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HomeMy WebLinkAbout92-113 - King County - Open Space Acquisition ProjectsKing County Department of Natural Resources and Parks Water and Land Resources Division Open Space Acquisitions Unit Attention: Lori Bryant MS — KSC — NR — 0600 201 SOUTH JACKSON STREET, SUITE 600 Seattle, WA 98104 (206) 296-7775 (206) 296-0192 FAX CONFORMED COPY 20120725001066 KC WLR CFT AMND 65.00 PAGE -001 OF 004 07/25/2012 13:49 Amendment to Conservation Futures Interlocal Cooperation Agreement Between King County and the City of Tukwila for Open Space Acquisition Projects July 25, 2012 Department: DNRP/WLRD Open Space Acquisitions Unit Parties: City of Tukwila and King County Project: Conservation Futures Amendment G Reference No. of Related Document: 20090408001204 92-113(g) Council Approval 6/18/12 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA 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 TUKWILA 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 25th day of August, 1992, 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 Duwamish Hill Preserve Acquisition, and hereafter reads: • On November 9, 2011 the King County Council passed Ordinance 17232, which appropriated a total of Two Hundred and Fifty ($250,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Hill Preserve 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 Tukwila for the disbursement of Conservation Futures Funds appropriated in Ordinance 17232. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include Attachment G, which lists a 2012 Conservation Futures Levy Allocation for the Duwamish Hill Preserve Acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment G, which lists a 2012 Conservation Futures Levy proceeds allocation for the Duwamish Hill Preserve 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 G, to be used for the Projects listed in Attachments A through G. The City may request Amendment G Annual CFT Interlocal Tukwila- King County 2012 CFT proceeds 1 9rd05 jolts,nG 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. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF TUKWILA Dow Constantine King County Executive Date: 7i Acting under the authority of Ordinance: 17345 Approved as to form: erbeg 4 -de -de Date 6/�G d/a Acting under the authority of Ordinance: Moiiart <11o,vc 3ala, Approved as to form: " Sa l/ King County Prosecuting Attorney City Attorney Amendment G Annual CFT Interlocal Tukwila- King County 2012 CFT proceeds 2 ATTACHMENT G 2012 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATION Jurisdiction Project Allocation Tukwila Duwamish Hill Preserve $ 250,000 TOTAL $ 250,000 Project Description: This is a 2 parcel, 1.9 acre open space acquisition project, located on South 115th Street near East Marginal Way in Tukwila. The project will buffer the Duwamish Hill Preserve from adjacent industrial and commercial uses. City of Tukwila — Duwamish Hill Preserve $ 250,000 Amendment G Annual CFT Interlocal Tukwila- King County 2012 CFT proceeds 3 qa--ii3(r) AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS Preamble 92-113(f) Council Approval 03/02/09 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 TUKWILA 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 25th day of August, 1992. The parties agree to the following amendments: Amendment 1: Article 1. Recitals Two paragraphs are hereby added to the Recitals Section to provide for two Conservation Futures Levy Fund allocations for the Tukwila Duwamish Gardens acquisition project, and hereafter reads: • On November 22, 2006, the King County Council passed Ordinance 15652, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 9, 2007 the King County Council passed Ordinance 15711, 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 15652. • On November 19, 2007, the King County Council passed Ordinance 15975, which appropriated a total of Three Hundred and Fifty Thousand Dollars ($350,000) in Conservation Futures Levy proceeds to the City of Tukwila for the Duwamish Gardens acquisition Project. On April 7, 2008 the King County Council passed Ordinance 16052, 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 15975. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -1- Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment F, which lists 2007 and 2008 Conservation Futures Levy Allocations for the Duwamish Gardens 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. AMENDMENT 4: Attachment F The attachments to the interlocal agreement are hereby amended by adding Attachment F, 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. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -2- 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 Ron Sims L) King County Executive Date: 3 40)017 Acting under the authority of Ordinances 15711 and 16052 Approved as to form: Dani.