HomeMy WebLinkAboutAG 09-050 - NRDA & NOAA OFFFICE OF GENERAL COUNSEL GCNR/NW
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RETURN TO: ~
CITY OF FEDERAL WAYLAWDEPA-'NEL
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
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LAW DEPARTMENT ID~1
CITY MANAGER 10 '01
CITY CLERK
INITIALIDATE APPROVED
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02/08
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COOPERATIVE AGREEMENT
AMONG CITY OF FEDERAL WAY, PUY ALLUP TRIBE OF INDIANS,
MUCKLE SHOOT INDIAN TRIBE, WASHINGTON ST ATE DEPARTMENT OF
ECOLOGY, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION,
DEP ARTMENT OF THE INTERIOR, U.S. FISH AND WILDLIFE SERVICE
REGARDING
WEST HYLEBOS CREEK HABITAT RESTORATION PROJECTS
I. PARTIES
This Agreement is entered into among the City of Federal Way and the Commencement
Bay Natural Resource Trustees (Trustees) consisting of: The Puyallup Tribe of Indians (Puyallup
Tribe); The Muckleshoot Indian Tribe (Muckleshoot Tribe); the Washington State Department of
Ecology (Ecology) as lead state natural resource trustee; the National Oceanic and Atmospheric
Administration (NOAA) of the U.S. Department of Commerce; and the U.S. Fish and Wildlife
Service (USFWS) on behalf of the U.S. Department of the Interior (001). The City of Federal
Way and the Trustees collectively shall hereafter be identified as the Parties. This Cooperative
Agreement concerns the management and use of property acquired by the City of Federal Way
with funds provided in part by the Trustees.
II. RECITALS
A. The Trustees, acting under applicable state, federal and tribal law, enter into this
Cooperative Agreement in furtherance of their general responsibilities to restore, replace and
acquire the equivalent of natural resources of the Commencement Bay environment injured by
releases of hazardous substances.
B. The Trustees are also parties to a Memorandum of Agreement Regarding Natural
Resource Damage Assessment in the Commencement Bay, Washington Environment (MOA),
including its First Supplement concerning Coordination in the Use of Natural Resource Damage
. Assessment and Restoration Planning Contributions and Application. of Natural Resource
Damage Recoveries (MOA Supplement). The MOA Supplement provides that the Trustees may
enter into separate agreements or memoranda of understanding to define their respective roles
and responsibilities regarding. habitat restoration projects undertaken by or on behalf of the
Trustees. As between and among the Trustees, the terms of this Cooperative Agreement are
intended to apply in addition to those of the MOA and the MOA Supplement, the terms of which
are hereby incorporated by reference solely for purposes of defining the rights and relationships
among the Trustees.
C. As a consequence of settlements of natural resource damage claims against several
parties, the Trustees have obtained funds, real property and commitments of in-kind services to
be used for natural resource restoration purposes. The Trustees have adopted the
Commencement Bay Natural Resource Damage Assessment Restoration Plan (Commencement
Bay NRDA Restoration Plan) to guide use of the funds, property and services, and have begun
implementing the Commencement Bay NRDA Restoration Plan by identifying potential
restoration projects and suitable project sites. The Commencement Bay NRDA Restoration Plan
includes the east and west branches of Hylebos Creek within the plan's Primary Study Area.
D. Through a resolution of the Trustee Council (Resolution 2003-04, adopted March 11,
2003), the Trustees have agreed to partner with the City of Federal Way, the Friends of Hylebos
and King County in the preservation and restoration of habitat on West HylebQs Creek. Per
Resolution 2003-04 the Trustee Council agreed to contribute up to $155,000 in natural resource
damage funds toward the purchase by the City of Federal Way of a series of parcels along the
creek (the West Hylebos Parcels).
E. Under the authority ofRCW 84.34.200-84.34.250, and King County Code Chapter 26.12,
King County has established a Conservation Futures Fund Program, through which King CmDlty
uses earmarked property tax receipts to acquire rights and interests in open space, wetlands,
habitat areas, farm, agricultural and timber lands. Per King County Code 26.12.010, property or
rights acquired under the Conservation Futures Fund Program are to be subject to covenants and
property restrictions to run with the land in perpetuity and in fulfillment of requirements
necessary to protect, preserve, maintain, improve, restore, limit the future use of, or otherwise
conserve the property for public use or enjoyment. King County is authorized to transfer
property or rights acquired under the Conservation Futures Fund Program, subject to such
covenants and property restrictions, to a city, state or local governmental agency empowered to
hold fee simple or other interests in land on behalf of the public.
