The URL can be used to link to this page

Home My WebLink About1994.01.13 - Chinese Gardens Pond, Operating AgreementFORT WORDEN STATE PARK CONFERENCE CENIER 2fi) Battery Way, Port Townsend, WA 98368 206-38s-4it30; FAX 2M385.7 248 To: t'rom: Subject: January 13,1994 MEMORANDUM Wayne Mclaughlin, Malager Concessions, Fort Worden Program Jim Farmer, Manag"t 6\irv.r,Fort Worden State Park \ Chinese Gardens Pond, Operating Agreement Please find attached the City of Port Townsend Resolution No. 88-66 and the Memorandum of Understanding referenced in the resolution. I have extensively searched for a conapleted (signed) copy of this agreement, to no avaiMhe attached. copy came from records in Andy Kramers office and would seem to be a copy of the original prior fo being signed by Director Tveten (note that it has been signed by Brent Shirley who was then mayor of PT). Perhaps it was never signed by Jan, the city has no better record of this than we do, they were able to provide a copy of the resolution and an unsigned copy of the MU. Note that in section 6 of the MU that a stormwater management plan was tobe developed by the City and approved by Parks to provide for use and operation of the pond by the city. The public works departurent has been controlling the level of the pond, has placed a cover over at least one ofthe deep valve access boxes, and otherwise demonstrated their desire and willingness to control the stormwater related activities at the pond. I believe they are ready and willing to enter into an agreement Please take whatever action is process back on track and resolved. necessary at headquarters to get this To my knowledge neither the MU nor the management plan have ever completed. 0 ll$,l rj pg i^IHEREAS, the Washington State Parks anddesires to purchase said property; and WHEREAS, the City desires to contributepurchase, and to continue using a portion ofstormwater treatment.pond and surge levelinghistoric levels and rates, AA "t A* Recreation Commission financialty toward theLhe Froperty for aof, sLormwater runoff at. B,*P dtJA*)J h,f1 04 N" ) 9 9RESOLUTIO}I NO. 88-66 A RESOLUTTON AUTHORIZING FINANCIAL PARTTCTPATIONfN THE PURCHASE OF PROPERTY COIUT,IONLY KNOWN AS cHrl{ESE GARDENS IN PORT TOWNSEND, WASHINGTON. WHEREAS, Mr. and ltlrs. Charles Chebuhar are the owners of cer-tain parcels of, uplands and tidelands commonly referred to as t.heChinese Gardens, adjacent to l'ort liord.en State Fark in Fort Town-send, Washington, which is hereinafter ref,erred t.o as the l'PropeEty"i and I NOW, THEREFORE, be it resolved by the City Counci.L of, the Cityof Port Townsend. thatr the Mayor be and is hereby authorized to exe-cute the attaa.hed lt{emorandum o! Un.dersta.nding between the City ofPort Townsend and Lhe Washingtsn SLate Parks and Recreation Commis-sion, providing for the City's financj.al participation in the pur-chase of the above-described Froperty, the Commiision's share Leing $750r000 and the Cityrs share being $501000. Fassed by the City Council for the City of Fort Townsend onSeptember 20, 1988, and signed by the Mayor this date. Mayor Brent reyAttest: David Grove,ity Clerk ABP trm t- dasto r,City Attorney 8t- &t{ rq, 4 MEMORANDU}I OF UNDERSTANDI.NG THIS MEMORANDUIq OE UNDERSTANDING, mad.e and. entered into this day of, ' 1988, by and bet'ween the WASHING- TON STATE pARKS AND RECREATION COMuYISSION, herej-nafter. ref,erred to as the "Conuniss.ionr" and the CITY OE PORT TOWNSEND, hereafter re- fe.rred to as the "Cit'Y. " WITNESSETH WHEREAS, Mr. and MrS. charles chebuhar are the owners af,' a cer- tain Barcel of. uplands and. tj-delands com:nonly referred to as the Chinese Gardens ad.jacent to ForL Worden State Fark, he:;ej.nafter re- f,erred to as t'he "ProBertY"; and, WHEREAS, the Cbmmission has approved. the acguisition of bhe propenty and the CiLy desires bo conbribute in the acguisition of the Property; and, WHEREAS, the purBose of, the acguisibion of, the Propenty using Commissisn and City f,unds is primari'1y fon Bark deve!Iopment and public recreatj-on.al usei and use by the CiLy for a stormwat'e; treatment pond v/ith related drainage f,acilities recogrnizing the historic use of, parb of the prope:igy f,or thi-s purBose; and, WHEREAS, the Commission and t'he City deem it; essential that'. the responsibilities of the part.ies in connecLion wit,h this acgui- sition project be set f,orth. in writing i NOIri, THEREFORE, the Barties 'heneto ag:ltee as f,ollows. 1. The Commission shall be the lead agency in acquiring the Property provid.ing sLaff, resources and. experLise in t,he acguisi- 3 I4emorandum of Understanding 2 tion project. 2. An appraisal of, Lhe FroBerty and statutory revj-ew of the apBraisal has established the f,air market value aE the ProBerty at. $800,000. The fult cosL of, acquisition f,or the FroBerty wi1l be shared by the Barti-es as follows: City $ 50,000 Commission $750 r 000 Any interest or other fj-nancing costs j-ncurred by either party in obtaining it-s share of. the f,und.ing will be borne enLirely by that Barty 3. Based upon the established fair market value r drr offer to purchase the Property shall be presented by the Commission to the owner of, the ProBe:cty. Once the offer has been accepted, the CiLy shall deposit.its shared cost f,or acquisitj-on of, $50,000 into an escrow identified, by the Commission for t.he .closing of the pur- chase of the ProBe,rt.y. Att expenses incurr.ed for closing. and titte insurance in the project above the $S00,000 acquisition eostb shall be borne by the Commission as j.ts sole expense 4. .A,11 lands acquired shall be in f,ee and t,he Stat.utory War- ranty Deed shall name the Washington State Farks and Recreation Commi.ssion as the Grantee 5. The Commj.ssion shall allow t.he continued use by the City of, a pond located on the Property f.or surge leveling of, storm- water runof,f at historic levels and rates whiah extend to approxi- matefy 55 surf,ace acres at maximum. The City shall comply with all aBBlicable local, state and .{ Memorandum of, Understandinq 3 €ederal laws in connection with the use, maintenance and continued operat..ion of, the pond f,or stormwater runoff. The City wil] not. be resBonsible for stormwater runof,f originat,ing f,rom this or adjoin- r.ng property of the Commission. The Commission wi.lI noL construct any strueture uBon bhe site t,hat might in.tenf,e:ce with the City's continued use of, t,he Bond Ear stormwater runof,f, f,or surge leveling t,o the approximate 56 surface actre level. 6. A stormwater management.Blan shall be developed by the City and approved b1r the Commission following acquisition to pro- vid.e for the use and operation of the pond and.related. drainage structures by the City for stormwater runof,f purposes. 7. This Memorandum of .Understanding wilI remain j.n effect untit supersed.ed by a Cooperative AgreemenL or until the offer to purchase the Fropenty is rejected by the o\,tners. The parties will negotiate in good faith ts enter into a Coopetative Agreement to carry out t,he purposes of this joint purchase. 8. The signatories below concur wit,h the provisions of this Memoran.dum of, Understanding an.d, agree to work on a cooperative basis toward achj-eving, the goals sei f,ort.h herein. CXTY O.E PORT TOWNSEND WA,SHINGTOIII STATE PARKS AND RECREATION COM]4ISSION B Brent S Mayor ir ley Jan TvetenDirector