HomeMy WebLinkAboutReg 2024-03-04 Item 6C - Interlocal Cooperation Agreement - Amendments for Nelsen Side Channel and Duwamish Hill Preserve with King County for $515,000COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
03/04/24
JR
ITEM INFORMATION
ITEM No.
6.C.
STAFF SPONSOR: MIKE PERFETTI
ORIGINAL AGENDA DATE: 03/04/24
AGENDA ITEM TITLE Nelsen
Conservation
Side Channel No. 91641203 and Park Acquisition
Futures Tax (CFT) Program Grant Award
CATEGORY ❑ Discussion
Mtg Date
Motion
Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
U Other
Mtg Date
0
Mtg
03/04/24
SPONSOR ❑Council ❑Mayor HR DCD ❑Finance ❑Fire ❑1'S ❑P&R ❑Police PIF Court
SPONSOR'S The Nelson Side Channel Prj aims to reconnect a remnant channel with the current
SUMMARY realignment of the Green River and Amd 2 allows for CFT funding to acquire a 1.5-acre
parcel adjacent to the project area and aquire 2 parcels for expansion. The required match
is budgeted in the project CIP. Council is being asked to accept two amendments to the ILA
between King County and the City of Tukwila, modifying ILA template language and
accepting $515,000 in grant funds.
REVIEWED BY
A Trans&Infrastructure
❑ CommunitvSvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
02/26/24 COMMITTEE CHAIR: ARMEN PAPYAN
❑ LTAC
DATE:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to the Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$515,000.00 $0.00 $0.00
Fund Source: GRANT AWARD AND CITY MATCH (SURFACE WATER FUND)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
03/04/24
Informational Memorandum dated 02/23/24
2023-28 CIP Pg. 28 & 83
ILA Amendments No. 1 and No. 2
ILA, 2019
Tukwila Award Letter — Nelsen Side Channel
Minutes from Transportation and Infrastructure Committee meeting of 02/26/24
165
166
City of Tukwila
Public Works Department - Hari Ponnekanti, Director/City Engineer
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director
BY: Mike Perfetti, Surface Water Sr. Program Manger
CC: Kris Kelly, Parks and Recreation Manager
DATE: February 23rd, 2024
SUBJECT: Nelsen Side Channel No. 91641203 and Park Acquisition Project No. 91730103
Conservation Futures Tax (CFT) Program Grant Award
ISSUE
Authorize two amendments to the Interlocal Cooperation Agreement (ILA) between King County and the City
of Tukwila for Conservation Futures -funded Open Space Acquisition Projects that will 1) capture King County
policy -related changes to the 2019 ILA and 2) provide grant funding for two City projects.
BACKGROUND
The Nelsen Side Channel project will reconnect a remnant channel with the current realignment of the
Green River, create public access to the river, restore critically needed off -channel habitat for endangered
aquatic species, and provide additional flood storage capacity. Amendment #2 authorizes CFT funding to
acquire the adjacent 1.5-acre parcel, expanding the project area to more than 5 acres.
Amendment #2 also provides CFT funding to acquire two parcels adjacent to Duwamish Hill Preserve
(1023049072 and 3351400005) and expand the park by 0.35 acres. Acquisition of these properties is
depicted in the park master plan and will support open space goals and shoreline restoration work
associated with the current surface water CIP, Duwamish Hill Preserve Phase 3.
DISCUSSION
City staff have been in negotiations with the Nelsen Family Trust to purchase the subject property. With this
funding, the City will have obtained $180,000 in grant funding for property acquisition. The required match is
budgeted in the project CIP and funded through the Surface Water Utility Enterprise Fund.
This agreement also formalizes a grant that was co -awarded in 2022 to Forterra and the City for Duwamish
Hill Preserve. Since the time of application in 2021, the property sold was illegally cleared, used for
construction equipment and vehicle storage, and is now on the market again. Forterra is in the process of
obtaining an appraisal and is leading negotiations with the seller's agent.
FISCAL IMPACT
Grant Award Required Match Match Source Total
Nelsen Side Channel $150,000 $50,000 2023-24 CIP $200,000.00
Duwamish Hill Preserve $365,000 waived NA $365,000.00
RECOMMENDATION
Council is being asked to accept two amendments to the ILA between King County and the City of
Tukwila, modifying ILA template language and accepting $535,000 $515,000 in grant funds and
consider this item on the Consent agenda at the March 4th, 2024 Regular Council Meeting.
