HomeMy WebLinkAboutAG 90-052 - KING COUNTY RETURN TO: PW ADMIN EXT: 2700 ID#: ‘y '
CITY OF FEDERAL WAY jL�A,v LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ ��V',I 14 i "S t
2. ORIGINATING STAFF PERSON IL 1''r¢" "'`L'`t tp") EXT: 2-1 0 4, 3. DATE REQ.BY:i 444 1 1 241/
3. TYPE OF DOCUMENT(CHECK ONE):
o CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
o PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
o PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
o GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG
o REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
o ORDINANCE Q 0 RESOLUTION
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REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# I -URf' I
BL,EXP. 12/31/ UBI# ,EXP. / /
7. TERM: COMMENCEMENT DATE: )Q.N
2-01 9 COMPLETION DATE: '" A
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8. TOTAL COMPENSATION: el (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDU OF K�/PLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: o YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: A ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
o PURCHASING: PLEASE CHARGE TO: ,v`1t
9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
o PROJECT MANAGER
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o RISK MANAGEMENT (IF APPLICABLE)
LAW DEPT / I.3(/74
10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE:314./.%1 j 201 1 COMMITTEE APPROVAL DATE: L/ tel el
SCHEDULED COUNCIL DATE:i°Li"S 1 7a1 1 COUNCIL APPROVAL DATE: (11 I L
11. CONTRACT SIGNATURE ROUTING t�� I�Q,`
o SENT TO VENDOR/CONTRACTOR DATE SENT: 4 DATE REC'D:
o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
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COMMENT,: ORIGINALS KO AD ci1/1, AM-----
,rJ Cif �i�- . RO( q �EXECUTE` `
1/2018
L41
King County
Water and Land Resources Division
Department of Natural Resources and Parks
King Street Center
201 South Jackson Street, Suite 600
Seattle, WA 98104-3855
206-477-4800 Fax 206-296-0192
TTY Relay: 711
March 13, 2019
Public Works
Attention: Admin
33325 8th Ave S
Federal Way, WA 98003
Re: Federal Way Conservation Futures Interlocal Agreement—Amendment J
To Whom It May Concern:
Enclosed for your permanent records is an original signed Conservation Futures
Interlocal Cooperation Agreement("ILA")Amendment"J"to amend Section 8.2 and
Article VII.
King County has retained an original copy of this amendment. Instead of recording these
documents as we have done in the past, we now are posting them to our website: go to
www.kingcouty.gov/CFT, and see the sidebar labeled"CFT interlocal agreements" (full
address: http://www.kingcounty.gov/services/environment/stewardship/conservation-
futures/cft-interlocal-agreements.aspx).
Please feel free to contact me with questions (Ingrid.Lundin@kingcounty.gov or 206-
477-4578).
Sincerely,
Ingrid Lundin
Conservation Futures Program Coordinator
Enclosure
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND FEDERAL WAY
FOR OPEN SPACE ACQUISITION PROJECTS
Preamble
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 Interlocal
Cooperation Agreement entered into between the parties on the 5t'' day of June, 1990, as
previously amended.
The parties mutually desire to amend the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree to amend the Agreement as follows:
Amendment 1: Article VIII. Other Provisions
The text in Section 8.2 is deleted in its entirety and replaced with the following:
The parties reserve the right to amend or modify this agreement. Amendments or
modifications to disburse funds approved by the County Council must be by
written instrument signed by the parties. Other amendments also must be
approved by the respective City and County Councils.
Amendment 2: Article VII. Responsibilities of County
The first two sentences of this article are deleted and replaced with the following:
Subject to the terms of this agreement, the County will provide
Conservation Futures Levy proceeds in the amounts and for the projects
shown in Attachment A to this agreement and as well as in those amounts
and for those projects shown in subsequent amendments to this agreement.
The City may request 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 Attachment A and any subsequent amendments.
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
This document shall be attached to the existing Interlocal Cooperation Agreement, and
shall become Amendment J.
Amendment J 1
CFT Interlocal Cooperation Agreement Between Federal Way and King County
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY FEDERAL WAY
0 __--
Dow •fie
Kin unty Executive Mayor
Date: 7/(770/ Date: '7//4/
Approved as to form: Approved as to form:
�pM ',' 0,tel'
n CA i / '
Dan Satter ' s Iderg
King County Prosecuting Attorney /MA✓k O be etiftetititKh
ber,ii� 3 C, A4440!len
Amendment J 2
CFT Interlocal Cooperation Agreement Between Federal Way and King County
RETURN TO:PW ADMIN EXT: 2700 -30601
CITY OF FEDERAL WAY LAW DEPARTMENT ROU QED
1. ORIGINATING DEPT/DIV: PUBLIC WORKS l.�,K�(j{f.64./,�j��y� Gnl
2. ORIGINATING STAFF PERSON: )G[lC477a< EXT: 2753 3. DATE REQ.BY:,..?//AP/7
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
iC CONTRACT AMENDMENT(AG#): fa-Q 2 x INTERLOCAL(*voIzyStET/r)
❑ OTHER / l
5. PROJECT NAME:,+(/#7440/OV1/1 rfeaystJA/�INJI�/,4 n,4 T/ilT L0(4L 41,0A-Ir/17ON/d e
6. NAME OF CONTRACTOR: XIN4 L✓
ADDRESS: go/ S. Tl and s, fi`00 $ j/( f r/0y TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: )Q(,/ (QNSn9,v17n/C TITLE: 4QN awry EXGZunvIr
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP.12/31/ UBI# ,EXP. / /
8. TERM: COMMENCEMENT DATE: l fL ,f/44/Iel (COMPLETION DATE:
9. TOTAL COMPENSATION:S q$$00 h/ii1lu 4e 22$ LIT (4 r�/ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EM LOYEES TITLES AND HOLIDAY RATES)
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IS SALES TAX OWED: ❑YES o NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED
�y
❑ PURCHASING: PLEASE CHARGE TO: /V 1
10. DOCUMENT/CONTRACT REVIEW INITIAL/D T REVIEWED INITIAL/DATE APPROVED
[)C PROJECT MANAGER art' '
V..DIVISION MANAGER WEE110....
DEPUTY DIRECTOR , '7 V .1 3 24 l 1
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❑ RISK MANAGEMENT (IF APPLICABLE)
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11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: 010 COUNCIL APPROVAL DATE: 0/4r
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ( ppi)? DATE REC'D:
IA-o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LIC NSES,EXHIBITS
XCREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
I IAL/DATE SIGNED
❑ LAW D PT � 3 �/I
ATORY(MAYOR OR DIRECTOR) ���
❑ CITY CLERK .f _
❑ ASSIGNED AG# AG# - it
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE S "ORIGINALS /a , PJ 4iovris Azed)r of p4 7dw1 lezi4$i A/0Neli AA klWi ✓LG TD
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3/2017
•
),CONFORMED COPY
King County Water and Land Resources
Open Space Acquisitions Unit 20170427000506
201 South Jackson Street, Suite 600 KC WLR CFT AG 76.00
PAGE-001 OF 004
Seattle, WA 98104 04/27/2017 14:01
Amendment to Conservation Futures
Inter local Cooperation Agreement
BetweenKing County Way for
Open Space Acquisition Projects
April 27,2017
Department: DNRP/VVLRD Open Space Acquisitions Unit
Parties: City of Federal Way and
King County
Project: Conservation Futures
Amendment
(
Reference No. of
Related Document: 20130206000627
•
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 and certain cities. This
amendment is entered into to provide for the allocation 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 Interlocal
Cooperation Agreement entered into between the parties on the 5th day of June, 1990, as
previously amended.
