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Home My WebLink AboutContract CAG-12-044 Memorandum of Understanding By and Between The City of Renton and Renton School District No.403 This Memorandum of Understanding ("MOU") is intended to memorialize an agreement in principle reached as of this—day of March, 2012, by and between the Renton School District, a municipal corporation of the State of Washington, hereinafter referred to as "District", and the City of Renton, a non-charter code city under RCW 35A.02, and municipal corporation of the State of Washington, hereinafter referred to as"City". Recitals WHEREAS, the City and the District are authorized, pursuant to RCW 39.34, to enter into interlocal cooperative agreements; WHEREAS, the District owns real property located in the City of Renton, identified and described in Exhibit A-1 (the"School District Property")which is fully incorporated by reference to this MOU; WHEREAS, the District plans to make improvements to the School District Property for the District's educational programs, such as the Early Childhood/Special Education Preschool program, Head Start and the Early Childhood Education and Assistance Program; WHEREAS, the proposed improvements include twenty-two (22) classrooms with associated workrooms and storage areas, a multi-purpose room, a kitchen, conference rooms, maintenance rooms and support offices; WHEREAS, there will be approximately 450 students and approximately 75 staff in the new facility which will be called the Early Childhood Learning Center (the "BCLC"), which is expected to open in the Fall of 2013; WHEREAS, in further support of the District's educational programs, the District intends to develop a new inclusive playground immediately to the south of the new building; WHEREAS, the City owns real property, commonly known as North Highlands Park,to the east of and adjacent to the School District Property, identified and described in Exhibit A-2 (the"City Property"), which is fully incorporated by reference to this MOU; WHEREAS, the City, at the North Highlands Park recreational facility, provides its citizens diverse recreational programs and activities including preschool, youth, teen, and adult leisure programs; youth, teen, and adult athletics; fitness and wellness programs; outdoor recreational opportunities; cultural arts programs, and programs designed to provide social and recreational opportunities for senior citizens and those with special needs; 3 20 1 2-0800/LEG A L22305733.2 WHEREAS, to further serve these recreational and municipal purposes, the City desires to participate with the District in the development of a new inclusive playground; WHEREAS, in order to more efficiently and effectively utilize their respective resources, the parties agree to cooperate in the design, construction, operation, maintenance, and use of a new inclusive playground to be constructed in connection with the construction of the ECLC and sited on a portion of the School District Property and a portion of the City Property. A conceptual drawing and general description of the new inclusive playground is identified and described in Exhibit A-3 (the"Inclusive Playground"), which is fully incorporated by reference to this MOU; and WHEREAS, the City and the District have now, each in their sole judgment, arrived at a framework of basic terms upon which to base an interlocal agreement, consistent with Ch. 39.34 RCW(the "Interlocal Agreement"), and desire to set forth these terms in writing. NOW THEREFORE,the parties agree as follows: A. Basic Terms I. Purpose and Project Definition. The primary purpose of the Interlocal Agreement will be to provide a cost-sharing and use arrangement between the District and the City to facilitate the design, construction, operation,maintenance and shared use of the Inclusive Playground. 2. Contract Administrator. Pursuant to RCW 39.34.030(4)(a), the District and the City will appoint the District's Facilities Operations and Maintenance Executive Director and the City's Parks Planning and Natural Resources Director or appointed designee, to serve as the Contract Co-Administrators who will be responsible for administering the Interlocal Agreement. 