HomeMy WebLinkAboutCAP 2013-07-08 Item 2C - Agreement - Duwamish Gardens Acquisition Services with King CountyTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bob Giberson, Public Works Director
By: Ryan Larson, Senior Program Manager
DATE: July 5, 2013
SUBJECT: Duwamish Gardens
Project No. 90630102
Agreement for King County Acquisition Services
ISSUE
Authorize the Mayor to sign an agreement with King County for land acquisition services.
BACKGROUND
The City acquired the Duwamish Gardens site in 2008 for future restoration as a salmon habitat site with minor park
elements. The project is currently in the design phase with construction anticipated in spring of 2014.
The Duwamish Gardens site is bounded by the Duwamish River on the south, East Marginal Wy S on the east, and a
neighboring property owned by Amalfi Investments on both the north and east sides. Amalfi Investments has been in
contact with the City since the site was purchased to determine if we would be willing to exchange a portion of the
Duwamish Gardens site for a portion of the Amalfi property. Habitat specialists reviewed all of Amalfi's prior proposals
and determined that they did not provide a net benefit to the habitat features and were rejected. Recently, Amalfi
provided a proposal where the City would sell a small portion of approximately 2,700 SF of the existing Duwamish
Gardens site near E Marginal Wy S to Amalfi Investments and Amalfi would then sell the City a larger portion of land
totaling approximately 16,500 SF with 260 LF of river frontage.
ANALYSIS
Acquiring additional project area and river frontage for Duwamish Gardens provides a clear habitat benefit to the
project. Staff has made preliminary contact with the granting agencies to determine if the sale of a portion of the
existing site was feasible under the required deed restrictions placed on the property. Preliminary responses indicate
that if we can replace any property that is being sold, show a net habitat benefit to the overall project, comply with all
property acquisition /sale requirements, and keep the sale portion below $70,000 in value, we should be able to obtain
approval from the various granting agencies for the exchange of property.
King County provided real estate acquisition services for the original purchase of Duwamish Gardens and is now
willing to provide these additional services for the proposed property exchange with Amalfi Investments. The real
estate services contract with King County is $50,000, which is an appropriate amount for this effort.
RECOMMENDATION
Council is being asked to approve the acquisition services agreement with King County for the Duwamish Gardens project
and consider this item at the July 22, 2013 Committee of the Whole and subsequent August 5, 2013 Regular Meeting.
Attachments: Acquisition Map
King County Agreement for Services
W: \PW Eng \PROJECTS\A- DR Projects \Duwamish Gardens 06 -DRO2 (90630102)Wcquisition \Info Memo King County Agreement for Services - Land Exchange.docx
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AGREEMENT BETWEEN KING COUNTY AND
THE CITY OF TUKWILA
FOR ACQUISITION SERVICES FOR THE
DUWAMISH GARDENS HABITAT RESTORATION
ENHANCEMENT PROJECT
THIS AGREEMENT is made and entered into by King County, Washington on behalf of
King County ( "County ") and the City of Tukwila ( "City "), collectively referred to as "Parties."
WHEREAS, the City is desirous of contracting with the County for the use of the County's
staff and services necessary to acquire and/or exchange property; and
WHEREAS, the County is agreeable to providing such services on the terms and conditions
hereinafter set forth and in the mutual covenants and agreements herein contained;
NOW, THEREFORE, it is covenanted and agreed as follows:
I. The County agrees, by and through its Open Space Acquisitions Unit, to provide the
services of contracting for appraisal, title and escrow, environmental reports and review and
conducting reviews of title and appraisal reports, and right -of -way personnel to assist the City in its
acquisition or exchange of property in connection with the surplus as directed by the City. Funding
for said services will be through funds held by the County and/or CFT Funds and/or other City
sources of funding.
The County agrees to provide the services described herein, subject to available
resources and consistent with the volume of County service activity upon receipt of a written request
from the city.
II. The City shall restrict the use of those properties acquired under this Agreement via
deed restrictions to uses that are consistent with those recorded on the existing Duwamish Gardens
property or consistent with current acquisition granting agency policies.
III. The City shall not be called upon to assume any liability for the direct payment of
any salaries, wages or other benefits to any County employee who is performing services for the City
as provided in this agreement.
IV. The County agrees to cover all County employees encompassed by this agreement
with self insurance under the Industrial Insurance Act.
V. For services rendered, the costs that will be billed by the County are determined as
follows:
1. An amount equal to the normal hourly salary of the personnel involved for each
hour involved in City work, plus
2. The actual additional costs incurred in the employment of that employee, which
includes paid time off, employee benefits and office administrative expenses.
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3. The actual total charges (salary and additional costs), dependent upon staff
member assigned to project, are as follows (2013 rates):
Title Work
Appraisal Services
Project Management
$84.86 per hour
$105.00 per hour
$110.16 per hour
These rates reflect actual 2013 costs. Rates will be adjusted annually in January
to reflect actual staff and operating expenses.
4. Actual costs for title and title review, appraisal and appraisal review,
administrative costs or other services required to acquire the property.
5. The total amount of payment to King County for this work shall not exceed
$50,000 without express written modification of this Agreement signed by the
City.
VI. The County, while providing project management services to the City, shall also be
responsible for reporting to the City all progress made and will provide an invoice for services billed
at regular intervals.
VII. This Agreement may be amended, altered, clarified, extended, or terminated only by
the written agreement of the Parties hereto.
VIII. This Agreement is not assignable by either Party, either in whole or in part.
IX. The City shall observe and abide by all applicable requirements related to the
procurement of goods and services as mandated by law.
This Agreement will be effective the day of
2013 for a period of one year.
IN WITNESS WHEREOF, authorizing representatives of the Parties hereto have signed their names
in the spaces set forth below.
CITY OF TUKWILA KING COUNTY, WASHINGTON
BY BY
TITLE TITLE
DATE DATE
APPROVED AS TO FORM:
BY
DATE
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