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Home My WebLink AboutPW08-115 - Amendment - L - King County - Conservation Futures: OpenSpace Acquision Projects - 03/07/2013 ecords M emery KENT Document WASHINGTON 1 et 9 lil �x� gnr CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: King County Vendor Number: JD Edwards Number Contract Number: This is assigned by City Jerk's Office Project Name: Amendment to the Conservation Futures Interlocal Cooperation Aqrmnt Btwn King County & the City of Kent for Open /Space Acquisition Projects Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Contract Effective Date: Jan. 29, 1991 Termination Date: Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Matt Knox Department: Environmental/PW Engineering Detail: C.e. address, location, parcel number, tax id, etc. _ Fund the acquisition of an approximately 40-acre multiple parcel wetland called McSorley Creek. C IM S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 King County Water and Land Resource CONFORMED COPY Open Space Acquisitions Unit 201 South Jackson Street, Suite 600 20130315000920 Seattle, WA 98104 KC WLR CFT AMND-RER 77 00 PAGE-001 OF 004 03/15/2013 10 49 Amendment to Conservation Futures Interlocal Cooperation Agreement Between King County and the City of Kent for Open Space Acquisition Projects March 15, 2013 Department: DNRP/WLRD Open Space Acquisitions Unit Parties: City of Kent and King County Project: Conservation Futures Amendment L Reference No. of Related Document: 20110914000731 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. 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 McSorley Creek Wetland acquisition, and hereafter reads: • On November 24, 2008, the King County Council passed Ordinance 16312, which appropriated a total of Three Hundred Thousand Dollars ($300,000) in Conservation Futures Levy proceeds to the City of Kent for the McSorley Creek Wetland acquisition Project. On April 6, 2009 the King County Council passed Ordinance 16442, authorizing the King County Executive to enter into mterlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds in Ordinance 16312. Amendment 2: Article V. Conditions of Agreement Section 5.1 is amended to include reference to Attachment L, which lists a 2009 Conservation Futures Levy Allocation for the McSorley Creek Wetland acquisition project. Amendment L CFT Interlocal Amendment Kent-King County 2009 CFT proceeds for McSorley Creek Wetland 1 Amendment 3: Article VII. Responsibilities of County The first two sentences of this article are amended to include references to Attachment L, which lists a 2009 Conservation Futures Levy Allocation for the McSorley Creek Wetland acquisition project as follows: Subject to the terms of this agreement,the County will provide Conservation Futures Levy Funds in the amounts shown in Attachments A through L to be used for the Projects listed in Attachments A through L 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 L. 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 L The attachments to the interlocal agreement are hereby amended by adding Attachment L, 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. Amendment L CFT Interlocal Amendment Kent-King County 2009 CFT proceeds for McSorley Creek Wetland 2 IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY CITY OF KENT ODow stant' e S*ayo ing ounty xecutive V*Date: 2f/1 Date A Acting under he authority of Actingdhority of Ordinance 16442 Ordinance: Approved as to form: Approved as to form: 6�14A-' dw Dan att rberg King County Prosecuting Attorney City Attorney Amendment L CFT Interlocal Amendment Kent-King County 2009 CFT proceeds for McSorley Creek Wetland 3 ATTACHMENT L 2009 CONSERVATION FUTURES LEVY CITY OF KENT ALLOCATIONS for MCSORLEY CREEK WETLAND Jurisdiction Project Allocation Kent McSorley Creek Wetland(16312) $ 300,000 TOTAL $ 300,000 Project Description: 315784—KNT McSorley Creek Wetland: $ 300,000 This project will fund the acquisition of an approximately 40-acre, multiple parcel wetland complex located between Pacific Highway South and Interstate 5, at 272nd Street South in Kent. The wetlands are the main remaining headwaters for McSorley Creek. They act as a filter for the creek and provide wildlife habitat for avian species in particular. City