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14-135 Spokane River Centennial Trail Interagency Cooperative Agreement Spokane River Centennial Trail Interagency Cooperative Agreement Washington State Parks and Recreation Commission City of Spokane Spokane County City of Spokane Valley Page 1 of 23 5.415) THIS AGREEMENT,is made and entered this day of ., 2014, by and between SPOKANE COUNTY, a political subdivision of the State o ashington, having offices for the transaction of business at West 1116 Broadway Avenue, Spokane, Washington, 99260 ("COUNTY") and the City of Spokane, a municipal corporation of the State of Washington, having offices for the transaction of business at 808 West Spokane Fall Boulevard, Spokane Washington 99201 ("CITY"), the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 11707 E Sprague Avenue, Spokane Valley, WA 99206 ("SPOKANE VALLEY"), and Washington State Parks and Recreation Commission, having offices for the transaction of business at 1111 Israel Road, P.O. Box 42650, Olympia, WA 98504 ("COMMISSION"). Collectively, the COUNTY, CITY, SPOKANE VALLEY and the COMMISSION are referred to as the "PARTIES." WITNESSETH: WHEREAS, the PARTIES are owners of land within the Spokane River Centennial Trail ("Trail") corridor as described in Section 3 of this Agreement; and WHEREAS, the Spokane River corridor is ecologically important, has significant potential for interpretive purposes, provides outstanding scenic beauty, tranquil surroundings and valuable historic and prehistoric features, is uniquely held in public ownership for the more than 39 miles of its length, is the common thread that links governments, communities and neighborhoods together, and has, for many thousands of years, been the corridor for commerce in the area and provides significant recreational opportunities; and WHEREAS,the PARTIES desire to provide for the development and operation of a multi- purpose trail system within the intent and authority of RCW 79A.05.030 and RCW 39.34.030 (2); and WHEREAS,the PARTIES agree that the primary development objective should be to preserve the river environment and provide facilities for public access, recreation, education and ecological and historic interpretation; and Page 2 of 23 WHEREAS,the COMMISSION is authorized under RCW 79A.05.030 and RCW 39.34.030 (2)to cooperate with the COUNTY, SPOKANE and SPOKANE VALLEY in accomplishing the program herein referred to and to enter into this Agreement to that end; and WHEREAS, the COMMISSION at its May 19, 1989 meeting authorized the Director or designee to enter into a long-term cooperative agreement with multiple governmental entities for the development and operation of the Spokane River Centennial Trail corridor(Trail); and WHEREAS,the PARTIES agree that the Trail can most advantageously be managed by the Commission with shared operation,maintenance and law enforcement responsibilities; NOW THEREFORE, in consideration of the mutual benefits to be derived, the PARTIES hereby agree as follows: Section 1: Term The term of the Agreement shall be for 20 years commencing on the date last below written. This Agreement may be renewed in 10-year increments upon expiration of the original 20-year term by mutual agreement of the parties. The COMMISSION will be given the first right to renew the Agreement before any other party is given the opportunity to manage the Trail under agreement with the COUNTY, SPOKANE and SPOKANE VALLEY. Section 2: Development and Management (a) All development and management of the Trail shall be the responsibility of the COMMISSION, unless otherwise provided herein, and the COMMISSION shall be the lead agency in preparing future development plans. Operation, including maintenance and law enforcement, shall be as set forth in Exhibit 1 - Management Plan ("Management Plan"), which Page 3 of 23 is attached hereto and incorporated herein by this reference. Each jurisdiction shall be responsible for all costs related to providing ordinary Trail operation, maintenance and law enforcement activities as outlined in the Management Plan. In the event of a capital repair or project (a project that falls outside of the parameters of ordinary maintenance as outlined within Exhibit 1 - Management Plan and/or exceeds $25,000 to complete), the underlying property owner or lease holder shall assume full responsibility (financially and otherwise) for project completion, barring any other agreements in place that may otherwise supersede. (b) In the event of a capital repair or project impacting the Trail and/or associated buffer lands, the responsible party may elect to petition the other parties for evaluation of opportunities for cooperative funding in accordance with Exhibit 2 — Trail Maintenance Fund ("Maintenance Fund") which is attached hereto and incorporated herein by this