HomeMy WebLinkAboutKC CFT Amendment 1-2 Docusign Envelope ID:35C1476B-721 C-4779-891E-E3A527681976
AMENDMENT TO THE CONSERVATION FUTURES
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN
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 AUBURN 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 22nd day of August, 2022.
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
status or use, and not based upon its value as open space, and the replacement
Amendment 1 Page 1
Auburn-King County Interlocal Cooperation Agreement
Docusign Envelope ID:35C1476B-721 C-4779-891E-E3A527681976
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.
Once fully executed, this Amendment shall be incorporated into the existing Interlocal
Cooperation Agreement as if fully set forth, and shall become Amendment 1.
IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed
their names in the spaces set forth below:
KING COUNTY CITY OF AUBURN
CDo by:
FEC92ABC"'E^
Dow Constantine Nancy Backus
King County Executive Mayor
Acting under the authority of Acting under the authority of
Ordinance 19646 Resolution 5668
12/9/2024
Date: Date:
Approved as to form: Approved as to form:
Signed by:
L79.7 :LR'W\
Leesa Manion Jason Whalen
King County Prosecuting Attorney City Attorney
Amendment 1 Page 2
Auburn-King County Interlocal Cooperation Agreement