AG 94-064 - KING COUNTYFile f Record at the Reque t
King unty ce of 0 n pace
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INTERLOCAL COOPERATION AGREEME
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
1993 REGIONAL CONSERVATION FUTURES ACQUISITION PROGRAM
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This Interlocal Cooperation Agreement is entered �nto between the
City of Federal Way ("City") and King County ("County").
ARTICLB I. RECITALS
On March 8, 1993, the King County Council passed Ordinance 10750
which authorized the 1993 Regional Conservation Futures Acquisition
Program and declared the Council's intent to issue bonds to finance the
acquisition of public open spaces, funded through the Conservation
Futures tax levy to pay the principal and interest on such bonds.
Projects to be funded from bond proceeds include projects of
Extraordinary Regional Significance, Loca1 Projects in Unincorporated
King County, Local Projects of The City of Seattle and Local Projects
in Suburban Cities. Prior to the distribution of bond proceeds by the
County to an eligible jurisdiction, Ordinance No. 10750 requires
execution of an Interlocal Cooperation Agreement containing provisions
necessary to satisfy applicable federal tax laws and regulations and to
make certain other provisions.
On August 25, 1993, the King County Open Space Citizens Oversight
Committee (the "Committee") approved its recommended allocation of the
1993 Regional Conservation Futures Acquisition Program funds from the
Regional and Suburban City Local Projects categories pursuant to
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Ordinance 10750.
On October 11, 1993, the King County Council, by Ordinance 11068,
I approved the allocation of funds to projects.
In consideration of the mutual covenants contained herein, and
Washington State Chapter 39.34, the parties agree as follows:
CFT INTERLOCAL FEDERAL WAIf
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DECEMBER 29, 1993
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ARTICLE II. DEFINITIONS
2.1. Administrative Costs. All negotiation, general management
and indirect expenses incurred by City in implementing the Projects,
including, without limitation, King County staffing costs of the
Committee and costs of overseeing the Program.
2.2. �.i,creement. This interlocal cooperation agreement between
the County and the City regarding the distribution of proceeds from the
sale of bonds for open space as described and authorized by the Program
Ordinances.
2.3. Bond Ordinance. King County Ordinance 11121, passed
November 22, 1993, authorized the issuance and sale of bonds to finance
the projects authorizing by Ordinance No. 10750 and Ordinance 11068 or
subsequently approved by the County.
2.4. Bond Proeeeds. The principal proceeds received from the
sale of bonds. The term shall not include accrued interest on the
bonds paid by the original purchaser of the bonds or any earnings
received from the investment of bond principal.
2.5. Bond Redemption Fund. The County fund designated by
ordinance for the purpose of paying the principal of and interest on
any bonds issued by the County.
2.6. o ds. Any bonds, notes or other evidence of indebtedness
sold pursuant to the Bond Ordinance and any refunding bonds issued in
lieu thereof
2.7. eapital Costs. The term "capital costs" shall be construed
consistent with the term "capital purposes" in Article VII, 2(b) of
the Washington State Constitution. The term shall not include the
replacement of equipment. The term may include payinent for all costs
related to acquiring real property, including, without limitation, real
estate appraisals, legal and acquisition costs; making qualified
reimbursements; paying necessary project administration expenses;
staffing costs of the Citizens Oversight Committee; interest payments
on any interim financing pending the receipt of Bond Proceeds; and
paying the costs and expenses incurred in issuing the bonds,
administering the planning and distribution of Bond Proceeds and other
on-going administrative costs of overseeing the Program.
CFT 1NTERLOCAL FEDERAL WAY 2 DECEMBER 29, 1993
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2.8. citizens oversiQht committee or Committee That King
County Open Space Citizen Oversight Committee established following
enactment of Ordinance 9071 and authorized under Ordinance 10750 to
review and report to the King County Council on implementation of the
1993 Regional Conservation Futures Acquisition Program. The Committee
is also responsible for recommending to the Council reallocations of
Bond Proceeds when available for new or revised projects.
2.9. Chief Finanaial Officer. The person serving as chief
financial officer of the County's Office of Financial Management.
2.10. Code. The Internal Revenue Code of 1986, as amended,
together with all applicable regulations.
2.11. CA74i�rvati3OA Futures. The term "conservation futures"
means the fee simple or any lesser interest, development right,
easement, covenant, or other contractual right necessary in order to
protect, preserve, maintain, improve, restore, limit future use of, or
otherwise conserve open space land which may be acquired by purchase,
gift, grant, bequest, devise, lease or otherwise, except by eminent
domain, all in accordance with the provisions of RCW 84.34 and King
County Ordinances 10750 and 11068.
2.12. O ep n Space. The term "open space" or "open space land"
shall have the same meaning as set forth in RCW 84.34.20 as now or
hereafter amended. This statute currently defines these terms as (a)
any land area so designated by official comprehensive land use plan and
adopted by a 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, (ii) protect streams or water
supply, (iii) promote conservation of soils, wetlands, beaches or tidal
marshes, (iv) enhance the value to the public of abutting and neighbor-
ing parks, forests, wildlife reserves, natural reservations or sanctu-
aries or other open space, (v) enhance recreational activities, (vi)
preserve historic sites, or (vii) retain in its natural state, tracts
of land not less than five acres situated in an urban area and open to
public use on such conditions as may be reasonably required by the
legislative body granting the open space classification.
2.13. $rocram. The 1993 Regional Conservation Futures
Acquisition Program as authorized by the Program Ordinances.
CFT INTERLOCAL FEDERAL YAY 3 DECEMBER 29, 1993
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2.i�o Proctram Ordinances. The term "Program Ordinances" means
King County Ordinances 10750 and 11068 and the Bond ordinance.
2.15. Pro ect. The term "Project" means a specific project for
acquisition of open space to which any Bond Proceeds are allocated
which meet open space criteria as described in Ordinance 10750,
Attachments A, B and C, and RCW 84.34.020.
2.16. Proiect Cateqories. As set forth in Ordinance No. 10750,
Project Categories are the Regional Projects, King County Local
Projects, Suburban City Local Projects or Seattle Local Projects.