reference. Construction, alteration or repair to the trail that is paid for in part or in whole from the Maintenance Fund will require the unanimous approval of all Parties. Parties will also agree to which entity will be responsible for carrying out the work including planning, permitting, contracting, spending, and the liability associated with such activities. No such work will begin without the written approval of theplans byall Parties. Written approval can be in letter form or electronically by e- mail.Pp pp In the event of an emergency requiring immediate action to protect persons or property, the Parties may call a special meeting or communicate by phone or e-mail to approve emergency spending. All construction or reconstruction must comply with applicable state and local laws. In the absence of cooperative funding, the responsibility for capital repairs shall fall to the underlying land owner or lease holder for the section of Trail in need of repair. The Parties shall meet every three years for the life of this Agreement to review the capital funding threshold (currently at $25,000—which is presently the state threshold for capital funding). Page 4 of 23 Section 3: Coordinating Council A Coordinating Council comprised of one (1)representative of each of the PARTIES, as well as a non-voting representative of the Friends of the Centennial Trail, shall be established to carry out all its responsibilities as outlined in the Management Plan and Maintenance Fund. The Coordinating Council representative from each party to this Agreement shall be as follows: • Washington State Parks: Riverside State Park Manager or Designee • Spokane County: Parks, Recreation& Golf Director or Designee • Spokane: Parks and Recreation Director or Designee • Spokane Valley: Parks and Recreation Director or Designee • Friends of The Centennial Trail (non-voting): Executive Director or Designee Each representative shall have responsibility for disseminating information to other individuals and parties in his/her group and for coordinating matters for the administrative working group. The designated representative shall have the authority to vote on fund spending priorities on behalf of the organization they represent. Section 4: Areas of Jurisdiction i. The COMMISSION is primarily responsible for management of the entire 39 mile length of the Trail and maintenance and law enforcement on or within the Trail corridor and adjacent buffer lands within Riverside State Park from Nine Mile Recreation Area to the TJ Meenach Bridge. The COMMISSION is not precluded, however, from conducting maintenance or law enforcement on the entire Trail corridor and buffer lands to protect safety and recreation on the Trail, including those areas where the COMMISSION is the Page 5 of 23 underlying property owner but another jurisdiction is responsible for management, maintenance and law enforcement per this Agreement. ii. SPOKANE is responsible for the management of adjacent CITY-owned or leased buffer lands and maintenance and law enforcement on or within the Trail corridor located within the existing and future municipal boundaries of SPOKANE from the south end of the TJ Meenach Bridge to Centennial Trail Mile Marker 16 near"Boulder Beach"beyond the eastern municipal boundary of SPOKANE. iii. The COUNTY is responsible for management of adjacent COUNTY-owned or leased buffer lands and maintenance and law enforcement on or within the Trail corridor from Centennial Trail Mile Marker 16 near"Boulder Beach"to the Idaho border minus any portion of the trail corridor and adjacent buffer lands that are located in SPOKANE VALLEY'S municipal boundaries (current and future)—and minus any other portions of the Trail corridor and adjacent buffer lands in this stretch that become located within an existing or future city(s)municipal limits (i.e. annexation, incorporation). iv. SPOKANE VALLEY is responsible for management of adjacent city-owned or leased buffer lands and maintenance and law enforcement on or within the Trail corridor within its municipal boundaries (current and future). Section 5: Rules and Regulations The Trail is to be managed consistent with the provisions of chapter 79A.05 RCW and the rules and regulations adopted thereunder, unless otherwise exempted by the Director or COMMISSION. Page 6 of 23 Section 6: Permits Development and maintenance along the trail corridor shall be done in full possession of all necessary permits and licenses and in accordance with all applicable codes and regulations— including SEPA—and consistent with the overall development plans prepared by the COMMISSION. Obtaining permits will be the responsibility of the initiating party. Section 7: Cooperative Management This Agreement allows management by the COUNTY, SPOKANE and SPOKANE VALLEY of COMMISSION-owned lands; and,by the COMMISSION of