The parties agree to the following 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 Hylebos Creek Conservation Acquisition,and hereafter
reads:
• On November 14, 2016 the King County Council passed Ordinance 18409, which
appropriated a total of Ninety-Eight Thousand,Three Hundred Dollars($98,300)
in Conservation Futures Levy proceeds to the City of Federal Way for the
Hylebos Creek Conservation Acquisition Project. On March 13, 2017 The King
County Council passed Ordinance 18477, authorizing the King County Executive
to enter into interlocal agreements with the City of Federal Way for the
disbursement of Conservation Futures Funds appropriated in Ordinance 18409.
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include Attachment I, which lists a 2017
Conservation Futures Levy Allocation for the Hylebos Creek
Conservation Acquisition Project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include references to Attachment I,
which lists a 2017 Conservation Futures Levy proceeds allocation for the Hylebos Creek
Conservation Acquisition Project:
1
•
Subject to the terms of this agreement, the County will provide
Conservation Futures Levy Funds in the amounts shown in Attachments A
through I, to be used for the Projects listed in Attachments A through I.
The City may request 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 I. The County assumes no
obligation for the future support of the Projects described herein except as
expressly set forth in this agreement.
AMENDMENT 4: Attachment I
The Attachments to the interlocal agreement are hereby amended by adding Attachment
I, which is hereby attached to the interlocal agreement, incorporated therein and made a
part thereof,
In all other respects, the terms, conditions, duties and obligations of both parties shall
remain the same as agreed to in the Interlocal Cooperation Agreement as previously
amended.
This document shall 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 CITY OF FEDERAL WAY
1 s >Do , _t 4'stante , e ell
King ounty Executive ayor
Date: t, Date: 7 (°"7
Acting un r the authority of
Ordinance 18477
Approved as to form: Approved as to form:
6
1 `/.,r
i . ,.r
Da `atterberg
Kin_ County Prosecuting Attorney f City Attorney
•
•
•
•
EXHIBIT I
2017 CONSERVATION FUTURES LEVY
CITY OF FEDERAL WAY ALLOCATION
Jurisdiction Project Allocation
Federal Way Hylebos Creek Conservation $98,300
TOTAL $98,300
Project Description:
1129220 Federal Way—Hylebos Creek Conservation
This project will acquire a 6.92-acre parcel on Hylebos Creek in Federal Way, located on
the west side of Pacific Highway South, near S. 359th Street. The project goal is to
protect riparian and salmonid habitat, and it will allow for habitat restoration in the
future.
City of Federal Way (Hylebos Creek Conservation) $98,300
3
RETURN TO: '� • EXT: Z.'�,Z, •
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 5 W M S- A N N E ID
2. ORIGINATING STAFF PERSON: °t' �tf pk#o y-\ EXT: 215 o 3. DATE REQ.BY:
4. TYPE OF DOCUMENT(CHECK ONE): 1
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#)14— -KINTERLOCAL
❑ OTHER G (�
5. PROJECT NAME: S Pal' u" \f
6. NAME OF CONTRACTOR: k Yv,O
ADDRESS: TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: TITLE: K■,- `C. G,C�.�.�{,�t.
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /
8. TERM: COMMENCEMENT DATE: (4). j 9 J COMPLETION DATE:
9. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
❑ PURCHASING: PLEASE CHARGE To:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
X DIVISION MANAGER � /3
i DEPUTY DIRECTOR
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
A LAW DEPT r4)
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: 2('>'/12-- COUNCIL APPROVAL DATE: I/7--/
12. CONTRACT SIGNATURE ROUTING 1 /
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: I/1 / 3 DATE RECD: 3Il 9//15
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,IEXHIBITS
INITIAL/DATE SIGNED
❑ LAW DEPT - 13
SIGNATORY(MAYOR OR DIRECTOR) 1414_0
K.ASSIGNED AG# A G# -
SIGNED COPY RETURNED DATE SENT: d
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE"3"ORIGINALS
1
•.
)?
CONFORMED COPY
20130206000627
KC MR CFT AG 36,00
PAGE-001 OF 005
02/06/2013 11:07
Upon Recording Please Return To:
King County Water and Land Resources Division
Attention: Lori Bryant
201 South Jackson Street, Suite 600
Seattle, WA 98104
Amendment to Conservation Futures
Interlocal Cooperation Agreement
Between King County and the City of Federal Way for
Open Space Acquisition Projects
February 6,2013
Department: DNRP/WLRD Open Space Acquisitions Unit
Parties: City of Federal Way and
King County
Project: Conservation Futures
Amendment H
Reference No. of
Related Document: 20110428000811
•
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 through the procedures set forth in Ordinance 8867, as amended by Ordinance 14714. This
amendment is entered into to provide for the allocation 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 Interlocal Cooperation
Agreement entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article I. Recitals
A paragraph is hereby added to the Recitals Section to provide for a Conservation Futures Levy
Fund allocation for the Federal Way CFI. (Hylebos Creek) open space acquisition project, and
hereafter reads:
• On September 27, 2010, the King County Council passed Ordinance 16932, which
appropriated a total of Two Hundred and Fifty Eight Thousand Dollars ($258,000) in
Conservation Futures Levy proceeds to the City of Federal for the Federal Way CFI.
(Hylebos Creek) acquisition Project. On March 7, 2011, the King County Council passed
Ordinance 17043, authorizing the King County Executive to enter into an interlocal
agreement with the City of Federal Way for the disbursement of Conservation Futures
Funds in Ordinance 16932.
• On November 9,2011, the King County Council passed Ordinance 17232, which
appropriated a total of Three Hundred Thousand Dollars ($300,000) in Conservation
Futures Levy proceeds to the City of Federal for the Federal Way CFL (Hylebos Creek)
acquisition Project. On June 18, 2012, the King County Council passed Ordinance 17345,
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 17232.
. •
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include Attachment H, which lists 2010 and 2012 Conservation
Futures Levy Allocations for the Federal Way CFL (Hylebos Creek) acquisition Project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include Attachment H, which lists 2010 and
2012 Conservation Futures Levy proceeds allocations for the Federal Way CFL (Hylebos Creek)
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 H to be used
for the Projects listed in Attachments A through H. The City may request
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
Projects
through H. The County assumes no obligation for the future support of the
Projects described herein except as expressly set forth in this agreement.
Amendment 4: Attachment H
The attachments to the interlocal agreement are hereby amended by adding Attachment H,which
is hereby attached to the interlocal agreement, incorporated therein and made a part thereof.