` atterberg King County Prosecuting Attorney Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -3- CITY OF TUKWILA Jim ;gerton M • , City of Date Thar & obi a0v9 Acting under the authority of Ordinance: Cour0,1t. rno470,- /1I4rdik. -3) (9009 Approved as to form: ATTACHMENT F 2007 and 2008 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATIONS Jurisdiction Project Allocation Tukwila (2007) Duwamish Gardens (Ordinance 15652) $ 350,000 Tukwila (2008) Duwamish Gardens (Ordinance 15975) $ 350,000 TOTAL $700,000 Project Description: City of TUKWILA— Duwamish Gardens $700,000 The Duwamish Gardens project is a 2.16 -acre acquisition project located on the Duwamish River at East Marginal Way South in Tukwila. The goal of the project is to acquire the site and restore it in the future as intertidal salmon and aquatic species habitat, similar to the habitat restoration project done about a half mile downstream at the North Wind Weir site. This portion of the Duwamish is listed as the highest priority area for restoration in the WRIA 9 Habitat Plan. Amendment F Annual CFT Interlocal Tukwila -King County 2007 and 2008 CFT proceeds -1- AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA FOR OPEN SPACE ACQUISITION PROJECTS Preamble AG c?a_(13(6) 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 TUKWILA 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 25th day of August, 1992, 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 Tukwila Duwamish Mini Park acquisition, and hereafter reads: • On November 22, 2004 the King County Council approved Ordinance 15083, which appropriated a total of Seventy-five Thousand Dollars ($75,000) in Conservation Futures Levy proceeds to the City of Tukwila Duwamish Mini Park acquisition Project. On March 14, 2005 The King County Council approved Ordinanc_e 15139, 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 15083. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment E, which lists a 2005 Conservation Futures Levy Allocation for the Duwamish Mini Park 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 2005 Conservation Futures Levy Allocation for the Duwamish Mini Park acquisition project as follows: Amendment E Annual CFT Interlocal Tukwila - King County 2005 CFT proceeds -1- Subject to the terms of this agreement, the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through E to be used for the Projects listed in Attachments A through E. 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 E. 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 E The attachments to the interlocal agreement are hereby amended by adding Attachment E, 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. Amendment E Annual CFT Interlocal Tukwila - King County 2005 CFT proceeds -2- 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 on Sims ing C y Executive Date: 4-6117 Acting under the authority of Ordinance 15139 Approved as to form: 7IDan tter . erg nte m King County Prosecuting Attorney Amendment E Annual CFT Interlocal Tukwila - King County 2005 CFT proceeds -3- CITY OF TUKWILA Steven Mullet Mayor Date 7 C) 9 Acting u der t e authority of #4rd ran Ce-um(,L 7j w Approved as to form: ATTACHMENT E 2005 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATION Jurisdiction Project Allocation TUKWILA Duwamish Mini Park $ 75,000 TOTAL $ 75,000 Project Description: Duwamish Mini Park: This project consists of the acquisition of a 1/2 -acre riverside urban green space, located at South 133tu Street and 57th Avenue South in Tukwila. This urban waterfront park will provide public access to the Duwamish/Green River for use as a scenic natural area. The project presents an opportunity to restore riverside natural habitat and refuge for threatened salmonid species. City of TUKWILA — Duwamish Mini Park $ 75,000 Amendment E Annual CFT Interlocal Tukwila - King County 2005 CFT proceeds -1- 4[& AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND CITY OF TUKWILA FOR OPEN SPACE BOND ACQUISITION PROJECTS Preamble i 1 C 0PY OF ORIGINAL FILET DEC 01 1994 King County The King County Council, through Ordinance 9128, has established a Conservation Futures Fund and appropriated proceeds to King County, the City of Tukwila, 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 TUKWILA ("City") and KING COUNTY, and amends and attaches to and is made a part of that existing Interlocal Cooperation Agreement entered into between the parties, dated the,8th day of June, 1990. I� 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 1993 allocation, and hereafter reads: Tukwila Pond "On October 17, 1994, the King County Council passed Ordinance 11531, which authorized expenditure from the Conservation Futures Contingency project of $258,844 for Tukwila Pond. The Council authorized the King County Executive to amend the interlocal agreement with the City of Tukwila in order to initiate this approved payment." Amendment 2: Article VII, Responsibility of County The first two sentences of this article are amended to include Attachment C which provides a copy of Ordinance 11531 authorizing this expenditure, and hereafter reads: Interlocal Amendment 00' Nd TOO S48033N A1Nf103 ONI) bid 00:S0:E0 E008—T027,6 1 October 1994 • • "Subject to the terms of this Agreement, 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. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Craig Lar = • cting irector Parks, P1 n g and esources Department Mayor CITY OF TUKWILA John "Wally" Rants /3c)/1 Date Date Acting under the authority of Ordinance Number 11531 4/- 9K Acting under the authority of ,e1, f,/ 7.e) Approved as to form: � 0--/—e,-) City Attorney Interlocal Amendment ATTEST: 2 October 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 October 12, 1994 JAG/elm CFT Annual Allo 1 ATTACHMENT C LARRY PHILLIPS GREG NICKELS CYNTHIA SULLIVAN Introduced by: von Reichbauer Proposed No.: 94-566 ORDINANCE NO.115 3 1 AN ORDINANCE appropriating $2,500,919 from unappropriated 1993 Conservation Futures revenue, nothwithstanding the provisions of K.C.C, 26.12, to King County, the city of Seattle and suburban cities for the purchase of options and parcels of land, and amending Ordinance 11130, Section. 117 and Attachment 2, as amended and adding a new section. BE IT ORDAINED B'' THE COUNCIL OF KING COUNTY: SECTION 1. There is hereby approved and adopted an appropriation of $2,500,919 from unappropriated 1993 conservation futures revenues, nothwithstanding the provisions of K.C.C. 26.12 tc King County, the city of Seattle and suburban cities for purchase of options and parcels of land. SECTION 2. Ordinance 11130, Section 117, as amended, is hereby amended by adding thereto and inserting therein the following: From the several capital improvement project funds there are hereby appropriated and authorized to be disbursed the following amounts for the specific projects identified in Attachment Nc. 2 of this ordinance. Fund Capital Fund 315 Conservation Futures $2,500,919 SECTION 3. Ordinance 11130, Section 117, Attachment 2, as amended, is hereby amended by adding thereto and inserting therein the following: Fund Project Description 315 315400 Seattle Conservation Futures Seola Beach Greenbelt Thornton Creek Natural Area 315719 Des Moines Conservation Futures Parkside Wetland 1 S 145,000 80,000 180,000 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 • 5 It_ 315724 Issaquah Conservation Futures M&H/Santana Site 500,300 315736 Renton Conservation Futures May Creek Trail 372,200 Springbrook Trail 125,026 315737 Tukwila Conservation Futures Tukwila Pond 258,844 352 352302 Waterways 2000/Urban Program 839,849 SECTION 4. The attached project information sheets are hereby adopted. SECTION 5. There is hereby added to Ordinance No. 11130 a new section to read as follows: All unexpended and unencumbered current expense appropriations, as defined in K.C.0 4.04.040(B)(4)(a), shall lapse except such appropriations carried forward pursuant to K.C.0 4.04.040(B)(4)and Ordinance No. 94-369. INTRODUCED AND READ for the first time this /� {h day /P1A�SSE�D-�by a vote of 6/ 3 to this /? day of L� (���.6 70,44) , 1994i. ATTEST: 1rG•t �7' Clerk of the Council APPROVED this KING COUNTY COUNCIL KING COUNTY, WASHINGTON Chair day of , 19 King County Executive P.ttachments; Project Information Sheets 2 1 AG 42-113 fie) AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA 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 TUKWILA 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 25th day of August, 1992, 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 Grandmother's Hill Acquisition, and hereafter reads: • On November 25, 2002 the King County Council passed Ordinance 14517, which appropriated a total of Two Hundred Thousand Dollars ($200,000) in Conservation Futures Levy proceeds to the City of TUKWILA for the Grandmother's Hill acquisition Project. On October 13, 2003 The King County Council passed Ordinance 14774, 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 14517. 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 Grandmother's Hill Acquisition project. Amendment 3: Article VII. Responsibilities of County, The first two sentences of this article are appended to include Attachment D, which lists a 2003 Conservation Futures Levy proceeds allocation for the Grandmother's Hill 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 D Annual CFT Interlocal T UK.MI. \-King County 2003 CFT proceeds -1- EN('p DEC 2 6 2003 ©c1 -)DY. • 1 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 Ron Sims King County Executive Date: Acting under the authority of Ordinance 14774 Approved as to form: NORM MALENG King County Prosecuting Attorney Amendment D Annual CFT Interlocal 'Ft K 1t I I_ A -King County 2003 CFT proceeds -2- CITY OF TUKWILA Mayor Date /2//b/O 3 