COUNTY, SPOKANE, and SPOKANE VALLEY-owned buffer lands within the Trail corridor. Any modifications or uses of this property for other than buffer shall be consistent with Trail development, preservation of the river corridor, and approved by COMMISSION staff prior to use, modification or construction. Use of these lands for recreation, education or river access purposes may be granted by amendment to this Agreement upon approval of the proposed plans for said property by COMMISSION staff and approval of use by the COMMISSION, and in accordance with all applicable Federal, state and local laws. Section 8: Jurisdiction Approval All new facilities and improvements made by the COMMISSION shall be consistent with Trail development,preservation of the river corridor, and approved by the applicable jurisdiction prior to construction. The COMMISSION shall be in possession of all necessary permits and licenses and shall carry out all development,maintenance and operation in accordance with all applicable Federal, state and local laws. Page 7 of 23 Section 9: Hamilton Street Bridge The Hamilton Street pedestrian bridge is located on SPOKANE-owned property. Routine maintenance of this bridge will be the responsibility of SPOKANE. Any repairs relating to the structural integrity of the bridge; and, if necessary, replacement will be the responsibility of SPOKANE. Section 10: Denny-Ashlock Bridge The Denny Ashlock pedestrian bridge is located on both COMMISSION and SPOKANE VALLEY-owned property. Routine maintenance of this bridge will be the responsibility of the party in whose jurisdiction the bridge resides (presently the COUNTY for the northern half of the bridge, and Spokane Valley for the southern half of the bridge). Any repairs relating to the structural integrity of the bridge and, if necessary, replacement will be the responsibility of the COMMISSION. Section 11: Entire Agreement This Agreement grants only permission to allow the COMMISSION to use the COUNTY, SPOKANE and SPOKANE VALLEY-owned property and to allow the COUNTY, SPOKANE and SPOKANE VALLEY to use the COMMISSION-owned property for the purposes and on the terms and conditions herein stated. No legal or equitable title is conveyed hereby. Title to the subject property shall remain with the landowner throughout the term of this Agreement and renewal thereof. Page 8 of 23 Section 12: Indemnification To the extent permitted by law,the COUNTY and/or SPOKANE and/or SPOKANE VALLEY shall defend and hold harmless the COMMISSION and the State of Washington, its officers, agents, employees, successors or assigns against any and all claims suffered or alleged to be suffered on the property, except such claims which arise out of the activities of the COMMISSION, its officers, agents or employees, for which claims the COMMISSION will defend and hold the COUNTY, SPOKANE and/or SPOKANE VALLEY harmless. Section 13: Signs The COMMISSION shall erect and maintain a sign(s) identifying the COUNTY, SPOKANE and SPOKANE VALLEY as cooperating agencies. Any development authorized in accordance with Section 8 herein shall be signed by the applicable jurisdiction identifying the COMMISSION as a cooperating agency. The COMMISSION will be the primary focal point and contact for signing. Section 14: Termination This Agreement may be terminated at any time by mutual written consent of all PARTIES hereto. Section 15: Modification The provisions of this Agreement may be modified at any time by the mutual consent of all PARTIES hereto. Page 9 of 23 Section 16: Assignment of Rights No rights under this Agreement may be assigned without the prior written consent of the other parties. This does not preclude third-party agreements which are in compliance with the Management Plan. Section 17: Tree Removal Any tree removal shall be in accordance with landowner rules and regulations. Section 18: Non-Compliance The Trail and adjoining buffer lands are to be used by the COMMISSION for public Trail corridor purposes. Except as otherwise provided for herein, this Agreement may be terminated by any party in the event of non-compliance by any other party with the terms and conditions hereof, providing that the terminating party allow the non-complying party no less that ninety (90) days written notice of violation in which to correct any situation which is not in compliance with the terms and conditions of this Agreement. If correction is not made to the satisfaction of the terminating party within the ninety(90) days, this Agreement will automatically terminate without further notice. Section 19: Removal of Improvements Unless otherwise agreed, upon termination or expiration of this Agreement, all improvements placed on property under this Agreement shall be disposed of in compliance with applicable provisions of the Revised Code of Washington. Page 10 of 23 Section 20: Discover Pass SPOKANE, SPOKANE VALLEY, and the COUNTY have agreed to contribute towards the operation, care and maintenance of portions of the Trail and associated buffer lands as outlined herein. In recognition of this investment, the COMMISSION agrees NOT to impose any parking or visitor fees (i.e. Discover Pass)for ordinary visitation and use of those trailheads and other areas commonly used for parking along portions of the Trail corridor and buffer lands for which SPOKANE, SPOKANE VALLEY, and the COUNTY have maintenance responsibility. Section 21: Trail Realignments and Connections (a) Trail realignments which may be completed to address safety hazards, to separate the trail from stretches of roadway, to eliminate gaps, or to otherwise perfect the Trail shall become part of this Agreement and the Party whose geographic area includes the new trail element(s) shall assume jurisdictional responsibility for the new trail element(s)unless otherwise determined by the Parties through modification of the Agreement. (b) Future connections to the Trail such as neighborhood access points, local commuter trails, or regional trail connections (e.g. Fish Lake Trail) are a stated goal in the adopted Spokane County Regional Trails Plan. Trail connections shall be encouraged to be completed, but any trails which have been connected to the Centennial Trail shall not become part of this Agreement nor extend maintenance responsibilities by the Parties under this Agreement, unless otherwise determined by the Parties through modification of the Agreement. Section 22: Entities No new entities are created by this Agreement. Page 11 of 23 Section 23: Agreement to be Filed The PARTIES shall record this Agreement with the Spokane County Auditor. Section 24: Personal/Real Property/No Joint Board There shall be no common ownership of any real or personal property under the terms of this Agreement. Each party to this Agreement shall separately own its real and personal property. The Coordinating Council referenced in Section 3 will administer the provisions of this Agreement, as well as the Management Plan and Trail Maintenance Fund. Page 12 of 23 IN WITNESS WHEREOF, the PARTIES have caused this Interagency Cooperative Agreement to be executed on the date and year opposite their respective signatures. NOTE: There will be a separate signature page for each entity signing the agreement. PASSED AND ADOPTED this (-f' / day of la66 , 2014. BOARD OF COUNTY COMMISSIONERS comer \,, OF SPOKANE COUNTY, WASHINGTON +c) 4o1 cOCissr� �4,+ i • • AL FRENCH, HAIR •'•,SEAL .•' i ATTEST: ,,`\` � �l�I r0`/C i?�G ./ TODD MIELKE, VICE-CHAIR• � 40, ILL 41 Cc Daniela Erickson - LLY O'th INN, COMMISSIONER Clerk of the Board Page 13 of 23 IN WITNESS WHEREOF, the PARTIES have caused this Interagency Cooperative Agreement to be executed on the date and year opposite their respective signatures. NOTE: There will be a separate signature page for each entity signing the agreement. DATED: ,T+ 22, a o I L WASHINGTON STATE PARKS AND RECREA i ?MMISSION � ' ille By. �1�— �I RECT• ; Approved as to form: By: _MA 5404whaz 15// F'4 Name: Senior Assistant Attorney General •Page 14 of 23 IN WITNESS WHEREOF, the PARTIES have caused this Interagency Cooperative Agreement to be executed on the date and year opposite their respective signatures. NOTE: There will be a separate signature page for each entity signing the agreement. DATED: CITY OF SPOKANE MAYOR Attest: Approved as to form: By: City Clerk Assistant City Attorney Page 15 of 23 IN WITNESS WHEREOF, the PARTIES have caused this Interagency Cooperative Agreement to be executed on the date and year opposite their respective signatures. NOTE: There will be a separate signature page for each entity signing the agreement. DATED: 0 a -0/ --.26/y CITY OF SPOKANE VALLEY By: " MIKE J•, SON, CITY MANAGER Attest: Approved as to form: ,._ / I,/ By: C is Bainbridge, City Clerk Office o e City A .orne Page 16 of 23 Exhibit 1 Management Plan A- PURPOSE The purpose of this Management Plan("Plan") is to establish minimum standards for the management, maintenance and law enforcement along the Spokane River Centennial Trail ("Trail"). B - PARTIES INVOLVED This Plan is part of the Interagency Cooperative Agreement entered into by the Washington State Parks and Recreation Commission("COMMISSION"),the City of Spokane("SPOKANE"), Spokane County ("COUNTY") and the City of Spokane Valley("SPOKANE VALLEY"). C - GENERAL MANAGEMENT 1. Overall management of the entire 39-mile length of the Trail will be done by the COMMISSION through the Riverside State Park Manager's office. 2. All special activities along the Trail corridor will be coordinated through Riverside State Park via Special Recreation Event permits. Special activities on the Trail within other jurisdictions will be coordinated by the COMMISSION, who will notify the parks administrative staff and the law enforcement department for the affected jurisdiction. 