HomeMy WebLinkAboutPK08-373 - Original - King County - Special Property Tax Levy Agreement - 10/24/2008ecords M em
KENT
WASHINCTON
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KING COUNTY & CITY OF KENT
SPECIAL PROPERTY TAX LEVY AGREEMENT
This Special Property Tax Levy Agreement (the "Agreement") is made and enlered into
as of Octob er 24,ZObg, by andbetween KING COIINTY, a political subdivision of the
state of Washington (the "County") and the City of Kent, a State of Washington
municipal corporation. ("City").
RECITALS
WHEREAS, the County owns and operates a park system with over twenty-five thousand
(25,000) acres ofregional parks and open spaces and over one hundred seventy-five
if ZS; t"if.r of regioial trails. In addition, the County is the provider of local parks in the
*rui ur"u and is the transitional provider of local parks in the urban incorporated areas;
and
WHEREAS, since 2003,on recommendation of the Metropolitan Parks Task Force and
direction from the Co.rniy F.xecutive and County Council,ihe County's Parks and
Recreation Division has focused on managing a system of regional parks, open spaces
and trails and a limited set of regional active recreation assets; and
WHEREAS, consistent with its role as a regional and local rural service provider under
countywide Planning Policies and the state Growth Management Act, the county has
divested itself of local parks and facilities in urban unincorporated areas as these areas
incorporate or annex to cities; and
WHEREAS, in November 2006,the County Executive created the Parks Futures Task
Force to recommend a funding plan for the current county park system, and to examine
what steps should be taken, ifiny, regarding future park system acquisitions; and
WHEREAS, the Task Force recommended, among other things, that the County place
before the voters a recommendation for a new $0.05, six-year, inflation adjusted propbrty
tax lid lift to expand park and recreation opportunities, one cent of the five-cent
acquisition levy procleds be distributed to cities for acquisition and development of open
,pur" and naturi lands and city trail projects that support connections to the regional trail
system, defined to include both county rlgional trails and city trails that are regional in
,rutur", and may specifically include local-trails in underserved areas linking to city of
county trails that connect to regional trails; and
WHEREAS, under state law, the Special Property Tax Levy funds may not supplant
certain existing funds, as defined in nCW 84.55.050, used for the same purposes; and
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WHEREAS, on May 7,2007,the King county council adopted ordinance 15760 which
called for a special election in accordance with RCw 29A.04.321to consider the Special
Property Tax Levy; and
WHEREAS, on August2l,2007, the voters of King county approved the Special
Property Tax Levy;
NOW, THEREFORE, in consideration of the mutual promises and undertakings
hereinafter set forth and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
1. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
1.1 "Annual Report" shall mean the annual report prepared by !!" city and
provided to the County annually by May 1 beginning in 2009 setting forth a
summary of city projects for the preceding year, along with a complete
financiai ur"o,rttting for the use of County Levy Proceeds, and a listing of
all capital investments made at the City funded in whole or in part by
County Levy proceeds, and for the 2009 annual report the City shall identify
the dollar amount of the City's Existing Funds'
1.2 ':city" shall mean the city of Kent, state of washington, and all of its
boards, commissions, departments, agencies and other subdivisions.
1.3 "City proceeds" shall mean twenty percent (20%) of the total County Levy
proceeds collected by King County, specifically allocated by King County
Ordinance 15760 for city projects.
1.4 "City projects" shall mean the acquisition of open space and natural lands
and the acquisition and developmint of county regional trails or City trails
that are regional in nature, and may specifically include local trails in
underservJd areas linking to city or county trails that connect to regional
trails, consistent with Ordinance 15760'
1.5 "Coun[/" shall mean King County, State of Washington, and all of its
boards, commissions, departments, agencies and other subdivisions.
1.6 ..County Council" shall mean the County Council of King County, State of
Washington.
1.7 ..County Levy" means the Open Space, Regional Trails, and Woodland Park
Zoolevy lid iift approved by the County voters on August 2I,2007 '
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2.
aJ
1.8 "County Levy Proceeds" shall mean the principal amount raised by the
CountyLevy, anY interest earnings on the funds and the proceeds of any
interim financing.
1.9 .'Executive" shall mean the King County Executive or his or her functional
successor.
