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INTERIACAL COOPERATION AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF AUBURN
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1993 REGIONAL CONSERVATION FUTURES ACQUISITION PROGRAM �
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This Interlocal Cooperatton Agreement is entered tnto between the �
City of Auburn ("City") and King County ("County") . �
ARTICLB I. RECITALB � ,
On March S, 1993, the King County Council passed Ordinance 10750 �
which authorized the 1993 Regional Conservation Futures Acquisition �
Proqram and declared the Council's intent to issue bonds to finance the s
acquisition of public open spaces, funded through the Conservation �
Futures tax levy to pay the principal and interest on such bonds.
Projects to be funded from bond proceeds include projects of �
Extraordinary Regional Significance, Local Projects in Unincorporated �
Ring County, Local Projects of The City of Seattle and Local Projects �
in Suburban Cities. Prior to the distribution of bond proceeds by the I
N County to an eligible jurisdiction, Ordinance No. 10750 requires
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� execution of an Interlocal Cooperation Agreement containing provisions
� necessary to satisfp applicable federal tax laws and regulations and to
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pmake certain other provisions.
� On August 25, 1993, the Kinq County Open Space Citizens Oversight
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Committee (the "Committee") appioved its recommended allocation of the
1993 Regional Conservation Futures Acquisition Program funds from the
Reqional and Suburban City Local Projects categories pursuant to
ordinance 10750.
On October 11, 1993, the King County Council, by Ordinance 11068,
approved the allocation of funds to projects.
In consideration of the mutual covenants contained herein, and
Washington State Chapter 39. 34, the parties agree as follows:
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ARTICLB II. DEFINITIONB.
2.1. A9ministrative Costs. All negotiation, general management
and indirect expenses incurred by eity in implementinq the Projects,
including, without limitation, King County staffing costs of the
Committee and costs of overseeinq the Program.
2.2. Aareemeat. This interlocal cooperation agreement between
the County and the City reqarding the distribution of proceeds from the
sale of bonds for open space as described and authorized by the Program
Ordinances.
2.3. aoad OrBinance. King County Ordinance 11121, passed
November 22, 1993, authorized the issuance and sale of bonds to finance
the projects authorizing by Ordinance No. 10750 and Ordinance 11068 or
subsequently approved by the County.
2.{. Hond Proceede. The principal proceeds received from the
sale of bonds. The term shall not include accrued interest on the
bonds paid by the original puichaser of the bonds or any earnings
received from the investment of bond principal.
2.5. Hoad Reflemptioa Fund. The County fund designated by
�7 ordinance for the purpose of paying the principal of and interest on
� any bonds issued by the County.
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� 2.6. Bonda. Any bonds, notes or other evidence of indebtedness
� sold pursuant to the Bond Ordinance and any refunding bonds issued in
� lieu thereof.
� 2 .7. Capital Costs. The tezm "capital costs" shall be construed
consistent with the term "capital purposes" in Article VII, $ 2 (b) of
the Washington State Constitution. The term shall not include the
replacement of equipment. The term may include payment for all costs
related to acquiring real property, including, without limitation, real
estate appraisals, legal and acquisition costs; making qualified
reimbursements; paying necessary project administration expenses;
staffing costs of the Citizens Oversight Committee; interest payments
on any interim financing pending the receipt of Bond Proceeds; and �
paying the costs and expenses incurred in issuing the bonds,
administering the planning and distribution of Bond Proceeds and other
on-going administrative costs of overseeing the Program. '
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2.8. Citisena Overeiqht Committee or Committee. That King
County Open Space Citizen Oversight Committee established following �
enactment of Ordinance 9071 and authorized under Ordinance 10750 to
review and report to the King County Council on implementation of the
1993 Regional Conservation Futures Acquisition Proqram. The Committee
is also responsible for recommending to the Council reallocations of
Bond Proceede when available for new or revised projects.
2.9. Chief Fiaanaial Officer. The person serving as chief
financial officer of the County's Office of Financial Management.
2.10. Code. The Internal Revenue Code of 1986, as amended,
together with all applicable regulations.
2. 11. Conaervation Futurea. The term "conservation futures"
means the fee simple or any lesser interest, development right,
easement, coVenant, or other contractual right necessary in order to
protect, preserve, maintain, improve, restore, limit future use of, or
otherwise conserve open space land which may be acquired by purchase,
qift, qrant, bequest, devise, lease or otherwise, except by eminent
domain, all in accordance with the provisions of RCW 84 .34 and King
� County Ordinances 10750 and 11068.
� 2.12. Open Soace. The term "open space" or "open space land"
�„�,� shall have the same meaninq as set forth in RCW 84.34. 20 as nov or
� hereafter amended. Thia statute currently defines these terms as (a)
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� any land area so desiqnated by official comprehensive land use plan and
0� adopted by a city or county and zoned accordingly, or (b) any land
area, the preservation of which in its present use would (i) conserve
and enhance natural or scenic resources, (ii) protect streams or water
supply, (iii) promote conservation of soils, wetlands, beaches or tidal
marshes, (iv) enhance the value to the public of abutting and neighbor-
in_g parks, forests, wildlife reserves, natural reservations or sanctu-
aries or other open space, (v) enhance recreational activities, (vi)
preserve historic sites, or (vii) retain in its natural state, tracts
of land not less than five acres situated in an urban area and open to
public use on such conditions as may be reasonably required by the
legislative body granting the open space classification.
2.13. Pro4ram. The 1993 Regional Conservation Futures
Acquisition Program as authorized by the Program Ordinances.
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2.14. Proqram Ordinancea. The term "Program Ordinances° means
King County Ordinances 10750 and 11068 and the Bond Ordinance.
2.15. ro eot. The term "Project" means a specific project for
acquisition of open space to which any Bond Proceeds are allocated
which meet open space criteria as described in Ordinance 10750,
Attachments A, B and C, and RCW 84 .34.020.
2.16. Projeot Cateaoriea. As set forth in Ordinance No. 10750,
Project Categories are the Regional Projects, Kinq County Local
Projects, Suburban City Local Projects or Seattle Local Projects.
2.17. 4ualified Reimburaementa. Reimbursements of advances for
Project costs made after the enactment of Ordinance 10750 from other
funds in anticipation of the receipt of Bond Proceeds as evidenced by
written records made contemporaneously with such advances and in a form
acceptable to the Chief Financial Officer. This includes interest
charges paid to acquire interim financing.