F. The City of Federal Way has adopted goals and policies in its Comprehensive Plan,
adopted pursuant to the Growth Management Act, that encourage the acquisition and
development of parks within the City. West Hylebos Creek is among areas prioritized by the City
of Federal Way for open space preservation, and acquiring the West Hylebos Parcels would
further the goals and policies of the Comprehensive Plan.
G. The purpose of this Cooperative Agreement is to create a framework for cooperation by
the Trustees and the City of Federal Way in acquiring the West Hylebos Parcels and to identify
the rights and responsibilities of the Parties regarding the West Hylebos Parcels and the
restoration project(s) potentially to be developed on them.
H. This Cooperative Agreement builds upon an existing relationship between the Trustees
and the City of Federal Way established under a prior cooperative agreement entered into in May
2004 pursuant to Trustee Council Resolution 1003-04. The prior cooperative agreement, which
provided for the acquisition and use of another of the West Hylebos Parcels, and this
Cooperative Agreement, while independently enforceable, are intended to be interpreted
harmoniously and the terms and conditions of each agreement are not intended to conflict with or
alter the terms, force and effect of the other.
III. AUTHORITY
This Cooperative Agreement is entered into pursuant to the Natural Resource Trustee
provisions of section 107(f) of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA), as amended, 42 V.S.C. S9607(f), Section 311 oftbe Clean Water Act
(CWA), as amended, 33 V.S.C. ~1321, the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), Subpart G, 40 C.F.R. ~g300.600 - 300.615, Interlocal Cooperation
Act, RCW 39.34, RCW 84.34.200-84.34.250, and other applicable federal state and tribal law.
The following officials or their designees act on behalf of the public as state, federal and tribal
Trustees for natural resources under this Cooperative Agreement:
The Tribal Council, or its designee, for the Puyallup Tribe of Indians;
The Tribal Council, or its designee, for the Muckleshoot Indian Tribe;
The Secretary of the Interior;
The Undersecretary for Oceans and Atmosphere, Administrator of the National Oceanic and
Atmospheric Admipistration, acting on behalf of the Secretary of Commerce;
The Director of the Department of Ecology for the State of Washington, as lead state Trustee.
IV. TERMS AND CONDITIONS
A. Purpose and Goal.
The purpose of this Cooperative Agreement is: (1) the acquisition of one or more of the
West Hylebos Parcels by the CitY' of Federal Way using Conservation Futures Fund monies,
natural resource damage funds provided by the Trustees and other funds; (2) the placement by
the City of Federal Way of a restrictive covenant, attached hereto as Exhibit 1, to ensure the
.parcel(s) will be preserved and used consistently with the purpose of this Cooperative
Agreement; (3) the preservation of existing habitat values; and (4) the potential development by
the Trustees of alterations and improvements of existing upland and aquatic habitat on the
acquired parcel(s), to benefit fish and wildlife species that utilize the Commencement Bay
environment as described below in Section IV.E. The overall goal of the preservation and
restoration actions is to restore natural resources of the Commencement Bay environment injured
by releases of hazardous substances. This goal will be accomplished by precluding inconsistent
uses of the parcel(s) and by taking actions to protect and potentially to enhance fish and wildlife
habitat on the parcel(s), thereby increasing the ecosystem complexity and habitat value of
Commencement Bay and its tributaries for birds, wildlife, fish and other aquatic organisms.
B. Proiect Managers.
For purposes of implementing the terms of this Cooperative Agreement, the following
individuals shall serve as Project Manager for the Trustees and for the City of Federal Way,
respecti vel y:
For the Trustees:
Jennifer Steger
Commencement Bay Restoration Case Manager
NMFSIRC/NW
7600 Sand Point Way NE
Seattle, W A 98115
206-526-4363
For the City of Federal Way:
Ken Miller
Deputy Director of Public Works
PO Box 9718
Federal Way, WA 98063-0718
253-835- 2711
A Party may change its Project Manager by providing notice in writing to the other Party.
Any notice required under this Cooperative Agreement to be given to the other Party shall be
deemed sufficient if addressed to the individual last identified by the other Party as Project
Manager in accordance with the terms of this Cooperative Agreement.
C. Proiect Parcel Identification.
By an exchange of letters between the Project Managers, the Trustees and the City of
Fcderal Way shall identify one or more of the West Hylebos Parcels that will be acquired under
terms of this Cooperative Agreement. The exchange of letters shall identify the amount of
property acquisition funding to be provided. by the Trustees and will provide information needed
to transfer the agreed funds. The acquisi~on, management and use of each such parcel (Project
Parcel) shall be subject to the terms of this Cooperative Agreement.