Attachments: 2023-28 CIP Pg. 28 & 83
ILA Amendments No. 1 and No. 2
ILA, 2019
Tukwila Award Letter — Nelsen Side Channel
167
168
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Park Acquisition Project No. 91730103
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT:
COMMENT:
Acquisition of land to preserve open space or park land for future generations. Focus areas include Cascade \
There are recreational deserts within Tukwila, defined as areas more than a 10-minute walk from a quality
park. The City desires to provide equitable access to a quality park for all Tukwila residents and acquisition of
key properties is needed. Also, open spaces are continually being developed and need to be preserved for
future generations. To support new development within the city, and the increase of population associated
with development (housing, work, or leisure), additional recreational spaces need to be provided to support
those that live, work, and play in Tukwila.
2020 PROS Plan Identified 57th Ave South park, Tukwila Pond Park, P-17 Pond, and the Riverview Plaza
Riverfront as locations suitable for water access/public space improvements.
To be determined
Project is on Park Impact Fee list.
FINANCIAL Through Estimated
(in $000's)
2021 2022 2023
2024 2025 2026 2027 2028 BEYOND TOTAL
EXPENSES
Design
15
15
15
45
Land (R/W)
232
25
200
17,100
17,557
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
232
25
0
15
200
15
0
15
17,100
17,602
FUND SOURCES
Awarded Grant
25
25
Proposed Grant
8,000
8,000
Mitigation Expected
0
Park Impact Fees
15
200
15
15
2,200
2,445
City Oper. Revenue
232
0
0
0
0
0
0
0
6,900
7,132
TOTAL SOURCES
232
25
0
15
200
15
0
15
17,100
17,602
2023 - 2028 Capital Improvement Program
839.
28
169
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
PROJECT: Nelsen Salmon Habitat Side Channel Project No. 91641203
DESCRIPTION: Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river
channel with the Green River.
JUSTIFICATION: WRIA 9 has identified this project a proposed action in the Salmon Habitat Plan.
The project area is primarily within State lands, but the intent is to transfer to City. The project may take place
STATUS: under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to Floodplains
in 2020 with a low probability of success.
MAINT. IMPACT: Expected to increase maintenance
COMMENT: Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or
potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback.
FINANCIAL Through Estimated
(in $000's)
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Design
50
300
300
650
Land (R/W)
5
300
305
Monitoring
0
Const. Mgmt.
385
385
Construction
1,440
1,440
TOTAL EXPENSES
0
55
600
300
1,825
0
0
0
0
2,780
FUND SOURCES
Awarded Grant
50
150
150
350
Proposed Grant
300
100
1,232
1,632
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
5
150
50
593
0
0
0
0
798
TOTAL SOURCES
0
55
600
300
1,825
0
0
0
0
2,780
Project Location
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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 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 I lth day of December,
2019 .
Section 5.2 is updated with the additional language as underlined below:
Section 5.2 — Use of Proceeds. Proceeds provided to the City pursuant to this
agreement as well as moneys provided 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. Those costs include appraisals, title
searches, negotiations, administrative overhead, and the cost of actual acquisition
or purchase options, and all other costs meeting the requirements of K.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. Proceeds utilized 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, any Project 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 than twenty-five percent of the total costs of the
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 1 Page 1
Tukwila -King County Interlocal Cooperation Agreement
171
status or use, and not based upon its value as open space, and the replacement
land or payment amount must be approved by the County. If requested by the
County, at its own cost the City will provide the County an appraisal performed
within the previous year by an independent state -certified real estate appraiser
with a current general real estate appraiser license. The value established by the
appraisal will not be binding on the County. If the County approves replacement
land, the City shall complete the replacement within one year of approval. If the
County approves cash reimbursement, the City shall pay the County within 90
days of approval.
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.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment 1.
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 Thomas McLeod
King County Executive Mayor
Acting under the authority of Acting under the authority of
Ordinance 19646 ILA No. 19-184
Date: Date:
Approved as to form: Approved as to form:
Leesa Manion
King County Prosecuting Attorney
Kari Sand
City Attorney
Amendment 1 Page 2
Tukwila -King County Interlocal Cooperation Agreement
172
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 the allocation of additional proceeds 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 11 th day of December, 2019, as previously amended.
The parties agree to the following amendment:
The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached hereto.
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.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment 2.
