HomeMy WebLinkAboutPermitPAG -04-006
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is between the Planning/Building/Public Works Department
operating in its utility function (Utility) and the Community Services Department operating in its
parks function (Parks).
1. The Utility owns two parcels off SE Union Avenue, parcel number 1623059020
of 2.59 acres and parcel number 1623059053 of 2.41 acres, for a total parcel size
of 5 acres.
2. The two parcels described in the prior paragraph are immediately adjacent to
Parks property. The Utility has no current operating need for this property, but is
holding it for future utility purposes.
3. Parks wants to combine the 5 -acre parcel held by the Utility with its own parcel
of 4.18 acres and operate the entirety as a park. The utility has a current need to
maintain its property while it is holding it for future utility purposes.
4. The Utility property may be able to be used for the utility purpose while still
being used for a park purpose.
Based upon the foregoing facts, Parks and the Utility enter into the following agreement:
The Utility will allow Parks to utilize the surface of the Utility parcel, mentioned
above, for park purposes until the time that the Utility has a purpose for the
parcel.
2. No permanent buildings or structures shall be constructed by Parks on the Utility
parcel unless specifically approved by the Utility, in writing.
When the Utility needs to use its property, the Utility and Parks will negotiate to
try and accommodate the park use on the Utility property, to the extent that it is
reasonably practicable. Parks will compensate the Utility for additional costs
incurred as a result of accommodating the park use on the Utility parcel
including, but not limited to, planning, design and construction.
4. If negotiations fail to determine a reasonable accommodation of the park use on
the Utility parcel, then Parks will vacate its use and remove its improvements to
the extent necessary to return the property to its state prior to this agreement.
Should the Utility determine that it wishes to dispose of this property, then, as
required by City Policy and state law, the Utility must offer the property to
internal City departments. The Parks Department shall have the first right of
refusal to purchase the property at its fair market value.
In consideration of the use of this property by Parks, Parks shall provide the
following to the Utility:
a. In lieu of any annual payment, Parks shall maintain the Utility property in an
acceptable condition to the Utility, at Parks sole cost and expense.
PAG -04-006
b. The Utility may conduct maintenance or improvements within the existing
envelope of utility facilities on park property (including, but not limited to,
above -ground and below -ground structures and appurtenances) at any utility
facility in Parks properties without any mitigation requirement placed on
these projects by Parks. The Utility shall restore all park property to equal or
better condition than before the project. The Utility will negotiate with Parks
to determine the location and schedule for these projects to keep impacts to
the park use during construction and operation of the Utility facility to an
absolute minimum.
c. Occasionally, the Utility needs to make improvements, add facilities, and
maintain facilities on Utility owned parcels that accommodate a park use.
Parks will be notified early in the design phase of such projects and the
Utility will negotiate with Parks to best accommodate the park use. If
accommodation of the park use causes an increase in the cost of the Utility
project (either in design, construction, or schedule delays), then Parks will
compensate the Utility for cost increases attributed to the accommodation of
the park use.
7. When the Utility decides to utilize its property, it will give Parks at least 120 days notice
of its intent to use its property and begin negotiations on how that use will be
accomplished and to what extent and at what cost, the park use can be accommodated on
the Utility property. Any agreement by the Utility and Parks shall be reduced to writing
as an amendment to or substitution for this agreement.
Dated this 4 71� day of .2004
Dennis Culp
Administrator,
Community Services
cc: Lys Hornsby
Leslie Betlach
Or4i e n
Admini r o ,
Planning/Building/Public Works
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