In all other respects,the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall 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 S UNTY
CITY OF FEDERAL WAY
_____11417.■,,,,,_9''..--
Do / st. ine Skip Priest
Kinj'ounty ...xecutive Mayor
Date //;2s-/1207) Date S4. --rikx-t—r'^-, n5.i 201
Acting under the authority of Acting under the authority of
Ordinances 17043 and17345 Ordinance:
Dated:
Approved as to form: Approved as to form:
Afe, Y /51,1Aehdtt--
or
dv
DA SATTERBERG
/ King County Prosecuting Attorney City Attorney
ATTACHMENT H
2012 CONSERVATION FUTURES LEVY
CITY OF FEDERAL WAY ALLOCATION
Jurisdiction Project Allocation
Federal Way Federal Way CFL (Hylebos Creek) $ 258,000
(Ordinance 16932)
Federal Way Federal Way CFL (Hylebos Creek) $ 300,000
(Ordinance 17232)
TOTAL $ 558,000
Project Descriptions:
Ordinance 16932:
315722—Federal Way CFL (Hylebos Creek) S 258,000
$258,000 in CFT funds is proposed to be allocated to this project, which has a goal of acquiring
riparian habitat on Hylebos Creek, from the abandoned Federal Way Camp Kilworth CFT
project. Also added to the scope of this project is a 6.5 acre parcel adjacent to Enticknap Wetland
on Hylebos Creek, which is part of this project.
Ordinance 17232:
315722—Federal Way CFL (Hviebos Creek) S 300,000
2012: $300,000 is added to this multiple-parcel project, with a first priority of up to 14 acres of
fee simple or conservation easement habitat lands in the Hylebos Creek project scope, and in
addition to add one fee acquisition property and three conservation easement properties to the
project scope. The project is located on Hylebos creek in Federal Way between South 373rd
Street and South 356th Street near the Pacific Highway.
City of Federal Way—Hylebos Creek $ 558,000
•
RETURN TO: 3juttiv72e/ . —XT: i 9b3 •
CITY OF FEDERAL WAY LAW DEPARTMENT ROL ) y:
1. ORIGINATING DEPT/DIV: PUBLIC WORKS// 1, �1.
2. ORIGINATING STAFF PERSON: L'O / 19Lk l 71 EXT: . 7 5') 3. DATE REQ.BY:
4. TYPE OF DOCUMENT(CHECK ONE): / 1
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): 052. ❑ INTERLOCAL
❑ OTHER ,q Ant/5/�j�,
5. PROJECT NAME: O// 7 pa( l l e c1
6. NAME OF CONTRACTOR: 14/1( (() - - - -
ADDRESS: d 1 c L ) -'C s� �t:�C� TELEPHONE: 7 /'7b
E-MAIL: �y FAX: Cr 1, `
SIGNATURE NAME: DO vV wiry"�l ,fl bl e/ TITLE: Ki i i C . 'P(LI'//v'c,`
7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE#, BL,EXP. 12/31/ UBI# ,EXP._/_/_
8. TERM: COMMENCEMENT DATE: COMPLETION DATE: ferineLeitell±-
9. TOTAL COMPENSATION:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
❑ PURCHASING: PLEASE CHARGE To:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
PROJECT MANAGER ///9/2.//
jDIVISION MANAGER I' e.
Id* )(DEPUTY DIRECTOR �r� vLv il>
Ip/21IIp DIRECTOR
11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: II.(CL - COUNCIL APPROVAL DATE: /41 f.%2V/L>
12. CONTRACT SIGNATURE ROUTING f '�I g` 1`
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 1/51-1/)1 DATE REC'D:"I zR/1,1
❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE C IFICATE,LICENSES,EXHIBITS
TIAL/DATE SIGNED
i/tj a g `'� �C ( 17-
1 AWDEPT F � ��l I V§IGNATORY Ilt / NI1Ip E IVAM
CITY CLERK !
4
?I-ASSIGNED AG# AG# I 052- Imo___ '
yL SIGNED COPY RETURNED DATE SENT: 5'2. 1`
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE .6"ORIGINALS P J � ft 777//s 4z
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•
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 through the procedures set forth in Ordinance 8867, as amended by Ordinance 14714. This
amendment is entered into to provide for the allocation 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 Interlocal Cooperation
Agreement entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the following 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 Hylebos Creek open space acquisition project, and hereafter reads:
• On November 24, 2008, the King County Council passed Ordinance 16312, which
appropriated a total of One Hundred and Thirty Two Thousand Dollars ($132,000) in
Conservation Futures Levy proceeds to the City of Federal Way for the Enticknap
Wetland acquisition Project. On April 6, 2009, the King County Council passed
Ordinance 16442, 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 16312.
• On September 21, 2009, the King County Council passed Ordinance 16661, which
authorized a change in the scope of the City of Federal Way Hylebos Creek acquisition
Project to include property in the Enticknap Wetlands Conservation Futures acquisition
Project, and an additional parcel under the same ownership as the Enticknap Wetlands
project scope. On May 24, 2010 the King County Council passed Ordinance 16842,
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 16661.
Amendment G
Annual CFT Interlocal Federal Way-King County
2008 CFT proceeds and 2009 Project scope modification
-1-
• •
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include Attachment G, which lists a 2008 Conservation
Futures Levy Allocation for the Enticknap Wetlands acquisition Project, and a
2009 Project scope modification for the Hylebos Creek acquisition Project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include Attachment G, which lists a 2008
Conservation Futures Levy proceeds allocation for the Enticknap Wetlands acquisition Project,
and a 2009 Project scope modification for the Hylebos Creek acquisition Project:
Su bject to the terms of hi s agreement,the County will provide Conservation
Futures Levy Funds in the amounts shown in Attachments A through G to be used
for the Projects listed in Attachments A through G. The City may request
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 G. The County assumes no obligation for the future support of the
Projects described herein except as expressly set forth in this agreement.
Amendment 4: Attachment G
The attachments to the interlocal agreement are hereby amended by adding Attachment G, which
is hereby attached to the interlocal agreement, incorporated therein and made a part thereof.
In all other respects,the terms, conditions, duties and obligations of both parties shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
Amendment G
Annual CFT Interlocal Federal Way-King County
2008 CFT proceeds and 2009 Project scope modification
-2-
• •
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF FEDERAL WAY
•
Dow Constantine
King County Executive Mayor
/ / / o 1t
Date -3 r�` Date
Acting under the authority of Acting under the authority of:
Ordinance 16442 and 16842: CouLv ci I motion,
Dated: Dated: /47/20l0
Approved as to form: Approved as to form:
KA SATTERBERG PATRICIA RICHARDSON
ing County Prosecuting Attorney City Attorney
Amendment G
Annual CFT Interlocal Federal Way-King County
2008 CFT proceeds and 2009 Project scope modification
-3-
• •
ATTACHMENT G
2008 and 2009 CONSERVATION FUTURES LEVY
CITY OF FEDERAL WAY ALLOCATION
Jurisdiction Project Allocation
Federal Way Enticknap Wetland $ 132,000
(Ordinance 16312)
Federal Way Hylebos Creek(Scope change) $ 0
(Ordinance 16661)
TOTAL $ 132,000
Project Descriptions:
315783 -Enticknap Wetland
$132,000
Enticknap Wetland project consists of the acquisition of a 6.35 acre property located on Hylebos
Creek, north of S 373rd Street and east of 12th Avenue S., in a headwater of the greater Hylebos
Creek system. The property contains important salmonid habitat and offers an opportunity for
habitat restoration and for removal obstructions to fish passage in the Hylebos system.