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 Thomas McLeod
King County Executive Mayor
Date: Date:
Approved as to form: Approved as to form:
Leesa Manion
King County Prosecuting Attorney
Kari Sand
City Attorney
Amendment 2 Page 1
Tukwila -King County Interlocal Cooperation Agreement
173
EXHIBIT 1
2022 AND 2024 CONSERVATION FUTURES LEVY PROCEEDS
CITY OF TUKWILA ALLOCATION
Jurisdiction
Project Name
Allocation
Forterra and Tukwila
joint project
Duwamish Hill Preserve Addition
#2 (2022 Allocation)
$365,000
Tukwila
Nelsen Side Channel Acquisition
(2024 Allocation)
$150,000
TOTAL
$515,000
Project Description:
Project #1139013 (Award #1141631): Forterra NW & Tukwila — Duwamish Hill Preserve
Addition #2 (2022 Allocation)
Forterra and the City of Tukwila are working in partnership to expand the 10.5-acre Duwamish
Hill Preserve. This project would add 0.36 acres to the southeastern part of the preserve. The
acquisition would protect the site from potential development near the preserve gateway, buffer
the preserve from adjacent residential uses, and allow for implementation of Phase III of the
master plan including expansion of the gateway area, revegetation, and restoration. This project
received a match waiver. As a partnership project, this funding is being included in both the
Forterra NW and Tukwila King County CFT Agreements. Project funding is approved in King
County Ordinance 19364.
Is this a Bond -financed Project? Yes
Project #1145699: Tukwila — Nelsen Side Channel Acquisition (2024 Allocation)
The City of Tukwila seeks to create rare off -channel rearing habitat on the Lower Green River
for juvenile salmon. The city will acquire a single 1.46-acre parcel and set back the levee to
reconnect the river with its historic remnant channel. The city intends to provide public shoreline
access here and expand signage and wayfinding to facilitate connections to the Green River and
Interurban Trails. Match will come from city funds or other grant funding. This award requires
match equal to 25% of total project costs, reflecting the new match policy implemented July
2023 and adopted in the prior amendment. Project funding was authorized in King County
Ordinance 19712.
Is this a Bond -financed Project? No
Amendment 2 Page 2
Tukwila -King County Interlocal Cooperation Agreement
174
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF TUKWILA
FOR CONSERVATION FUTURES -FUNDED
OPEN SPACE ACQUISITION PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is a grant
agreement entered into between the CITY OF TUKWILA ("City") and KING COUNTY
("County").
Article I. Recitals
On February 27, 1989, the King County Council passed Ordinance 8867, which
established a process to allocate the proceeds of the Conservation Futures Fund.
On September 21, 1989, the King County Council passed Ordinance 9128, which
established a Conservation Futures Levy Fund to provide for the receipt and
disbursement of Conservation Futures tax levy proceeds and established conditions for
use of the Fund, including conditions covering allowable cost and expenses.
On July 21, 2003, the King County Council passed Ordinance 14714, authorizing
funding allocation procedures for King County Conservation Futures tax levy collections
and amending Ordinance 8867, Section 2, as amended.
The Conservation Futures Advisory Committee has recommended an allocation
of Conservation Futures proceeds to specific projects from the Conservation Futures
Levy Fund following notification to the cities that proceeds were available, provision of
an opportunity for the cities to respond and receipt by the committee of requests for
funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714.
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Starting in 1990 and through 2017, the King County Executive, as authorized by
the King County Council, executed Interlocal Cooperation Agreements for Conservation
Futures funded open space acquisition projects with the cities of Auburn, Bellevue, Black
Diamond, Bothell, Burien, Carnation, Covington, Des Moines, Duvall, Enumclaw,
Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Mercer Island,
Milton, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton,
Sammamish, Seattle, Shoreline, Snoqualmie and Tukwila, and Vashon Park District.
Many of these agreements were amended over time to add new projects.
Those existing Interlocal Cooperation Agreements remain in place with an
indefinite term for the projects for which Conservation Futures proceeds were disbursed.
The agreements require the properties to be maintained as open space in perpetuity.
The King County Council, by Ordinance 18978, has approved a new Interlocal
Cooperation Agreement template for future projects in order to add terms for the use of
bond proceeds for certain projects, achieve consistency between the agreement and the
King County Code, and make other technical changes.