Acting under the authority of Ordinance: /1//A Approved as to form: Cityc tto'rney ATTACHMENT D 2003 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATION Jurisdiction Project Allocation TUKWILA Grandmother's Hill Acquisition $200,000 $200,000 TOTAL Project Description: This 10.45 -acre property on South 115th Street, near Marginal Way South, is an important native heritage site with regional cultural significance. It contains a prominent hill that provides a lookout over the Green River, near another culturally important site, the North Wind Weir. The site provides geologic interpretive opportunities and view of the Green River, Mount Rainier and the Seattle skyline and 600 feet of shoreline access to the Green River, between the river and South 115th Street. The Site offers the longer-term potential for moving South 115th Street back from the river and restoring salmonid habitat. City of TUKWILA — Grandmother's Hill Acquisition $200,000 Amendment D Annual CFT Interlocal 'Ili kWI L.A-King County 2003 CFT proceeds -1- Preamble AG- 462 3 (6) AMENDMENT TO THE CONSERVATION FUTUR S ORIGIl�aFILED INTERLOCAL COOPERATION AGREEMENT BETWEEN RING COUNTY AND CITY OF TUKW LA NO V 6 1993 Director of . cord, 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 TUKWILA ("City") and KING COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperatipn Agreement ntered into between the parties, dated the day of 1922.. Ceeptta,e)- q2-113) 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 1992 allocation, and hereafter reads: "On September 7, 1993, the King County Council passed Ordinance 11012, which appropriated a total of $5,556,711 in Conservation Futures Levy proceeds to King County, the City of Seattle and suburban cities. The council authorized the King County Executive to amend the interlocal agreement with the suburban cities in order to initiate this approved payment." Amendment 2: Article VII, Responsibility of County The first two sentences of this article are amended to include Attachment B, which provides a copy of Ordinance 11012 authorizing this expenditure, and hereafter reads: "Subject to the terms of this agreement, the KING COUNTY RECORDS OOi RTD • County will provide Conservation Futures Levy Funds in the amount shown in Attachments A and B. This 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 other respects, the terms, conditions, duties and obligations of both parties shall remain the same as agreed to in the Interlocal Cooperative Agreement. IN WITNESS WHEREOF, authorized respresentatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY IL -411W TIM HI717 King County Executiv NOV 121993 Date Acting under the authority of Motion Number Approved as to form: NORM MALENG King County Prosecuting Attorney CITY OF TUKWIIA, WASHINGTON Date Acting under the authority of Regular Council Meeting Motion Date July 20, 1992 ( Minutes ) Approved as to form: City Attorney ATTEST: • King County Department Of Natural Resources And Parks Water And Land Resources Division Open Space Acquisitions Unit Attention: Pat Ross MS — KSC-NR-600 201 SOUTH JACKSON, SUITE 600 Seattle, WA 98104-1614 (206) 296-8337 (206) 296-0192 FAX CONFORMED 20030505002299 KING COUNTY AMND 0.00 PAGE 001 OF 004 05/05/2003 14:11 KING COUNTY, WA Amendment to Conservation Futures Interlocal Cooperation Agreement Between King County and the City of Tukwila for Open Space Acquisition Projects April 18, 2003 Department: DNRP/WLRD Capital Projects & Open Space Acquisitions Section Parties City of Tukwila and King County Project: Conservation Futures • • AG92I13 (a) AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA 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 TUKWILA 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 25th day of August, 1992, 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 Grandmother's Hill Acquisition, and hereafter reads: • On September 30, 2002 the King County Council passed Ordinance 14485, which appropriated a total of Three Hundred Thousand Dollars ($300,000) in Conservation Futures Levy proceeds to the City of TUKWILA for the Grandmother's Hill acquisition Project. On September 30, 2002 The King County Council passed Ordinance 14486, 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 14485. Amendment 2: Article V. Conditions of Agreement Section 5.1 is appended to include Attachment C, which lists a 2002 Conservation Futures Levy Allocation for the Grandmother's Hill Acquisition project. Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are appended to include Attachment C, which lists a 2002 Conservation Futures Levy proceeds allocation for the Grandmother's Hill 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 C to be used for the Projects listed in Attachments A through C. The City may request Amendment C Qrri Of c - Annual CFT Interlocal King County 2002 CFT proceeds E B 0 6 2004 -1- • 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 C. 