2.18. Sco�e Chanqe. The terms "scope change" means a deviation
or change in a project's description that results in a more than lo$,
but less than 508, increase, decrease or difference in a project's
� total acreage or budget. If a deviation or change in a project's
� description results in an increase, decrease or difference in a
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0 project's acreaqe or budget of greater than 50�, it shall be considered
� a new project. For Seattle, such a chanqe that results solely from
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� application of funds from its "Unprogrammed Project Flinding" Project
shall not be considered a "scope change'! or a "new project".
2.19. Taxable Honds. Bonds on which the interest is included in
the gross income of recipients thereof by reason of the failure to
comply wfth applicable requirements of the Code.
2.20. Tax Exemot Bonda. Bonds on which the interest is not
included in the gross income of the recipients thereof by reason of
section 103 (a) of the Code of 1986 as amended.
ARTICLg III. TERM OF AGREEMENT.
This Agreement shall continue in full force and effect and bind
the parties hereto upon execution of the Agreement by both parties.
The term of the Agreement shall be indefinite. The Agreement will
terminate only if the City (i) is unable or unwilling to expend the
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funds provided through this Agreement, (ii) satisfies the matching
requirements, if any, contained in this Agreement, and (iii) upon
reimbursement by the City to the County of all unexpended funds
provided by the County pursuant to this Agreement in the manner and
amounts described below. The terms of Sections 4 . 3, 4 .4, 4.5, 4. 6,
7. 1, 7.2 and 9. 1 shall survive termination of this Aqreement.
ARTICLS IV. CONDITIONB OF A(iRBBMENT.
4.1. 8roleot .Desoriotion. Those Projects currently approved by
the County are listed in Attacliment A, which is incorporated herein by
reference. All Projects must meet open space criteria as described in
King County Ordinance 10750, Attachment B, and RCW 84. 34. City may
propose a scope change to a project's description by proyiding a
written request to the Office of Open Space and to the Committee and by
submitting with such request a revised implementation schedule
reflecting such proposed scope change. The Committee shall have forty-
five (45) days to review and recommend approval or disapproval to the
Council of the City's proposed scope change. The King County Executive
u� shall submit the City proposal and the Committee recommendation to the
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O� Kinq County Council which shall determine by established procedures for
c� King County Capital Improvement Projects whether or not to make such
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c� scope chanqe.
� 4.2. Project Imolementation. Project Implementation shall �
� proceed upon the schedule as set forth in Attachment B, which is
incorporated herein by reference, or as set forth in approved
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modifications to the implementation schedule set forth in Attachment B. �
The parties recognize that delay in implementation of Projects may
jeopardize the financial viability of the Projects as currently
approved and the tax exempt status of interest on the Bonds. The City, i
therefore, certifies that, as to its Projects, it has reviewed its real ;
property acquisition procedures, commits to all reasonable action and i
will proceed with due diligence to ensure that its Projects are �
expeditiously completed in accordance with the Project implementation
schedule, and that it will give highest priority to those properties �
where there is a particular threat of conversion to a more intensive
use or increases in acquisition costs. If City has not demonsbrated
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through its October 1994 semi-annual reporting pursuant to Article VI
of this Agreement that it has made substantial progress in implementinq
a project, the Council may, after receipt of the Executive�s
acquisition progress report as provided in Ordinance 11068, reallocate
project funds or extend project completion deadline. Any project funds
not expended by October 20, 1995 shall be reprogrammed to other
projects.
4.3. IIae of FunBs. Funds in the form of Bond Proceeds made
available to the City pursuant to this Agreement, as well as matchinq
funds provided by the City pursuant to this Agreement, may be used to
defray capital costs of projects pursuant to the Program Ordinances,
RCW 84. 34 and this Agreement. Funds utilized pursuant to this
Aqreement may not be used to purchase Conservation Futures obtained
through the exercise of eminent domain. Seattle may apply funds from
its "Unprogrammed Program Funding" Project to any other Project in its
sole discretion.
4.4. Pro,ject Admiaistratioa and Maintenance in Perpetuity. The
OCity shall p.erform and bear all of the cost of all necessary
� administration and maintenance for its Projects.
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� The City, or any successor in interest, agrees to maintain
O properties acquired with funds provided pursuant to this Agreement as
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Q� open space in perpetuity. If the City wishes to change the status or
use of properties acquired with funds provided pursuant to this
Agreement to any other purpose, the City shall, at the County's
discretion, pay the County an amount in cash equal to the property's
fair market value or substitute other property of equal or better
market and open value acceptable to the County. In either case, the
value of property shall be established at the time of the change in
status or use, based on the best and highest use and not necessarily
based on its value as open space.
At its own cost, the City will provide the County an independent
M.A.I. appraisal of such Property's fair market value in accordance
with this section. The value established by the appraisal will not be
bindin.g on the County. The City shall provide the County with written
notice of its desire to the change of use of the Property and shall
submit such M.A. I. appraisal and proposed substitute properties with
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such notice. The County shall within ninety (90) days respond by (i)
accepting such appraised value; (ii) requesting additional information
regarding such proposed substitute land; or (iii) rejecting both the
appraised value and proposed substitutes. The County shall not
unreasonably exercise its discretion and shall work with the City to
expeditiously resolve issues relatinq to an acceptable valuation or
substitution. If and when the County has agreed upon an acceptable
valuation or substitution, the City shall either pay the County the
full amount of the valuation or record appropriate declarations of
restrictiye covenants up.on the substitute property. The City shall not
change the use of the Property until the County has agreed in writing
to an acceptable substitution or valuation and made such payment or
� recorded such declarations.
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� Nothing herein shall prevent the Cif from
� y granting easements,
� franchises or concessions or from making joint use agreements or other
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� operational aqreements which are compatible with the use of a Project
� for the purposes authorized in this Agreement and the Program
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,� Ordinances and do not materially diminish the open space value of the
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� Property. The City shall notify the County of all such proposed
? franchises, concessions or agreements not less than thirty (30) days
t� prior to their effect.