315722 -Hylebos Creek $ 0 (Scope change)
This is a scope change for this multiple parcel project that has a goal of acquiring riparian habitat
on Hylebos Creek. The expanded scope would include parcels that are also within the nearby
Enticknap Wetlands CFT project, which was funded last year by King County and is also located
on Hylebos Creek. The added property would be a portion of a parcel under the same ownership
in the Enticknap wetlands project scope. The first acquisition priority of this project would thus
be the Enticknap wetlands properties, and the second priority would be the remaining properties
in the Hylebos project in the original project scope.
City of FEDERAL WAY $ 132,000
Amendment G
Annual CFT Interlocal Federal Way-King County
2008 CFT proceeds and 2009 Project scope modification
DATE IN: I DATE OUT: • I TO: .1 ._ 6,me-/j
CITY OF FEDERAL WAY LAW DEPARTMENT
SCANNED
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIV: R(.bik' In;' S SlfVii. J
2. ORIGINATING STAFF PERSON: RUC/ 311C-4(h EXT: a7.50 3. DATE REQ.BY: ,
4. TYPE OF DOCUMENT REQUESTED(CHECK ONE)
❑ PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT(E.G.AGREEMENT&
❑ MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND;ASSIGNMENT OF FUNDS IN LIEU OF BOND)
❑ PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT
❑ SMALL PUBLIC WORKS CONTRACT (E.G.,RFB,RFP,RFQ)
(LESS THAN$200,000) (`CONTRACT AMENDMENT; AG#: y L?-- Q 5j Z.(,3)
❑ PURCHASE AGREEMENT) ❑ CDBG
(MATERIALS,SUPPLIES,EQUIPMENT) OTHER jf,+irlO( _Arnev/ c I'/!(i ,
❑ REAL ESTATE DOCUMENT Operl St9aCe,A :'14tm �?
5. PROJECT NAME: ,5-1I l hp,j-ka.� C1 opt-) SpaC.i--- A c f fruSi 1i 0 -- f YOJ CC S-
6. NAME OF CONTRACTOR: Jt fl� re, C�
ADDRESS: ,� TELEPHONE
SIGNATURE NAME: /L r ; r TITLE kir) (lour 6XecuJ,•i.9
I
7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT
❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE
8. TERM: COMMENCEMENT DATE: COMPLETION DATE:
9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
10. CONT CT REVIEW il • /DATE APPROVE INITIAL/DATE APPROVED
OJECTMANAGER,5 ! ''�! j '
� 7.on /5-09•01
XDIRECTORo)iPU-T&j 5.<AI 01 ‘k - - - --7' AU-
ATAW 6I.840-
A IU J o C o LLIo N (urt) -I/i 7/o'7
11. CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED
K LAW DEPARTMENT 'v-; . 7 .
A A-sS 7CITYMANAGER C#12-L( /104.-1137 _ r .ri +I-'
g CITY CLERK 'i/q/07 tiah.��,,- .$/ '7/MI
/ 15Y SIGN COPY BACK TO OR INATTN(DEPT.
AASSIGNEDAG# C10" -� /' A
❑ PURCHASING: PLEASE CHARGE TO: Pall fa ,� (64
OMMENTS •
i
Th rv- co,its It-iv fit, si,nod .
i. . ft . , , 29 . 4 O' rte/ I.
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RI ir ,5 Ca n.iu 4- A6 a•sSonM't.ei -f.
• •
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
through the procedures set forth in Ordinance 8867, as amended by Ordinance 14714. This
amendment is entered into to provide for the allocation 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 Interlocal Cooperation
Agreement entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
Two paragraphs are hereby added to the Recitals Section to provide for a Conservation
Futures Levy Fund allocation for the Federal Way Hylebos Creek (Critical Habitat
Preservation) acquisition project, and for the Federal Way Hylebos Creek (Spring Valley)
acquisition project,which reads:
• On November 24, 2003, the King County Council passed Ordinance 14797,
which appropriated a total of Three Hundred and Twenty Thousand Dollars
($320,000) in Conservation Futures Levy proceeds to the Hylebos Creek
(Critical Habitat Preservation) Project and on April 9, 2007, the King County
Council passed Ordinance 15711, authorizing the King County Executive to
enter into an interlocal agreement with the City of Federal Way for the
- 1 -
•
disbursement of Conservation Futures Funds to the City of Federal Way
Hylebos Creek project authorized in Ordinance 14797.
• On October 3, 2005, the King County Council passed Ordinance 15295, which
appropriated a total of Four Hundred Thousand Dollars ($400,000) in
Conservation Futures Levy proceeds to the Hylebos Creek (Spring Valley)
Project and on April 9, 2007, the King County Council passed Ordinance
15711, authorizing the King County Executive to enter into an interlocal
agreement with the City of Federal Way for the disbursement of Conservation
Futures Funds to the City of Federal Way Hylebos Creek project authorized in
Ordinance 15295.
Amendment 2: Article V. Conditions of Agreement
Section 5.1 is amended to include references to Attachment"E", which lists a 2003
Conservation Futures Levy Allocation for the Hylebos Creek (Critical Habitat
Preservation) Acquisition Project, and Attachment "F", which lists a 2005 Conservation
Futures Levy Allocation for the Hylebos Creek(Spring Valley) Acquisition Project.
Amendment 3: Article VII. Responsibilities of County
The first two sentences of this article are amended to include references to Attachment
"E", which lists a 2003 Conservation Futures Levy Allocation for the Hylebos Creek
(Critical Habitat Preservation) Acquisition Project and Attachment "F", which lists a 2005
Conservation Futures Levy Allocation for the Hylebos Creek (Spring Valley) Acquisition
Project as follows:
Subject to the terms of this agreement, the County will provide Conservation
Futures Levy Funds in the amounts shown in Attachments "A" through "F" to be
used for the projects listed in Attachments "A" through "F". The City may
request 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 "F". 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 shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall be attached to the existing Interlocal Cooperation Agreement.
- 2 -
I
• •
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF FEDERAL WAY
-di Aar .,.a "4 4
Ron Si Ca . Roe Iar.E.
King C.cif' xecutive Assistant City Manager/Emergency Manager
8 3 -0 iNoq-
Date Date
Acting under the authority of Ordinance 15711 ATTEST:
Dated: April 9, 2007
(40/
OLaur K. Hathaway, CMCit Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
_
KING COUNTY CITY OF FED . L WAY
U I hteele
�
6r
h'- ,/ounPseZi/nf AtoiLrne d�'/M Patricia A. Richardson
City Attorney
K:\CONTRACT\2007\2003-2005 Federal Way CFT ILA Amendments E&F.doc
- 3 -
• •
ATTACHMENT "E"
2003 CONSERVATION FUTURES LEVY ALLOCATION
CITY OF FEDERAL WAY
Jurisdiction Project Allocation
Federal Way Hylebos Creek(Critical Habitat Preservation) $ 320,000
TOTAL $ 320,000
Project Description:
Hylebos Creek (Critical Habitat Preservation): This project consists of approximately
63 acres along Hylebos Creek on several parcels north of South 376th Street in Federal
Way. The properties contain riparian habitat important for the protection of salmonid
species in Hylebos Creek.
