HomeMy WebLinkAboutPW08-115 - Original - King County - Conservation Futures: OpenSpace Acquision Projects - 01/29/1991 INTERLOCAL COOPERATION-AGREEMENT BETWEEN KING -COUNTY
AND THE CITY OF Kent
SUBURBAN CITY OPEN SPACE ACQUISITION PROJECTS
THIS INTERLOCAL COOPERATION AGREEMENT is entered into
between the CITY OF Kent ("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 appropriated a total of $2, 900, 000 in conservation
futures levy proceeds to King County ($1, 100, 000) , the City of
Seattle ($1, 100, 000) and suburban cities ($700, 000) .
Ordinance 9128 also established conditions for use of the
Fund, including conditions covering allowable projects, costs
and expenses.
The Open Space Citizens Advisory Committee has recommended
an initial and a secondary allocation of Conservation Futures
funds from the Suburban City Open Space Acquisition Project
following notification to the suburban cities that funds were
available, provision of an opportunity for the suburban cities
to respond and receipt by the committee of requests for
funding, all pursuant to Ordinance 8867 .
The King County Council by Motion 7742 has approved the
initial allocation and by Motion 8120 the secondary allocation
of 1989 Conservation Futures funds, and authorized the King
County Executive to enter into interlocal cooperation
agreements with the suburban cities in order to initiate the
f\rinticoop.agt/12-14-90 1
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 to follows:
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: 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.
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 are attached to and
incorporated by reference . in King 'County Ordinance 9071 or
added to the list of approved projects by the County.
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 terms 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.
f\:int1coop.agt/12-14-90 3
Article. V. Conditions of Actreement
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 maybe used only for
expenses related to property acquisition. Those expenses
include appraisals, title searches, negotiations,
administrative 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 through 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 its approval. All
projects proposed for reprogramming must meet open space
f\:int1coop.agt/12-14-90 4
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 a 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
f\ti.ntl.coop.ant112-14-9n 9
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.
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
. legislature 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
application 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 funds 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
f\:int1coop.agt/12-14-90 6
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 County 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
anticipated, except as provided above for ongoing and final
project reports. All such reports shall be submitted to the
County' s Department of Parks, Planning and Resources, Office
of Open Space.
f\:inticoop.agt/12-14-90 7
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 cost 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 include
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
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
fN:int3.coop.agt/12-14-90
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, 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 term or condition, nor
shall a waiver of any breach be deemed to constitute a waiver
f\:int1coop.agt/12-14-90 10
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 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.
f\ :int.lrnnn.nnt/17_1A_00 � �.
IN WITNESS WHEREOF, authorized representatives of the
parties hereto have signed their names in the spaces set forth
below: _.
KING COUNTY CIT OF Kent
HILL .! '�- ''„�` ,�XECllTIYE Dan Kelleher, Mayor, City of Kent
ng Co ty et�� _
Date: JAN 2 9 1991 Date:
Acting under authoritr of Acting under authority of
authority" of Motion authority of Motion
Approved as to form: Approved as to form:
NORM MALENG LIJLiOVICH
King County Prosecuting Attorney Kent City Attorney
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AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
FOR OPEN SPACE BOND ACQUISITION PROJECTS
Preamble
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 KENT ("City") and KING
COUNTY, and amends and attaches to and is part thereof of the existing Interlocal Cooperation
Agreement entered into between the parties, dated the 29 day of Jan u , 1991.
The parties agree to the following amendments:
Amendment 1: Article 1. Recitals
The fifth paragraph of the Recitals Section is hereby appended to provide for the 1994/95
allocation, and hereafter reads:
"On , 1996,the King County Council passed Ordinance_
, which appropriated a total of$2,375,347 in Conservation Futures Levy
proceeds to the City of Seattle and Suburban cities. The Council has approved the
allocation of 1994/95 Conservation Futures Funds to the jurisdictions and
authorized the King County Executive to enter into interlocal cooperation
agreements with the City of Seattle and the Suburban Cities in order to initiate the
approved projects."
Amendment 2• Article VII,Responsibility of County
The first two sentences of this article are amended to include Attachment C, which lists the
1994/95 Suburban Conservation Futures Allocation, and hereafter reads:
1 September 25, 1996
Interlocal Amendment
b
"Subject to the terms of this agreement, the County will provide Conservation
Futures Levy Funds in the amount shown in Attachment 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.
This document shall be attached to be a part of the existing Interlocal Cooperative Agreement.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their
names in the spaces set forth below:
KING COUNTY CITY OF NT
i
Gary Locke
King County Executive Ma r
Date Date
Acting under the authority of Acting under the authority of
Ordinance Resolution No.