Pursuant to chapter 39.34 RCW, the parties agree to the following:
Article II. Definitions
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 (i) conserve and enhance natural or scenic resources, or (ii) protect streams or
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176
water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes,
or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife
reserves, natural reservations or sanctuaries or other open space, or (v) enhance
recreational activities, or (vi) preserve historic sites, or (vii) preserve visual quality along
highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state
tracts of land of not less than one acre 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, or (c) any land meeting the definition of farms and agricultural
conservation under subsection (8) of RCW 84.34.020. As a condition of granting open
space classification, the legislative body may not require public access on land classified
under (b) (iii) of this subsection for the purpose of promoting conservation of wetlands.
2. Project
The term "Project" means the specific projects described in Exhibit A or
added by follow-on amendments to disburse proceeds entered pursuant to Section 8.2 of
this Agreement.
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 chapter 84.34 RCW and K.C.C. chapter 26.12.
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177
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 Project and to define the terms and conditions
governing both parties' obligations created by this agreement.
Article IV. Term of Agreement
This Agreement shall be continued in full force and effect and binding upon the
parties hereto upon execution of the Agreement by both parties. The terms of the
Agreement shall be indefinite. The Agreement will be terminated if the City is unable or
unwilling: 1) to expend the proceeds provided through this Agreement; 2) to satisfy the
matching requirements contained in this Agreement. If this Agreement is terminated as
set forth herein, the City shall reimburse the County all unexpended proceeds provided by
the County pursuant to this Agreement in the manner and amounts described below and
payment of all amounts due pursuant to Section 8.1.
Article V. Conditions of Agreement
Section 5.1 -- Project Descriptions. Proceeds available pursuant to this
Agreement may be used only for the Projects listed in Exhibit A, such substituted
Projects as may be approved by the County as set forth below, or Projects added by
follow-on amendments to disburse proceeds pursuant to Section 8.2 of this Agreement.
All County funded Projects must meet open space criteria as described in chapter 84.34
RCW and K.C.C. chapter 26.12.
Section 5.2 -- Use of Proceeds. Proceeds provided to the City pursuant to this
Agreement as well as moneys provided by the City as match pursuant to this Agreement
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178
may be used only to pay capital costs related to property acquisition. Those costs include
appraisals, title searches, negotiations, administrative overhead, and the cost of actual
acquisition or purchase options, and all other costs meeting the requirements of K.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. In requesting reimbursement of proceeds for the Project, the City shall
demonstrate to the County compliance with this Section 5.2. Proceeds utilized pursuant
to this Agreement may not be used to purchase land obtained through the exercise of
eminent domain.
Section 5.3 -- Completion/Substitution/Deletion of Projects. The City shall
complete the Project described in Section 5.1 of this Agreement within a two year period
from the effective date of the County ordinance appropriating funding for the Project. If
the City does not meet this two year requirement, unless the City demonstrates to the
Advisory Committee a compelling reason for continuance of CFT funding for the Project
beyond the two-year limit or a reprogramming request is timely approved as provided for
below, the County shall be released from any obligation to fund the Project, and the
County in its sole discretion may reallocate such proceeds for other projects in other
jurisdictions. The City may submit specific requests for project reprogramming to the
County for its approval within the two year period. All projects proposed for
reprogramming must meet open space criteria as described in chapter 84.34 RCW and
K.C.C. chapter 26.12, be submitted for recommendation by the County's Advisory
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179
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 Natural
Resources and Parks, Open Space Acquisitions Unit, or its successor.
Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent
domain to acquire the property, all proceeds provided pursuant to this Agreement plus
accrued interest on such proceeds shall be reprogrammed as provided in this Agreement
or repaid to the County.
Article VI. Responsibilities of the City
Section 6.1 -- Matching Requirements. Except for acquisitions of property
interests in opportunity areas, as defined by K.C.C. 26.12.003, any Project 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 than the amount of Conservation
Futures Levy proceeds allocated to the Project. This contribution may be in the form of
cash, land match with a valuation verified by an appraisal by an independent state -
certified real estate appraiser with a current general real estate appraiser license, or the
cash value, excluding King County conservation futures contributions, of other open
spaces acquired within the previous two years from the date of submittal of the
application by the City. The appraisal, to be reviewed, shall have been performed within
two years of the application deadline set for the annual allocation of conservation futures
tax levy proceeds under which the Property received funding. Properties considered as
land match or cash value of other open space acquisitions should be directly linked to the
property under application. Any City match, other than cash, shall require County
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180
approval. County approval and County acceptance of the City's match will be
transmitted in writing to the City by the County's Designated Representative.