1.10 "Existing funds" shall mean those funds, as defined by RCW 84'55'050,
from the City's actual operating expenditures for the calendar year 2007
used to fundCity projects. Actual operating expenditures shall not include
lost federal funds, lost or expired state grants or loans, extraordinary events
not likely to re.occur, and major nonrecurring capital expenditures.
1.11 ,'Regional trail system" shall mean the system-wide non-motorized network
of designated ofi-road, shared-use paths, trails, or greenways for recreation
and regional mobilitY.
Term of Agreement. The term of this Agreement (the "Term") shall be for a period
."-*.**g "" tl* Effective Date (the "Commencement Date"), and expiring on
December 31,2014 (the "Termination Date").
Receipt of County LevY Proceeds'
3.1 Generally. The County shall distribute the City's proportionate share of the
City Pto""eds to the City pursuant to the schedule identified in Section 3-2
bellw; provided that, the County shall only have a duty to distribute the City
proceeds in accordance with the requirements of King County Ordinance
15760.
Receipt and Distribution of Lev.v Proceeds.
3.2.I Payment Schedule. Throughout the term of the Levy, the County
shall transfer the City Proceeds to the City on a monthly basis.
Annual amounts shall be adjusted as set forth in the Levy, but the
actual amounts transferred shall never exceed the City's
proportionate share of the city Proceeds actually received by the
CountY.
3.2.2 Administrative Fee. The Parties agree that the County has authority
to deduct up to one percent (1%) from City Proceeds for
expenditures related to the administration of the distribution of
County LevY Proceeds.
3.2
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4.1 Use of County Lev.v Proceeds. On or before May 1 of lach year.throughout
the Term ortTffi**ni, the City shall provide the County with a copy
of the Annual nep;rt and provide any further documentation showing that
the county Levy Proceeds were expended on city Projects.
4.2 Representations and warranties. The city represents and warrants that all
Cfrpro.".Orl"..i*a Uy ttte City shall be used oly for specific C-ity
Projects as defined in this Agreement and that such funds shall not be used
to zupplant Existing Fundinf. The City represents and warrants that all City
frojects shall be co"nsistent *itt tt. requirements in King County Ordinance
15760. The City represents and warrants that in addition to the City's
proportionate share of the city's Proceeds, the city shall annually expend on
bity ntoi"cts an amount equal to the City's Existing Funds.
Title to Improvements. All appurtenances, fixtures, improvements' equipment'
"ddtti"rr "td other property aitached to or installed in the Premises during the Term
shall be and remainit. ptop.tties of City and shall not be deemed property of the
Cdunty under anY circumstances.
Notices. All notices required to be given hereunder shall be in writing and either
delivered personally or sent by certified mail to the appropriate address listed
below, orbt such oiher address as shall be provided by written notice. Notice shall
b"'d."-.d communicated two City busineis days from the time of mailing if
mailed as provided in this section' For convenience of the parties, cop-l-os. of notices
may also be given be other means; however, neither y2rty. mav give official or
biniing notiJe except by personal delivery or by certified mail.
If to the Citv:
Jeff Watling, Director
Parks, Recreation and Community Services
City of Kent
220 4th Avenue South
Kent, WA 98032
If to King Countv:
Kevin Brown, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson, Suite 700
Seattle, WA 98104
7.1 Compliance with Laws. The City shall comply and conform with all applicable
1r*, ,"d "lt
governmental regulations, rules and orders.
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7.2 citv Agreement to Repay. The city agrees that it is financially responsible for and
@a11indicatedamountsfollowinganauditexceptionthat
occurs iul to the negligence, intentional act, and/or failure, for any reason, to
comply with the terms ortnis Agreement by the city, its_officers, employees,
ug.ntt, and/or representatives. This duty to repay King County shall not be
diminished or extinguished by the prior termination of the Agreement pursuant to
the Duration of Agreement or the Termination Sections'
Miscellaneous.
8.1 Liabiliqv of the County. The County's obligations to the City under this
Agreement tttutt U" limited to the terms and conditions set forth herein.
