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03-034 - King County - Fort Dent Park Transfer & Indemnification Agreement
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03-034 - King County - Fort Dent Park Transfer & Indemnification Agreement
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Last modified
12/28/2010 11:41:40 AM
Creation date
10/4/2010 8:59:11 AM
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Interlocal Agreements
Contract No (example 17-139)
03-034
Contractor (example *sabey*)
King County
Description (example *tourism*)
Fort Dent Park Transfer and Indemnification
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from federal income taxation If the City intends to take an action that could affect the <br />tax exempt status of any outstanding bonds, such as transferring the property <br />limiting the public use of the Property, or causing the Property to be privately <br />managed the City may request in writing that the County concur that such action will <br />not affect the tax exempt status of any outstanding bonds Such request must <br />contain sufficient information regarding the intended use of the Property for the <br />County and its bond counsel to fully evaluate the proposal If the County concurs the <br />County may not subsequently assert that such action violates this covenant. In <br />determining whether a requested action will or will not affect the tax exempt status of <br />any outstanding bonds, the County agrees to use good faith, to not unreasonably <br />withhold concurrence and to make its determination or to ask for additional <br />information within 45 days of a written request to do so by the City If the County fails <br />to respond to the City's request or ask for additional information within the 45 day <br />period the County may not subsequently assert that such action violates this <br />covenant If the County asks for additional information within the 45 day period, the <br />County will have an additional 30 days from the receipt of the additional information to <br />make its determination or the County may not subsequently assert that said action <br />violates this covenant <br />The City further covenants that it will not limit or restrict access to and use of the <br />Property by non -city residents in any way that does not also apply to city residents <br />The City covenants that if differential fees for non -city residents are imposed they will <br />be reasonably related to the cost borne by city taxpayers to maintain, improve or <br />operate the Property for parks and recreation purposes <br />The City acknowledges that a portion of the Green River Trail runs across the <br />Property and covenants to maintain in perpetuity the Trail for public trail purposes <br />and to maintain in perpetuity the connections between the Trail on the Property with <br />the portions of the Green River Trail that are outside of the Property <br />The City covenants that it shall place the preceding covenants in any deed <br />transferring the Property or a portion of the Property for public park, recreation or <br />open space uses <br />Dated this day of 20 <br />KING COUNTY WASHINGTON <br />BY <br />TITLE <br />Page 9 of <br />
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