Section 6.2 -- Reporting. All proceeds received pursuant to this Agreement and
accrued interest therefrom will be accounted for separately from all other City moneys,
accounts and moneys. Until the property described in the Project is acquired and all
proceeds provided pursuant to this Agreement have been expended, the City shall provide
the reports required by K.C.C. 26.12.035.
Section 6.3 -- Disposition of Remaining Proceeds. If the City does not expend all
proceeds obligated to be provided through this Agreement and no substitute project is
requested or approved as to the excess proceeds, such proceeds, if held by the City, shall
be refunded to the County. For purposes of this section, "proceeds" shall include all
moneys obligated to be provided by the County plus interest accrued by the City on such
moneys. Any proceeds in excess of those required to be provided by the County for the
actual costs of the Project shall remain with the County for use in its sole discretion.
Section 6.4 -- Maintenance in Perpetuity. Except as provided in this Section
6.4,the City, and any successor in interest, agree to maintain properties acquired with
proceeds provided pursuant to this Agreement as open space in perpetuity and, as
required by the County, to include in the real property records notice of this restriction.
Projects carried out by the City in whole or in part with funds provided for under the
terms of this Agreement shall not be transferred or conveyed except by Agreement with
an agency or nonprofit organization as defined in K.C.C. 26.12.003, which shall provide
that the land or interest in land shall be continued to be used for the purposes of K.C.C.
7
181
chapter 26.12, and in strict conformance with the uses authorized under chapter 84.34
RCW.
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. The land shall be valued in its
changed status or use, and not based upon its value as open space, and the replacement
land or payment amount must be approved by the County. If requested by the County, at
its own cost the City will provide the County an appraisal performed within the previous
year by an independent state -certified real estate appraiser with a current general real
estate appraiser license. The value established by the appraisal will not be binding on the
County. If the County approves replacement land, the City shall complete the
replacement acquisition within one year of approval. If the County approves cash
reimbursement, the City shall pay the County within 90 days of approval.
Section 6.5 — Tax Covenants. The City acknowledges that proceeds provided by
the County for a Project may be proceeds of tax-exempt bonds (the "Bonds") subject to
certain requirements of the Internal Revenue Code of 1986, as amended (the "Tax
Code"), including any implementing regulations and any administrative or judicial
interpretations. The City will comply with Tax Code requirements, including those set
forth in Exhibit B, which is incorporated herein, applicable to Bond -financed Projects
identified in Exhibit A, which is incorporated herein, as well as Bond -financed Projects
identified in subsequent amendments to this Agreement.
Article VII. Responsibilities of the County
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Subject to the terms of this Agreement, the County will provide Conservation
Futures Tax Levy proceeds in the amounts and for the Projects identified in Exhibit A as
well as in those amounts and for those Projects identified in subsequent amendments to
this Agreement. The City may request additional proceeds; however, the County has no
obligation to provide proceeds to the City in excess of the amount shown in Exhibit A.
The County assumes no obligation for future support of the Project 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,
cost and whatsoever occurring or resulting from: 1) the City's failure to pay any
compensation, fees, wages, 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 of this Agreement by the City, its officer, employees, agent
or representatives arising out of the performance of the terms of this Agreement.
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C. The City shall protect, 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 in the performance of its obligations under the terms of this Agreement. For the
purposes of this Agreement only, the City agrees to waive the immunity granted it for
industrial insurance claims pursuant to Title 51 RCW 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 employee, including judgments, awards and costs arising therefrom
including attorney's fees.
D. To the extent permitted by law, and except to the extent caused by the sole
negligence of the County, the City agrees, at its expense, to pay, and to indemnify and
hold the County, its officers, employees or agents harmless of, from and against, any and
all claims, damages, demands, losses, liens, liabilities, penalties, fines, taxes, lawsuits and
other proceedings and costs and expenses (including attorneys' fees) of every
conceivable kind, character or nature whatsoever, arising directly or indirectly from or
out of, or in any way connected with any examination or audit of any Bond issued to
finance or refinance costs of any Bond -financed Project identified in Exhibit A as well as
Bond -financed Projects identified in subsequent amendments to this Agreement by the
Internal Revenue Service, or any determination by the Internal Revenue Service or a
court of competent jurisdiction that the interest on any such Bond is or should be subject
to federal income taxation; provided, however, that the City shall not be liable for any
payment made by the County with respect to any settlement of any such examination or
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audit, or of any other proceeding related thereto, entered into without the consent of the
City.