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 CITY OF TUKWILA Ron Sims King County Executive Date: Acting un er t e authority of Ordinance 14486 Approved as to form: i � ! M ENG N� M ing County Prosecuting Attorney Amendment C Annual CFT Interlocal 2002 CFT proceeds \-King County -2- 5 wiry ,QOQA- t-(51 Steve Mullet Mayor Date 1 i Acting under the authority of Ordinance: Alie4 Approved as to form: City Attorney ,. • Jurisdiction TUKWILA ATTACHMENT C 2002 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATION TOTAL Project Allocation Grandmother's Hill Acquisition $300,000 $300,000 Project Description: Grandmother's Hill: This project consists of a 10.45 -acre parcel on South 115th Street, near Marginal Way South, containing a prominent hill that provides a lookout over the Green River. This property, an important native heritage site, has regional cultural significance. The project has 600 feet of shoreline access to the Green River, between the River and South 115th Street that offers the longer-term potential for moving South 115th Street back from the river and restoring salmonid habitat in the city of TUKWILA. City of TUKWILA — Grandmother's Hill Acquisition $300,000 Amendment C Annual CFT Interlocal -King County 2002 CFT proceeds -1- INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF TUKWILA SUBURBAN CITY OPEN SPACE ACQUISITION PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is entered into between the CITY of TUKWILA ("City") and KING COUNTY ("County"). Article I. Recitals On September 21, 1989, the King County Council passed Ordinance 9128, which established a Conservation Futures Levy Fund and established conditions for use of the Fund, including conditions covering allowable projects, costs and expenses. 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 King County, the City of Seattle and suburban cities. The Council, by Motion 8663, has approved the allocation of 1991 Conservation Futures Funds to the jurisdic- ions and authorized the King 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 Section 2.1 - 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: 1) conserve and enhance natural or scenic resources; or, 2) protect streams or water supply; or, 3) promote conservation of soils, wetlands, beaches or tidal marshes; or, 4) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space; or, 5) enhance recreational activities; or, 6) preserve historic sites, or, 7) retain in its natural state tracts of land of 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. Section 2.2 - Project. The term "project" means specific projects which meet open space criteria as described in King County Ordinance 8867, Section 1, and RCW 84.34.020 and which 1 1 • are attached to and incorporated by reference in King County Ordinance 9071 or added to the list of approved projects by the County. Section 2.3 - 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 RCW and King County Ordinance 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: 1) to expend the funds provided through this agreement; 2) to satisfy the matching requirements contained in this agreement; and, 3) 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 2 • • overhead, 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 thorough 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 it approval. All projects proposed for reprogramming must meet open space criteria as described in King County Ordinance 8867, Section 1, and Washington Statute Chapter 84.34.020 RCW, be submitted to and recommended by the County's Citizens 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, Office of Open Space. Section 5.4 - Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property all funds provided pursuant to this agreement plus accrued interest on such 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 an 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 conservation Futures Levy funds provided by the County. 3 • • Such matching contribution must be available within two years of the City's application for County funds to support Projects identified herein or approved substitute Projects. 