Z.17. Qualitied Reimbursements. Reimbursements of advances for
Project costs made after the enactment of Ordinance 10750 from other
funds in anticipation of the receipt of Bond Proceeds as evidenced by
written records made contemporaneously with such advances and in a form
acceptable to the Chief Financial Officer. This includes interest
charges paid to acquire interim financing.
2.18. aope Chanqe. The terms "scope change" means a deviation
or change in a project's description that results in a more than 10�,
but less than 50�, increase, decrease or difference in a project�s
total acreage or budget. If a deviation or change in a project's
description results in an increase, decrease or difference in a
project's acreage or budget of greater than 50�, it shall be considered
a new project. For Seattle, such a change that results solely from
application of funds from its ��Unprogrammed Project Funding" Project
sh�all not be considered a"scope change" or a"new project".
2.19. T�xable BonSs. Bonds on which the interest is included in
the gross income of recipients thereof by reason of the failure to
comply with applicable requirements of the Code.
2.20. Tax Exempt Bonda. Bonds on which the interest is not
included in the gross income of the recipients thereof by reason of
section 103(a) of the Code of 1986 as amended.
ARTICLL III. TERM OF AGRLEMENT.
This Agreement shall continue in full force and effect and bind
the parties hereto upon execution of the Agreement by both parties.
The term of the Agreement shall be indefinite. The Agreement will
terminate only if the City (i) is unable or unwilling to expend the
CfT 1NTERLOCAL FEDERAL WAY 4 DECENBER 29, 1993
funds provided through this Agreement, (ii) satisfies the matching
requirements, if any, 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
4.3 4.4 4.5, 4.6,
amounts described b
elow.
The terms of Sections
7,1, 7.2 and 9.1 shall survive termination of this Agreement.
ARTICLE IV. CONDITIONS OF AGREEMENT.
4.1. �,roiect Descrivtion. Those Projects currently approved by
the County are listed in Attachment A, which is incorporated herein by
reference. All Projects must meet open space criteria as described in
King County Ordinance 10750, Attachment B, and RCW 84.34. City may
propose a scope change to a project's description by providing a
written request to the Office of Open Space and to the Committee and by
submitting with such request a revised implementation schedule
reflecting such proposed scope change. The Committee shall have forty-
t� five (45) days to review and recommend approval or disapproval to the
Council of the City's proposed scope change. The King County Executive
shall submit the City proposal and the Committee recommendation to the
King County Council which shall determine by established procedures for
King County Capital Improvement Projects whether or not to make such
scope change.
�.2. Proiect imolementation. Project Implementation shall
proceed upon the schedule as set forth in Attachment B, which is
incorporated herein by reference, or as set forth in approved
modifications to the implementation schedule set forth in Attachment B.
The parties recognize that delay in implementation of Projects may
jeopardize the financial viability of the Projects as currently
approved and the tax exempt status of interest on the Bonds. The City,
therefore, certifies that, as to its Projects, it has reviewed its real
property acquisition procedures, commits to all reasonable action and
will proceed with due diligence to ensure that its Projects are
expeditiously completed in accordance with the Project implementation
schedule, and that it will give highest priority to those properties
where there is a particular threat of conversion to a more intensive
use or increases in acquisition costs. If City has not demonstrated
CFT INTERLOCAL fEDERAI WAY 5 DECEMBER 29, 1993
through its October 1994 semi-annual reporting pursuant to Article VI
of this Agreement that it has made substantial progress in implementing
a project, the Council may, after receipt of the Executive's
acquisition progress report as provided in Ordinance 11068, reallocate
project funds or extend project completion deadline. Any pro�ect funds
not expended by October 20, 1995 shall be reprogrammed to other
projects.
4.3. IIse of Funcls. Funds in the form of Bond Proceeds made
available to the City pursuant to this Agreement, as well as matching
funds provided by the City pursuant to this Agreement, may be used to
defray capital costs of projects pursuant to the Program Ordinances,
RCW 84.34 and this Agreement. Funds utilized pursuant to this
Agreement may not be used to purchase Conservation Futures obtained
through the exercise of eminent domain. Seattle may apply funds from
its "Unprogrammed Program Funding" Project to any other Project in its
sole discretion.
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4.4. Proj ect Administration and Mainteaance ia Pernetuitv. The
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City shall perform and bear all of the cost of all necessary
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properties acquired with funds provided pursuant to this Agreement as
open space in perpetuity. If the City wishes to change the status or
use of properties acquired with funds provided pursuant to this
Agreement to any other purpose, the City shall, at the County�s
discretion, pay the County an amount in cash equal to the property's
fair market value or substitute other property of equal or better
market and open value acceptable to the County. In either case, the
value of property shall be established at the time of the change in
status or use, based on the best and highest use and not necessarily
based on its value as open space.
At its own cost, the City will provide the County an independent
M.A.I. appraisal of such Property's fair market value 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 of its desire to the change of use of the Property and shall
submit such M.A.I. appraisal and proposed substitute properties with
6 DECEMBER 29, 1993
CfT 1NTERLOCAL FEDERAL WAY
y such notice. The County shall within ninety (90) days respond by (i)
accepting such appraised value; (ii) requesting additional information
regarding such proposed substitute land; or (iii) rejecting both the
appraised value and proposed substitutes. The County shall not
unreasonably exercise its discretion and shall work with the City to
expeditiously resolve issues relating to an acceptable valuation or
substitution. If and when the County has agreed upon an acceptable
valuation or substitution, the City shall either pay the County the
full amount of the valuation or record appropriate declarations of
restrictive covenants upon the substitute property. The City shall not
change the use of the Property until the County has agreed in writing
to an acceptable substitution or valuation and made such payment or
recorded such declarations.
Nothing herein shall prevent the City from granting easements,
franchises or concessions or from making joint use agreements or other
operational agreements which are compatible with the use of a Project
t'� for the purposes authorized in this Agreement and the Program
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p Ordinances and do not materially diminish the open space value of the
c� Property. The City shall notify the County of all such proposed
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c� franchises, concessions or agreements not less than thirty (30) days
prior to their effect.