D. Property Acquisition. Ownership. Use and Maintenance.
1. Property Acquisition and Ownership. Following the identification of a Project
Parcel pursuant to Section IV.C. above, the Trustees will cause the agreed sum of funds to be
transferred to the City of Federal Way (or to such escrow company or agent as the City of
Federal Way shall designate). The City of Federal Way shall promptly thereafter acquire the
Project Parcel utilizing the funds provided by the Trustees plus funds from the Conservation
Funds Fund Program and/or other sources as needed. For each Project Parcel so acquired, the
City of Federal Way shall place a restrictive covenant on the deed for the parcel in the form
attached hereto as Exhibit 1 (Restrictive Covenant), and shall cause the Restrictive Covenant
with a copy of this Cooperative Agreement attached to be filed in the real property records for
King County. It is the purpose of this Restrictive Covenant to assure that the Project Parcel
subject to the Restrictive Covenant will remain available for habitat restoration in perpetuity. The
City of Federal Way shall take such action as is necessary to preclude use of the property
inconsistent with the purposes of this Cooperative Agreement.
2. Property Use. Activities may be conducted on each Project Parcel that are
consistent with the purpose provided in Section IV.A. above. Use of, or activity on, any Project
Parcel inconsistent with this purpose is. prohibited and the Parties acknowledge and agree that
they will not conduct, engage in, or permi~ such use or activity.
The Parties agree that activities conducted in accordance with the terms and
conditions of applicable laws, regulations and pennit requirements and any restoration project
plan (Restoration Project Plan) developed by the Trustees in consultation with the City of
Federal Way under section IY.E. below would be consistent with the purpose of this Cooperative
Agreement, including but not limited to:
$ construction, maintenance and adaptive management activities in accordance with
the Restoration Project Plan, such as land grading, excavation, and recontouring,
vegetation removal, substrate enhancement and planting native vegetation
$ ecological surveys and research
$ low impact recreation (wildlife viewing/observation)
$ construction and maintenance of informational and educational signs or kiosks
$ activities to control non-native, invasive or noxious plants and animals
$ construction of a path or trail with construction, design, location, and of materials
intended to minimize disturbance of sensitive habitat areas
$ emergency activities to protect public health and safety
$ designation of a parking area as needed to provide public access to the Project
Parcel and/or contiguous publicly owned property dedicated to similar use,
provided that the size, configuration, design and elements of any such parking
area shall be subject to the agreement of the Parties.
The Parties agree that activities that would not be consistent with the purpose of
this Cooperative Agreement include but are not limited to:
$ alteration of hydrology, including dredging, diking, draining or filling, except
pursuant to the Restoration Project Plan
$ constructing buildings or structures not permitted above
$ storage of vehicles, vessels, containers, equipment or other items except
temporary storage of equipment or materials in use for restoration project
development, monitoring and maintenance and routine site maintenance
$ any activities causing significant water pollution, erosion or sedimentation
$ removal or disturbance of native vegetation, except in connection with
transplanting activities for further habitat restoration projects as specifically
agreed among the Parties
$ aquaculture of non-native species
$ waste disposal or storage including sewage, manure, garbage, pesticides or
hazardous waste
$ application of fertilizers or pesticides, except pursuant to the Restoration Project
Plan or as othelWise agreed among the Parties
$ mlmng
$ intentional disruption of wildlife
$ planting of invasive non-native vegetation
$ erection of commercial billboards and signs
The listing of specific activities herein as being consistent with or not consistent
with the purpose of this Cooperative Agreement is not intended to be exhaustive. The conducting
by any person of the listed activities considered consistent with the purpose of this Cooperative
Agreement shall be subject to the access restrictions of Section IV.D.3. of this Cooperative
Agreement.
3. Property Access.
a. At all reasonable times the Parties (or other parties specifically designated
by any of the Parties) may enter and freely move about any Project Parcel for the purposes of
carrying out the terms of this Cooperative Agreement.
b. Access by the general public to any part of any Project Parcel shall be in
accordance with applicable laws, regulations or ordinances and such reasonable use restrictions
as the Parties determine necessary to further the purpose of this Cooperative Agreement.
