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Home My WebLink About2003 - Amendment to Conservation Futures Interlocal Cooperation Agreement - King County / Grandmother's Hill - 20030505002299King 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 April 18, 2003 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 Department: DNRP/WLRD Capital Projects Open Space Acquisitions Section Parties City of Tukwila and King County Project: Conservation Futures a .ACS �i 1 C 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 Countv 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 Annual CFT Interlocal f: -King County Q 2002 CFT proceeds -1- 0 A 3 T FE B 0 6 2004 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 Steve Mullet King County Executive Mayor Date: 9 c 6`fl Date /,Z 7 Acting under tXe authority of Acting under the authority of Ordinance 14486 Ordinance: A /A Approved as to form: Approved as to form: N MAI;ENG U ing County Prosecuting Attorney City Attorney Amendment C Annual CFT Interlocal i r County 2002 CFT proceeds -2- ATTACHMENT C 2002 CONSERVATION FUTURES LEVY CITY OF TUKWILA ALLOCATION Jurisdiction Project Allocation TUKWILA Grandmother's Hill Acquisition $300,000 TOTAL $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 -l- native vegetation that may be planted and any flood protection works that may be constructed, within the Easement Area, without the prior approval of Grantor Nothing contained herein shall be construed as granting any license, permit or right, otherwise required by law, to Grantee with respect to the Property and the Easement Area For the purposes of this river protection easement, the term °native vegetation" shall mean vegetation compnsed of plant species, other than noxious weeds (as identified on the State of Washington noxious weed list found at Washington Administrative Code Chapter 16 -750, as amended from time to time), which are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur at the site Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other action related to the above described exercise of easement nghts This river protection easement and/or any flood related works constructed or to be constructed within the Easement Area shall not be construed as granting any nghts to any third person or entity, or as.a guarantee of any protection from flooding or flood damage, and nothing contained herein shall be construed as waiving any immunity to liability granted to Grantor by any state statute, including Chapter 86 12 of the Revised Code of Washington, or as otherwise granted or provided for by law The nghts, conditions, and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, and successors in interest and assigns of Grantor and Grantee SUBJECT TO THE FOLLOWING COVENANTS, WHICH ARE INTENDED TO BE RUNNING COVENANTS BURDENING AND BENEFITING THE PARTIES SUCCESSORS AND ASSIGNS The City, as required by RCW 36 89 050, covenants that the Property shall be continued to be used for open space, park, or recreation facility purposes or that other equivalent facilities within the County shall be conveyed to the County in exchange therefore The City covenants that it shall abide by and enforce all terms, conditions and restnctlons in King County Resolution 34571, including that the Crty covenants that the Property will continue to be used for the purposes contemplated by Resolution 34571, that the Property shall not be transferred or conveyed except by agreement providing that such lands shall continue to be used for the purposes contemplated by Resolution 34571, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or Crty shall be received in exchange therefore The City acknowledges that there are outstanding bonds that were used to finance the Property and covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation If the City intends to take an action that could affect the Page 8 of 11