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��* 4..5. BDecial Conditions: As set forth in the Ordinances, the
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Agreement between the County and the City may contain special
conditions. If applicable, such special conditions are described on
Attachments A, B and C and are incorporated herein by reference.
d.6. Sians. The City shall install, within three months of
acquisition, and maintain signs identify-ing the property purchased
under the Program as having been acquired under King Eounty�s 1993
Regional Conservation Futures Acquisition Program. Such signs shall be
clearly visible to the public entering upon the Property or, where
public access is inappropriate, clearly visible 8rom the public riqht-
of-way to the extent practicable. Such signs shall be of an appropri-
ate size (generally r►ot smaller than two feet by three feet) and such
identification shall be as prominent as any other identifications of
the Property. The City also shall install within three months of the
date of this Agreement or within three months of the date of
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acquisition and maintain similar signs on all property ac_quired with
funds under the 1989 King County Oper► Space Bond Program identifying
the property as having been acqui.red under such Program.
4.7 Recordinq- of thia Aqreement. As part of the closing of
escrow of the acquisition of any Conservation Future bpoi► ariy parcel •
within a Project, City shall record with King County's Department of
Records ancl Elections either this Agreement or a memorandum of this
Agreement in a form approved in writing by the County.
ARTICLB -Y. BOND PROCSEDB.
5.1. Disfribution of Principal Proceeds. The Principal Proceeds
of the Bonds shall be deposited in a fund or funds to be designated by
the County for the purpose of administering, disbursing and accounting
foi Bond Proceeds. Within said fund or funds, Bond principal will be.
distributed to the City as set forth in Section 5.4 of this Agreement.
5.2. Inveatment of Bond Proceeds. The County� throu_gh its
Office of Financial Management, shall be responsible for placing
� investments of cash balances. The County will be responsible for
O� arbitrage calculations and related actions required by the Code to
O ensure compliance with arbitrage regulations.
O5.3. Interest Earninas. Interest earnings on the Principal Bond
� Proceeds will be collected and deposited in the Bond Redemption Fund to I
pay a portion of the principal of and interest on the bond delit.
5.4. Hon6 Proceeds Disbursement. Bond Proceeds will be I
disbursed to the City upon receipt and verification of properly I
completed requests for payment of Bond Proceeds by the Kii►cj Countj+
Office of Open Space or its successor. The disbursements will be made �
in one of two ways: (1) by wire transfer up to five (5) days prior to �
the closing date upon receipt by the County of a completed request
form, a copy of the signed purchase documerit, an estimated settlement
statement, and electronic wiring instructions to the closing agent or
City if so requested; or (2) by Automated. Clearinghouse bransmittal to
the City for Qualified Reimbursement for ezpendituies foi Capifal
Costs. The City shall provide a list of authorized individuals to
certify the requests submitted to the C.ounty. The City will be
responsible for the accuracy of the payment requests and the propriety
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and timeliness of its disbursements of the Bond Proceeda.
5.5. Dispoaition of Remaininq Bond Procee8s.
a. Bond- Proceeds Reallocation - Proiect Comnletion. If,
upon completion of a Project, Bond Proceeds exist, in eiccess of the
amount necessary to reimburse the appropriate Capital Cost of a
Project, then the City may propose to reallocate such excess Bond
Proceeds to other existing Projects by providing a written request to
the Office of Open Space and to the Committee and by submitting with
such request a revised implementation schedule reflecting such proposed
reallocation. The Committee shall have forty-five (45) days to review
and recommend approval or disapproval to the Council of the City's �
proposed reallocation. The King County Executive shall submit the City
proposal and the Committee recommendation to the King County Counoil
which shall determine lij+ ordir►ance whethei or not to make such
reallocation. �
b. Bond Proceeds Reallocation - Project Abandonment.
� The City may abandon a Pioject only upon a determination and finding of �
''� fact through its normal legislative process that chanqes in conditions �
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� or new information developed after approval of funding of Projects
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0 prevent the practical accomplishment of the Project or clearly indicate
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� that the Project would no longer best serve its intended purpose. If
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� the City abandons a Project, and excess Bond Proceeds remain, the City
may propose to reallocate such excess Bond Proceeds to other existing
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approved City Projects following the same procedure as set forth in i
5..5.a. above and shall submit to the Committee a certified copy of its �
legislative action by which it made such determination of fact. I
c. Bond Proceeds -Reallocation - New_ Proiects. The City
may request to reallocate excess Bond Proceeds to a new Project if it '
makes a determination through its normal legislative processes that the �
proposed new Project is consistent with the purpose of the Bonds. If
the City requests to reallocate excess Bond Proceeds to a new Project,
the City shall forward its proposal to the Committee for its review and
recommendation to the Council in the same manner as 5.5.a. above, and
shall submit a certified copy of its legislative action by which it
made such determination.
5.6. Interim Financinu. Following the County's adoption of �
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Ordinance 11068, the City may have issued short-term obligations in
anticipation of reimbursement from Bond Proceeds to defray the same
Capital Costs for which Bond Proceeds may be utilized. The payment of
principal and interest upon such short-term obligations shall be a
proper object of expenditure oP Bond Proceeds to the extent that the
rate of such interest is reasonable.
ARTICLB VI. RBPORTIN(i RBODZREMENTB.
6.1. Reportina Schedule. During implementation of the Projects,
the City shall provide the County and the Committee semi-annual reports
describing Project Implementation status. Such reports shall cover
six-month periods of April 1 through September 3o and October 1 through
March 31 and shall be submitted no later than the twentieth workinq day
following the end of the reporting period. All such reports shall be
submitted to the County's Department of Parks, Planninq and Resources
Office of Open Space, or its successors.
� 6.2. Renort Iaformation. The reports shall contain the
� following information:
� a. An accounting of cash expenditures and encumbrances in
� support of the project, including a separate accounting for
� Administrative Costs;
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� b. A work plan for each project showinq the anticipated
date by which City expects to achieve the followinq milestones in the
acquisition process: (1) title report rev-iewed; (2) survey completed
(if necessary) ; (3) environmental assessment completed (if necessary)
(4) appraisal completed and reviewed; (5) first offer made; (6)
purchase agreement executed; and (7) propertj+ acquired;
c. The proqress of City in accomplishing milestones for
each Project and any changes to the time line; and
d. Other relevant information requested by the County for
the purpose of determining compliance with this Agreement.
