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HomeMy WebLinkAboutPW16-272 - Amendment - King County Flood Control District - Milwaukee II Levee Improvement Project - 09/10/2020Attachment A -1- AMENDMENT TO AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION Milwaukee II Levee Improvement Project River Mile 24.04 to 24.25 Right Bank THIS AMENDMENT NO. 1 TO AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION (“Amendment No. 1”) governing the Milwaukee II Levee Improvement Project, River Mile 24.04 to 24.25, Right Bank, is entered into on the last date signed below by and between the CITY OF KENT, a Washington municipal corporation (“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal corporation of the State of Washington (“District”) (collectively, the "Parties"). I. RECITALS A. The Parties entered into an Agreement Regarding Alternatives and Property Acquisition on June 28th, 2016 (“Agreement”), concerning an analysis and study of alternatives (“Study”) and property acquisition of King County Tax Parcel Numbers 000660-0082 and 000660- 0017 (“Property”) in support of the project to improve the Milwaukee II Levee (“Project”). Efforts to acquire these tax parcels are continuing. B. The Agreement authorized the City to complete an alternative analysis study and to acquire the Property, with the District agreeing to reimburse the City for its actual costs incurred in completing those tasks. The maximum allowable reimbursement amount the District authorized through the Agreement was $3,650,000. Since the Agreement’s execution nearly four years ago, the City has obtained appraisals for the Property and engaged in negotiations with the owners. Those appraisals indicate that the maximum allowable reimbursement amount authorized by the Agreement will be insufficient to reimburse the City for its estimated actual costs incurred in acquiring the Property. C. In addition, the owner’s use of King County Tax Parcel Number 000660-0082 is so closely intertwined with another parcel, King County Tax Parcel Number 000660-0079, that it too requires the City may also need to purchase this parcel, though the parcel is not required for the Project. As a matter of law, when separate tracts of land are owned by the same owner and put to a single use, for purposes of determining just compensation, they must be treated as a single parcel. D. The City has presented the District with a revised estimate of project costs, which estimate includes the costs incurred to obtain the Study and revised Property acquisition costs that have been adjusted to account for the current appraisal values. It is therefore appropriate to amend the Agreement to adjust its 2016 reimbursement budget. DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 Attachment A -2- E. It is appropriate for the City to move forward with removal of existing structures, utilities and other appurtenances. II. AMENDMENT NOW THEREFORE, in consideration of the mutual interest, desire, and promises of the parties and other good and valuable consideration, the Parties agree as follows: 2.1 Recitals Incorporated. All recitals above are hereby incorporated in and ratified as part of this Amendment No. 1. 2.2 Acquisition and Transfer of Property Interests. Section 3 of the Agreement is amended to further provide that the City will acquire King County Tax Parcel Number 000660- 0079, at the District’s costs and expense, should it be determined that such parcel constitutes a single larger parcel associated with King County Tax Parcel Number 000660-0082 and not separate parcels for purposes of determining just compensation. Toward that end, an amended Exhibit A is attached and incorporated herein. 2.3. Removal of Structures. The Agreement is amended to include the following new provisions concerning the removal of structures once property is acquired under the Agreement and this Amendment No. 1. a. Once each parcel that is required for the Project is acquired and the City has title and possession to the Property, the City will hire a contractor to demolish and remove all structures on the Property, including any existing septic tank, oil heating system, or other appurtenances associated with the Property. b. The City shall obtain and be responsible for all necessary local, state, and federal permits and approvals necessary to carry out the demolition and removal work described above, and shall fully comply with all applicable requirements and conditions thereof. c. The District agrees it will reimburse the City for the City’s actual costs and expenses incurred in the demolition and removal work provided for in this Section 2.3, and those reimbursement requests will be submitted and paid in accordance with Section 4 of the Agreement. 2.4 Maximum Reimbursement for City Costs and Expenses. Section 4.a. of the Agreement is amended to increase the maximum reimbursement for City costs and expenses from $3,650,000 to $11,000,000, which amount is intended to compensate the City for those City costs and expenses associated with acquiring the Study and the necessary property interests provided for by the Agreement. 