City of Federal Way—Hylebos Creek(Critical Habitat Preservation) $ 320,000
- 4 -
•
• •
ATTACHMENT "F"
2005 CONSERVATION FUTURES LEVY ALLOCATION
CITY OF FEDERAL WAY
Jurisdiction Project Allocation
Federal Way Hylebos Creek(Spring Valley) $ 400,000
TOTAL $ 400,000
Project Description:
Hylebos Creek (Spring Valley): This project consists of approximately 63 acres along
Hylebos Creek on several parcels north of South 376th Street in Federal Way. The
properties contain riparian habitat important for the protection of salmonid species in
Hylebos Creek.
City of Federal Way—Hylebos Creek(Spring Valley) $ 400,000
- 5 -
RETURN TO: PW ADMIN EXT: 2700 ID#:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/
2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ.BY:
3. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE /� / ❑ RESOLUTION
CONTRACT AMENDMENT(AG#):q-v ✓ AINTERLOCAL
OTHER
4. PROJECT NAME:a a yV /l /ty
Q FLA
5. NAME OF CONTRACTOR: vi Yj CINYchi V \
ADDRESS:
L TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: TITLE:
6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /_
7. TERM: COMMENCE NT DATE:ab COMPLETION DATE:
8. TOTAL COMPENSAT N:$ (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED N H R CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES •NO IF YES,$ PA II I Y: ❑CONTRACTOR ❑CITY
RETA GE: RETAINAG AMOUN ❑RETAINAGE AG• EME TIC E CON •ACT) •'40, • PROVIDED 0 ro.- _ . i I i• . • 1 A --Ai
❑ U a 9. Docu ENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ ROJECT MANAGER
• - ISION MANAGER
i D • TY ►I' CTO •
, Ash g Frew r
• • •R /'..1111-VP AY.I% FA'
■ R` ANAGEMEN ( L
❑ LAW DEPT
10. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT CI+h Sill F' Lj`(Q toi-
1
S[GNATORY(P1AI�+�po➢ nTR Tnu)
❑ CITY CLERK
ASSIGNED AG# AG# gO-O542C-
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE" "ORIGINALS
4/2017
• •
King County
Department Of Natural Resources And Parks
Water And Land Resources Division
Open Space Acquisitions Unit
;,; ' ;II
Attention: Pat Ross 1' i 'I"
MS—KSC-NR-600 1 ,1 ,11
'1 d. ,
201 SOUTH JACKSON, SUITE 600 , I; ;
Seattle, WA 98104-1614 II "i ;, '1,
(206)296-8337
(206)296-0192 FAX KC OPT OF NAT WV 8.00
rfarinerl 13:51
2•046- t2500 1443
Nam,. COLATY, NA
Amendment to Conservation Futures
Interlocal Coo seration A_reement
Between KM Count and the Cit of Federal Wav for
Open Space Acquisition Projects
June 25,2004
Department: DNRP/WLRD Capital Projects & Open Space Acquisitions
Section
Parties City of Federal Way and
King County
Project: Conservation Futures
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 allocation 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 Inter local Cooperation
Agreement entered into between the parties on the 5th day of June, 1990, as previously amended.
The parties agree to the following amendments:
Amendment 1: Article L 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 Dollars($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 Agreement
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 I), 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 1)
Annual CrT Interlocalt,11)H2A1,WAY-King County
1 2003 CC!'proceeds
• •
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 shall remain the
same as agreed to in the Interlocal Cooperation Agreement as previously amended.
This document shall 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 OF FEDERAL WAY
g11 I
By(
Ron Sims Davi H. Mo cloy, City Manag
King County Executive 33530 Way South
P.O. Box 9718
Federal Way, WA 98063-9718
Date: Date
Acting under the authority of Acting u der he .uthotity of
Ordinance 14852 Ordinance:(W41011 40 avAtt0n2e,
fAit, cc,alectiri3
T
Ci y Clerk,N. Christine Gr en, CMC
Approved as to form: Approved as to form:
NOR/ "A LEN G if PATRICIA A. RICHARDSON
Kin minty Prosecuting Attorney City Attorney
Amendment I)
Annual CFI'interlocal FEDIiRAI WA Y-KIng County
2003 CPT proceeds
2-
•
ATTACHMENT D
2003 CONSERVATION FUTURES LEVY
CITY OF FEDERAL WAY
ALLOCATION
Jurisdiction Project Allocation
FEDERAL WAY Lakota Wetland Acquisition $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
AI-much-Trail
Annual CPI I Interlocal H OWR Al WAY-King County
2003 r procewq
-1
RETURN TO: PW ADMIN EXT: 2700 ID#:
C ITY OF WAY LAW DE P A RTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/
2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ.BY:
3. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
�/❑ ORDINANCE ❑ RESOLUTION
1�CONTRACT AMENDMENT(AG#):e30-05-a-- INTERLOCAL
�❑ THER 'yam
4. PROJECT NAME:CD LXiI Va,�V� I I/1i 1 s Birk
5. NAME OF CONTRACTOR: ∎1( `O CUM-4- t 1/ UZP
ADDRESS: jJ TELEPHONE:
E MAIL: FAX:
SIGNATURE NAME: TITLE:
6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /_
7. TERM: S • MENTOATE: COMPLETION DATE:
8. TOTAL COM NS 1 $ 3 A� E (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALC A I 0 RL ABOR CH G �TTACH SC ULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBUR :LE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED: ❑YES ❑N• IF YES,$ PAID BY: ❑CONTR• TOR ❑CITY
RETAIN GE: RETAINAGE AM UNT: ❑RETAINAGE AGREEM T CO' "ACT) OR i RETAINA BO I PROVIDED
❑ '.� I G' EA t 1 . 11,1 ' la ♦ • Li, I4 / I
9. Docu I NT WIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ 'ROJECT MANAGER
❑ DIV •N MANAGER
❑ DE T D IRECTOR VI.�� AO. inS
❑ RIS' tr.• EMENT scar1-
•
❑ LAW S EPT
10. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT
X.SIGNATORY _ . . 7ataL9
❑ CITY CLERK p
YLASSIGNED AG# AG# Ld-O 5D-13
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE" "ORIGINALS
4/2017
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND CITY OF FEDERAL WAY
FOR OPEN SPACE BOND ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established
a Conservation Futures Fund and appropriated proceeds to King
County, the City of Seattle, and certain suburban cities.
Ordinance 9430 provided for the use of Conservation Futures Funds
collected in the years 1990 through 1993 for the completion of
projects as set forth in Ordinance 9071. This amendment is
entered into to provide for the allocation of additional funds
made available for project completion. The parties have agreed
to amend the existing Interlocal Cooperative Agreement to provide
for additions in the references to the fund allocation.
THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY
("City") and KING COUNTY, and amends and attaches to and is part
thereof of the existing Interlacal Cooperation Agreement entered
into between the parties, dated the 5th day of June ,
19 90 .
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
The fourth paragraph of the Recitals Section is hereby amended to
provide for the 1991 allocation, and hereafter reads:
"On May 26, 1992, the King County Council passed
Ordinance 10392, which appropriated a total of
$5,400,000 in Conservation Futures Levy proceeds to
Xing County, the City of Seattle and suburban cities.