4.5. Bpecial Conditions. As set forth in the Ordinances, the
Agreement between the County and the City may contain special
conditions. If applicable, such special conditions are described on
Attachments A, B and C and are incorporated herein by reference.
4.6. Signs. The City shall install, within three months of
acquisition, and maintain signs identifying the property purchased
under the Program as having been acquired under King County's 1993
Regional Conservation Futures Acquisition Program. Such signs shall be
clearly visible to the public entering upon the Property or, where
public access is inappropriate, clearly visible from the public right-
of-way to the extent practicable. Such signs shall be of an appropri-
ate size (generally not smaller than two feet by three feet) and such
identification shall be as prominent as any other identifications of
the Property. The City also shall install within three months of the
date of this Agreement or within three months of the date of
CFT INTERLOCAL FEDERAL WAY 7 DECEMBER 29, 1993
acquisition and maintain similar signs on all property acquired with
funds under the 1989 King County Open Space Bond Program identifying
the property as having been acquired under such Program.
4.7 Recording of this Aareement. As part of the closing of
escrow of the acquisition of any Conservation Future upon any parcel
within a Project, City shall record with King County's Department of
Records and Elections either this Agreement or a memorandum of this
Agreement in a form approved in writing by the County.
�iRTICLL V. 80ND PROCEEDB.
5.1. Distribution of Principal Proceeds The Principal Proceeds
of the Bonds shall be deposited in a fund or funds to be designated by
the County for the purpose of administering, disbursing and accounting
for Bond Proceeds. Within said fund or funds, Bond principal will be
distributed to the City as set forth in Section 5.4 of this Agreement.
M 5.2o Investment ot Bond Proceeds. The County, through its
Office of Financial Management, shall be responsible for placing
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investments of cash balances. The County will be responsible for
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arbitrage calculations and related actions required by the Code to
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ensure compliance with arbitrage regulations.
5.3. Interest Earninas. Interest earnings on the Principal Bond
Proceeds will be collected and deposited in the Bond Redemption Fund to
pay a portion of the principal of and interest on the bond debt.
5.4. Bond Proceeds Disbursement. Bond Proceeds will be
disbursed to the City upon receipt and verification of properly
completed requests for payment of Bond Proceeds by the King County
Office of Open Space or its successor. The disbursements will be made
in one of two ways: (1) by transfer up to five (5) days prior to
the closing date upon receipt by the County of a completed request
form, a copy of the signed purchase document, an estimated settlement
statement, and electronic wiring instructions to the closing agent or
City if so requested; or (2) by Automated Clearinghouse transmittal to
the City for Qualified Reimbursement for expenditures for Capital
Costs. The City shall provide a list of authorized individuals to
certify the requests submitted to the County. The City will be
CFT 1NTERLOCAL FEDERAL WAY 8 DECEMBER 29, 1993
responsible for the accuracy of the payment requests and the propriety
and timeliness of its disbursements of the Bond Proceeds.
5.5. Disposition ot Remafninq Bond Proceeds.
a. Bond Proceeds Reallocation Proiect Completion. If,
upon completion of a Project, Bond Proceeds exist in excess of the
amount necessary to reimburse the appropriate Capital Cost of a
Project, then the City may propose to reallocate such excess Bond
Proceeds to other existing Projects by providing a written request to
the Office of Open Space and to the Committee and by submitting with
such request a revised implementation schedule reflecting such proposed
reallocation. The Committee shall have forty-five (45) days to review
and recommend approval or disapproval to the Council of the City�s
proposed reallocation. The King County Executive shall submit the City
proposal and the Committee recommendation to the King County Council
which shall determine by ordinance whether or not to make such
reallocation.
0 b. Bond Proceeds Reallocation Pro�ect Abandonment.
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The City may abandon a Project only upon a determination and finding of
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fact through its normal legislative process that changes in conditions
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or new information developed after approval of funding of Projects
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prevent the practical accomplishment of the Project or clearly indicate
that the Project would no longer best serve its intended purpose. If
the City abandons a Project, and excess Bond Proceeds remain, the City
may propose to reallocate such excess Bond Proceeds to other existing
approved City Projects following the same procedure as set forth in
5.5.a. above and shall submit to the Committee a certified copy of its
legislative action by which it made such determination of fact.
c. Bond Proceeds Reallocation New Proiects. The City
may request to reallocate excess Bond Proceeds to a new Project if it
makes a determination through its normal legislative processes that the
proposed new Project is consistent with the purpose of the Bonds. If
the City requests to reallocate excess Bond Proceeds to a new Project,
the City shall forward its proposal to the Committee for its review and
recommendation to the Council in the same manner as 5.5.a. above, and
shall submit a certified copy of its legislative action by which it
made such determination.
CFT 1NTERLOCAI FEDERAL WAY 9 DECEMBER 29, 1993
5.6. Interim Financincr. Following the County's adoption of
Ordinance 11068, the City may have issued short-term obligations in
anticipation of reimbursement from Bond Proceeds to defray the same
Capital Costs for which Bond Proceeds may be utilized. The payment of
principal and interest upon such short-term obligations shall be a
proper object of expenditure of Bond Proceeds to the extent that the
rate of such interest is reasonable.
ARTICLL VI. REPORTINt3 REOUIREMENTB.
6.1. �teportias Schedule. During implementation of the Projects,
the City shall provide the County and the Committee semi-annual reports
describing Project Implementation status. Such reports shall cover
six-month periods of April 1 through September 30 and October 1 through
March 31 and shall be submitted no later than the twentieth working day
following the end of the reporting period. Al1 such reports shall be
c� submitted to the County's Department of Parks, Planning and Resources
O �ffice of Open Space, or its successors.