Section 8.2 -- Amendment. The parties reserve the right to amend or modify this
Agreement. Amendments or modifications to disburse proceeds approved by the County
Council must be by written instrument signed by the parties substantially in the form of
Exhibit C. Other amendments also must be 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
term 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.
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
Agreements between the parties relating to the Project 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 hereto have signed
their names in the spaces set forth below:
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KING COUNTY
Dow o nstantine
Kin ounty Executive
Date: /2- ` r! ` za I
Acting under the authority of
Ordinance 18978
Approved as to form:
4-1
Dan Satt berg
King County Prosecuting Attorney
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CITY OF TUKWILA
Allan Ekberg
Mayor
Date: 4 2 — 'l - al
Approved as to form:
City Attorney
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EXHIBIT A
2019 & 2020 CONSERVATION FUTURES LEVY
CITY OF TUKWILA ALLOCATIONS
Jurisdiction
Project
Allocation
Tukwila
Duwamish River Habitat Corridor
(2019 award)
$335,000
Tukwila
Duwamish River Habitat Corridor
(2020 award)
$335,000
Tukwila
Equitable Access Initial
Acquisition Work (2020 award)
$25,000
TOTAL
$695,000
Project Description:
Project #1133810: Tukwila — Duwamish River Habitat Corridor (2019 award)
Tukwila is awarded funding to acquire a 0.93-acre parcel 073300-0225 located next to
the Green River Trail to provide riverfront public access and restoration opportunity
along the Duwamish River. This site offers passive park opportunity, with trails and
viewpoints, in a neighborhood with no other passive parks. The property contains 160
feet of tidally influenced shoreline within the Duwamish River transition zone.
Project funding was authorized in King County Ordinance 18835.
Is this a Bond -financed Project? No
Project #1136984: Tukwila — Duwamish River Habitat Corridor (2020 award)
The City of Tukwila received an award of $335,000 CFT in FY 2019 annual dollars for
this proposal to acquire 0.93-acre (parcel 0733000225) on the Duwamish River. The city
is returning this year to seek a match waiver and apply for the remaining $335,000 in
funding necessary to complete the project. This project was determined to be an
opportunity area project eligible for a match waiver (see Section 6.1 of the ILA), so the
local funding match requirement was waived for both the 2019 and the 2020 awards.
Project funding was authorized in King County Ordinance 18987.
Is this a Bond -financed Project? Yes
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Proiect # 1136851: Tukwila — Equitable Access Initial Acquisition Work (2020
award)
This project is for initial acquisition work to help identify a new open space acquisition to
serve open space equity needs in Tukwila. The project proposes to use the requested
funding for title, appraisal, and start-up work on mapped parcels in the city that meet all
three defined criteria for a match waiver. This project is not property -specific. City cash
match is required for this project. Project funding was authorized in King County
Ordinance 19021.
Is this a Bond -financed Project? No
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EXHIBIT B
Tax Covenants
The City acknowledges that proceeds provided by the County for the Project may be
proceeds of Bonds subject to certain requirements of the Tax Code. The City will take all
actions with respect to the Project, and proceeds received for the Project, necessary to
assure the exclusion of interest on the Bonds from the gross income of the owners of the
Bonds, including but not limited to the following:
(a) Expenditure of Proceeds. The City will expend proceeds of the Bonds
received from the County for capital expenditures for federal income tax purposes within
the meaning of Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to
pay, or reimburse the City for, Project capital expenditures or to repay interim indebtedness
incurred for capital expenditures of the Project.
(b) Notice. The City will provide notice of action taken or planned to issue any
tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness,
to finance Project costs.
(c) Treatment as Grant.
(1)
The City is a governmental entity possessing substantial taxing,
eminent domain and police powers and constituting a political
subdivision of the State.
(2) The City is not acting as an agent of the County.
(3) The grant of proceeds for the Project does not impose any obligation
or condition to directly or indirectly repay any amount to the County
(excluding obligations or conditions intended solely to assure
expenditure of the transferred moneys in accordance with the
governmental purpose of the transfer).
(4) The grant is required to be used for open space as required under
Article II but does not impose any conditions relating to the use of the
Project or other property of the City by the County or any of its
agencies or authorities.