ARTICLE VII. TAR COOENANTB
7.1. Preservatioa of Taa Exemut 8tatus. So long as such Bonds
are outstanding or for twenty years after the first disbursement of
Bond Proceeds, whichever is longer:
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a. The City will not use or permit to be used any of the
Bond Proceeds or the property or facilities acquired, constracted,
developed or improved as part of the Projects in such manner and shall
not take or omit to take any other action as to cause the interest on
the Bonds to be included in the gross income of the recipients thereof
for purposes of federal income taxation.
b. The City will provide certificates when and as
required by the County's bond counsel, the Code or the internal Revenue
Service in order to establish or maintain the tax exempt status of
interest on the Bonds.
c. The City will comply with any requirements imposed by
the Code in order to preserve the tax exempt status of interest on the
Bonds. The City will cooperate in any audit by the Internal Revenue
Service, including disclosure of any records, contracts and other
materials required by the Internal Revenue Service in order to
,; establish or preserve the Bonds� tax exempt status or as may be
0 required by the Code.
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C� 7.2. In9emnificatioa. If the Bonds become Taxable Bonds as a
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� result of the acts or omissions of the City not approved in writinq by
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� the County, the City shall indemnify and hold the County, its officers,
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employees and agents, includinq bond counsel, harmless with respect to
bond holders' claims and any costs attendant thereto, including any
penalties and the County's attorneys' fees and coste in defending such
claims.
ARTICLE VIII. RESPONSIBILITIEB OF COUNTY.
8.1. Issuance of Bonds. Subject to the terms of this Agreement
and the Program Ordinances, the County will issue Bonds for the
purposes set forth herein and in the Program Ordinances.
8.2. Diatribution of Hond Proceeds. Distribution to the City of
any Bond Proceeds is specifically conditioned upon ezecution by the
City and the County of this Aqreement.
8.3. Future 8uuuort. The County assumes no obligation for the
future siipport of the Projects described herein, or any other projects,
except as expressly set forth in this Agreement.
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ARTICLS IB. GENERAL PROVI8ION8
9.1. �old Sazmlesa and Iaflemnifichtion.
a. The. COUnty assumes no responeibilitj+ for the payment
of any compensation, fees, wages, benefits or taxes to or on behalf of
the City, its employees, contractors or others by reason of this
Agieement. The City shaTl protect, indemnify and save harmless the.
County, its officers, agents and employees from any and all claims,
costs an3 losses whatsoever occurring or resultinq from (1) the City's '
failure to pay any compensation, wage, fee, benefit or tax, and (2) the
supplying to the City of work, services, materials or supplies by City i
employees or agents or other contractors or suppliers in connection !
with or in support of performance of this Aqreement. i
b. The City further agrees that it is financially
, responsible for and will repay the County all indicated amounts
following an audit excepbion which occurs due to the negligent or
intentional acts or failure for any reason to comply with the terms of
this Agreement by the City, its officers, employees, agents or �
� representatives. I
pc. The City sYiall protect, defend, indemnify and save �
� harmless the County from any and al1 costs, claims, judgments or awards I
� of damages, including attorneys' fees, arising out of or in any way �
� resulting from the Projects, includincj but not limited to the negligent I
� acts or omissions of the City, its officers, employees or agents, but �
not including the solely negligent acts or omissions of the County, its �
officers, employees or agents. For purposes of this Agreement only,
the City aqrees to waive the immunity granted for industrial insurance
claims pursuant to Washington statute chapter 52 to the extent �
necessary to extend its obligation under this subparagraph to any
claim, demand, or cause of action brought by or on behalf of any �
employees, including judgments, awards and costs a=ising therefrom
including attorneys' fees. I
9.2. Amendments. or Modifications. The parties reserve the right
to amend or modify this Agreement. Such amendments o= modifications i
must be by written instrument, signed by the parties and approved by !I
the respective City and County Councils. i
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9.3. Coatnc�t Waiver. No waiver by either party of any term or
condition of this Agreement shall be deemed or construed to be a waiver
of any other term or condition, nor shall a waiver of any breaoh, be
deemed to constitute a waiver of any subsequent breach whether of the
same or a different provision of this Agreement. No waiyer shall be
effective unless made in writing.
9.4. Notices. Any notice, consent, demand or other communica-
tion hereunder shall be in writing and shall be deemed to have been
given if delivered in person or deposited in any United States Postal
Service mail box, first class postage prepaid, or sent by registered or
certified mail, return receipt requested, addressed to the party for
whom it is intended as follows:
(1) To the City: City of Auburn
Mr. Len Chapman, Parks Director i
25 West Main Street
Auburn, WA 98001 �
(2) To the County: King County Office of Open Space
tf� 1621 Smith Tower
� 506 Second Avenue
� Seattle, Washington 98104
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� with a copy to: Chief Financial Officer
p 400 King County Courthouse
d' Seattle, Washington 98104 I
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These titles and addresses may be changed by written notice to the
other party pursuant to th:is provision.
9.5. interoretation. This Aqreement shall be interpreted
acco=ding to and enforced under the laws of the State of Washington. I
The section and subsection captions of this Agreement are for I
convenience only and shall not control or affect the meaning or ;
construction of any provision in this Agreement. �
9.6. Senarabilitv. Each provision of this Agreement is
separable from all other provisions. In the event any court of
competent jurisdiction determines that any provision of this Agreement
is invalid or unenforceable for any reason, all remaining provisions
will remain in full force and effect.
9.7. Entiretv. This Agreement is a complete expression of the
terms hereto and any oral representations or understandings not
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incorporated are excluded. This Agreement merges and supersedes all
prior negotiations, representations, and agreements between the parties
relating to the Bonds, Bond Proceeds or Projects and constitutes the
entire Agreement between the parties. The parties recognize time is of
the essence in the performance of the provisions of this Agreement.
IN RITNS88 NHSRBOF, authorized representatives of the parties
hereto have signed their names in the apaces set forth below.
