19-184 - King County - Interlocal Cooperation Agreement for Conservation Futures-Funded Open Space Acquisition Projects

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19-184(a) Council Approval 3/4/24 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS 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 policy updates. THIS AMENDMENT is entered into between the CITY OF TUKWILAand KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation Agreement entered into between the parties on the 11thday of December, 2019. Section 5.2 is updated with the additional language as underlined below: Section 5.2 Use of Proceeds.Proceedsprovided to the City pursuant to this agreement as well as moneysprovided by the City as match pursuant to this agreement may be used only to pay capital costs related to property acquisition and initial site stabilization activities.Thosecostsinclude appraisals, title searches, negotiations, administrative overhead, and the cost of actual acquisition or purchase options, and all other costs meeting the requirements ofK.C.C. 26.12.010.The City shall have the property valued by an appraisal performed by an independent state-certified real estate appraiser with a current general real estate appraiser license, and reviewed by an independent state-certified general real estate appraiser unless otherwise provided in K.C.C. 26.12.010.In requesting reimbursement of proceeds for the Project, the City shall demonstrate to the County compliance with this Section 5.2. Proceedsutilized pursuant to this agreement may not be used to purchase land obtained through the exercise of eminent domain. The first sentence of Section 6.1 is deleted and replaced with the following: Except for acquisitions of property interests in opportunity areas, as defined by K.C.C. 26.12.003, anyProject funded by Conservation Futures Levy proceeds shall be supported by the City in which the Project is located with a matching contribution,which is no less thantwenty-five percent of the total costs ofthe Project including the value of the matching contribution provided by the City. The second paragraph of Section 6.4 is updated with the additional language as underlined below: The City shall not change the status or use of properties acquired with proceeds provided pursuant to this agreement unless the City provides equivalent lands or cash in exchange for the land to be changed to a different use, or a combination of land and cash reimbursement is provided. The land shall be valued in its changed Amendment 1Page1 Tukwila-King CountyInterlocal Cooperation Agreement