HomeMy WebLinkAboutCAG2022-115 - Amendment - #3 - King County - Conservation Futures-Funded Open Space Acquisitions - 04/23/2024 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr: T=,
Agreement Routing Form DirAsst: PH Ed
• For Approvals,Signatures and Records Management Dir/Dep: IL BL
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
KateLynn Jennings for Bryan Higgins Parks, Recreation & Community Services
Date Sent: Date Required:
> 3/01/2024 3/15/2024
0
Q Authorized to Sign: Date of Council Approval:
Q Mayor or Designee 2/20/2024
Budget Account Number: Grant? Yes NoE]
P21012
Budget?W]Yes E]No Type: N/A
Vendor Name: Category:
King County Interlocal
Vendor Number: Sub-Category:
= Amendment
0
Project Name: Interlocal Agreement for Conservation Futures-Funded Open Space Aquisitions
1. Project Details: Amendment 3 -These changes make small modifications to the use of funds granted
0- through the ILA along with changes to how the City may utilize properties acquired with
C grant funding.
C
Basis for Selection of Contractor:
Agreement Amount�5/5/2022
0 Other
E *Memo to Mayor must be attached
i Start Date: Termination Date:
Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-ProcessDExempt(KCC 5.01.045) ❑Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes W1 No CAG2022-115
Comments:
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Date Received:City Attorney: 3/5/24 Date Routed:Mayor's Office 3/11/24 City Clerk's Office 3/12/24
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID: F9E6C98E-73F1-4AC8-A409-78955136874A
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF KENT
FOR OPEN SPACE ACQUISITION PROJECTS
The King County Council, through Ordinance 9128, has established a Conservation
Futures Levy Fund and appropriated proceeds to King County and certain cities. This
amendment is entered into to provide for policy updates.
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 5th day of May, 2022, as
previously amended.
Section 5.2 is updated with the additional language as underlined below:
Section 5.2—Use of Proceeds. Proceeds provided to the City pursuant to this
agreement as well as moneys provided by the City as match pursuant to this
agreement may be used only to pay capital costs related to property acquisition
and initial site stabilization activities. Those costs include appraisals, title
searches, negotiations, administrative overhead, and the cost of actual acquisition
or purchase options, and all other costs meeting the requirements of K.C.C.
26.12.010. The City shall have the property valued by an appraisal performed by
an independent state-certified real estate appraiser with a current general real
estate appraiser license, and reviewed by an independent state-certified general
real estate appraiser unless otherwise provided in K.C.C. 26.12.010. In requesting
reimbursement of proceeds for the Project, the City shall demonstrate to the
County compliance with this Section 5.2. Proceeds utilized pursuant to this
agreement may not be used to purchase land obtained through the exercise of
eminent domain.
The first sentence of Section 6.1 is deleted and replaced with the following:
Except for acquisitions of property interests in opportunity areas, as defined by
K.C.C. 26.12.003, any Project funded by Conservation Futures Levy proceeds
shall be supported by the City in which the Project is located with a matching
contribution, which is no less than twenty-five percent of the total costs of the
Project including the value of the matching contribution provided by the City.
The second paragraph of Section 6.4 is updated with the additional language as
underlined below:
The City shall not change the status or use of properties acquired with proceeds
provided pursuant to this agreement unless the City provides equivalent lands or
cash in exchange for the land to be changed to a different use, or a combination of
land and cash reimbursement is provided. The land shall be valued in its changed
Amendment 3 Page 1
Kent-King County Interlocal Cooperation Agreement
DocuSign Envelope ID: F9E6C98E-73F1-4AC8-A409-78955136874A
status or use, and not based upon its value as open space, and the replacement
land or payment amount must be approved by the County. If requested by the
County, at its own cost the City will provide the County an appraisal performed
within the previous year by an independent state-certified real estate appraiser
with a current general real estate appraiser license. The value established by the
appraisal will not be binding on the County. If the County approves replacement
land, the City shall complete the replacement within one year of approval. If the
County approves cash reimbursement, the City shall pay the County within 90
days of approval.
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.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment 3.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF KENT
DocuSigned by:
Dow Constantine Dana Ralph
King County Executive Mayor
Acting under the authority of Acting under the authority of City
Ordinance 19646 Council Motion 8.H on 2/20/2024
Date: 4/23/2024 Date: 03/12/2024
Approved as to form: Approved as to form:
FDocuSigned by:
ASSt,��, (�bV� 4/23/2024 —Jcwv- O'A for
Lees' 'mon" Tamrky White
King County Prosecuting Attorney City Attorney
Amendment 3 Page 2
Kent-King County Interlocal Cooperation Agreement