Dated:
Approved as to form: Approved as to form:
NORM MALENG City Attorney
King County Prosecuting Attorney
ATTEST:
4Cityerk
2 September 25,1996
Interlocal Amendment
A
ATTACHMENT C
1994/95 CONSERVATION FUTURES
CITY OF SEATTLE
AND SUBURBAN CITIES ALLOCATIONS
Jurisdiction Proiect Allocation
Seattle Greenspace Additions $ 479,000
Ballard/Greenwood Neighborhood Open Space $ 436,347
Thornton Creek Watershed(Victory Creek) 110 000
Seattle Subtotal $1,025,347
Bellevue Lewis Park Addition $ 400,000
Des Moines McSorely Creek $ 100,000
Issaquah Issaquah Creek Greenway $ 150,000
Kent Kent Southeast Boundary OS $ 200,000
North Bend/Snoqualmie Meadowbrook Farm L 500 000
Suburban Subtotal $1,350,000
TOTAL $2,375,347
Conditions
City of Seattle- Greenspace Additions: This project is for greenspace additions in the
Duwamish Head Greenbelt, and in the Maple School Natural Area. These properties were
identified as priorities in the City's 1993 Urban Greenspaces Policy. The Duwamish Head
Greenbelt property is highly visible from downtown Seattle;has an excellent view of the City,
Elliot Bay and the Cascades,which are threatened by development. The Maple School ravine
property is adjacent to Graham Street, an east/west arterial between the Duwamish valley and the
Beacon Hill Neighborhood.
City of Seattle -Ballard/Greenwood Neighborhood Open Space: The goal of this project is
to acquire needed open space in a densely populated Seattle community that is currently under-
served. The local community has conducted an impressive grass roots open space identification
planning process that has yielded over 100 possible sites for local open space acquisitions. The
community has agreed to identify a final list of properties for acquisitions,that are located along
the Interurban North Trail and will complement this regional facility.
3 September 25,1996
Interlocal Amendment
City of Seattle-Thornton Creek Watershed (Victory Creek): This project includes a wooded
.16 acre parcel that contains the confluence of Thornton and Victory Creeks, in Northeast Seattle.
This property complements additional nearby city acquisitions and street vacations and meets the
criteria for the Urban Waterways 2000 program.
Suburban Cities
City of Bellevue -Lewis Park Addition: This 14-acre scenic property is located on Lakemont
Boulevard and is the last remaining large parcel contiguous to Bellevue's 35-acre Lewis Park.
The park is located south of I-90, where 1/3 of the City's residents live today, in a neighborhood
with intense development pressure. Bellevue is providing a significant match of$1.5 million
from its adopted CIP program, and has applied for $500,000 in state IAC funds.
City of Des Moines -McSorely Creek: This project is a 9 acre wooded open space, located on
16" Avenue in Des Moines. The property contains McSorely Creek and is connected by a trail to
a local elementary school. The property is offered for sale to the City at a significant discount,
less than one quarter of its appraised value, because the owner wishes to see it preserved in
perpetuity. Acquisition of this parcel will also help the city meet its shortfall of 50 acres of open
space identified in its adopted comprehensive plan.
City of Issaquah -Issaquah Creek Greenway Phase I: This 8 acre project consists of seven
previously-approved platted lots located in a floodplain along Issaquah Creek off the Issaquah-
Hobart Road. The site is surrounded by open space.dedicated through an adjacent development
and will be a link in the City's local trail network,which passes through the nearby Issaquah
High School. Acquisition of this site will also help the City better protect this salmon-bearing
creek and contribute to its greenway project. The City will also remove a paved road into the
properties as part of the proposed site restoration. Geographic balance in funding supports only
partial funding of this application.
City of Kent-Kent Southeast Boundary Open Space: This project is a wooded 14.5 acre site
containing an intermittent stream, located on the city's southeast boundary along State Route 18.
The property is part of a proposed combined open space and ballfield park in an area that is one
of the most rapidly urbanizing communities in King County, a community with a deficit of open
spaces. There are few remaining open space opportunities in this community and the City is
working to identify local funds for acquisition of the ballfield portion of the adjacent site.
City of North Bend/Snoqualmie-Meadowbrook Farm: Located between the Cities of North
Bend and Snoqualmie, Meadowbrook Farm is an exceptional open space with multiple benefits
important to our region. This property is a key 54 acre inholding located in the most scenic
portion of the farm, at the base of Mount Si.
Interlocal Amendment
4 September 25, 1996
King County
Offfice of Open Space
Parks,Planning,and
Resources Department
1621 Smith lhwer
506 Second Avenue
Seattle,Washington 98104
(206)296-7800
February 4 , 1991
Ms. Helen Wickstrom
City of Kent
220 4th Ave. So.
Kent, WA 98032-5895
RE: Finalized Interlocal Agreement Document
Dear Ms. Wickstrom:
Enclosed for your permanent record is an original document of
the Interlocal Cooperative Agreement between King County and
your city regarding the Conservation Futures Fund. The
document has been filed with the King County Records and
Elections section, and has also been transmitted for filing
with the Secretary of State, as required under R.C.W.
39 . 34 . 040.
Please contact me if you have any questions on this matter.
Sincerely,
Carol V. Gagn at
Acting Manager
CVG:pao
Enclosure
cc: Pat Steel, Chief Financial Officer
ATTN: Bruce Martin, Disbursements Supervisor
Steve Oien, Budget Analyst
Judy Chapman, Interlocal Coordinator