6.2. Re_port Information. The reports shall contain the
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a. An accounting of cash expenditures and encumbrances in
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support of the project, including a separate accounting for
Administrative Costs;
b. A work plan for each project showing the anticipated
date by which City expects to achieve the following milestones in the
acquisition process: (1) title report reviewed; (2) survey completed
(if necessary); (3) environmental assessment completed (if necessary)
(4) appraisal completed and reviewed; (5) first offer made; (6)
purchase agreement executed; and (7) property acquired;
ce The progress of City in accomplishing milestones for
each Project and any changes to the time line; and
de Other relevant information requested by the County for
the purpose of determining compliance with this Agreement.
A_RTICLE VII. TAX COVLNANTB
7.1. Preservation of Tax Exempt Status. So long as such Bonds
are outstanding or for twenty years after the first disbursement of
CfT INTERLOCAL FEDERAL WAY 10 DECEMBER 29, 1993
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Bond Proceeds, whichever is longer:
a. The City will not use or permit to be used any of the
Bond Proceeds or the property or facilities acquired, constructed,
developed or improved as part of the Projects in such manner and shall
not take or omit to take any other action as to cause the interest on
the Bonds to be included in the gross income of the recipients thereof
for purposes of federal income taxation.
b. The City will provide certificates when and as
required by the County's bond counsel, the Code or the Internal Revenue
Service in order to establish or maintain the tax exempt status of
interest on the Bonds.
c. The City will comply with any requirements imposed by
the Code in order to preserve the tax exempt status of interest on the
Bonds. The City will cooperate in any audit by the Internal Revenue
Service, including disclosure of any records, contracts and other
materials required by the Internal Revenue Service in order to
establish or preserve the Bonds' tax exempt status or as may be
required by the Code.
7.2. Indemnification. If the Bonds become Taxable Bonds as a
result of the acts or omissions of the City not approved in writing by
the County, the City shall indemnify and hold the County, its officers,
employees and agents, including bond counsel, harmless with respect to
bond holders' claims and any costs attendant thereto, including any
penalties and the County's attorneys' fees and costs in defending such
claims.
�.TICLB VIII. RESPONSIBILITISS OF COUNTY.
8.1. Issuance of Bonds. Subject to the terms of this Agreement
and the Program Ordinances, the County will issue Bonds for the
purposes set forth herein and in the Program Ordinances.
8.2. Distribution of Bond Proceeds. Distribution to the City of
any Bond Proceeds is specifically conditioned upon execution by the
City and the County of this Agreement.
8.3. Future 8upport. The County assumes no obligation for the
future support of the Projects described herein, or any other projects,
except as expressly set forth in this Agreement.
CFT INTERLOCAL FEDERAL WAY 11 DECEMBER 29, 1993
ARTICLE IX. GENERAL PROVISIONB
9.1. 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, benefit or tax, 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.
b. The City further agrees that it is financially
responsible for and will repay the County all indicated amounts
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O following an audit exception which occurs due to the negligent or
4� 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, including attorneys� fees, arising out of or in any way
resulting from the Projects, including but not limited to the negligent
acts or omissions of the City, its officers, employees or agents, but
not including the solely negligent acts or omissions of the County, its
officers, employees or agents. For purposes of this Agreement only,
the City agrees to waive the immunity granted for industrial insurance
claims pursuant to Washington statute chapter 52 to the extent
necessary to extend its obligation under this subparagraph 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.
g.Z. Amendments or Modifications. 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.
CfT INTERLOCAI FEDERAL WAY 12 DECEMBER 29, 1993
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9.3. Contract �aiver. 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 a different provision of this Agreement. No waiver shall be
effective unless made in writing.
9.4. ot ces. Any notice, consent, demand or other communica-
tion hereunder shall be in writing and shall be deemed to have been
given if delivered in person or deposited in any United States Postal
Service mail box, first class postage prepaid, or sent by registered or
certified mail, return receipt requested, addressed to the party for
whom it is intended•as follows:
(1) To the City: City of Federal Way
Ms. Jennifer Schroder, Superintendent
Parks Operations and Maintenance
33530 First Way South
Federal Way, WA 98003
(2) To the County: King County Office of Open Space
1621 Smith Tower
506 Second Avenue
Seattle, Washington 98104
with a copy to: Chief Financial Officer
400 King County Courthouse
Seattle, Washington 98104
These titles and addresses may be changed by written notice to the
other party pursuant to this provision.
9.5. Iateroretation. This Agreement shall be interpreted
according to and enforced under the laws of the State of Washington.
The section and subsection captions of this Agreement are for
convenience only and shall not control or affect the meaning or
construction of any provision in this Agreement.
9.6. Separability. Each provision of this Agreement is
separable from all other provisions. In the event any court of
competent jurisdiction determines that any provision of this Agreement
is invalid or unenforceable for any reason, all remaining provisions
will remain in full force and effect.
CFT INTERLOCAL FEDERAL WAY 13 DECEMBER 29, 1993
9.7. Entiretv. This Agreement is a complete expression of the
terms hereto and any oral representations or understandings not
incorporated are excluded. This Agreement merges and supersedes all
prior negotiations, representations, and agreements between the parties
relating to the Bonds, Bond Proceeds or Projects and constitutes the
entire Agreement between the parties. The parties recognize time is of
the essence in the performance of the provisions of this Agreement.
IN 1�ITNE88 1P8EREOB, authorized representatives of the parties
hereto have signed their names in the spaces set forth below.
CITY OF FEDERAL WAY
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KING
DATE:
ACTING UNDER AUTHORITY OF
MOTION #92-02
Approved as to form:
NORM MALENG
King County Prosecuting
At
CFT INTERLOCAL FEDERAL WAY
By
Kenneth E. Nyberg
Its Citv Mana�er
DATE: �-I���T'
ACTING UNDER AUTHORITY OF
No.