2.5 Duration-Effective Date. Section 5 of the Agreement is amended by deleting the entirety of that section and replacing it with the following: “This Agreement shall take effect on DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 Attachment A -3- the date on which the second party signs this Agreement, and shall remain in effect until the City both acquires fee title to the property described in Exhibit A and further conveys to the District any easements the District may require to construct the Project.” 2.6 Insurance. Section 10 of the Agreement is amended by deleting the entirety of that section and replacing it with the following: The District recognizes that the City is self-insured and accepts such coverage for liability arising under this Agreement. The City recognizes that the District is a member of the risk-pool Enduris, in an amount not less than One Million Dollars ($1,000,000) per occurrence with a reinsurance liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the City with an Evidence of Coverage (EOC) pursuant to Chapter 48.62 RCW. 2.7 Remaining Provisions. Except as specifically amended by this Amendment No. 1, all remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1, which shall become effective on the last date signed below. CITY OF KENT KING COUNTY FLOOD CONTROL ZONE DISTRICT By: By: Dana Ralph Dave Upthegrove Its: Mayor Its: Board Chair DATE: __________________________ DATE: _________________________ APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: City Attorney Legal Counsel DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 9/10/20209/10/2020 Attachment A -4- EXHIBIT A Property Interests that May be Acquired by City of Kent Drexel Investments LLC Tax Parcel Number: 000660-0017 Parcel A: Beginning at a point on the East line of the Cavanaugh Tract and the South line of County Road which is 810.48 feet, more or less, East and 2,914.56 feet, more or less, South of the Northwest corner of the Samuel W. Russell Donation Land Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in King County, Washington; Thence South to the White River; Thence Westerly along the North bank of the White River to the Easterly line of Chicago Milwaukee St. Paul and Pacific Railroad; Thence Northerly along said Easterly line to the Southerly line of said County Road; Thence Easterly along said road line to Point of Beginning. Parcel B: Beginning 810.48 feet East and 2,914.56 feet South of the Northwest corner of Samuel W. Russell Donation Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in King County, Washington; Thence South 82.5 feet, more or less, to White River; Thence Northeasterly along river, 198 feet to the South line of County Road; Thence Westerly to the Point of Beginning. Amrik Commercial Rentals LLC Tax Parcel Number: 000660-0082 That potion of the S.W. Russell Donation Land Claim No. 41, in King County, Washington, described as follows: Commencing at the Southeast corner of Waterman's Acre Tracts to the Town of Kent, according to plat recorded in Volume 12 of Plats at page(s) 11, in King County, Washington; Thence South 88°02'30" West along the South line of said plat 713.08 feet to the Southerly production of the West line of South Third Avenue, as conveyed to the City of Kent by deed Dated July 11, 1955 and recorded under Recording No. 4599830; Thence South 1°55'37" East along said West line, and said West line produced, 1179.70 feet to an angle point in the Southerly line of that tract of land conveyed to C.L. Knudtsen, W.H. Meadowcroft and Fred E. Meadowcroft by deed dated January 27, 1956 and recorded under Recording No. 4659959 and the True Point of Beginning; DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 Attachment A -5- Thence South 88°02'30" West to the East line of that tract of land conveyed to James A. Cavanaugh by deed dated December 8, 1885, and recorded under Recording No. 8870; thence South 1°58'00" East along said East line 283.80 feet, more or less, to the North line of a county road, being also the South boundary of a tract of land conveyed to Ralph E. Leber and La Vern June Leber, his wife, by deed dated February 4, 1955 and recorded under Recording No. 4543722; Thence in an Easterly direction along the North line of said county road South 89°17'00" East 242.10 feet; North 78°06'00" East 239.10 feet; and North 87°14'00" East 330.61 feet, more or less, to said Southerly production of the West line of said South Third Avenue; Thence North 1°55'37" West along said produced West line 249.16 feet, more or less, to the True Point of Beginning. EXCEPT that portion conveyed to the City of Kent by deed recorded under Recording No. 20130129001427. Amrik Commercial Rentals LLC Tax Parcel Number: 000660-0079 Lot 1, City of Kent Short Plat Alteration File No. PTA-2008-1, recorded under Recording No. 20080207900001, records of King County, Washington; DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 KING COUNTY Signature Report 1200 King County Courthouse 516 Third Avenue Seattle, WA 98104 FCD Resolution Proposed No. FCD2020-18.2 Sponsors 1 A RESOLUTION authorizing and approving an 1 amendment to the interlocal agreement with the City of 2 Kent regarding design alternatives and property acquisition 3 relating to the Milwaukee II Levee Improvement Project. 