4. Property Maintenance. The City of Federal Way shall perform ordinary upkeep
and maintenance of each Project Parcel. The term "ordinary upkeep and maintenance" means
tasks that a prudent land manager would perform in the normal course of managing similar
property. Maintenance of the Restoration Project (as defined below in Section IV.E. of this
Cooperative Agreement) other than ordinary upkeep and maintenance shall be dealt with under
Section IV.E.2. of this Cooperative Agreement.
E. Restoration Proiect Development. Administration and Implementation. .
1. The Trustees reserve the option to develop an as-yet undesigned habitat
restoration project (Restoration Project) on one or more Project Parcels, potentially involving
alterations and improvements of existing upland and aquatic habitat features. In designing any
such Restoration Project the Trustees shall consult with the City of Federal Way, and may
consult with non-governmental entities including without limitation the Friends of the Hylebos.
Prior to the development of any such Restoration Project, the Parties will, by an exchange of
letters between the Project Managers, confirm the understanding of the Parties as to the agreed
project design and the details of project administration and implementation. As between the
Parties, the Trustees shall be responsible for designing, developing, implementing, constructing
and monitoring any such Restoration Project for the Project Parcel(s).
2. The Trustees shall also be responsible for any project maintenance and adaptive
management activities for any stich Restoration Project. For purposes of this Cooperative
Agreement, "adaptive management activities" means additional actions that need to be taken on
the Project Parcel(s) to maintain the constructed habitat or change the habitat in some manner to
meet the objectives of the applicable Restoration Project Plan. Anticipated changes or
developments that may require adaptive management include, among others, the failure of
vegetation to establish or spread, substantial erosion or sedimentation that adversely alters
habitat characteristics, the introduction of non-native, invasive or noxious plants and animals, or
adverse impacts from off site development or access to the property. The Trustees shall undertake
adaptive management activities on any Project Parcel in consultation with the City of Federal
Way. Provided, however, that nothing in this Cooperative Agreement. shall be interpreted to
relieve the City of Federal Way of any obligation it may have under state and local laws and
ordinances to manage invasive and/or noxious weeds, vegetation, insects or wildlife on any
Project Parcel. Provided, further, that adaptive management to address adverse impacts on any
Project Parcel that result mainly from access to and/or use of the property by the public or by
employees, agents or contractors of the City of Federal Way shall be the responsibility of the
City of Federal Way.
F. Dispute Resolution.
1. A voidance of Disputes. The Parties agree to work cooperatively, to consult
infolJllally and to use best efforts to avoid disputes concerning the implementation of this
Cooperative Agreement.
2. Notice of Dispute. If a dispute arises between the Parties concerning the
implementation of this Cooperative Agreement, any Party may initiate dispute resolution by
giving written notice thereof to the other Parties. In the case of an actual or threatened violation
of the Cooperative Agreement, the notice shall identify corrective action sufficient to cure the
violation and to restore any portion of any Project Parcel injured as a result of the violation.
3. Informal Negotiations. Following receipt of a notice of dispute, the Parties shall
attempt to resolve the dispute expeditiously and informally. Ifthe dispute is resolved by informal
negotiations, the Parties shall memorialize the resolution of the dispute by an exchange of letters.
4. Formal Ne-gotiations - Preparation of Joint Statement of Position. If the Parties are
unable to reach a resolution of a dispute through informal negotiations, after fourteen (14)
calendar days following delivery of the notice of dispute described above in subparagraph 2 any
party may initiate formal negotiations by providing written notice to the other parties of the
notifying party's intent to develop a Joint Statement of Position. The Joint Statement of Position
shall consist of a concise written statement of the issues in dispute, including the relevant facts
upon which the dispute is based and the data, analysis or opinion supporting each position, and
any supporting documentation on which each party relies. The Parties shall complete the Joint
Statement of Position within fourteen calendar (14) days following receipt of the formal
negotiations notice, or by such later date as the Parties shall agree. Upon completion of the Joint
Statement of Position, the dispute shall be referred to authorized officials of each Party for
resolution. Each Party shall advise the other Parties in writing of the identity of the authorized
official designated to participate in the dispute resolution process. The resolution agreed to by
such authorized officials shall be binding upon the Parties. The Joint Statement of Position shall
constitute the exclusive factual record of the dispute in the event that the Parties are unable to
resolve the dispute and any party seeks judicial resolution.
G. Removal of the Restrictive Covenant and Termination of the Cooperative Agreement.
The Restrictive Covenant may be terminated or extinguished, whether in whole or in part,
only under one or more of the following circumstances:
1. The Parties jointly agree, in writing, to extinguish the restriction or release a
portion of any Project Parcel from the terms of restriction, upon a determination by Trustees in
their discretion in consultation with the City of Federal Way that circumstances have rendered
the purpose of the this Cooperative Agreement, as provided in Paragraph IV.A. above,
impractical to achieve.