Approved as to form:
14
DECEMBER 29, 1993
KING COUNTY
City Attox'ney, Carolyn A. Lake
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APPROVED PROJECTS
suburban Citiea
City
Auburn
Auburn
Bel lewe
Bothell
Duvall
Federal Way
Federal Way
Issaquah
Issac�uah
Kent
0 Kent
Kent
�ry Kirkland
O Kirkland
L.Forest Pk
North Bend/
C� Snoqualmie
Redmond
Renton
Renton
Woodinville
Project
Green River Access
Olson Canyon
Meydenbauer Bay
Burke Gilman/Sammamish
River Greenway
Dougherty Farm
Sisters of Visitation
Fisher's Pond and
School Site No. 20
Tibbott Property (Tiger Mountain)
Issaquah Creek Johnson Property
Green River NREA
Upper Mill Creek Canyon
Riverview Park
Juanita Bay Park Expansion
Brink Park Expansion
McAleer Creek OS Program
Meadowbrook Farm
E. Lake Sammamish Waterfront Pk.
Cedar River Trail
Springbrook Trail
Woodinville Green Gateway
ATTACHMENT A
Allocation
300,000
1,800,000
2,500,000
950,000
118,000
340,000
1,060,000
1,500,000
500,000
500,000
71,000
236,000
200,000
1,200,000
25,000
2,500,000
1,000,000
1,800,000
300,000
800,000
CFT INTERLOCAL FEDERAI WAII 15 DECEMBER 29, 1993
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City of Seattle
Proi ect
North Beach Natural Area
Sunset Hi11 Greenbelt
Thornton Creek Additions:
(Maple Creek, San Point Way, Little Brook)
Llandover Woods: 3rd NW and NW 145th
14043 32nd NE 1,260,900
Fremont/Vemo
Burke-Gilman Greenway: Silver Cloud
Burke-Gilman Greenway: DNR
Burke Gilman Greenway: NW 85th Sand Point Way
St. Mark's Greenbelt
Magnolia Greenbelt
Northeast Queen Anne Greenbelt Tip
MGM Eastlake
3001 East Madison
Madison McGilvra
Northeast Queen Anne Overlook
Duwamish Head Greenbelt
Pelly Place Natural Area
Arroyos Natural Area
Maple School Ravine Natural Area
Orchard Street Ravine Natural Area
Puget Creek
Unprogrammed Project Funding
CFT INTERLOCAL FEDERAL YAY
16
Allocation
137,700
329,400
900,000
1,331,100
540,000
272,700
267,300
1,530,000
264,600
188,100
709,200
1,278,900
473,400
450,000
819,900
5,400,000
447,300
248,400
281,700
270,900
778,500
2,020,000
DECEMBER 29, 1993
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�ee velogme
accas tc the
corner the
laaP)
/8til tar is 14o-acra roj t includ
simple cquisiti artd 9g a es af le s than
riqhts. This pra ct includ obtain publ
ac3z at th larqe rz er bend the Nort est
aaertv (D ot parc "H° on e attache
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ettt to qet S
af the t in
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Atte urchaen
throua its no.
ct "!S'• cludes a 3-ac:s u and pares
in the nis Ax�de neighborh od locate
15th Ave ue North st in Sea tle.
e c�unty hall see to cbtai accass
land adjacent �a the 2 acre site
this operty, e parks ivisian s all,
maste lanninq rocess, eek ta
rovide c�ess to he site, includin par!cinq, for coun
sidents� who live eyand t immedia e ad�oini g
n ghbvrho
ree For. Addit3 is a mu ti-parce inheldi. �+ithin he
co ty's Th ee For!� Par1c alo Reiniq oad nea Snoqualm'e•
The aunty s 11 see to acqui as man of the� elve par ls
as p sible, th the qhest pr rity be q the p ooerty a nq
the we tern edg of the roject b ndary, jacant the
rvck�a marsh a a.
IIp r Hear reek Co ervatio aren is multi- opertY oject
ar_ within hich ac isition f fes si le and ess tha fea
devel ment r hts wil be pur asad for �nserva 'on purp ses.
a Con +o e coun shall s k to ac uir_
deve opment 'qhts ar nd Para ise Lake nd accs to thi
lake a fir priorit for ac uisition tha i nti�ied
crojec area.
Secon Priorit shall acquiss. ion of e fvrmer "whitel !c"
prooe Any p opertt cquisiti s beyo these t• prior�
r_as sh 11 be re 'ewed a approv by th CoC and c unty
uncil.
Lak eaxyer s a 29.5 c:e ua rfront oject cat_d on e
sout. ast sho oP Lak Sawyer 'n south ing Cou ty. The
county hall s k to acq ire pro erty tha orovid oublic
access the ua erEront d the oposed een to edar
rsaio�al rail.
BUHQRBAN CITIES PRQJECT9
Green River Access is a 4.4-acre project Nith approximat_1y 610
feet oE shoreline located adjacent to 4th Street Southeast on
the Grean River in the City of Auburn.
Soecial Condi.tion: The city shall seek to acquire as much
oE the proposed project as possible, Nith a first oriority
og qaining public access from the street end at the
northern project boundary.
olson canyan is a 6o.5-acre project adjacent to the north end
o� Auburn Go1E Course on Green River Road.
�oecia Co�ditLOn: The City of Auburn s:tall ensure
preservation ot the historic character o� thinscon�unction
including the homestead and barn buildings, 7
with agency or other recognized historic preservation/
cultural resources authorities.
Heydenbauer BaY ie a 4/LO of an acre site lacated on the
shoreline of Lake Washinqton on Southeast Bellevue Place in the
.City of Bellevue•
CFT 1NTERLOCAL FEDERAL NAY
17
DECEMBER 29, 1993
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sammamish River/e�ka-Gilman GreenWay (Hothell portion) 1s a
26.1-acre vQen space adjace.nt to the Hur:ce Gilman Regional
Trail and tha Sammamish Slaagh on Hothall Way in Bothell. The
project will purctsaee develoQment riqhts on a pvrtion of t:�e
"front nine" oP the Wayna Golt Course, and will require
continued public availability to the galf caurse at pricQs
equivalent to publicly-owned galf courses in xinq Countl.
��ecial Candition: The Citf of Bothell shall ensure that
the vegetation betaeen the Burke Gilman T:ail and the golt
course is reqularly pruned to ensure clear visibility to
trail users of tha oQen space tram the entire lenqth oP
the trail borderinq open apace.