(5)
This agreement is a grant agreement.
(d) Limitations on Disposition of Project. The City will not sell or otherwise
dispose of any components of the Project without prior approval by the County and
compliance with timeframes for completion of land replacement or cash reimbursement as
provided in Section 6.4.
(e) Record Retention. The City will retain its records of all accounting and
monitoring it carries out with respect to the Bond proceeds received and with respect to the
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Project for at least three years after the Bonds mature or are redeemed as provided in the
amendment granting such Bond proceeds to the City.
(f) Cooperation. The City will provide tax certificates when and as requested by
the County or County's bond counsel in order to establish or maintain the tax-exempt status
of the Bonds. The City will cooperate in any audit of the Bonds by the Internal Revenue
Service, including disclosure of any record, contracts and other materials relating to the
Bond proceeds received by the City and the Project.
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EXHIBIT C
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF
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 and certain cities. This
amendment is entered into to provide for the allocation of additional proceeds made
available for open space acquisition.
THIS AMENDMENT is entered into between the CITY OF 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 day of (Month),
(Year), as previously amended.
The parties agree to the following amendment:
The Interlocal Cooperation Agreement is hereby amended by adding Exhibit 1, attached
hereto.
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.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF
Dow Constantine
King County Executive
Date:
Approved as to form:
Mayor
Date:
Approved as to form:
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Dan Satterberg
King County Prosecuting Attorney City Attorney
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EXHIBIT 1
[YEAR] CONSERVATION FUTURES LEVY PROCEEDS
CITY OF ALLOCATION
Jurisdiction
Project Name (Project Number)
Allocation
[City Name]
[Project Name] ([Project
Number] )
$
TOTAL
$
Project Description:
Project #[Project Number] [City Name] — [Project Name]
[Project Description used in legislation approving proceeds]
Is this a Bond -financed Project?
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l4
King County
Water and Land Resources Division
Department of Natural Resources and Parks
King Street Center
201 South Jackson Street, Suite 5600
Seattle, WA 98104-3855
206-477-4800 Fax 206-296-0192
TTY Relay: 711
December 5, 2023
Josh Hopkins
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Dear Josh:
The King County Council has approved the following award of Conservation Futures funding.
Award Type
Project Name
Award Amount
Required Match
FY 2024
Nelsen Side Channel Acquisition
$150,000
25% Match
The email accompanying this letter provides details about next steps on our Interlocal Cooperation
Agreement associated with this project. The project should be completed within two years of King
County Council's approval of funds.
Please contact me at (206) 477-4578 or Ingrid.Lundin@kingcounty.gov if you have any questions
about this award.
Sincerely,
L--,A2 l c2______
Ingrid Lundin
Conservation Futures Program Coordinator
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City of Tukwila
City Council Transportation & Infrastructure Services Committee
Meeting Minutes
February 26, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick
Staff Present: Hari Ponnekanti, Catrien de Boer, Seong Kim, Brandon Miles, Adib Altallal,
Sherry Edquid, Mike Perfetti, Bryan Still, Griffin Lerner
Chair Papyan called the meeting to order.
I. BUSINESS AGENDA
A. Brixx Development Contract Turnovers and Statutory Warranty Deed
Staff is seeking approval to accept turnover of sidewalks and storm drainage improvements
and dedication of right-of-way from Tukwila SSP, LLC for the Brixx Storage Facility.
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
B. Grant Acceptance: Nelsen Side Channel and Park Acquisition Project
Staff is seeking approval of two amendments to the Conservation Futures Interlocal
*Cooperation Agreement with King County to capture policy -related changes and provide
grant funding for the Nelsen Side Channel and Duwamish Hill Preserve projects.
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
C. Grant Acceptance: Nelsen Habitat Side Channel and "Green the Green" Phase 4
Staff is seeking approval to accept a King County Cooperative Watershed Management 2023
grant award including $200,000 for the Nelsen Salmon Habitat Side Channel project and
$40,000 for the "Green the Green" project.
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
D. Grant Acceptance: Southcenter Boulevard & 65th Avenue South Signal
Staff is seeking approval to accept a Transportation Improvement Board Urban Arterial
Program grant award for $782,090 for construction of signal.
Item for follow-up:
Provide a map of the Transportation Impact Fee zones
Committee Recommendation
Unanimous approval. Forward to March 4, 2024 Regular Consent Agenda.
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