KING COUNTY CITY OF AUBURN
sy �.Pa� G. ►�ool-Q
KING CDUNTY EX TIVE
Its ----�
DATE: �a p DATE: C
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� ACTING UNDER AUTHORITY OF TING UN ER AUTHORIT OF
�.q MOTION ,$92-02 . �
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� Approved as to form: Approved as to form:
d'
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NORM MALENG
Kinq County Prosecuting
Atto
' ' City Attorney
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ATTACHMENT A
APYROVED PROJECTB
euburban Cities
City proiect Allocation
Auburn Green River Access $ 300,000
Auburn Olson Canyon 1,800, 000
Bellewe Meydenbauer Bay 2,500,000
Bothell Burke Gilman/Sammamish
RiVer Greenway 950, 000
DuVall Douqherty Farm 118,000
Federal Way Sisters of Visitation 340, 000
Federal Flay Fisher�s Pond and
School Site No. 20 1,060, 000
issaquah Tibbott Property (Tiger Mountain) 1, 500, 000
Issaquah Issaquah Creek - Johnson Property 500, 000
Kent Green River NREA 500, 000
Kent Upper Mill Creek Canyon 71, 000
� Kent Riverview Park 236,000
i„� Kirkland Juanita Bay Park Expansion 200, 000
p Rirkland Brink Park Expansion 1,200, 000
� L.Forest Pk McAleer Creek OS Program 25,000
0 North Bend/ Meadowbrook Farm 2,500, 000
OSnoqualmie
� Redmond E. Lake Sammamish Waterfront Pk. 1,000, 000
� Renton Cedar River Trail 1,800, 000
Renton Springbrook Trail 300, 000
Woodinville Woodinville Green Gateway 800, 000
LfT INTERLOCAL - AUBURN 15 DECEMBER 29� 1993 I
� �� ys� i
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i - . . :
City of 8eattle
Prbject Allocation
North Beach Natural Area $ 137,700
Sunset Hill Greenbelt 329,400
Thornton Creek Additions:
(Maple Creek, San Point Way, Little Brook) 900, 000
Llandover Woods: 3rd NW and NW 145th 1, 331, 100
14043 - 32nd NE 1,260, 900
Fremont/Vemo 540,000
Burke-Gilman Greenway: Silver Cloud 272,700
Burke-Gilman Greenway: DNR 267,300
Burke Gilman Greenway: NW 85th & Sand Point Way 1,530, 000
St. Mark's Greenbelt 264,600
Magnolia Greenbelt 188, 100
Northeast Queen Anne Greenbelt Tip 709, 200
MGM Eastlake 1,278,900
3001 East Madison 473,400
Madison McGilvra 450, 000
Northeast Queen Anne Overlook 819,900
Duwamish Head Greenbelt 5, 400, 000
Pelly Place Natural Area 447,300
Afioyos Natural Area 248, 400
� Maple School Ravine Natural Area 281,700
� Orchard Street Ravine Natural Area 270,900
O� Puget Creek 778, 500
�„� Unprogrammed Project Funding 2, 020, 000
O
t'�
O
C
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CFT INTERLOCAL - AUBURN 76 DECEMBER 29, 1993
� ��s `�
. . 1 vvv
1 9 qnalmie iver/atil ter is 140-acre roject t inclu s
' 2 45 cree ot e aimple cquielti and 95 a ea at Le 9 thubll
' ] [ee velogme rights. This pro ct inelud obtaln P
s acces ta the ach at th lazqe ri ar 6end the No est
5 carner the pr erty (p - at parc "8" on e attache
6 ap) .
7 I ia Ardea e�erve aet '•!f" eludes a J-acre u and parce
8 adj ent to qet Sou in the nis Arde neighbarh od locate
9 sout ol the t inue o 15th Ave �ue North et in Sea tle.
Lo e county hall see to obtai aceess .
11 rig s an the Sdeland adjacant ta the 2 acre site
12 alte urchaee t thls operGy, e pnrka iviaion s all,
17 throuq its nocm 1 maste lanninq rocess, eek ta
ld tovide ceess to he site, lneliidin partinq, tor coun �
15 sidents vho live eyond t immedia e ad�oint q
16 n hborho
17 ree Far. Additi is a mu ti-parce inholdi vithin he
1B c� ty'e 'Ch ee For!c Park alo Reiniq oad nea Snoqualm e.
19 The ount( s 11 seek to acqui as man oC the�-elve par ls
20 as p sible, th the qhest p� rity be q t�e p operty a ng
21 the we tern edg � ot the roject b ndary, � jacent the
12 rock:ra marsh a a.
z7 Op r Hear reek Co arvntio Area is multi- operty ojec!
24 are vithin hlch ac isition � t tee si le and ess tha fee
25 deJel ment r Rts vil be pur ased for onserva 'on purp ses.
25 o Co t' e coun shall s k to ac uira
]7 deve opment ghts ar rid Pata Lse Lake nd acce to thi
28 lake - a Cir priori [o� ac uisltlon the i ntified
29 projec area.
]0 Secon Priorit ehall acqulsi ion of e Eorrer "uhital !c"
� 71 prope Mny p operty cquisiti - s beyo these t pr-ori
� 72 reas sh 11 be re 'ewed a approv by th COC and c unty
Q 77 uncil.
CA 74
C7 75 Lak 8awyer s a 29.5 cre :+a rfront oject cated on e
fl ]6 sout , ast sho ot Lak Sawyer 'n south -'nq Cou ty. The
� 77 county hal�l s k to acq 're pro er:( tha orovid public
'D ]8 access the +a erfront d the oposed _en to edar
� 79 tsaional rail.
' 40 BUHORHAH CITIE9 PFOJECT9
41 Graen River Access is a 4.4-ac�e project :+ith apPcoximat_!y 610
42 Ceet of shoreline located adjacent to 4th St[_et Sout:�eas� on
47 the Gre_n River in the City a[ Auburn.
d4 Soeclal Condition� The city shall se_Y, to acquire as much
45 of the proposed project as posslble, vlth a [irst orLority
a6 0[ gaining publlc access from the street end at the
47 northern project boundary.
49 oleon Canyon is a 60.5-acre project adjacent to the north end
E9 of Auburn Golt Couise on Green Ai�ec Road.
50 Sveclal Condltion: The City of Auburn shall ensure
51 pc_servation oL the histo[lc character o9 thlnscon unctiort
52 including the homestead and barn buildin s, 7
57 vith aqency or other recoqnlzed historic preservation/
54 cultural resources authorltles.
55 Heydenbauer Bay is a 4/10 0[ an acre site located on the
56 shoreline o[ Lake Hashington on Southeast Bellevue Place in the
- 57 .city ot Bellewe•
�� / JJJ111ECEMBER 29, 1993
CFT INiERLOCAL - AUBURN ��� ��S (//
— _'/ �- /
1 y v .. ...
� .