Douqharty Far� is a 22.6-acre ooen space in the Snoqualaie
Valley located on Northeast Cherry Valley Road just nort:� of
the present citf limits af the City of Duvall.
8lster9 ot 4isitation is an 11.7-acrs site �+ith aooroximate'y
605 feet of shoreline on Puqet Sound. The site is located on
Marine View Drive in Federal 'day.
Snecial Condition: The portion o� this site that contains
t�`te gootprint oF the existing buildinq that �ill be used
as a conference center is not eligible for CFT fundinq.
Further, the City of Federal Way will ensure that the
general public aill have full, well-identified accass to
the grounds that are purchased with t7ese conservation
futures funds and that this property Will not be for the
exclusive use of any conPerenca attendees or other users
of the building located at the site.
Fisher's Pond is a 17.�-ac:_ project located on southwest 320th
Strset and 7th Avenue Southwest in Federal Way•
8cheol Site No. 2o is a 10.3-acre project located on 1�th
Avenue Southeast in rederal Way.
Tibbett Property is an 18-acr_ site that lies at the ent�ancs
t� Issav_uah's Tradition Lake Park and the Tiqer Mountain State
Forest. The site is adjacant to Interstate 90 �est o� the High
Point exit east oP Issaquah.
Soecial Condition: It is anticipated that funding
shortfalls in this project will be addressed by the State.
Johnson Property is a].4-acre proper�y located in downtown
Issaquah at the junction oP the East Fork and main stem ot
Issaquah Creek.
Graen River NREA is an approximately 270-acre site locat_d
adjacent to the Green River, south of South 212th Street, and
adjacent to a proposed stormwater management and wetland
enhancement basin facility currently owned by the Citl oP Kent.
Dpper Hill Creek Canyon is tuo parcels of land totaling �•6
acres that ar� inholdinqs within Kent's Mill Creek Park.
Ri•rer�leW Park,is a 11.3 acr= project located along the east
bank ot the Green River, adjacent to SR 167 in Kent.
Snec{��, Condition: As a first priority, the City shall
seek to acquire prooerLy bet�een Ha�+ley Road and the Gr__n
River, known as the "Haldwin" property. As a second
priority, the City shall seek to acquire the parcels
located betxeen Hawley Road and SR 167.
CFT INTERLOCAL FEDERAL WAY
18
DECEMBER 29. 1993
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Suaaita Ba• ark Espaasion is a 1.7-acre par• aith 240 fest
of shoreline on Lake washinqtan and is locatsd to the north o[
e�cisting 7uaaita Hay Park on 98th Avenue Nort�east in
Rirkland.
Hrink Park Expansioa is a.7-acre sita located on Lake
Washington ad�acent to the south end of Brink Par� on Mar�et
Street in xirkland.
Soecial Condition: It state IAC funding is secured tar
this project, unanticipated CFT Eundinq surplus shall be
rQprogrammed unless nesded to campleta the Kirkland
Juanita Bay Park Expansion project, identiPied'above.
HcAleer Creek Opea 8pace Program is a 1.1-acre parcel locatsd
on Perkins Way in the City of Lake Fvrest ParX. The projact
contains shoreline alonq McAlesr Creek.
HeadaMbraok Fasm is a 4J0-acre farm locats within the citles
of North Bend and Snaqualmie on the Snoqualmie-North Bend Road
and alonq the South tork of the Snvqualmie River. The cities
of North eend and Snoqualmie shall seek to acquire the
properties identiFied as "Phase II" on the attached map.
Lake Snmmamish Rateriront Park is a multi-parcel project with
apQroximately 2500 Peet of,shoreline on Lake Sammamish and is
located alonq East Lake Sammamish Park�ay. This prooerty is
located within unincorporated King County, however, it would be
oaned and ooerated by the City ot Redmond.
SDecial Condition: The City of Redmond shall aggressively
pursue other sources of funding to complete this project.
Cedar River Trail is a City of Renton oroject that is 51.6
acres in size and is located alonq the Cedar River and Cadar
River Regivnal Trail east of Interstate 405 in Renton.
�oecia� Condition: The City of Renton will preserve at
least hal£ of the level ar�a in the center ot the site for
open space uses consistent with the restrictioas
identified in Ordinanc� 10750. Any portion og this
project site that is pcoposed for acti��e r_c:_ation or
other activities not in keeping �+ith the fundinq
r_quirements of the Regional Conservation Futsr_s 199]
Acquisition Hond Proqram �+ill not be eligible for funding.
9Qringbrook Craek Trail is an 8.8-ac:� City of Renton oroject
located on Talbot Road and the 'Aest Vallsy Hiqhway (SR 167).
Roodinville Green Gateuay is a 3.7-acre project located in the
City of Woodinvill_ adjacent to the Sammamish Va11ey/Bur!ta
Gilman Regional Trail, which is on the Samraamish River. The
project is located on 171st Avenue NE and NE 175th S�reet.
S�ecial Condition: The City shall seek to secure the
necessary funds to acauire the entire proposed oroject
araa. Upon purchase of this site the City of woodinville
will cttange the configuration vP existing parking on the
site to be no more than 15� of the entire site. Should
the City be successful in acquiring the school distric�
property locat=l to the east of the project area, within
three years of the passage of this Motion, the City of
Woodinville will eliminate all parkinq from the site in
perpetuity.
CFT 1NTERLOCAL FEDERAL WAY 19 DECEMBER 29� 1993
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CITY aF BSA� PRaJECT9
Horth Beach Natura). Area is a 1.19-acre project located betxeen
Northwest 91st Placs and Northwest 95th Flace that includes a
creek within a wooded ravi.ne.
Bunaet Hill Greeabelt is a 27.3-acre greenbelt located alang
Seaview Avenue Northwest adjacent to Shilshola Bay Marina.
