in this MOU, the reference to “days” shall mean calendar days. If any time
for action occurs on a weekend or legal holiday, then the time period shall be
extended automatically to the next business day.
8.7. This MOU constitutes the entire agreement of the Parties with respect to the
subject matters of this MOU and supersedes any and all prior negotiations (oral
and written), understandings, and agreements with respect hereto.
8.8. Section headings are intended as information only and shall not be construed
with the substance of the section they caption.
8.9. In construction of this MOU, words used in the singular shall include the plural
and the plural the singular, and “or” is used in the inclusive sense, in all cases
where such meanings would be appropriate.
8.10. This MOU may be executed in more than one counterpart, each of which shall
be deemed an original, but both of which together shall constitute one and the
same instrument.
8.11. This MOU may be electronically signed, and any electronic signature
appearing on this MOU shall be the same as handwritten signatures for the
purposes of validity, enforceability, and admissibility.
9. EXHIBITS. The following exhibits described herein and attached hereto are fully
incorporated into this MOU by this reference:
A. Project Location Map
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B. Acquisition and Trail Development Area Map (MP 5.0 to southern park
entrance)
C. King County Regional Trail Typical Section
IN WITNESS WHEREOF, each Party has executed this MOU by having its authorized
representative affix his/her name and signature in the appropriate space below:
KING COUNTY:
Signature
Print Name
Title
Date
CITY OF RENTON:
Signature
Print Name
Title
Date
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MOU EXHIBIT A
Project Location Map
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MOU EXHIBIT B
Acquisition and Trail Development Area Map (MP 5.0 to southern park
entrance)
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MOU EXHIBIT C
King County Regional Trail Typical Section
[PLACEHOLDER FOR REVIEW DRAFT]
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