4 WHEREAS, the Milwaukee II Levee is a key part of the Green River levee 5 system, and 6 WHEREAS, the King County Flood Control District ("the District") desires to 7 improve the Levee ("the Project") to provide improved flood protection and scour 8 protection, to enable certification and secure necessary land rights, and 9 WHEREAS, Resolution FCD2016-06.2 approved an interlocal agreement 10 between the District and the City of Kent ("the City") for the Project, and 11 WHEREAS, current appraisals for property acquisitions for the Project indicate 12 that the maximum allowable reimbursement amount established in the 2016 interlocal 13 agreement is now insufficient to reimburse the City, and 14 WHEREAS, the acquisition of a parcel not required for the project may be 15 necessary if it is determined that it is an adjacent, although a separate tract, owned by the 16 same owner and put to the same use, and 17 WHEREAS, the District and City desire to amend the interlocal agreement as set 18 forth in Attachment A to this resolution; 19 DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 FCD Resolution 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 20 SUPERVISORS OF THE KING COUNTY FLOOD CONTROL DISTRICT: 21 SECTION 1. The board of supervisors approves the amendment to the 22 "Agreement Regarding Alternatives and Property Acquisition, Milwaukee II Levee23 DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 FCD Resolution 3 Improvement Project, River Mile 24.04 to 24.25, Right Bank," Attachment A to this 24 resolution, and authorizes the chair to sign the amendment. 25 26 FCD Resolution was introduced on and passed by the King County Flood Control District on 9/9/2020, by the following vote: Yes: 9 - Ms. Balducci, Mr. Dembowski, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove, Mr. von Reichbauer and Mr. Zahilay KING COUNTY FLOOD CONTROL ZONE DISTRICT KING COUNTY, WASHINGTON ________________________________________ Dave Upthegrove, Chair ATTEST: ________________________________________ Melani Pedroza, Clerk of the Board Attachments: A. Amendment to Agreement Regarding Alternatives and Property Acquisitions Milwaukee II Levee Improvement Project River Mile 24.04 to 24.25 Right Bank - dated 08/19/2020 DocuSign Envelope ID: F4951F97-B262-4831-AC7C-BCC1AFE0AB76 Certificate Of Completion Envelope Id: F4951F97B2624831AC7CBCC1AFE0AB76 Status: Completed Subject: Please DocuSign: FCD2020-18.docx, FCD2020-18 A..pdf Source Envelope: Document Pages: 8 Signatures: 6 Envelope Originator: Certificate Pages: 5 Initials: 0 Melani Pedroza AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 401 5th Ave Suite 100 Seattle, WA 98104 Melani.Pedroza@kingcounty.gov IP Address: 198.49.222.20 Record Tracking Status: Original 9/10/2020 10:43:05 AM Holder: Melani Pedroza Melani.Pedroza@kingcounty.gov Location: DocuSign Security Appliance Status: Connected Pool: FedRamp Storage Appliance Status: Connected Pool: King County General (ITD)Location: DocuSign Signer Events Signature Timestamp Dave Upthgrove dave.upthegrove@kingcounty.gov Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 198.49.222.20 Sent: 9/10/2020 10:46:44 AM Viewed: 9/10/2020 12:47:43 PM Signed: 9/10/2020 12:48:05 PM Electronic Record and Signature Disclosure: Accepted: 9/10/2020 12:47:43 PM ID: 86ea554c-7c40-4413-83fb-ed1115a36d32 Melani Pedroza melani.pedroza@kingcounty.gov Clerk of the Council King County Council Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 198.49.222.20 Sent: 9/10/2020 12:48:07 PM Viewed: 9/10/2020 12:48:41 PM Signed: 9/10/2020 12:49:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Charlotte Archer carcher@insleebest.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 209.63.25.21 Sent: 9/10/2020 12:49:21 PM Viewed: 9/14/2020 9:54:44 AM Signed: 9/14/2020 9:54:58 AM Electronic Record and Signature Disclosure: Accepted: 9/14/2020 9:54:44 AM ID: f3140728-2d14-4c17-859c-d75080e10957 Tammy White twhite@kentwa.gov Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.252.126 Sent: 9/14/2020 9:55:01 AM Viewed: 9/14/2020 9:56:53 AM Signed: 9/14/2020 9:59:09 AM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 9/14/2020 9:56:53 AM ID: 79a33127-ebdc-4867-8972-6a1e7c11415d Dana Ralph dralph@kentwa.gov Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 146.129.252.126 Sent: 9/14/2020 9:59:13 AM Viewed: 9/14/2020 11:39:05 AM Signed: 9/14/2020 11:39:22 AM Electronic Record and Signature Disclosure: Accepted: 8/10/2020 12:08:13 PM ID: 763aee39-4c71-4e26-8470-b13d3a1eaf25 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/14/2020 9:59:13 AM Certified Delivered Security Checked 9/14/2020 11:39:05 AM Signing Complete Security Checked 9/14/2020 11:39:22 AM Completed Security Checked 9/14/2020 11:39:22 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO King County ITD (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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