Thoraton Craek Watar,hed consists o� three sites:
sand Paint Wap, a 1.77-acre project locatad at the
intersectiocs oE Sand Point Way Nartheast and Nart'�east
95th 3t: eet;
Little Hrook is a 3.14-acre multi-parcel project wit:�
aporvximately 100o �eeC of str_am and a aoaded ravine.
The project is locsted betxeen Northeast 117th Streat and
Northeast 12oth Street;
Haple Creek is a 4.54-ac:_ wvoded ooen spacs alonq
Thornton Cr�ek located east of 40th Avenue Northeast and
Northeast 89th Streat.
Llandover Woods: 3rd 2�1 HW 145th is a 9.54-acre wooded and
qrassy meadow site located just south o� the northerly limits
of Seattle at Northwest 143rd Street near Northwest Culbertson
Drive.
140�3 32nd NE is a.86-acre parcel located on 72nd Avenue
Northeast bet�reen Northeast 143rd Strest and Northeast 140th
S�r_et. The project contains a meadvw and a small stream.
iremont/veme is a.2-ac:a undevelooed orooerty lacated bet:�een
Northwest 35th Street and North Canal S�reat.
�ap�;a� Conditiots: Trie City is encouraqed to exvlors
alternative open space sites within the Fremont cotnmunitl
before acquirinq this prooert�.
Hurke-c311man Green�+ay: silver Cloud is a.5-acre undevelcped
arez adjacant to the Burke Gilman Trail near 27th Avenue
Northeast. The site is also proposed as z location for the
daylightina oP Ravenna C:eek, which currQntly runs throuqh a
drainaqe pipa on the proQerty.
Snecial Condit�on: As a first oriori�y, the city shall
seek to acquire the property alonq the eastern edqe of the
project boundary.
Burke-Gilman Greenway: DNR is a 3.12-acr° section oE the Burke
Gilman Trail that is not in City of Seattle oNnership. In
addition tv the trail, the property contains a naturai buffer
to the trail. The site is located east of 40th Avenue
Northeast and west of Sand Point Way t{ortheast.
Hurke Gilman Greenway: Northeast 85th and 9and Point Aay is a
I GilmanrTraildnearaSand PointrWaylandtNortheastn85th Street ke-
Bt. Hark's Greenbelt is an 8.7-acre Nooded open sgace on the
west side of Capital Hill south of Broadway east and north of
East Highland Drive.
Hagnolia Gzeenbelt is a.51-acre wooded hillside near the
Maanolia viaduct at Amherst Avenue West and is part of the
j larger Magnolia Greenbelt under public ownership.
CFT INTERLOCAL FEDERAL NAY
20
DECEMBER 29, 1993
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Hadiso�ail� is
project area bvrder9
Moatlake cut at East
s�v��
a 3.88 acre multi-par�oroject. The
Laka F7aehirsgton at tha ent�anca to the
McGilvra St,:eet, east af ]7th avenue East.
Saeci,,,�l Cnndition: The City shall seek to acquire as many
of the parcels as possible, with highest pr±ority beinq
acquisitiaa ot public waterfront accass. The city shall
aggreasively pursue other saurces aE fundinq, includinq
city resourcas, te complete this project.
Northeast Queen anne cireenbelt Tip is a.5-acre parcel t:�at
serves as a northern terminus to the Northeast Queen Anne
Gr�enbelt. The eite ie.lacated bet�een Dextar Avenue and 4th
Avenne Narth.
HGH Eastlake is a.51-acre project with a view of Lake Unio�
and' a serres as an addition to an Olmstead Parlc and a P-Patch.
The project is located west of Eastlake Avenue East.
3oai Eaet Hadison is a.28-acre wooded slopinq hillside in
Madison Valley oE Central Seattle and is located at the
intersection of East Madison Street and East Merc�r S�reet.
Northeast Queen Anne overlook is a.68-acre open soaca prooerty
that orovides panoramic view east over Lake Union and the
Cascades, Lake Washington and Mount Rainier. The oroject is
located at the intersectioti of Blaine Street and Taylor Avenue
Narth.
Duwamieh Head Greenbelt is a 5.26-acre project on the east
facing s1oQe of the Duwamish River. Priorit�r acquisition
properti?s are located on Fauntl_roy Avenue Southwest just east
of Admiral way. A second priority acquisition site is located
adjacant to Lotus Avenue and Harbor ?.venue Southwest.
Snecial Condition:
priority shall be
attached map. It
D1, D2, D3 and E3
ac�uisition.
The City's hiqhest acquisition
parcals "A", "B", "C" and "D" on t:�e
additional funds ars available, oarcels
will be the second oriarity far
Yelly Place Natural A.rea is a.29-acr_ project locate� east oE
Murray Avenue southwest at the entrance to a larger �ocded
ravine.
Arroyos Nntural .�.rea is a 6.85-acre �rooded hillside site above
Puget Sound along Marine View Drive in south Seattle.
HaDle 3chaol Rnvine Nntural Area is a 2.19-acra multi-parcel
linear wooded gr_enbelt located adjacent to 19th Avenue SouLh
bet:reen South Lucille Strest and South Juneau Street.
Orchard 8treet Ravine Natural Aren is a 1.51-ac:e project
consistinq of 2 parcels that are part of a shallow,
undeveloped, wvoded ravine adjacent to Southwest Orchard
S�reet.
Yuqet Creek Natural Area is a 4.69-acre multi-parcel project
located adjacent to 19th Avenue Southwest betueen Southwest
Brandon Street and Southwest Juneau St:eet. The natural area
contains or borders a cr_sk that is linked to Puqet Park.
CFT INTERLOCAL FEDERAL NAY
21
DECEMBER 29, 1993
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ATTACHMENT C
ADDITIONAL SPECIAL CONDITIONS
t''!
�1
1. No more than $977,000 in general administrative costs
(including all negotiation, general management and indirect expenses)
may be reimbursed from Project Funds allocated to the City of Seattle.
Administrative costs attributable to King County's oversight of the
project, however, may be reimbursed from such project funds.