The Council, by Motion 8663, has approved the
allocation of 1991 Conservation Futures Funds to the
jurisdictions and authorized the King County Executive
to enter into interlocal cooperation agreements with
the suburban cities in order to initiate the approved
projects."
Amendment 2: Micle VII. Re ponsjbi]ity of County
The first two sentences of this article are amended to include
Attachment C, which lists the 1991 Suburban Conservation Futures
Allocation, and hereafter reads:
OP?OF
OPdI+C�'
�
Interlacal A sndj*ent 1�j�p 31992 ? June 17, 1992
l!TOCtAt of RcC0 d�
ORIGINAL
"Subject to the terms of this agreement, and the
conditions listed in Attachment C, the County will
provide Conservation Futures Levy Funds in the amount
shown in Attachments A, B and C. The City may request
additional funds; however, the County has no obligation
to provide funds to the City in excess of the amount
shown in Attachments A, B and C."
In all other respects, the terms, conditions, duties and
obligations of both parties shall remain the same as agreed to in
the Interlocal Cooperative Agreement.
This document shall be attached to be a part of the existing
interlocal Cooperative Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties
hereto have signed their names in the spaces set forth below:
KING COUNTY CITY OF FEDERAL WAY
LO Ls-AU& /AAP'
TIr HI
n,#i• ,�Anty Execu ive
/4"Vit nager
CQUt4I r EXECJjIiVa
(r.'' _c - ?;4442
Date Date
Acting under the authority of Acting under the authority of
Motion Number YLeCe 3
Date
Approved as to form: Approld as to form:
OItMLEN k1' ty Attorney
King County Prosecuting Attorney
ATTEST:
City Clerk
Intsrlocal Aaendaent 2 June 17, 1992
ATTACEMENT C
1991 CONBERVATION FUTURES
KING COUNTY, CITY OF FEDERAL WAY
AND SUBURBAN CITIES ALLOCATIONS
Jurisdiction Project Allocati9n
King County Greenwood Property $1,000,000
King County Swamp Creek 575,000
Seattle Northeast Queen Anne Greenbelt 1,000,000
Seattle Belltown P-Patch 300,000
Seattle North Beach Natural Area 200,000
Bellevue South of I-90 150,000
Federal Way Adelaide/Lakota 100,000
Kirkland Juanita Bay Park 335,000
Mercer Island Southeast 53rd Place Greenbelt 100,000
Renton Black River Forest 1,500,000
Tukwila Macadam Wetland 140,000
TOTAL $5,400.000
Conditions
City of Seattle - Belltown P-Patch is located at the
northeast corner of Vine Street and Elliott Avenue in The
City of Seattle. This allocation is made subject to the
condition that The City of Seattle acquire all five parcels
within this Project.
City of Renton - Black River Forest is a multi-parcel
project located in the City of Renton on Oakdale Avenue.
This allocation is made subject to a plan of acquisition of
property within the project that provides for public access
and wildlife habitat protection as approved by the Executive
in an interlocal agreement with the City of Renton.
Interlocal Amendment 3 Jun* 17, 1992
RETURN TO: PW ADMIN EXT: 2700 ID#:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT/DIV: PUBLIC WORKS/
2. ORIGINATING STAFF PERSON: EXT: 3. DATE REQ.BY:
3. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE JAG ❑ RESOLUTION
N6CONTRACT AMENDMENT(AG#):�w r/:2--- XINTERLOCAL
OTHER
4. PROJECT NAME: CeJ t6e./ V,1`-'/I } ✓mo w F■ k"l
5. NAME OF CONTRACTOR: 14119 V' ✓i�'"I/
ADDRESS: �`�J TELEPHONE:
E-MAIL: FAX:
SIGNATURE NAME: TITLE:
6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER
REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /_
7. TERM: COMMENCEMENT DATE: COMPLETION DATE:
8. TOTAL CO A I' • ' •N: L .' CLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATE ON Y I • :♦ 'GE-ATT• H - . LES OF E ii■� EES TITLES AND HOLIDAY RATES)
REIMBURSABLE XP I SE: YES 0 IF YE' M• • DOLLAR •.• •U .
IS SALES TAX 0 'ED: ❑YES ❑NO IF YES,$ PAID BY: ❑CONTRACTOR ❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED
sub
❑ PURCHAS G: PLEASE CHAR. TO:
9. DI 1 ID • • -ear,DAT; EV' • �� DATE APPROVED
■ •J
r DIVISION MANAGER
DE'UTY DIRECTOR
❑ 1' CTOR
R . / , ; ,• ' -AP çJ&LAu) &v/I purpetses
❑ E '
10. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
11. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.)
INITIAL/DATE SIGNED
❑ FINANCE DEPARTMENT
❑ LAW DEPT //
XSIGNATORY : 4: '-4:') UfaIOL`tc
❑ CITY CLERK
X ASSIGNED AG# AG#(10-05o t
❑ SIGNED COPY RETURNED DATE SENT:
❑RETURN ONE ORIGINAL
COMMENTS:
EXECUTE" "ORIGINALS
4/2017
ORIGINAL
46
AMENDMENT TO THE INTERLOCAL COOPERATION AGREE
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WA Y � �
.
SUBURBAN CITY OPEN SPACE ACQUISITION PROJECTS
Preamble
The King County Council, through Ordinance 9128, has established
a Conservation Futures Fund and appropriated proceeds to King
County, the City of Seattle, and certain suburban cities.
Ordinance 9430 provided for the use of Conservation Futures Funds
collected in the years 1990 through 1993 for the completion of
projects as set forth in Ordinance 9071. This amendment is
entered into to provide for the allocation of additional funds
made available for project completion. The parties have agreed
to amend the existing Interlocal Cooperative Agreement to provide
for additions in the references to the fund allocation.
THIS AMENDMENT is entered into between the CITY OF FEDERAL WAY
( "City" ) and KING COUNTY, and amends and
Y
attaches to and is a part thereof of the existing Interlocal
Cooperation Agreement entered into between the parties, dated the
29 th day of March , 1990
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
The third paragraph of the Recitals Section is hereby amended to
provide for future allocations of Conservation Futures Funds.
The opening sentence of paragraph three hereafter reads:
The Open Space Citizens Advisory Committee has recommended
allocation of conservation Future Funds from the suburban
City Open Space Acquisition Projects following notification
to the suburban cities that funds were available, provision
of an opportunity for the suburban cities to respond and
receipt by the committee of requests for funding, all
pursuant to Ordinance 8867.
The fourth paragraph is also amended to provide for the 1990
allocation, and hereafter reads:
O n S e ptember 16, 1991, the King Count y Council
p assed
Ordinance 10104, which appropriated a total of $1, 100,000 in
Conservation Futures Levy proceeds to suburban cities. The
Council, by Motion 8361, has approved the allocation of 1990
Conservation Futures Funds to the suburban cities and
authorized the King County Executive to enter into
interlocal cooperation agreements with the suburban cities
in order to initiate the approved projects.
•
Amendment 2 : Article VII, Responsibility of County
The first two sentences of this article are amended to include
attachment B, which lists the 1990 Suburban Conservation Futures
Allocation, and hereafter reads:
Subject to the terms of this agreement, the County will
provide Conservation Futures Levy Funds in the amount shown
in Attachments "A" and "B" . The City may request additional
funds; however, the County has no obligation to provide
funds to the City in excess of the amount shown in
attachments "A" and "B" .
In all others respects, the terms, conditions, duties and
obligations of both parties shall remain the same as agreed to in
the Interlocal Cooperative Agreement.
This document shall be attached to be a part of the existing
Interlocal Cooperative Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties
hereto have signed their names in the spaces s et forth below:
®®
KING COUNTY CITY OF / e.4( 1/
Ad4ik-- i , �. Air
TI IL BY: City Manager
K' g Count xecutiv=
7,",/ 4//9 P4 Date / Date /
Acting under the authority Acting under the authority
of Motion Number of Council Motion passed November 19,1991
Date //- /9- /
Approved as to form: e •proir-d as to form:
C' :'
NORM ENG City Attorney
King County Prosecuting Attorn ATTE' .
/7‘---
Airt, . A11A`„
t' Cle .' '
ATTACHMENT B
1990 CONSERVATION FUTURES
SUBURBAN CITIES ALLOCATION
Jurisdiction Project Allocation
Bellevue Mercer Slough (Moon/Ross) $100,000
Bellevue Kelsy Creek Park $100,000
Bothell Bothell Landing $100,000
Des Moines North Midway Park $100,000
Federal Way S.W. 363rd Open Space $100, 000
Kent Lake Fenwick Trail $100, 000
Mercer Island S.E. 53rd P1. Open Space $100,000
North Bend Tolgate Farm $100,000
Renton Lake Washington Vistas $100,000
Renton Black River Forest $200,000
TOTAL $1, 100,000
c\:interloc.cff/10-07-91 13
INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY
A,/,),)-4,
AND THE CITY OF
/ v u
SUBURBAN CITY OPEN SPACE ACQUISITION PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is entered into
between the CITY OF `, ,.„ / J? U, . ( "City" ) and KING COUNTY
( "County" ) .
Article I . Recitals
On September 21, 1989, the King County Council passed
ordinance number 9128, which established a Conservation Futures
Levy Fund and appropriated a total of $2,900,000 in conservation
futures levy proceeds to King County ($1 ,100,000) , the City of
Seattle ($1,100,000) and suburban cities ($700,000) .
Ordinance 9128 also established conditions for use of the
Fund, including conditions covering allowable projects, costs and
expenses.
The Open Space Citizens Advisory Committee has
recommended an initial allocation of Conservation Futures funds
from the Suburban City Open Space Acquisition Project following
notification to the suburban cities that funds were available,
provision of an opportunity for the suburban cities to respond and
receipt by the committee of requests for funding, all pursuant to
ordinance 8867.
• .
The King County Council by motion number 7742 has
approved the initial allocation and authorized the Ring County
Executive to enter into interlocal cooperation agreements with the
suburban cities in order to initiate the approved projects.
Pursuant to King County ordinance 9128, King County
motion 7742, Washington Statute chapter 84.34 RCW and Washington
Statute chapter 39.34, the parties agree as follows:
Article II . Definitions
1. Open Space
The term "open space" or "open space land" means (a) any
land area so designated by an official comprehensive land use plan
adopted by any city or county and zoned accordingly or (b) any
land area, the preservation of which in its present use would ( i)
conserve and enhance natural or scenic resources, or (ii) protect
streams or water supply, or (iii) promote conservation of soils,
wetlands, beaches or tidal marshes, or (iv) , enhance the value to
the public of abutting or neighboring parks, forests, wildlife
reserves, natural reservations or sanctuaries or other open space,
or (v) enhance recreational activities, or (vi) preserve historic
sites, or (vii) retain in its natural state tracts of land of not
less than five acres situated in an urban area and open to public
- 2 -
• •
use on such conditions as may be reasonably required by the
legislative body granting the open space classification.
(2) Project.
The term "Project" means specific projects which meet
open space criteria as described in Ring County ordinance 8867,
section 1, and RCW 84.34.020 and which are attached to and
incorporated by reference in Ring County ordinance number 9071 or
added to the list of approved projects by the County.
(3) Conservation Futures.
The term "conservation futures" means developmental
rights which may be acquired by purchase, gift, grant, bequest,
devise, lease, or otherwise, except by eminent domain, and may
consist of fee simple or any lesser interest, development right,
easement, covenant, or other contractual right necessary to
protect, preserve, maintain, improve, restore, limit future use
of, or otherwise conserve open space land, all in accordance with
the provisions of Washington statute chapter 84 .34 and Ring County
ordinance number 8867.
Article III . PURPOSE OF THE AGREEMENT
The purpose of this agreement is to create a cooperative
arrangement between the City and the County relating to the
Projects and to define the terms and conditions governing both
parties' obligations created by this agreement.
• •
Article IV. TERM OF AGREEMENT
This agreement shall be and continue in full force and
effect and binding upon the parties hereto upon execution of the
agreement by both parties. The term of the agreement shall be
indefinite. The agreement will be terminated if the City is
unable or unwilling ( i) to expend the funds provided through this
agreement, (ii) satisfy the matching requirements contained in
this agreement and (iii) upon reimbursement by the City to the
County of all unexpended funds provided by the County pursuant to
this agreement in the manner and amounts described below.
Article V. CONDITIONS OF AGREEMENT.
Section 5.1 Project Description. Funds available
pursuant to this agreement may be used only for Projects listed in
attachment A, which is incorporated herein by reference, or such
substituted Projects as may be approved by the County as set forth
below. All County funded Projects must meet open space criteria
as described in King County ordinance 8867, section 1, and
Washington Statute chapter 84 .34 .020 RCW.
Section 5.2. Use of Funds. Funds provided to the City
pursuant to this agreement as well as funds provided by the City
as match pursuant to this agreement may be used only for expenses
related to property acquisition. Those expenses include
appraisals, title searches, negotiations, administrative overhead,
- 4 -
•
and the cost of actual acquisition or purchase options, all in
accordance with the provisions of section 3 of Ordinance 9128.
Funds utilized pursuant to this agreement may not be used to
purchase land obtained through the exercise of eminent domain.
Section 5.3. Substitution/Deletion of Projects.
If the City does not proceed with the Projects described
in Section 5.1 of this agreement, the City may reimburse the
County all funds provided by the County less approved expenses
previously incurred in good faith to acquire the property for open
space, plus accrued interest earnings on the unexpended balance.
Alternatively the City may submit specific requests for project
reprogramming to the County for its approval. All projects
proposed for reprogramming must meet open space criteria as
described in King County ordinance 8867, section 1, and Washington
statute 84.34.020 RCW, be submitted to and recommended by the
County's Citizen oversight Committee or its successor and be
approved by action of the King County Council. All reprogramming
requests shall be submitted to the County's Department of Parks
Planning and Resources.
Section 5.4 Eminent Domain. If any Project requires the
exercise of eminent domain to acquire the property all funds
provided pursuant to this argument plus accrued interest on such
- 5 -
funds shall be reprogrammed as provided in this agreement or
repaid to the County.
