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AG 90-052 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 -C;O�NTRACTAMENDMENT(AG#): -t 0 -5-2-- INTERLOCAL o OTHER nn {��,� !� �q�/� 0-3, �]�� 4. PROJECT NAME: aPIUL ! cirri) i st 1i i. mje C U . VV' L-A---4 �-r�c 1 I n r.•4 L.1/,,.6.,,'r, 5. NAME OF CONTRACTOR: 1--�A. � W�-�t?./' � J I, `� ADDRESS:Zo 15'cT „�_�J _�' - 0.• cSe�. i' $6•• TELEPHONE:2 O.L.1.qq•` s7S E-MAIL: I Ir 1/ •PRT n@ -A3 C-01�Y1, s T FAX: SIGNATURE NAME: �/ TITLE: 6. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER 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 CGS 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 Cy,DIVISION MANAGER "-III-WS /❑ DEPUTY DIRECTOR *DIRECTOR Z`!—I t2- xct\it 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 "fr-I AZrDE� _A j1CLAW DEPT 4r,. ' \S_IGNATO AYOR DIRECTOR) I ,r1`/,, �tITY CLERK {Q//� �1� 0 ,i rG1' SSIGNED AG# AG.1r-sa w „ }SIGNED COPY RETURNED DATE SENT: .. .aCN.t9 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) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ 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 • 16 DIRECTOR (,;��W I ❑ RISK MANAGEMENT (IF APPLICABLE) $ LAW DEPT ® 'I/fy(('] A/ 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 3 Lai& 717 S& 70 '(4' cash c70It c_-1. T'hi5 IS i<iI evv-i cf38 l rle(--Ir .r±t-• /\IU NV i'lij 6 Cat b, tit/de_, . 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 ts r/v - if/a . JJ 7( // - 46Q IL; —G/ .3 � L -/ .. t J 2L 4 S 1 i �� I /—V-71116 ` S >/ S'Li * 414E 1 A. 's /♦ L� c f% HYlcs CeiE lit Afret,„ Aib".6■ 7rJ NAUUU 3— CQ®i4.f f l G D AND - A 014e is I /4/a Cowry. 11/9 • 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. tier P# #0' f=1) 2(, 0 q o . Es - .� 21 e . cc- Lo In 0 , /� � . I ( t)i /l lam- 4,141;1- bad( k 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 -