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 legislative 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 applica- tion 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 in the Project; and, 3) a description of the means by which the City will satisfy the matching requirements contained in this agreement. Section 6.3 - Reporting. All funds received pursuant to this agreement and accrued interest therefrom will be accounted for separately from all other City 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 semi-annual written reports to the County. within 30 days of the end of each relevant time period. The semi- annual 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 Project and any changes to the approved time line; and, c) other 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 country with a final report, within 90 days of the end of the calendar year in which all funds were expended. Said report shall contain a summary of all project expenditures, a description of the project status and accomplishments and other relevant information requested by the County for the purpose of verifying compliance with this agreement. The City shall also provide the County, within 90 days of the end of each calendar year, annual reports which 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. Such reports shall be required only if a change has taken place or is 4 anticipated, except as provided above for ongoing and final project reports. all such reposts shall be submitted to the County's Department of Parks, Planning and Resources, Office of Open Space. Section 6.4 - Disposition of Remaining Funds. Open Space Bond funds as authorized by Ordinance 9071, are 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 costs of the Projects, then as to such excess funds, the City will: 1) reprogram such excess funds as set forth in this agreement; or, 2) justify to the County's satisfaction that such excess funds are necessary to complete the Project; or, 3) 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 included 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 tb any 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. Upon changes in status and/or use of the property acquired herein, at its own cost, the City will provide the County an independent MAI 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 90 days of such notification. Reimbursement not received within 90 days will accrue interest at the then legal rate. Article VII. Responsibilities of the 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 5 • • 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 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. 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, juagments, 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. Section 8.3 — 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 terms 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. 6 • • Section 8.4 - Entirety. This agreement is the 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 agreement 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. IN WITNESS WHEREOF, authorized representatives -of the parties thereto have signed their names in the spaces set forth below: KING COUNTY TI I HILL Ki County Execu ive DATE: Acting under authority�� authority of Motion as to form: ORM MALENG King County Prosecuting Attorney 7 CITY OF TUKWILA Acting under authority / authority of Motion 7 Jurisdiction King County King County ATTACHMENT A 1991 CONSERVATION FUTURES KING COUNTY, CITY OF TUKWILA AND SUBURBAN CITIES ALLOCATIONS Project Allocation Greenwood Property Swamp Creek $1,000,000 575,000 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. 8 DATE % INTERLOCAL COOPERATION AGREEMENTOg -COUNTY AND THE CITY OF TUKWILA SUBURBAN CITY OPEN SPACE ACQUISITION PROJECTS THIS INTERLOCAL COOPERATION AGREEMENT is entered into between the. CITY of TUKWILA ("City") and KING COUNTY ("County"). Article I. Recitals On September 21, 1989, the King County Council passed Ordinance 9128, which established a Conservation Futures Levy Fund and established conditions for use of the Fund, including conditions covering allowable projects, costs and expenses. 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 King County, the City of Seattle and suburban cities. The Council, by Motion 8663, has approved the allocation of 1991 Conservation Futures Funds to the jurisdic- ions and authorized the King 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 Section 2.1 - 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: 1) conserve and enhance natural or scenic resources; or, 2) protect streams or water supply; or, 3) promote conservation of soils, wetlands, beaches or tidal marshes; or, 4) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space; or, 5) enhance recreational activities; or, 6) preserve historic sites, or, 7) retain in its natural state tracts of land of 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. Section 2.2 - Project. The term "project" means specific projects which meet open space criteria as described in King County Ordinance 8867, Section 1, and RCW 84.34.020 and which 1 • • are attached to and incorporated by reference in King County Ordinance 9071 or added to the list of approved projects by the County. Section 2.3 - Conservation Futures. The term 1°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 RCW and King County Ordinance 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: 1) to expend the funds provided through this agreement; 2) to satisfy the matching