Notwithstanding any other provision in this Agreement to the contrary, in no
event shall the dounty be liable, regardless of whether any claim is based on
contract or tort, for any special, consequential, indirect or incidental
damages, including without limitation lost profits, arising out of or in
connection with this Agreement or the services performed in connection
with this Agreement'
Dispute Resolution. In the event of a dispute between Jtre lity and the
Co,rttty *gatding any term of this Agreement, the parties shall attempt to
resolvl the matter iniormally through the following mechanism: the City
(reps.) or their respective designee(s), shall meet with County (reps) or their
irrp.rtiu. designee(s) to review and discuss the matter(s) in dispute; if the
city (reps) and county (reps) are unable to reach a mutual resolution, the
Executive and the mayor, or their respective designee(s) shall meet to
review and discuss the matter(s) in dispute. If such persons are unable to
resolve the matter informally,'tith.t pirty muy submit the matter to a non-
binding, structured mediation procedure fashioned by persons or
organiiations experienced in alternative dispute resolution ("ADR")
pr6cedures. The mediation may be requested by any party and shall be
initiated within thirty (30) days from the date of the request unless extended
by agreement of botl parties. The alternative dispute resolution procedures
uiitiiea for the mediation shall include the exchange of written claims and
responses, with supporting information, at least seven (7) days prior to the
actual mediation. the positions expressed and mediator's recommendations
shall not be admissible as evidence in any subsequent ADR or legal
proceeding. If the matter is submitted to mediation and the matter is not
iesolved, an affected partry shall be entitled to pursue any legal remedy
available.
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8.3
8.4
8.5
8.6
8.7
No Implied Waiver. No failure by either party hereto to insist upon the
rtt*t p"tf"nnance of any obligation of the other party under this Agreement
or to exercise any right, power or remedy arising out of a breach thereof,
irrespective of the fengttr of time for which such failure continues (except in
cases where this Agreement expressly limits the time for exercising rights or
remedies arising out of a breach), shall constitute a waiver of such breach or
of that party's right to demand strict compliance such term, covenant or
condition or operate as a swrender of this Agreement. No waiver of any
default or the performance of any provision hereof shall affect any other
default o, p"rfo*ance, or covef any other period of time, other than the
default, performance or period of time specified in such express waiver.
one or more written waivers of a default or the performance of any
provision hereof shall not be deemed to be a waiver of a subsequent default
br performance. The consent of either party hereto given in any instance
und", the terms of this Agreement shall not relieve the other party of any
obligation to secure the consent of the other party in any other or future
instance under the terms of this Agreement.
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Headines and Subheadings. The captions preceding the articles and sections
of this Agreement and in the table of contents have been inserted for
convenience of reference and such captions in no way define or limit the
scope or intent of any provision of this Agreement'
Successors and Assigns. The terms, covenants and conditions contained in
@ind and inure to the benefit of the county and the city
and, eicept as otherwise provided herein, their personal representatives and
,u"r"r.or. and assigns. ihet. are no third party beneficiaries to this
Agreement.
Agreement made in washington. This Agreement shall be deemed to be
*"d" i" ""d shall be construed in accordance with the laws of the State of
Washington. Venue of any action brought by one party against the other to
enforce or arising out of this Agreement shall be in King county Superior
Court.
Integrated Agreement: Modification. This Agreement contains all the
@ies hereto relating to the subject matter addressed
hlrein, and cannolbe amended or modified except by a written agreement
approved by the King county council and mutually executed between each
of the parties hereto.
Counterparts. This Agreement may be executed in two or more
*""tt{p"ttt, each of which shall be deemed an original' but all of which
taken together shall constitute one and the same instrument.
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8.8
8.9 Time of Essence. Time is of the essence of each provision of this
Agreement.
$ignage. For each capital project funded with county Levy Proceeds, the
6lt-rrr recognize tire contribution with the following language: This
p-:.., was furided (or as applicable, funded it patt) with proceeds from the
bol" Space, Regional traiis, and Woodland Park Zoolevy lid lift approved
uv ring county voters in August 2007 under an Agreement with King
County Parks and Recreation Division'
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DATED trris I Slay or Nove ,nf'r' , ?r)\t"
KING COIINTY, a Washington municipal
corporation
By
Its
By authority of Ordinance No. 15760
CITY OF a
, Washington municipal corporation
By
Vfr-k
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