2. Upon petition by one or all of the Parties, a court having jurisdiction over this
restriction determines by judicial proceedings that circumstances have rendered the purpose of
the Cooperative Agreement as provided in Paragraph IV.A. above impossible to achieve.
3. All or any of the Project Parcel(s) is taken by exercise of the power of eminent
domain or acquired in lieu of condemnation, whether by public, corporate, or other authority.
The Parties shall act jointly to recover the full value of the interest in the Project Parcel(s) subject
to the taking or in-lieu purchase and all direct or incidental damages resulting from the taking or
in-lieu purchase.
The Parties agree that the proceeds to which the City of Federal Way shall be entitled
after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or
any portion of the Project Parcel(s), subsequent to such teimination or extinguishment, shall be
determined, unless otherwise provided, by Washington law. The City of Federal Way shall use
such proceeds only to obtain similar substitute property acceptable to aU the Parties within
Commencement Bay or within the Puyallup-Carbon-White Rivers watershed closest to
Commencement Bay if one within Commencement Bay is unavailable. The City of Federal Way
shall impose upon such substitute property a restrictive covenant on the deed in the form
attached hereto as Exhibit 1.
H. Subsequent Transfer.
The City of Federal Way shall:
1. Not sell, transfer or otherwise divest itself of all or any portion of any of the
Project Parcels, including, without limitation, a leasehold interest, without prior written
approval of the Trustees.
2. Incorporate the terms of the Restrictive Covenant by reference in any deed or
other legal instrument by which it divests itself of any interest in all or a portion of any of
the Project Parcels, including, without limitation, a leasehold interest.
3. Describe the Restrictive Covenant in and append it to any executory contract for
the transfer of any interest in any of the Project Parcels.
4. Give written notice to Trustees of the transfer of any interest in all or a portion of
any of the Project Parcels no later than one hundred twenty (120) days prior to the date of
such transfer. Such notice to Trustees shall include the name, address, and telephone
number of the prospective transferee or the prospective transferee's representative.
The failure of the City of Federal Way to perform any act required by this Paragraph
IV.H. shall not impair the validity of the Restrictive Covenant or limits its enforceability in any
way.
I. Notices.
All notices required or permitted to be given hereunder shall be in writing and shall be
deemed given upon personal service or receipt after deposit in the United States first class mail
addressed to the Project Manager for the other Party as identified above in Section IV.8.
v. GENERAL PROVISIONS
A. Funds Availability. The fiscal obligations of the Trustees hereunder shall be fulfilled
solely from and are limited by the funds made available for such activities as a result of the
resolution of natural resource damage claims for the Commencement Bay environment. Nothing
in this Cooperative Agreement shall be construed to require any Party to spend funds in excess of
available appropriations.
B. Severability. The clauses of this Cooperative Agreement are severable, and should any
part of this Cooperative Agreement be declared by a court of competent jurisdiction to be
invalid, the other parts of this Cooperative Agreement shall remain in full force and effect.
. C. Entire Agreement. This Cooperative Agreement constitutes the entire understanding of
the Parties with respect to its subject matter.
D. Amendment and Termination. This Cooperative Agreement may not be amended except
by written agreement of all parties to this agreement. This Cooperative Agreement shall
continue in effect until it is terminated by agreement of all of the Parties. Any amendment to this
agreement shall be consistent with the original purpose of the Restrictive Covenant and shall be
recorded in the real property records for King County.
E. Execution. Effective Date. This Cooperative Agreement may be executed in
counterparts. A copy with all original executed signature pages affixed shall constitute the
original and shall be retained by the Trustees. The date of execution shall be the date of the final
signature of the Parties to this Cooperative Agreement.
F. Default. In the event that any party defaults in the performance of any of that party's
obligations under this Agreement, the non-defaulting party or parties shall have all remedies
available in law or equity, but no party shall be liable for consequential damage.
G. Parties Bound. The provisions of this Cooperative Agreement shall apply to and be
binding upon the Parties to this Cooperative Agreement, their agents, successors and assigns.
The undersigned representative of each party certifies that he or she is fully authorized by the
party or parties whom he or she represents to enter into this Cooperative Agreement and to bind
that party to it.
IN WITNESS WHEREOF the Parties have executed this Cooperative Agreement on the date and
year opposite their signature.