requirements contained in this agreement; and, 3) 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 2 • overhead, 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 thorough 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 it approval. All projects proposed for reprogramming must meet open space criteria as described in King County Ordinance 8867, Section 1, and Washington Statute Chapter 84.34.020 RCW, be submitted to and recommended by the County's Citizens 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, Office of Open Space. Section 5.4 - Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property all funds provided pursuant to this agreement plus accrued interest on such 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 an 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 conservation Futures Levy funds provided by the County. 3 r ' •. s Such matching contribution must be available within two years of the City's application for County funds to support Projects identified herein or approved substitute Projects. 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 legislative 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 applica- tion 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 in the Project; and, 3) a description of the means by which the City will satisfy the matching requirements contained in this agreement. Section 6.3 - Reporting. All funds received pursuant to this agreement and accrued interest therefrom will be accounted for separately from all other City 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 semi-annual written reports to the County within 30 days of the end of each relevant time period. The semi- annual 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 Project and any changes to the approved time line; and, c) other 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 country with a final report, within 90 days of the end of the calendar year in which all funds were expended. Said report shall contain a summary of all project expenditures, a description of the project status and accomplishments and other relevant information requested by the County for the purpose of verifying compliance with this agreement. The City shall also provide the County, within 90 days of the end of each calendar year, annual reports which 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. Such reports shall be required only if a change has taken place or is 4 • • anticipated, except as provided above for ongoing and final project reports. all such reposts shall be submitted to the County's Department of Parks, Planning and Resources, Office of Open Space. Section 6.4 - Disposition of Remaining Funds. Open Space Bond funds as authorized by Ordinance 9071, are 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 costs of the Projects, then as to such excess funds, the City will: 1) reprogram such excess funds as set forth in this agreement; or, 2) justify to the County's satisfaction that such excess funds are necessary to complete the Project; or, 3) 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 included 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 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. Upon changes in status and/or use of the property acquired herein, at its own cost, the City will provide the County an independent MAI 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 90 days of such notification. Reimbursement not received within 90 days will accrue interest at the then legal rate. Article VII. Responsibilities of the 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 5 • • 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 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. H. 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. Section 8.3 - 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 terms 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. 6 Section 8.4 - Entirety. This agreement is the 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 agreement 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. IN WITNESS WHEREOF, authorized representatives of the parties thereto have signed their names in the spaces set forth below: KING COUNTY TI HILL Ki County Execu ive DATE: Acting under authorityey authority of Motion ne Ap as to form: ORM MALENG King County Prosecuting Attorney 7 CITY OF TUKWILA Acting under authority of authority of Motion d e/9/15;Z 4%10;4 .1m1A'' Girt/ fvt(q"' Jurisdiction King County King County • ATTACHMENT A 1991 CONSERVATION FUTURES KING COUNTY, CITY OF TUKWILA AND SUBURBAN CITIES ALLOCATIONS Project Allocation Greenwood Property Swamp Creek $1,000,000 575,000 Seattle Northeast Queen Anne Greenbelt 1,000,000 Seattle Belltown P -Patch 300,000 Seattle North Beach Natural Area 200,000 Bellevue South of 1-90 150,000 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. 8