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HomeMy WebLinkAboutPW08-115 - Amendment - G - King County - Conservation Futures: OpenSpace Acquision Projects - 02/29/2008 AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT 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 KENT 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 29th day of January, 1991, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals Two paragraphs are hereby added to the Recitals Section to provide for a Conservation Futures Levy Fund allocation for the Confluence of Mill Creek/Green River Acquisition Project, and hereafter reads: • On November 22, 2004,the King County Council passed Ordinance 15083, which appropriated a total of One Hundred Thousand Dollars ($100,000)in Conservation Futures Levy proceeds to the City of Kent for the Confluence of Mill Creek/Green River Acquisition Project. On March 14, 2005 the King County Council passed Ordinance 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. • On September 10, 2007 the King County Council passed Ordinance 15898, which appropriated a total of Fifteen Thousand Dollars ($15,000) in Conservation Futures Levy proceeds to the City of Kent for the Confluence of Mill Creek/Green River Acquisition Project. On December 10, 2007 the King County Council passed Ordinance 15989, 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 15898. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include Attachment G, which lists 2005 and 2007 Conservation Futures Levy Allocations for the Confluence of Mill Creek/Green River Acquisition Project. Amendment G Annual CFT Interlocal Kent-King County 2005 and 2007 CFT proceeds -1- Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include Attachment G,which lists 2005 and 2007 Conservation Futures Levy proceeds allocations for the Confluence of Mill Creek Green River 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 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 CO Y CITY OF KENT �Ro S' s King County Executive /Matey r Date 0410 ZlQ? Date i Acting under the authority of Acting under the authority of Ordinance 15139 and Ordinance 15989 Ordinance: Dated: Approved as to form: Approved as to form: /7 AN SATTERBERG King County Prosecuting Attorney City Attorney Amendment G Annual CFT Interlocal Kent-King County 2005 and 2007 CFT proceeds -2- J ATTACHMENT G 2005 and 2007 CONSERVATION FUTURES LEVY ALLOCATION CITY OF KENT Jurisdiction Project Allocation Kent Confluence of Mill Creek/Green River $100,000 (2005, Ordinance 15083) Confluence of Mill Creek/Green River $15,000 (2007, Ordinance 15898) TOTAL $115,000 Project Description: This is a 14-acre, five-parcel project at the confluence of the Green River and Mill Creek, located at south 262nd Street and State Route 167 in Kent. Mill Creek is one of the two or three most important salmonid winter flooding refuge areas on lower Green River and the project will provide an opportunity for restoration of an historic channel that will enhance this function. City of Kent—Confluence of Mill Creek Green River $115,000 Amendment G Annual CFT Interlocal Kent-King County 2005 and 2007 CFT proceeds -1-