I � ' 1 eammaminh Aivar/aurke-611maa azaaas+np (Bothell portion) ls a
' 2 26.1-acra open speca adjacent t6 the 9urke Gllman Regional
] Trail and the Sa�amish Slouqh cn Bothell Hay in 9othe1l. The
4 project vill purehase devalopment riqhts on a portion o! the
- 9 "tront nlne" o[ the Hayne Galt course, and dill require
6 continued pa611c availability to the golt course at prices
7 equivalent ta publicly-oaned qall coursas in Klnq county.
9 Soecial Condition: The City ot Bothell shall ensure that
9 the vegetation betaeen the 8urke Gilman Trail and the golt
10 course Ss reqularly pruned to ensure elear visibllity to
11 t=a11 usar9 0[ t6e apen space [rom the entita lenqt5 0!
i7 the trail borderinq_ the opan epaca.
1] oouqhertp Fera is a 27.6-acre open space 1n the Snoqnalaie
ld Valley locatad ari Northeast C�errj Valley Aoad just nortt ot
l.5 the present eity limits of the Clty ot Duvall.
16 9lster� of vieitation is an 11.7-acre site •+ith approx±mate!y
17 6U5 teet o[ shoreline on Puqet Sound. The site is located on
18 Marine View Drive in Fedezal i7ay.
1? Snecial Condition: The portion of this site tSat contains
20 the toot�rint ol the existlnq building that •ril'_ be used
21 as a conlerence center is not eligible tor CFT lundinq.
72 Further, the City oC Federal Way will ensure that t5e
2] qeneral public aill have Cull, well-ldentiLied access to
24 the grounds that are purchased with t5ese conservation
25 futuras lunds anii that this proper:y vill not be for the
25 excluslve use oL any c�nLerence attendees or o[her users
27 ot the bullding located� at the site.
29 Flsher's Pond is a 1].`-ac.-e oroject located on southaest 720th
29 St:eet and 7th Avenue Soutyaest in Fede:al Fiay.
p�j 70 9chool Bite No. 2o is a 10.7-acre project locate3 on 15th
0 71 Avenue Southeast in Federal 'r7ay.
C'� 72 Tibbett Propertp is an 18-acre site that lies at the entrance
O 77 t� Zssaquah's Tradltion Lake Park and the Tiger Moun�ain State
C7 ]4 Forest. The site is adjacent to Interstate 90 vest of the High
O 75 Point e�cit east ot Issaquah.
�'
� 76 Soecial Condition: It is anticipated that fundina
77 shorttalls in this project vi11 be addr_ssed tiy :he State.
79 .7ahnson 4ropertp is a 7 .4-acre proper:y located in dountown
79 Issaquah at t�a junc�lon oC the East For!c and main stem of
40 Issaquah Cteek. �
41 Green Aiver NREA is an approximately 27o-acre site locat_Z
<2 adjacent to the Green Ri�er, south of South 212th S�reet, and
47 adjacent to a proposed stormWatet management and�wetland
44 � enhancement ❑asln Iacillty currently oNned by the Clty oE ic_ent.
�<5 Opper Hill craek Canyon is t•�o parcels of land totaling ].6
�46 acres that are Snholdinqs vithin Kent's Mill Creek Park.
47 Rivar�lev Park is a 11.7 acre project locate3 along the east
48 bank o[ the Green River, adjacent to SIi 167 Sn Rent.
4? Soeclal Condition: As a tirst priority, the City shall
50 seek to acqulre prooerty bet•+een Ra•+ley Road and the Gre_n
51 Hiver, knovn as the "Baldain" property. As a second
52 priority, the City shall seek to acquire the parcels
57 located betaeen Hawley Aoad and SR 167.
CFi INTERLOCRL - AUBURN 7B �I� �� /(�% DECEXBER 29, 7993
L ��� J /
. 1 l V V V
; , , , .
` ' 1 Juanita Hap perk Eapnnslon ls a .1.7-acra parcel aith 140 Leet
2 aL shoraline on Lake Hashington and is located to the north o!
] existinq Juanita 9ay Park on 98th Avenua Northeast in
4 Kitkland.
5 Hriak Yark Expen�ion is a .7-acre site locatad on Lake
6 Hashinqton adjacent to the south end ot Brink Pazk on t4ar:cet �
7 Straet in Rirkland. .
� 8 Soecia� Cond�tlon: It state Ielc tundinq is secured far
9 this project, unanticipated CFT tundinq surplus shall �he
1a reproqremmed unlese naeded to complete the Kirkland
il Juanita Bay Park Expanslon project, identltied� above.
12 ISCAlear c=eek opea Bpace Yroqram is a i.l-ac=e parcel located
1J on Perklns Way in the City ot Lake Focest Par!c. The project
id conGains shoteline alonq McAleer Creek.
15 lSeadowbrook Farm Ss a 470-acre farm located vi�hln the cities
lfi oC North Bend and Snoqualmia on t`�e Snoqualmie-NOeth Bend Road
17 and alonq the South Cork o1 the Snoqualmle Rlver. The citles
18 �ot North Bend and Snoqualmle shall seek Co acquire the
19 properties identified as "Phase I�I" on the attached map. �
20 Laka eammamieti Raterfrou! Fnrk Ss a multi-parcel pioject vith �
21 approzimately 2500 teet o[ shoreline on Lake Sammamish and� is
� 22 located along East. Lake Sammamish Park:�ay. This prooetty is�
27 located vithin unincorporate3 King CounEy, hovever, it would be
24 ovned and operated by the City o! Redmond.
1-` sn �ta� rondl lon: The City of Redmond shall aggressi+ely -
Z6 pursue other sourcea oE Luniiing to complete this project.
27 Cedar Aiver Trail is a City oE Renton oroject that is Sl.fi
� 28 acrss in size and is located aloog the Cedar Alver and Cxdar
29 River Reqional Trail east oP Interstate 405 in Renton.
0
R� 70 �oecial condition: The City oC Renton will pr�serve at
C7 71 least half ot the level area in the center o[ the site tor �
� ]2 open snace uses consistent vith the restrictions
O � J] identified in Ordinance 10750. Any portion of this
� 74 project slte that is pcoposed for acti��e recreation or
� 75 other activities nat in keepinq �+ith the fundina
J6 reaulrements of the Reaional Conser•iation Fuf:it°s 1997
� 77 Acquisition 9ond �Program •aill not be ellgible Cor funding.