CITY OF ~)WA y
BY:. 0t~
Neal Beets, City Manager
\\. \0. 2oo'A
Date
ATTEST:
~M~
City Clerk, ~~,r
C;.LVO\ ~c- V) e', ~
APPROVED AS TO FORM:
~~
Patricia A. Richardson, City Attorney
THE PUY ALLUP TRIBE OF INDIANS
BY:
Chair
Puyallup Tribal Council
Date
THE MUCKLESHOOT INDIAN TRIBE
BY:
Date
BY:
IN WIlNESS WHEREOF the Parties have executed this Cooperative Agreement on the date and
year opposite their signature.
CITYOF~WAY
BY:. 13td:v
Neal Beets, City Manager
\\. \0. 2.Oo'A
Date
ATTEST:
~M~
City Clerk, L~I~k
CJtVO\ rYy-V)e~J
APPROVED AS TO FORM:
~~~
Patricia A. Richardson, City Attorney
THE PUY ALLUP TRIBE OF INDIANS
BY: -di PU7 k;
Puyallup Tribal Council
~I" '\
Date
THE l\1UCKLESHOOT INDIAN TRIBE
BY:
Date
BY:
.
IN WIlNESS WHEREOF the Parties have executed this Cooperative Agreement on the date and
year opposite their signature.
CITYOF~WAY
BY:. odcv
Neal Beets, City Manager
\\. \0. 200fl
Date
ATTEST:
City Clerk, c y,
C;tYO\ "'lc- V) e',
APPROVED AS TO FORM:
~~~~
. _ . __ J>atricia A.. Richardson, City Attorney
THE PUY ALLUP TRIBE OF INDIANS
BY:
Chair
Puyallup Tribal Council
Date
THE MUCKLESHOOT INDIAN TRIBE
BY:
:>-1 d- cf / 0 9
Date
BY:
WASHINGTON STATE DEPARTMENT OF ECOLOGY
Lead State Trustee
BY:
Date
Approved as ~ Form ~ington State Department of Ecology,
BY: c::c.-tL . . Y -u 14 \ t>"
Date
U.S. DEPARTMENT OF THE INTERIOR,.
BY:
Date
K:\PW\Agreements\West HyJebos ProjeclSAgreemenI4.8.08.doc
W ASHINGTON STATE DEPARTMENT OF ECOLOGY
Lead State Trustee
BY:
Date
Approved as to Form for the Washington State Department of Ecology.
q~~~
BY:
('" 1St 0 i'
Date
U.S. DEPARTMENT OF THE INTERIOR
BY:
Date
K:\PW\AgreemenlS\West Hylebos Projects Agreement 4.8.Cl8.doc
WASHINGTON STATE DEPARTMENT OF ECOLOGY
Lead Slate Trustee
BY;
Date
Approved as to Form fOI'~he W8Shington StatlS Dcpa:rb'nCPtof~JoBY.
BY;
Daze
~;:~~R
~
Date
Exhibit 1
Restrictive Covenant
Notice is hereby given that the property legally described in Exhibit A hereto (the Subject Property) is
subject to use restrictions and other obligations enforceable by the Natural Resource Trustees for
Commencement Bay (enumerated in the Cooperative Agreement described below and attached hereto)
and the City of Federal Way. The purpose of these restrictions and obligations is to ensure that the
Subject Property provides habitat value to the public in perpetuity in the Commencement Bay
environment.
These restrictions and obligations are described in Section IV of the Cooperative Agreement attached
hereto and incorporated herein.
Potential purchasers and lessees are further notified that, pursuant to the Cooperative Agreement, the
Subject Property may not be disturbed in any manner that would impair or interfere with the integrity of
the habitat restoration, except as provided in paragraph IV 0.2.
The restrictions and obligations described above are intended to run with the land and are intended to be
binding on any and all persons who acquire an interest in the Subject Property. This restrictive covenant
may be removed from the Subject Property only in the manner provided for in the Cooperative
Agreement.
DATED this _ day of
,200_
Subject Property Owner
By:
Its:
STATE OF WASHINGTON )
) ss
COUNTY OF )
On this _day of , 200_, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be of
the party that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said party, for the uses and
purposes therein mentioned, and on oath stated that is authorized to execute the said instrument
and that the seal affixed (if any) is the corporate seal of said party.
Witness my hand and official seal affixed the day and year in this certificate above written.
Signature
TypedlPrinted Name of Notary
NOTARY PUBLIC in and for the State of Washington,
residing at
My commission expires
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