3. The COMMISSION may collect Special Activity Permit fees and may require an insurance binder with a minimum coverage of$1 million for parties of 20 or more people, or a damage deposit or a bond. 4. Centennial Trail Use,Approved Activities and Prohibited Activities shall be established by the Coordinating Council subject to applicable laws and shall be kept on record with the COMMISSION. 5. The Trail facility will be open to the public on existing COMMISSION posted hours. 6. Each agency is responsible for obtaining fire protection for their jurisdiction. Page 17 of 23 D- GENERAL MAINTENANCE STANDARDS 1. Each agency will be responsible for general maintenance in their respective areas of the Trail as set forth in"Section 4: Areas of Jurisdiction"of the Interagency Cooperative Agreement. 2. Corrective action necessary to protect the public will be taken as soon as possible following report of damage to the jurisdiction responsible. Temporary emergency Trail closure will be imposed, if necessary, until hazardous condition is corrected(i.e. fire, flood, washout, leaning trees). Signs showing appropriate detour routes shall be placed accordingly, and notification given to the Riverside State Park Manager's office. Permanent repair or replacement,where not possible due to weather or other circumstance,will be accomplished subject to the limitations set forth in "Section 2: Development and Management"of the Interagency Cooperative Agreement. 3. Subject to the limitations set forth in"Section 2: Development and Management" of the Interagency Cooperative Agreement, each jurisdiction will be responsible for routine asphalt maintenance of the Trail as deemed necessary by the jurisdiction providing the maintenance. Routine maintenance shall include patching potholes, cutting out and/or patching large cracks or heaved pavement, sealing smaller cracks in asphalt with tar and trail shoulder repairs. Shoulder repairs include placing asphalt on trail edges where old asphalt is cracking and breaking away and placing gravel along the shoulders where erosion has occurred. Seal coating of the Trail shall be considered a capital repair. Maintenance Fund money may be used for routine asphalt repairs with the mutual agreement of all parties if included within the 6-year trail capital improvement plan as outlined in Exhibit 2—Trail Maintenance Fund. 4. COMMISSION, SPOKANE, SPOKANE VALLEY and COUNTY will strive to use the same standardized amenities and replacement amenities, including but not limited to signs,benches,picnic tables,bollards,mile markers and bulletin boards as determined by the Coordinating Council. The Coordinating Council will develop and may periodically update a list of options for these standardized amenities. Each agency shall bear the cost of repair and replacement of amenities as necessary, subject to the limitations set forth in"Section 3: Development and Management" of the Interagency Cooperative Agreement. 5. No amenity, other than replacement of existing amenities, shall be placed along the Trail corridor without the approval of the jurisdiction responsible for maintenance of that particular stretch of trail corridor. Page 18 of 23 6. A comprehensive record of maintenance will be kept by Riverside State Park. SPOKANE, SPOKANE VALLEY and the COUNTY agree to provide a summary of maintenance performed on the trail for the calendar year by January 31st of the following year. E- SPECIFIC MAINTENANCE ITEMS Following is a listing of specific maintenance items with comments as needed: 1. Amenities—interpretive and informational signs, benches,picnic tables, bollards, water fountains,trash receptacles,mile markers, hitching posts, rest stations and bulletin boards. 2. Bridges 3. Fencing 4. Guardrail 5. Handrail 6. Litter Control—litter will be picked up as needed to ensure that the trail and adjacent buffer areas are kept clean. 7. Mile Markers—both posts and large mile numbers painted on asphalt will be maintained. 8. Signs—an inventory of replacement signs may be requested. 9. Snow Plowing—no snow plowing will be required on the Trail. Trail head parking lots may be plowed, depending upon user demand and resource availability by the jurisdiction responsible. 10. Sweeping—entire Trail length will be swept or blown off as needed to ensure that the trail surface is safe for use by bicycles, skates, skate boards and other non-motorized trail uses. 11. Trail heads including facilities,parking lot and entry road—inspected and cleaned as needed to ensure that these areas are clean and safe. 12. Vandalism—the parties shall notify local enforcement and strive to inform the Commission of incidents of vandalism. 13. Weed Control—in compliance with Spokane County Noxious Weed Control Board requirements, a control program along the Trail will be Page 19 of 23 developed and accomplished,the cost borne by the individual jurisdictions within parameters of the Interagency Cooperative Agreement. 14. Trail shoulders will be mowed or sterilized as needed and overhanging vegetation cut back for a minimum of two feet on each side of the trail. Vegetation will be cut back to maintain line-of-sight necessary for safety on curves. F- LAW ENFORCEMENT 1. Primary responsibility for law enforcement/patrol in the Trail corridor is as follows: in SPOKANE,with the Spokane City Police; in SPOKANE VALLEY,with the Spokane Valley Police; in the COUNTY, with the COUNTY Parks Ranger and/or the Spokane County Sheriff; and, within Riverside State Park, with the State Parks Rangers. 2. The COMMISSION will assist within the city and County jurisdictions in normal park patrol and enforcement along the Trail. 3. Upon request of the COMMISSION, SPOKANE, SPOKANE VALLEY or the COUNTY will respond as backup during any law enforcement situation beyond park rule violations. 4. SPOKANE, SPOKANE VALLEY and the COUNTY will provide documentation of all law enforcement activities related to the Trail on a yearly basis to the Riverside State Park office. 5. Law enforcement violations attributable to the Trail are specified through WAC (Washington Administrative Code), RCW(Revised Code of Washington) or SMC (Spokane Municipal Code) and include fines if convicted. Page 20 of 23 Management Plan Attachment "A" Maps Maps shall be developed cooperatively by the parties, periodically updated as needed due to municipal annexation, trail development/re-routes or other reasons, and kept on file with the Coordinating Council. Page 21 of 23 Exhibit 2 Trail Maintenance Fund A MAINTENANCE FUND FOR THE SPOKANE RIVER CENTENNIAL TRAIL SHALL BE CREATED. STATEMENT OF MUTUAL INTEREST AND BENEFIT WHEREAS,the Parties desire to work together to create a Trail Maintenance Fund in order to preserve the recreational values of the Centennial Trail and to bring additional recreation and economic value to the area; and WHEREAS,the Centennial Trail is a valued regional resource linking communities from Coeur D'Alene, Idaho to Nine Mile Falls; and WHEREAS,the Trail Maintenance Fund shall become a component of the Interagency Cooperative Agreement to cooperatively manage and maintain the Trail; and WHEREAS,the Interagency Cooperative Agreement spells out the obligations of the parties related to routine maintenance and law enforcement; and WHEREAS,the Trail is over 20 years old and the maintenance obligations are increasing as the Trail ages; and WHEREAS,the Trail is in need of capital repairs to maintain current trail usage; NOW THEREFORE, in consideration of the mutual benefits to be derived,the Parties hereby agree to create a Trail Maintenance Fund for the Spokane River Centennial Trail to be jointly administered by the Parties for the maintenance of the Spokane River Centennial Trail. This fund is primarily intended to address preventative maintenance needs that Parties cannot cover as part of the routine maintenance specified in the Interagency Cooperative Agreement and to address capital repairs. I. PARTIES In addition to the Parties to the Interagency Cooperative Agreement, a representative of the Friends of the Centennial Trail (FCT) shall be invited to participate in a non-voting capacity when the Parties meet to carry out the responsibilities of the Trail Maintenance Fund outlined herein. FCT is a non-profit corporation under the laws of the state of Washington, has pledged to contribute to the Trail Maintenance Fund as resources allow, and has consistently supported the construction and maintenance of the Trail. II. RESPONSIBILITIES OF ALL PARTIES All Parties to the Interagency Cooperative Agreement shall: 1) Meet not less than twice a year to coordinate the management,operation, and maintenance activities for the Trail. Page 22 of 23 2) Discuss upcoming anticipated expenses and maintenance needs. 3) Develop a six(6)year trail capital improvement plan for utilization of the Trail Maintenance Fund taking into account capital needs not covered under the terms of the Interagency Cooperative Agreement,Exhibit 1 -Management Plan. 4) Annually review,update and approve the six(6)year trail capital improvement plan. 5) Make an annual lump sum payment in the amount of$20,000 to the Trail Maintenance Fund by February 1St each year the Interagency Cooperative Agreement is in place, beginning in 2015. 6) All expenditures from the Trail Maintenance Fund shall be unanimously approved by the Parties prior to disbursement. This may occur through unanimous approval by the Parties of the annual review, update and approval of the six(6) year trail capital improvement plan or on a case-by-case basis. 7) Inspect the trail within their area of jurisdiction annually to determine maintenance needs in order to bring these issues to the semi-annual meetings for prioritization and/or funding. 8) Send a representative to each meeting with the authority to vote on spending priorities. 9) If for any reason the Interagency Cooperative Agreement is terminated, the Trail Maintenance Fund shall be dissolved. a. Any money contained within the Trail Maintenance Fund at the time of termination shall be dispersed amongst the Parties to the Interagency Cooperative Agreement in the following manner: i. Pt priority shall be given to honor any active fiduciary commitments made by the Coordinating Council—i.e. an approved capital project which has commenced based on a commitment of the Coordinating Council for payment or reimbursement using Trail Maintenance Funds. ii. After all existing fiduciary commitments have been satisfied, any monies that remain within the Trail Maintenance Fund shall be dispersed equally amongst the Parties to the Interagency Cooperative Agreement based on the participating Party's proportionate life-to-date contribution into the fund. III. SPOKANE COUNTY SHALL: 1) Establish a Trail Maintenance Fund for the collection and disbursement of monies contributed by the Parties as outlined herein in Section II, subsection 5. 2) Be responsible for bookkeeping and the disbursement of funds approved by the parties from the Trail Maintenance Fund. 3) Prepare an Annual Report for the Coordinating Council of the accounting of revenues and expenditures of the Trail Maintenance Fund. Page 23 of 23 s .. 3Yi NO. Al a6(.34/ BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MATTER OF AUTHORIZING ) EXECUTION OF THE SPOKANE RIVER ) RESOLUTION CENTENNIAL TRAIL INTERAGENCY ) COOPERATIVE AGREEMENT ) WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business;and WHEREAS, pursuant to Spokane County Resolution No. 92-0512, RCW 43.51.040(8) and RCW 39.34.030, the Board of County Commissioners of Spokane County, the Washington State Parks and Recreation Commission,and the City of Spokane entered into an Interagency Cooperative Agreement for management of the Centennial Trail corridor,and WHEREAS, the Washington State Parks and Recreation Commission (the COMMISSION), Spokane County (COUNTY), the City of Spokane (SPOKANE), and the City of Spokane Valley (SPOKANE VALLEY), individually, now own or lease or care for certain parcels of land within the Spokane River Centennial Trail corridor. Collectively, the COUNTY, CITY, SPOKANE VALLEY and the COMMISSION shall be referred to herein as the"PARTIES";and WHEREAS, all PARTIES agree that the Centennial Trail corridor can most advantageously be managed by the Washington State Parks and Recreation Commission with shared operation,maintenance and law enforcement responsibilities;and WHEREAS, pursuant to RCW 79A.05.030 and RCW 3934.030(2), the PARTIES, therefore, desire to continue to provide for the development and operation of a multi-purpose trail system. Accordingly, the PARTIES have drafted the "Spokane River Centennial Trail Interagency Cooperative Agreement"which is attached hereto and incorporated herein by this reference;and WHEREAS, Doug Chase, the Spokane County Parks, Recreation and Golf Director, recommends that either the Chair of the Board, or a majority of the Board, of Spokane County Commissioners, acting on behalf of the County, approve and enter into the attached "Spokane River Centennial Trail Interagency Cooperative Agreement";and WHEREAS, Doug Chase, the Spokane County Parks, Recreation and Golf Director, further recommends that the Interagency Cooperative Agreement adopted pursuant to Resolution No.92-0512 be rescinded;and WHEREAS,the Board of County Commissioners of Spokane County hereby finds that it is most advantageous to the interests of the County to accept the recommendations of the Spokane County Parks, Recreation and Golf Director. RESOLUTION-1 //— p607" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the Chair of the Board , or a majority of Board members are hereby authorized to execute on behalf of the County, at other than an open public meeting, that agreement entitled "Spokane River Centennial Trail Interagency Cooperative Agreement"attached hereto and incorporated by this reference. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Spokane County that the Interagency Cooperative Agreement adopted pursuant to Resolution No. 92-0512 is hereby rescinded-and shall hereafter be of no effect whatsoever. ADOPTED by the Board of County Commissioners of Spokane County, Washington this 5th day of August,2014. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON O CQMASJsde 1 �0.yo ''�. 'w ��� AL FRENCHAIR ,< <r�• ��/!!l/ A_. / - -- _4,,4.14 _/ t`,� 0 iD MIELKE,VICE C • IR ATTEST: `` •��..,_, I LLLY O'Q `�,CO SSIONER Daniela Erickson,Clerk of the Board RESOLUTION-2