79 Bpringbrobk Creek Trail is an 8.8-acr_ city of Renton project
79 located on Talbot Road and the Hest Vall_y Highvay (SR 167) .
40 Roodinv111a Green Gatesray is a 7 .7-ac:e oroject located in the
41 City of F`oodlnvill_ adjacent to the Sammamish Va11ey/BUr!:_-
42 Gilman Regional Trail, which is on the Samnamish Rivec. The
47 project is located on lJlst Avenue NE and NE 175th Street.
44 Soecial Condition: T1e City sha11 sesk to secure the
45 necessary funds to acauire the entire proposed project
46 area. Upon purchase of this site the City of Noodinville
47 vill change the configuration of existinq pa_Y.ing on the
48 slte to be no more than 153 0[ the entlre site. Should
49 ttie City be successful in acquirina the school distric:
50 property located to the east of the projecG area, Within .
51 three years� of the passage of thls Motlon, the City of
52 W.00dinville Will eliminat_ a11 parking from the site in
5] perpetuity.
i
CFT INTERLOCRL - AUBUPN 19 �`� , (�C�� DECEMBER 29, 1993
c. ,/> > �
�I- �LVV � • •
I • 1 � 1 CITY OP 98ATTL3 PKOJECT9 �
2 Hoeth 8eneh Haturnl Area is a 1.19-aere project located betueen
' 7 Narthvest 91st Place and NottIIwest 95th Place that includes a
4 creek vithin a vooded ravina.
5 Bunaet Hill Greenbelt is a 27.7-acre gz_enbelt located alonq
6 Seaviev Aventie Northuest adjacent to Shilshole Bay Harina.
7 Thornton Craek watorehed eonsists oF three sites:
9 Band Poiat Wap, a 1.7]-acre project located at the
9 lntarsection ot Sand Polnt Way NortheasG and Nort'�east
10 95th St=eet� �
11 Litlle erook is a 7.1a-acre multi-parcel project vith �
1�2 approximately 1000 teet of stz_am and a vooded ravine.
. 1] The project is located bet:+een Northeast 117th Street and
14 Northeast 120th Street;
15 Haple C=eek is a C.54-acre Wooded ooen space alonq
16 Thornton Cr__k located east o[ d0th Avenue Nor:heast and
17 Northeast 89th Street.
19 Llaadover woods: 3rd NW i ttW 1�Sth is a 9.54-acre woodad and
1? qrassy meadoc+ site located. just south oP the northerly limits
20 ot Seattl_ at Northaest 14]rd Street near Northwest Culbertson
zl orive.
22 140�3 ]2nd tiE ls a .86-acre pareel loc3ted on 72nd Avenue
2�7 Northeast betaeen Northeast 147rd Street and Northeast 140th
24 Street. The project contains a meadow and a small stream.
� 25 Premant/vemo is a .3-ac:e undevelooed oroperty located bet+een
� � 26 Northvest ]Sth Stre_t and North Canal �Stre_t.
"� 27 Snecial Condition: The City ie encouraged to explore
' � 28 alternative open spece sites vithin the Fremont community
a 29 betore acquiring this propert�.
� a ]0 earke-dilmaa Greenxap: 911ver Cloud is a .5-acre undevelcped '
� ��' 7! area adjacent to the Burte Gilman T=ai1 near 27th a�enua .
�•�� 72 Northeast. The site is also proposed as a location for the
��� 77 dayliqhtlna ot Aavenna c:eek, r+hich curr_ntly runs througR a �
74 drainage pipe on the property. '
]5 Soecial Condition: As a Cirst oriori�y, the city shall
]6 � seek to acquire the pCOperty along the eastern edge oE the .
]7 project boundary.
78 Burke-Gilman Gree¢�ay: ONA is a ].12-acr_ section of tye Burke
]9 Gilman Trail that is not in City oE Seattle ovnership. In
40 addltion to the trail, the property contalns a natural 6ufEer
41 to the trail. The site is located east of dOth Avenue
4Z Hor:heast and r+est of Sand Point Nay 1lortheast. ' _
4J Bvika Gilman Graenxay: Northeast e5th nnd 9aad Poiat Any is a ,
44 7.7 acre vooded ravine property located adjacent to the 6urke-
45 Gilman Trail near Sand Polnt Hay and Northeast BSth Stieet.
E6 6t. riark'e �zeenbelt 15 an 8.7-acre vooded open s�ace on the
47 r+est side of Capital Hill south of Broadvay east and no[th of
48 East Highland Drive. �
49 Hagnolia Graenbelt is a .,51-acre vooded hillside near the
50 Magnolia viaduct at Amherst Avenue Hest and is part of the
51 larger Nagnolia Greenbelt under publlc ounership. ,
CFT INTERLOLAL • AUBURN 20 /J,� n C�( (��`� DECEMBER 29, 7993 i
A ,/ <!i '/�� J
� - ,..
y � Uv �
1 Hadinon Hcailvra is a ].88 acra multi-parcel project. The
� � 2 project area horders Lake Baehinqtan at the entrance to the
• 7 Hontlake cut at East McGilvra Street, east ot 77th Avenue East.
4 Soecial Condition: The City shall seek to acquire as many �
5 at tha pareels as passible, wlth hlghest pr'_orlty beina
6 acqulsition vt puhllc vaterfront accas9. The ci�y shall
7 aqqresaively pursue other sources oC tundinq, includlnq
e city resaurcee, to eamplete thls project.
9 Nottheaat Queea Anae areenhelt Tip ie a .5-aere parcel t5at
10 servee as a nocthern terminus to the Northeast Queen Mne
11 Craenbelt. 'rha eita Sa .located betvaan Oaxtar avenue and at!�
12 Avanue Narth.� �
17 }tGH Eaatleke is a .51-acre project •+ith a viea o! Lake Union
14 and' a aerves ae an addition to an Olmstead Park and a P-Patc'�.
15 The project is located vest oC Eastlake Avenue East.
16 ]ooi Eaet Hadi�on is a .28-acre wooded sloping hillside ln
17 Madison Valley oC Central Seattle and Ss located at the
16 Sntersection of East Hadison Street and East Nercer Street. '�
19 Northeaet pveea Anne ovarlook is a ..68-acre open soace prooerty
20 Ehat ptovides a panoeamie vlev east over Lake Union and the
21 Cascadea, Lake Washington and Mount Rainier. The project is i
22 located at the intersectiori oP 9laine St:eet and Taylor Avenue
27 North. � �
i
24 Ouvamish Read Greenbelt is a 5.26-acre project on the east
25 Eacinq slope ot t!ie Duwamish River. P�ior!ty acquisition �
26 propertl_s are located on Fauntl=roy Avenua Southvest jus: eas:
27 of Admiral Way., A second priority acquisition site is located
28 adjacent to Lotus Avenue and HarSor Avenue Southwest.