3. Real and Personal Property. The Inclusive Playground will be located on both the School District Property and the City Property. The Interlocal Agreement will neither transfer ownership or control of any interest in either the School District Property or the City Property nor limit the District's ability to comply with its statutory obligations regarding the use and disposition of school property pursuant to Ch. 28A.335 RCW. 4. Design and Construction Obligations. The District will prepare the initial design of the Inclusive Playground for the City's approval, which will not be unreasonably withheld, conditioned, or delayed. The City is not required or obligated to agree to the District's initial design or any subsequent designs. All work in connection with the Inclusive Playground will be included as part of the construction of the ECLC based on the approved design and in accordance with all applicable laws, including, but not limited to, Ch. 39.04 RCW, Ch. 28A.335 RCW, and Title 35 RCW. Actual costs to be incurred by the parties will be determined in accordance with the parties' respective cost-sharing responsibilities as set in the Interlocal Agreement. 5. Temporary Construction Area. Throughout the period of construction of the ECLC, the City will provide a portion of the City Property, to be more particularly described in the 32012-0800/LEGAL 22305733:2 I Interlocal Agreement, free of charge, for access, parking, and staging purposes (the "Temporary Construction Area"). The District will be permitted to make improvements to the Temporary Construction Area and, upon completion of construction of the ECLC, all such improvements shall be removed and the Temporary Construction Area shall be returned to its original or better condition by the District, subject to the City's satisfaction. B. General Provisions 1. Expenses. Each party shall be solely responsible for paying their fees and expenses for their respective legal counsel and advisors in connection with the negotiation of the Interlocal Agreement. 2. Law. The parties agree that this MOU and the Interlocal Agreement, if executed, shall be governed in all respects by Washington law. 3. Intent. This MOU is a non-binding letter of intent, made for purposes of discussion and negotiation only, and is not intended by the parties to constitute an offer or acceptance of any provision hereof nor to give rise to any binding obligations between them. Any party, in its sole discretion, with or without cause, may terminate negotiations at any time without incurring any obligation or liability whatsoever to the other party. IN WITNESS WHEREOF,the parties have entered this MOU as of the date first set forth above. THE DISTRICT: THE CITY: The Renton School District No.403, The City of Renton, a Washington municipal cor oratio ashin to municipal cor atio BY By: Name: Name: Denis Law, Mayor Its: SWA,-1,77 4-d°d T ATTEST �CZ Bonnie I . Walton, City Clerk Date: a� 1-2-01.1— Date: 1'YIq��I( �S o?O/ - 32012-0800/LEGAL22305733? xj'°''' � 't `1k` •d Y Exhibit A-1 The School District Property Parcel I: Tract A, Block 5, Renton Highlands No.2, Corrected Plat recorded in Volume 57 of Plats,Pages 92 to 98,inclusive,records of King County,Washington,LESS that portion lying Easterly of a line beginning at the Northwest corner of Tract B of said plat;thence North 04°41'00 East to the Northerly line of Tract A. Parcel II: Tract C,Block 5, Renton Highlands No. 2,Corrected Plat recorded in Volume 57 of Plats,Pages 92 to 98, inclusive,records of King County, Washington, LESS that portion lying Easterly of a line beginning at the Northwest corner of Tract B of said plat;thence North 04°41'00 East to the Northerly line of Tract C. 32012-08001LEGAL22305733.2 Exhibit A-2 The City Property Renton Highlands No. 2,Corrected Plat Less Northerly 60 Feet, situate in King County, Washington. 32012-0800lLEG A L22305733.2 Exhibit A-3 The Inclusive Playground [Attach conceptual drawing and general description of the new inclusive playground] 32012-0800/LEGA L22305733.2 Exhibit A-3 The Inclusive Playground I i' 5 'YY Y4'kt�+ E, �y !i F The inclusive playground is a joint project proposed by the Renton School District and the City of Renton. It will serve the district's Early Childhood Learning Center and the City's residents. The playground is being designed to be inclusive and accessible for children and people with a wide range of physical and developmental abilities. The goal of improving cognitive and motor play skills complements the district's early learning center programs and Renton's playground needs. The playground will enable everyone, regardless of development ability,to play,socialize and learn side by side in a unique and challenging setting. Community support is strong with major funding committments from service organizations, local businesses and institutions. 32012=080/j,,tKGAL."2305733.2