of KENT—McSorley Creek Wetland: $300,000 Amendment L CFT Inter]ocal Amendment Kent-King County 2009 CFT proceeds for McSorley Creek Wetland 1 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Knn . . ry Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Cheryl Viseth Phone (Originator): x5504 Date Sent: 2/1/2013 Date Required: 2/7/2013 Return Signed Document to: Cheryl Viseth CONTRACT TERMINATION DATE: VENDOR NAME: King County & Kent DATE OF COUNCIL APPROVAL: 1/15/2013 Brief Explanation of Document: Amendment to the Conservation Futures Interlocal Cooperation Agreement with King County to reimburse the city $300,000 to purchase approximately 40-acres of property known as McSorley Creek Wetland. A All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: Date Returned: 1 RECEIVED JUN 2 4 2013 King County CITY OF KENT Water and Land Resources Division ENGINEERING DEPT Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 206.296.7775 Fax 206 296.0192 TTY Relay 711 June 13,2013 Mr Matt Knox City of Kent Environmental Engineering, 220 Fourth Avenue South Kent,WA 98032 Re Conservation Futures Interlocal Agreement Amendment"L" Dear Mr Knox: Enclosed for the City of Kent's permanent records is an original copy of Amendment "L" to the Conservation Futures Interlocal Agreement(ILA)between King County and the City of Kent for the McSorley Creek Wetland acquisition project, listed in the attachment to the amendment. The City of Kent may now seek reimbursement for$300,000 in Conservation Futures funds awarded to the McSorley Creek Project under Ordinance 16312, as referenced in the attached interlocal amendment Please have the appropriate staff person call Shen Coen, our Conservation Futures fund manager, at(206) 296-8342 regarding the processing of the reimbursement I will be out on vacation until June 24a' If you have any questions,please feel free to call Shen or contact me after the 24", at(206)296-7775 Sincerely, David Tiemann Project/Program Manager Enclosure • KEN T WR 5MIHG TON Agenda Item: Consent TO: City Council DATE: January 15, 2013 SUBJECT: Amendment to the Conservation Futures Interlocal Cooperation Agreement for McSorley Creek Wetland Acquisition Grant - Accept MOTION: Move to authorize the Mayor to sign an Amendment to the Conservation Futures Interlocal Cooperation Agreement with King County to reimburse the city $300,000 to purchase 40.58 acres of property known as the McSorley Wetland, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: On March 6, 2012, Council authorized the Mayor to sign all necessary documents to complete the purchase of 40.58 acres of land within an area generally known as the "McSorley Wetland", a large, high-quality wetland in the southwest corner of the city. Public Works has closed on this sale. This agreement provides for transfer of $300,000 of King County Conservation Futures Levy funds to pay for this purchase. EXHIBITS: Interlocal Amendment Kent - King County RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Total acquisition cost is approximately $326,000 including tax, title, escrow and environmental assessment. Grant funds will cover $300,000 while the remaining $26,000 will come from the storm drainage fund. McSorley Creek drains portions of the West Hill. REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes "ASHIIGTON 401; sewed by Director Originator's Name: Cheryl Viseth Dept/Div. PW Eng. Extension:5504 Date Sent: Februar 1, 2013 Date Required: February 11, 2013 Return to: Matt Knox CONTRACT TERMINATION DA VENDOR: King County DATE OF COUNCIL APPROV :P/ - ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if llcable-� Brief Explanation of Document: The King County Council has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is between the City of Kent and King County and amends the existing Interlocal Agreement. This agreement provides funds to pay for the purchase of 40.58 acres of land known as McSorley Wetland. ._I All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: FEB 0 4 2013 Approval ofK- 'e tAW DEPT. 11 L 4 Law Dept. Comments: 4CMED FEE 5 2013 Date Forwarded to Mayor: Z�I�II �/; City of Kent Mayor Shaded Areas To Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: FEB 8 2013 Disposition: 1/(p10 �� t CflYOFKEN �yzl,� � 7 e�CITYCLERK Date Returned: t J .,LL,