29 Soecial Condition: The city's highest acquisition i
� 70 priority stiall ba parcels "A", "B", "C" and "D" on t:te
O 71 attached map. It addltional funds ar_ available, parce!s
� 72 D1, 02, D7 and E7 Nill be the sec�nd priority for �
� 7] acquisition. i
� 74 Pelly Ylace Natural A.rea is a .29-acr_ project Located east of ;
a ]5 Nutray Avenue southwest at the entranc_ to a laraer '.�ocd_3 .
�. 76 ravine. I
� � J7 Arroyos Natural Area is a 6.85-acie •robded hillside site above �
�78 Puqet Sound along tAarine Viev �rive in sout4 Seattle.
79 Haple 9chool Ravine Natural Atea Ss a 2. 19-acre multl-parcel . �
40 linear vooded greenbelt located ad�acent to 19th A�enue South �
41 bet'�+e_n South Lucllle Street and South Juneau Str_et. �
�
d2 Orchard Bhreeh Ravine Natural Area is a 1.51-acCe project �
4] consleting of 2 parcels that are pact oE a shallov, �
44 undeveloped, vooded ravine adjacent to Southvest OCChaLd
45 Street.
46 Yuqet Craek Natural Area is a 4 .69-acr_ multi-parcel projec:
47 located adjacent to 19th AJenue Southcrest bet.+een Southt+est
48 Brandon Stre_t and Southr+est Juneau St:eet. The natural ar_a
49 contains or bordets a cr__k that Ls linked to Puget Yark.
50
�
I
I ,
[FT INTERLOCAL - AUBURN 21 ����� , DECEMBER 29, 7993 I
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• � , . � , r'1�nooc.� brcol� F� Krv�
, '_c[�IT o'r:r�T i CF '?Flni�l iGLI•i I c
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PURCHASE PNASES
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CFT INTERLOCAL - RUBURN 22 ���� �S , DECEMBER 29, 1993
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ATTACHMENT C
ADDITIONAL SPECIAL CONDITION9
1. No more than $977, 000 in general administrative costs
(including all negotiation, general management and indirect expenses)
may be reimbursed frbm Project Funds allocated to the City of Seattle.
Administrative costs attributable to King County's oversiqht of the
project, however, may be reimbursed from such project funds.
2. No more than the general administrative costs (including all
negotiation, gener8l management and indirect expenses) identified in
individual project applications may be reimbursed from suburban Project
Funds as follows:
Administrative
Cit�_ Proiect Costs
Auburn Green River Access S -�-
Auburn Olson Canyon '�-
Bellewe Meydenbauer Bay 30, 000
Bothell Burke Gilman/Sammamish
River Greenway 5, 000
Duvall Dougherty Farm 5, 000
Federal Way Sisters of Visitation 30, 000
Federal Way Fisher's Pond and 55, 000
School Site No. 20
issaqua,h Tibbott Property (Tiger Mountain) 5,000
Issaquah Issaquah Creek - Johnson Property 5,000
� Kent Green River NREA '0'
Kent Upper Mill Creek Canyon 2,000
�' Kent River4iew Park '0- i
� Kirkland Juanita Baj+ Park Expansion -0-
q Kirkland Brink Park Expansion -0- I
� L.Forest Pk McAleer Creek OS Program -�-
0 North Bend/ Meadowbrook Farm -�-
� Snoqualmie
� Redmond E. Lake Sammamish Waterfront Pk. 20, 000 I
� Renton Cedar River Trail 25,000 ;
� Renton Springbrook Trail 18, 000
Woodinville Woodinville Green Gateway 1, 440
�
Administrative costs attributable to King County's oversight of the i
project, however, may be reimbursed from such project funde.
3. Seattle may reprogram funds from its regional or local I
unprogrammed funding projects to other projects funded in this �
aq'reement after reporting such reprogrammincj to the Committee and the i
County Council.
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CFT INTERLOCAL - AUBIIRN 25 DECEMBER 29, 7993
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4 . Prior to disbursement of any P=oject Funds hereunder, Seattle
shall negotiate in good faith for the conveyance of property needed by
King County to complete its 1989 King County Open Space Bond Project or
its projects under the Program. The projects include:
Shoreline Interurban Trail
(City Light Right-of-Way)
Soos Creek Trail Extension North
(Seattle Fiater Department Right-of-Way)
Kinq County also agrees to negotiate the conveyance of properties King
County owns that the City needs to complete its projects under the 1989
King County Open Space Bond Project or its projects under the Program.
5. Suburban Cities shall provide matching funds to each project
as follows:
City Proiect Matchina Funds
Auburn Green River Access $ -0-
Auburn Olson Canyon -0-
Bellevue Meydenbauer Bay 500, 000
Bothell Burke Gilman/Sammamish -0-
River Greenway j
� Duvall Dougherty Farm 82, 000 I
� Federal Way Sisters of Visitation 405,000 �
� Federal Way Fisher�s Pond and -0-
p School Site No. 20 I
o Issaquah Tibbott Property (Tiger Mountain) -0- ;
6, Issaquah Issaquah Creek - Johnson Property -0- �
� Kent Green River NREA 3 ,400,000 I
Kent Upper Mill Creek Canyon 73,500
Kent Riverview Park -0- ;
Kirkland Juanita Bay Park Expansion 530, 000*
Kirkland Brink Park Expansion 225', 000 �
L.Forest Pk McAleer Creek OS Program -0-
North Bend/ Meadowbrook Farm -0- �
Snoqualmie
Redmond E. Lake Sammamish Waterfront Pk. -0-
Renton Cedar River Trail 702, 249
Renton Springbrook Trail 65, 388
Woodinville Woodinville Green Gateway -0- i
* Includes METRO SIF
6. Snoqualmie and North Bend shall be jointly and severally �
liable for performing of City obligations under their agreement with
King County.
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CFT INTERLOCAL - AUBURN 26 DECENBER 29, 1993
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