Article VI. Responsibilities of the City.
Section 6.1 Matching Requirements. Any Project funded
by Conservation Future Levy proceeds shall be supported by the
City in which the Project is located with a matching contribution
which is no less than the amount of Conservation Futures Levy
funds allocated to the Project. This contribution may be in the
form of cash, land trades with a valuation verified by an
appraisal conducted by a MAI certified appraiser, or credits for
other qualifying open space acquired on or after January 1, 1989.
Any City match, other than cash, shall require County approval.
County approval and County acceptance of the City's cash match
will be transmitted in writing to the City by the Manager of the
County' s Office of Open Space or his successor in function.
If the Project involves two or more suburban cities,
those cities shall determine the allocation of contributions to
the matching requirements of this agreement, so long as the total
match is no less than the amount of Conservations Futures Levy
funds provided by the County.
Such contribution must be available within two years of
the City's application for County funds to support Projects
identified herein or approved substitute Projects.
- 6
If such commitment is not timely made, the County shall
be released from any obligation to fund the Project in question,
and the City shall reimburse the County all funds provided to the
City pursuant to this agreement plus accrued interest on such
funds. All such monies will be available to the County to
reallocate to other approved Projects. By appropriate legislature
action taken not more than 60 days following the effective date of
this agreement, the City shall commit to contribute its required
match.
Section 6.2. Project Description.
As part of the application to receive Conservation
Futures Levy funds from the County, the City shall submit the
following information concerning each project: (1) a narrative
description of the project; (2) a description of the specific uses
for Conservation Futures Levy funds in the Project; (3) a
description of the means by which the City will satisfy the
matching requirements contained in this agreement; and (4) if the
City has more than 20,000 population, the City must certify that
the Project is compatible with an approved open space master plan
or its equivalent and provide such plan to the County.
Section 6 .3. Reporting.
All funds received pursuant to this agreement and accrued interest
therefrom will be accounted for separately from all other City
- 7 -
I
. •
funds, accounts and monies. Until the property described in the
Project is acquired and all funds provided pursuant to this
agreement expended, the City shall provide quarterly written
reports to the County within 30 days of the end of each relevant
time period. The quarterly report shall contain the following
information: (a) an accounting of all cash expenditures and
encumbrances in support of the Project; (b) the status of each
h approved time line; and c other
Project and any changes to the a ; ( )
Project 9 PP
Y
relevant information requested by the County for the purpose of
determining compliance with this agreement.
Following acquisition of the property and expenditure of
all funds provided pursuant to this agreement, the City shall
provide the County annual reports, within 90 days of the end of
each calendar year, which reports shall specify any change in the
status of the Project during the prior year and any change in the
status of the Project which the City reasonably anticipates during
the ensuing year. All such reports shall be submitted to the
County's Department of Parks, Planning and Resources.
Section 6.4 - Disposition of Remaining Funds.
It is anticipated that Open Space Bond funds will be
available for Projects identified in this agreement. If
allocation of Conservation Futures levy funds to such Projects
produces an excess of revenues over the approved cost of the
Projects, then as to such excess funds, the City will
(i) reprogram such excess funds as set forth in this agreement, or
- 8
. .
ii) justify to the County's satisfaction that such excess funds
are necessary to complete the Project, or iii) repay such excess
funds to the County.
If the City does not expend all funds provided through
this agreement and no substitute project is requested or approved
as to the excess funds, such funds shall be refunded to the
County. For purposes of this section, "funds" shall include all
monies provided by the County plus interest accrued by the City on
such monies.
Section 6.5 . Maintenance in Perpetuity
The City, and any successor in interest, agree to
maintain properties acquired with funds provided pursuant to this
agreement as open space in perpetuity. If the City changes the
status or use of properties acquired with funds provided pursuant
to this agreement to any other purpose, the City shall pay the
County an amount in cash to be mutually determined or substitute
other property acceptable to the County. In either case, the
value of the property shall be established at the time of the
change in status or use, based on the changed status or use and
not based on its value as open space.
At its own cost, the City will provide the County an
independent M.A.I. appraisal in accordance with this section. The
value established by the appraisal will not be binding on the
County. The City shall provide the County with written notice
prior to the change of use and shall reimburse the County within
- 9 -
•
90 days of such notification. Reimbursement not received within
90 days will accrue interest at the then legal rate.
Article VII. Responsibilities of County
Subject to the terms of this agreement, the County will
provide Conservation Futures Levy funds in the amount shown in
attachment A. The City may request additional funds; however, the
County has no obligation to provide funds to the City in excess of
the amount shown in attachment A. The County assumes no
obligation for future support of the Projects described herein
except as expressly set forth in this agreement.
Article VIII Other Provisions
Section 8.1. Hold Harmless and Indemnification.
A. The County assumes no responsibility for the payment
of any compensation, fees, wages, benefits or taxes to or on
behalf of the City, its employees, contractors or others by reason
of this agreement. The City shall protect, indemnify and save
harmless the County, its officers, agents and employees from any
and all claims, costs and losses whatsoever occurring or resulting
from (1) the City's failure to pay any compensation, wage, fee,
benefits or taxes; and (2) the supplying to the City of work,
services, materials or supplies by City employees or agents or
other contractors or suppliers in connection with or in support of
performance of this agreement.
- 10 -
. •
B. The City further agrees that it is financially
responsible for and will repay the County all indicated amounts
following an audit exception, which occurs due to the negligent or
intentional acts or failure for any reason to comply with the
terms of this agreement by the City, its officers, employees,
agents or representatives.
C. The City shall protect, defend, indemnify, and save
harmless the County from any and all costs, claims, judgments, or
awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the City, its officers, employees
or agents. For purposes of this agreement only, the City agrees
to waive the immunity granted it for industrial insurance claims
pursuant to Washington statute chapter 52 to the extent necessary
to extend its obligations under this paragraph to any claim,
demand or cause of action brought by or on behalf of any
employees, including judgments, awards and costs arising therefrom
including attorneys' fees.
Section 8 .2 - Amendment.
The parties reserve the right to amend or modify this
agreement. Such amendments or modifications must be by written
instrument signed by the parties and approved by the respective
City and County councils.
- 11 -
•
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 waiver of any
other term or condition, nor shall a waiver of any breach be
deemed to constitute a waiver of any subsequent breach whether of
the same or different provision of this agreement. No waiver
shall be effective unless made in writing.
Section 7.4 - Entirety.
This agreement is the complete expression of the terms
hereto and any oral representations of understandings not
incorporated are excluded. This agreement merges and supercedes
all prior negotiations, representations and agreements between the
parties relating to the projects and constitutes the entire
agreement between the parties. The parties recognize that time is
of the essence in the performance of the provisions of this
agreement.
- 12 -
. !
IN WITNESS WHEREOF, authorized representatives of the
parties hereto have signed their names in the spaces set forth
below.
RING COUNTY CITY OF /`-r ,--717',1, / h'e', y
/eaaatet___ FOR B yM H L ng Couecutive
Date: MN Q 51000,
Date: vi , r
Acting under authority of Acting undetauthority of
authority of motion number / , �Y � No.
-7742—
A• . o . -d as to orm:
NORM MALENG
King County Prosecuting Attorney
- 13 -