2. No more than the general administrative costs (including all
negotiation, general management and indirect expenses) identified in
individual project applications may be reimbursed from suburban Project
Funds as follows:
City
Auburn
Auburn
Bellevue
Bothell
Duvall
Federal Way
Federal Way
Issaquah
Issaquah
Kent
Kent
Kent
Kirkland
Kirkland
L.Forest Pk
North Bend/
Snoqualmie
Redmond
Renton
Renton
Woodinville
Project
Green River Access
Olson Canyon
Meydenbauer Bay
Burke Gilman/Sammamish
River Greenway
Dougherty Farm
Sisters of Visitation
Fisher's Pond and
School Site No. 20
Tibbott Property (Tiger Mountain)
Issaquah Creek Johnson Property
Green River NREA
Upper Mill Creek Canyon
Riverview Park
Juanita Bay Park Expansion
Brink Park Expansion
McAleer Creek OS Program
Meadowbrook Farm
E. Lake Sammamish Waterfront Pk.
Cedar River Trail
Springbrook Trail
Woodinville Green Gateway
Administrative
Costs
-0-
-0-
30,000
8,000
5,000
30,000
55,000
5,000
5,000
-0-
2,000
-0-
-0-
-0-
-0-
-0-
20,000
25,000
18,000
1,440
Administrative costs attributable to King County�s oversight of the
project, however, may be reimbursed from such project funds.
County Council.
3. Seattle may reprogram funds from its regional or local
unprogrammed funding projects to other projects funded in this
agreement after reporting such reprogramming to the Committee and the
CFT INTERLOCAL FEDERAL NAY
DECEMBER 29, 1993
n 4 A
f
4. Prior to disbursement of any Project Funds hereunder, Seattle
shall negotiate in good faith for the conveyance of property needed by
King County to complete its 1989 King County Open Space Bond Project or
its projects under the Program. The projects include:
Shoreline Interurban Trail
(City Light Right-of-Way)
Soos Creek Trail Extension North
(Seattle Water Department Right-of-Way)
0
a0
O
c�
a'
C�
King County also agrees to negotiate the conveyance of properties King
County owns that the City needs to complete its projects under the 1989
King County Open Space Bond Proj ect or its proj ects under the Program.
5. Suburban Cities shall provide matching funds to each project
as follows:
City
Auburn
Auburn
Bellevue
Bothell
Duvall
Federal Way
Federal Way
Issaquah
Issaquah
Kent
Kent
Kent
Kirkland
Kirkland
L.Forest Pk
North Bend/
Snoqualmie
Redmond
Renton
Renton
Woodinville
Project Matchina Funds
Green River Access
Olson Canyon
Meydenbauer Bay
Burke Gilman/Sammamish
River Greenway
Dougherty Farm
Sisters of Visitation
Fisher�s Pond and
School Site No. 20
Tibbott Property (Tiger Mountain)
Issaquah Creek Johnson Property
Green River NREA
Upper Mill Creek Canyon
Riverview Park
Juanita Bay Park Expansion
Brink Park Expansion
McAleer Creek OS Program
Meadowbrook Farm
E. Lake Sammamish Waterfront Pk.
Cedar River Trail
Springbrook Trail
Woodinville Green Gateway
Includes METRO SIF
-0-
-0-
500,000
-0-
82,000
405,000
-0-
-0-
-0-
3,400,000
73,500
-0-
530,000*
225,000
-0-
-0-
-0-
702,249
65,388
-0-
6. Snoqualmie and North Bend shall be jointly and severally
liable for performing of City obligations under their agreement with
King County.
CFT 1NTERLOCAL fEDERAI HAY
26
DECEMBER 29, 1993
Certificate of Insurance
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
PROFESSIONAL PRACTICE INSURANCE BROKERS INC. INFORMATION ONLYAND CONFERS NO RIGHTS UPON
10 CALIFORNIA STREET THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
REDWOOD CITY CA 94063-1513 AFFORDED THE POLICIES LISTED BELOW.
(415) 38&5�0 Fax: (415) 36B-1455
Insureds Name and Address:
BROWN AND CALDWELL
3480 BUSKIRK AVENUE
PLEASANT HILL CA 94523
Companies Affording Policies:
A:
e:
c
D:
e: RELIANCE NATIONAL INDEMNITY COMPANY
F:
COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOIWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POIICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE
GENERAL LIA8ILITY
Commercial Generel Liability
Claims Made
q occurrence
Owner's and Contractors
Protective
AUTO LIABILITY fe7
Any Automobile Q 5 h7.7�
.All Owned Autos
Scheduled Autos MANNt�� �_;;�RVlCES
B Hired Autos CITY OF ��DERAL WAY
Non-owned Autos
Garage Liability
EXCESS LIABILITY
�i Umbrella Form
0lherthan Umbrella Form
WORKERS'
D COMPENSATION
AND EMPLOYER'S
LIABILITY
E PROFESSIONAL NTF201569806 5/31l97 5/31/98
LIABILITY"
F
POLICY LIMITS
General Aggregate:
Products-Com/Ops
Aggregate:
Personal and Adv. Injury:
Each Occurrence:
Fire Dmg. (any one fire):
Combined Single Limit:
Bodily Injury/person:
Bodily Injury/accident:
Property Damage:
Each Occurrence:
Aggregate:
Statutory Limits
Each Accident:
Disease/Policy Limit:
Disease/Employee:
Aggregate $1,000,000
Description of Operations/LocationsNehicles/Restrictions/Special Items:
All operations of the named insureds including Construction Mangement Services for Panther Lake Flood Control Facility.
*Written at aaareaate limits of liabilitv not less than amount shown.
Certificate Holder:
CITY OF FEDERAL WAY
33530 FIRST WAY SOUTH
FEDERAL WAY
ATTN: BARBARA BETSCH
WA 98003
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS
PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
IXPIRATION DATE THEREOF, THE ISSUING CAMPANY WILL MAIL 30 DAYS WRfTTEN
NOTICE TO THE CERTIFICA HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT
OF CANCELLATION FOR NO -PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
Authorized
5/30/97 dc
CC: