14-020 - City of Kent - Briscoe-Desimone Levee Repair

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2. Definition of District. Unless provided otherwise in this Agreement, the term "District" hereinafter also shall include WLRD in its capacity as service provider to the District. 3. Interlocal Agreement with Tukwila. The City of Kent shall enter into an agreement with the City of Tukwila to act as lead agency for all work within the City of Tukwila. 4. Levee Design, Construction and Reimbursement. a. The City shall design, construct and install the improvements to the Levee Project and the four Reach Projects described and depicted on Exhibit A, , attached hereto and incorporated herein by reference in accordance with this Agreement, the DOE Agreement ", and District Resolution FCD2013 -02.2 ( "Resolution ") (the Resolution is attached as Exhibit B, which is incorporated herein by reference), as supplemented by the terms and conditions of Attachment A to Exhibit B, attached hereto and incorporated herein by reference. By executing this Agreement, the Parties acknowledge receipt and review of the DOE Agreement. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals for the Levee Project, and shall fully comply with all applicable requirements and conditions thereof. c. The Parties acknowledge and understand that at the effective date of this Agreement, most but not all of the estimated cost of the Levee Project is included in the District's 2013 -2018 Six -Year CIP, most but not all of the estimated cost of the Reach 3 Project is included in the District's 2013 Budget, and the estimated cost of the Reach 1, 2 and 4 Projects is anticipated to be included in the District's budgets for 2014 and thereafter. The District's obligation and responsibility to provide funding for the Levee Project, including all four Reach Projects, is conditioned upon appropriation by the District Board of Supervisors of sufficient funds to finance the Levee Project and the four Reach Projects, including the Reach 3 Project in the 2013 and 2014 calendar years. If the District Board of Supervisors fails to appropriate expenditures in a District budget to reimburse the City for costs and expenses related to the Levee Project or any of the four Reach Projects, the District reserves the right to terminate this Agreement, and the City shall immediately terminate work on any and all Reach Projects; provided, that until substantial completion of a Reach Project, the District shall continue to accept and review City requests for reimbursement up to the amount of funds appropriated in an approved District budget and still available for reimbursement under the DOE Agreement or this Agreement. d. The City's cost and expense for the Levee Project improvements shall be reimbursed pursuant to the procedures, requirements and restrictions of paragraph 13 below. e. The City shall obtain and convey to the District or King County any necessary easements for design or construction of or access to the Levee in the form of the standard River Protection Easement in Reference 8 -.P to the King County Surface Water Design Manual. These 3 EC approved (RB -RK)