HomeMy WebLinkAboutAG 04-110 - KING CO DEPT OF NATURAL RESOURCES
DATE IN:
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CITY OF FEDERAL WAY LAW D EP ARTMENT
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
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CONTRACT SIGNATURE ROUTING
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D CITY MANAGER
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ORIGINATING DEPT./DIV:
ORIGINATING STAFF PERSON, ~nIS,
TYPE OF DOCUMENT REQUESTED (CHE ONE)
D PROFESSIONAL SERVICE AGREEMENT
D MAINTENANCE/LABOR AGREEMENT
D PUBLIC WORKS CONTRACT
D SMALL PUBLIC WORKS CONTRACT
EXT: t.{D'fO 3. DATEREQ.BY: i/'IO
(LESS THAN $200,000)
D PURCHASE AGREEMENT)
D SECURITY DOCUMENT (EG AGREEMENT &
PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
D CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ)
D CONTRACT AMENDMENT
D CDBG
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TITLE
AG#:
(MATERIALS, SUPPLIES, EQUIPMENT)
D REAL ESTATE DOCUMENT
PROJECT NAME: -:J-'^-.W \oJ
NAME OF CONTRACTOR: J:/Y1~ C~\
ADDRESS:
SIGNATURE NAME:
ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT
D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE
TERM: COMMENCEMENT DATE:
COMPLETION DATE:
TOTAL COMPENSATION $ {j; (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR C ARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: DYES DNO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED DYES D NO IF YES, $ PAID BY: D CONTRACTOR D CIT
CONTRACT REVIEW
D PROJECT MANAGER
u:YDIRECTOR
~NAGEMENT
INITIAL/DATE APPROVED
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10/09/02
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King County
Department of Natural Resources and Parks
Water & Land Resource Division
Capital Projects & Open Space Acquisition Section
201 S Jackson Street, Suite 700
Seattle, W A 98104
Phone (206) 296-7775
June 25, 2004
Ms. Donna Hanson
City of Federal Way
33530 151 Way South
P.o. Box 9718
Federal Way WA 98063-9718
Re: Lakota Westlands Conservation Futures Interlocal Cooperation Agreement
Dear Ms. Hanson
Enclosed for the City of Federal Way's permanent records is an original copy of the
Conservation Futures Interlocal Agreement between King County and the City of Federal Way
for the Lakota Wetlands acquisition project, authorized under Ordinance 14797. King County
has retained an original copy of this Agreement and we will also file an original with the King
County Records and Elections Division.
The City of Federal Way may now seek'reimbursement of the $194,000 in Conservation Futures
funds awarded to the project under Ordinance 14797. Please have the appropriate staff person
call Robert Kniestedt, our Conservation Futures fund manager, at (206) 296-7778
If you have any questions, please feel free to call me at (206) 296-7775.
Sincerely,
/:r::/ /
~
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David Tiemann
ProgramlProject Manager III
Enclosures
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established a Conservation Futures
Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban
cities. This amendment is entered into to provide for the a11ocation of additional funds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY and KING
COUNTY, and amends and attaches to and is part thereof of the existing lnterlocal Cooperation
Agreement entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the fo11owing amendments:
Amendment 1: Article 1. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy
Fund allocation for the Lakota Wetland Acquisition, and hereafter reads:
.
On November 24,2003 the King County Council passed Ordinance 14797, which
appropriated a total of One hundred Ninety- four Thousand Do11ars ($194,000) in
Conservation Futures Levy proceeds to the City of FEDERAL WAY for the Lakota
Wetland acquisition Project. On March 15, 2003 The King County Council passed
Ordinance 14852, authorizing the King County Executive to enter into interlocal
agreements with the City of Seattle and the suburban cities for the disbursement of
Conservation Futures Funds in Ordinance 14797.
Amendment 2: Article V. Conditions of A2reement
Section 5.1 is appended to include Attachment D, which lists a 2003 Conservation
Futures Levy Allocation for the Lakota Wetland Acquisition project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are appended to include Attachment D, which lists a 2003
Conservation Futures Levy proceeds allocation for the Lakota Wetland Acquisition Project:
Subject to the terms of this agreement, the County will provide Conservation
Futures Levy Funds in the amounts shown in Attachments A through D to be used
for the Projects listed in Attachments A through D. The City may request
Amendment D
Annual CFT Interloeal FEDERAL WAY-King County
2003 CFT proceeds
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additional funds; however, the County has no obligation to provide funds to the
City for the Projects in excess of the total amounts shown in Attachments A
through D. The County assumes no obligation for the future support of the
Projects described herein except as expressly set forth in this agreement.
In all other respects, the terms, conditions, duties and obligations of both parties sha11 remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document sha11 be attached to the existing Interlocal Cooperation Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY
íJw~
Ron Sims
King County Executive
Date: r2 3/0 f-
Acting unde the chtthority of
Ordinance 14852
Date: .s J 19 Jo-t
Acting under the authority of
Ordinance: (Y\()\lc¡n -\0 ~ ').e..
~11'ò(0'-\ <:!c- ~rs
ATT
Approved as to form:
Approved as to form:
~(Î:!!l ~ In/
N MALENG ¿;
King County Prosecuting Attorney
%/7CU , ~¿~L-
PATRICIA A. RICHARDSON
City Attorney
Amendment D
Annual CFT Interloeal FEDERAL WAY-King County
2003 CFT proceeds
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A TT ACHMENT D
2003 CONSERVATION FUTURES LEVY
CITY OF FEDERAL WAY
ALLOCATION
Jurisdiction
Proj ect
Al1ocation
FEDERAL WAY
Lakota Wetland AcquisiÜon
$194,000
TOTAL
$194,000
Project Description:
Lakota Wetland: The Lakota Wetlands Acquisition consists of a 12-acre parcel located along 21st
Avenue Southwest in Federal Way, adjacent to Lakota Park. The project allows for the expansion of
Lakota Park to include natural lands for environmental education and passive recreation. The central
portion of the property is primarily wetland and is urban wildlife habitat.
City of FEDERAL WAY - Lakota Wetland Acquisition
$194,000
Amendment D
Annual CFT Intcrloeal F[])[mAI. WAY-King County
2003 CFT proeecds
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INTERLOCAL COOPERATION ACRBB ENT BBTWIEN KING COUNTY
AND THB CITY or. ¥".::.. ~
SUBURBAN CITY OPEN SP C T N PR03BCTS
THIS IRTERLOCAL CooPBRATION AGRIBMBNT 18 entered into
betw.en the CITY OF ./o.c;/o.rr'.l / h~ Y (.City.) and ICING COUNTY
(8county.).
Article I.
Recitals
On September 21,1989, the King County Council passed
ordinance number 9128, which ..tablished a Conservation Future.
Levy Fund and appropriated a total of $2,900,000 In con8ervation
futured levy proceed. to King County ($1.100,000), the City ot
Seattle ($1.100,000) and 8uburban citie. ($700,000).
Ordinance 9128 also established conditIone for use of the
'und, including condition. covering allowable projects. costa and
expense..
The Open Space Citizens Advisory Committe. has
'".'
recommenðeð an initial allocation of Conservation Future. fund.
from the Suburban City Open Space Acquisition Project tollowing
notlflc.~ion to the 8uburban citie. that funds were available,:
..
.. .
provision of an opportunity for the 8uburban citie. to respond 'anð
.¡,
receipt by the committee of requests for funding, all pursuant to '.
..~ '.
ordinance 8867.
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The King County Council by motion number 7742 has
approved the initial allocation and authorized the ~in9 County
Executive to enter into tnterloc.1 cooperation agreement. with the
8uburban cities in order to initiate the approvea project..
Pur8uant to King County ordinance 9128, King County
motion 7742, Washington Statute chapter 84.34 RCW and Wa.hington
Statute chapter 39.34, the partie. agr.e a8 follow..
Article II.
1.
Definition8
Open Space
The terM wopen apace- or .open space lana- mean. (a) any
.
land ar.. .0 ae.ignated by an official comprehensive land us. plan
adopted by any city or county and zoned accordingly or (b) any
land ar.a, the pre.erva~lon of which in 1~* pr.8en~ use would (1)
conserve and enhance natural or .cenic resourc.., or (ii) protect
streams or water 8upply, or (ili) promote con..rvation of aoila,
wetland., beache. or tidal marahe., or (iv);-.nhance the value to
the public of abutting or neighboring parks, for..ta, wild1ite
reaerv.., natural re.ervations or .anctuarie. or other open. .pace,
or (v) enhance recreational activiti.., or (vi) pre..rve hi8t,orlö:':
.it.., or (vii) retain 1n it. natural .tate tract. of land of not
'"
1... than five acre. .ituateð in an urban area and open to PUblic.
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us. on 8uch condition. 88 may be rea8onably required by the
legi81ative body granting the open .pace clas8iflcation.
(2)
project.
The term .project. ...n. specific project. which meet
open .pace crit.ria as described in ling County ordinance 8867,
8ection 1, and RCM 84.34.020 and which are attached to anð
incorporated by reference in ling County ordinance number 9071 or
added to ~he l18t of approved projects by the County.
(3)
Conservation Future..
The term .conservation futures.'..ans developmental
rights which may be acquired by purcha.., 91ft, grant, bequest,
devise, lea.., or otherwi8e, except by eminent domain, and may
consist of fee simple or any le.ser inter..t, development right,
.asement, covenant, or other contractual right necessary to
protect, pr..erve, maintain, improve, reetor., limit future u.e
ot, or otherwi88 cons.rve open space land, all in accordance with
the provisions of Washington 8tatute chapter 84.34 anð king county
ordinance number 8867.
Article III.
tURPOSI OF THE AGREBMENT
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The purpose of this agreement 1. to create a coop.rative~
arrangement between the City and the County relating to the
projects and to define the ter.. and condition8 governing both
parties' obligation8 created by this agr..ment.
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Article IV.
TERM OF AGRB£MBNT
Thi8 agreement shall be and continue in full force and
effect and binding upon the partie. bereto upon execution of the
agreement by both parti...
The term of the agreement shall be
.
indefinite.
The agreement will be terminated if the City 18
unable or unwilling (1) to expend the fund. provided through thi8
agree.ent, (ii) .atisfy the matching requirement. contained in
this agreement and (iii) upon reimbursement by the City to the
county of all unexpended fund. provided by the County pur8uant to
this agr.ement in the manner and amounts describ.d below.
Article v.
CONDITIONS OF AGREE"ENT.
Section 5.1
Project Description.
Fund. available
pursuant to this a9reel1\ent may be used "only for projects listed in
attachment A, which i8 incorporated herein by reference, or such
8ubstituted Projects 8S may be approved by the County as set forth
below.
All Cou'nty funded projects lIu8t meet open apace criteria
a8 described in King County ordinance 8867, .ection 1, and
Washington Sta~ute chapter 84.34.020 øcw.
Section 5.2. Us. of Funds. run4a provided to the C~~y ~~
pursuant to thi8 agreement a. well a. fund. provideð by the City ~
a. match pursuant to this agr.e.ent .ay be used only for expenses.
related to property acquisition.
Thos. expense. include
apprai8al., title ..arches, negotiations, administrative overhead,
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anð the cost of actual acquisition or purcha8e options, all in
accordance with the provi8ions of ..c~ion 3 of Ordinance 9128.
fundi utilized purluant to this a~r..ment ..y not b. u8ed to
purcha.. land obtained through the exercise of eminent domain.
Section 5.3.
Sub8titution/Deletion of Projects.
If the City doe8 not proceed with the Projects described
in SeQtion 5.1 of thi8 agreement, the City may reimburse the
County all lunda provided by the County less approved expenses
previaualy incurrea in good faith to acquire the property for open
space,! plus accrued interest earning- on the unexpended balance.
~lternatively the city a.y submit specific reque.ts for project
reprogra.ming to the County for its approval.
All projects
propo8ed for reprogramming must meet open apace criteria as
described in King County ordinance 8861, section 1, and Washington
statute 84.14.020 RCW, be 8ubmitted to and recommended by the
County's Citizen oversight Committee or its successor and be
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approved by action of the king County Council.
All reprogramming
requests ahall be 8ubmitted to the County'. Department of ~arks
Planning and Re8ource..
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Section 5.4
Bminent Domain.
"
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Xf any Project requires the,
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exercia. of eminent doma1n to acquire the property all tunds
provided pur8uant to this argument plus accrued interest on such
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funds shall be reprogrammed.. provided 1n this agreement or
repaid to the county.
Article VI.
Sect1on 6.1
Re.ponaibl1it1.. of the Cit1.
Matching Require.ent..
Any Project funded
by Cona.rvation Future Levy proc..ds shall be 8upported by the
City in which the Project is located with. matching contribution
which i8 no les8 than the amount of Conaervation puture. Levy
funds allo~ated to the Project.
Th1. contribution may be in the
. form of cash, land trad.. with a valuation verified by an
appraisal conducted by a MAl certified appraiser, or credits for
other qualifying open apace acquired on or after January 1,1989.
Any City match, other than cash, .hall require County approval.
County approval and County acceptance of the City'. ca.h match
will be tran8mitted in ~ritinq to the City by the Manaqer of the
County's Office of Open Space Or his successor in function.
If the Project involve. two or more suburban cities,
those cities shall ðeteralne the allocation of contributions'to
the matching requirement. of this agreement, 80 long as the ~otal
match i. no less than the amount of Con8ervation8 Futures Levy,
fund. provided by the County.
..
'I
Such contribution mult be aval1ablè within two year. of
the City's application for County funds to 8upport Project.
identified herein or approved sub8titute projects.
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If 8uch co..itment 18 not timely maðe, the County shall
be released from any oblivation to fund the Project 1n question,
and the City ahall rei.bur.. the County all funds provided to the
City pursuant to this agreement plU8 accrued interest on such
funds.
All such mon1es will be available to ,the county to
reallocate to other approved Project..
By appropriate legislature
action taken not more than 60 daY8 following the effective ðate of '
this agreement, the City ahall commit to contribute it. required
match.
Section 6.2.
Project De.cription.
~s part of the application to receive Conservation
Puturea Levy fund. from the County, the City .ball 8ubmit the
following information concerning eacb pçoj.ct: (1) a narrative
description of the project, (2) . de.crlptlon of the specific U8.S
for Con..rvation Futures Levy funds in the Project, (3) a
description of the means by which the City wil,l satisfy the
matching requirements contained 1n this agreement, and (4) if the
City has more than 20,000 population, the City m\lat certify that
the Project 1. compatible with an apptoved open space master plan .;.
Of its equivalentanð provide .ueh plan to the County.
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Section 6.3.
Reporting.
~ll funds received pur8uant to thi8 agr.ement and accrued interest
therefrom will be account.~ for ..parately from all other
City
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funð8, accounts and monies.
Until the property d.acrlbeð in the
Project i. acquired and all fund a provided pursuant to this
agreement expenðeð, the City aha1l provide quarterly written
reports to the County within 30 ~ay. of the end of each relevant
tiae perloð.
The quarterly report sball contaln the following
information. (a) an accounting of all cash expenditure. anð
encumbrance. In support of the Project, (b) the status of each
Project and any changes to the approved ti.e 1in., and (c) other
relevant information requested by the County for the purpose of
determining compliance with this agreement.
Following acquisition of the property and expenðiture of
all tun48 provided pursuant to this agreement, the City shall
provide the County annual reports, within 'O daY8 of the end of
each calendar year, which reports shall .pecify any change in the
statue of the project during the prior year and any change in the
statu. of the Project which the City rea8onably anticipates ð~ring
the ensuing year.
All .uoh reports .hall be subMitted to the
County's Department of Parka, Planning and R.aource8.
Section 6.4 - Dispo.ition of Re.aining rund..
It 1. anticipated that Open Space Bond funds will be"
available for Project. identified in this agreement.
"
If
.11oc~tion of Conservation Putures levy funds to such Projects
produce. an axceaa of revenues Over the approved cost of the
projects, then a8 to 8uch exceB8 fund., the City will
(1) reprogram such exce.s funda .a .et forth in this agreement, or
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11) justify to the County's satisfaction that such exce.s funds
are necessary to complete the Project, or 111) repay such excess
funð. to the County.
If the City 40es not expend all fund. provided through
this agreement and no sub8titute project i. requested or approved
as to the excess funds, sucb fund. aball be refunded to the
County.
ror purpo.e. of this section, .funds. shall include all
monies provided by the County plus intere8t accrued by the City on
Buch monies.
Section 6.5.
Maintenance in Perpetuity
Tbe City, and any successor in intere8~, agree to
maintain propertie8 acquired with funds provided pursuant to this
agreement a8 open 8pace in perpetuity. '. If the City changes the
, ,
status or use of properties acquired with funds provided purluant
to this agreement to any other purpo8e, the City shall pay the
County an amount in cash to be mutually determ~n.d or .ubstitute
other property acceptable to the County.
In either ca.., the
value of the property shall be established .t the time of the
change in statuB or ua., baseð on the changeð statue or use and
not ba.eð on ita value a. open apace.
...
At its own cost, the City will provide the County an
inðependent M.A.I. appraisal in accordance with this section.
The
value established by the appraisal will not be binding on the
County.
The "City ahall provide the County with written notice:
prior to the change of U8e and shall reimburse the County within
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90 days of 8uch notification.
Reimbursement not received within
90 ðaya will accrue intere8~ at the then legal rate.
Article VII..
Respon.ibilities of County
Subject to the term. of this agreement, the County will
provide Conservation Future. Levy funds in the amount shown in
attachment: A.
The City may reque.t additional funds, however, the
County he. no obligation to provide fund. to the City in exceS8 of
the amount shown in attachment A.
The County assumes no
obligation for future 8upport of the projeøte de.cribed herein
except a. expressly .et forth in thi8 agreement..
Article VIII
Other Provisions
Section 8.1.
Hold Barmle.. and Indemnification.
A.
'.
The County asaumes no re8ponsibility for the payment
of 5ny compensation, fees, wage., benefits or taxes to or on
behalf of the City, ita employees, contractors or others by reason
of this agreement.
The City shall protect, indemnify and eave
harmless the County, it. officers, agents and employ... from any
and all claims, coata and lo.s.s whataoever occurring or r..ultlng
from (1) the City'. failure to pay any compensation, wag., fee,
benefit. or taxe., and (2) the supplying to the City of work,
"
.ervice., materials or supplie. by city employee. or agents or
other contractors or 8uppliers in connection with or in support of
performance of thi8 agreement.
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B.
The city further agre.. that it i8 financially
re.pon8ible for and will repay the County all indlcateð amounts
following an audit exception, which occurs due to the negligent or
intentional acta or failure for any reason to comply with the
terms of this agreement by the City, ita officer., employe..,
agents or representatives.
c..
The City sball protect, defend, indemnity, and .ave
harmle.8 the County from any and all coats, claims, judgment., or
a~ard.. of damages, art.ing out of or in any way resulting from the
negligent acts or omi8sions of the City, ita officers, employees
or agents.
For purpoaesof thi8 agreement only, the City 8grees
to waive the immunity granted it for industrial insurance claims
pur8uant to Wa.hington statute chapter 52 to the extent necessary
to extend ita obligations under this paragraph to any claim,
demanð or cause of action brought by or on behalf of any
employees, including judgment., awards and costs arising therefrom
including attorneys' fee..
Section 8.2 - Amendment.
The parties re.erve the rigbt to ..end or modify this
agreement.
Such amendments or modification. must be by written'
instrument signed by the parties and approved by the respective
City and County councils.
...
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Section 7.3 - Contract Waiver.
No waiver by either party of any term or condition of
this agreement shall be deemed or construed to be a ~alver of any
other term or condition, nor ahall a waiver of any breach be
aeemed to constitute a waiver of any subs.quent breach whether of
tbe .ame or different provision of tb18 agre.ment.
ahall b. effective un1... mad. in writin9.
No waiver
Section 7.4 - Entirety.
Thi. agreement i8 the coMplete expres8ion of the terms
hereto and any oral repre.entations ot under.tanding. not
!neorporateð are excluded.
This agreement merges and Bupereedes
all prior negotiations, representationa anð agreements between the
partie. relating to the projects and e~n8titutes the entire
agreement between the partie..
The parti.s recognise that time 1s
of the eSsence in the performance of the provisions of this
agreement.
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IN WITNESS WHBRIOP, authori..ð repreaentativ.. of the
parties hereto have 81gneð their names in the spaces 8et forth
below:
KING COUNTY
FOR
Dates Wij.N Q 3 1999 ,
Acting under authority of
authority of motion number
1 7 .L~'2-:
"-_.." -~
Z7f~: ,
Al51U1 itÁLÉNG
King County Pro..cut1ng Attorney
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CITY OF /o;¡',n~r.ll &!c.'i' y
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