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HomeMy WebLinkAbout5203RESOLUTION NO. 5 2 0 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR OPEN SPACE ACQUISITION PROJECTS WHEREAS, King County has established a Conservation Futures Levy Fund and has appropriated proceeds to provide for the acquisition of open spaces within the County; and WHEREAS, King County Council passed Ordinance Number 17707, which appropriates specific Conservation Futures Levy proceeds for the City of Auburn Les Gove Park expansion acquisition project; and WHEREAS, the City of Auburn is interested and willing to enter into an Amendment to the Conservation Futures Interlocal Cooperation Agreement between the County and the City for open space acquisition, beneficial to the Les Gove Park in conformity with the requirements of the Interlocal Cooperation Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows Section 1. The Mayor of the City of Auburn is hereby authorized to execute a Amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Auburn for open space acquisition related to the Les Gove Park, which Amendment to the Conservation Futures Interlocal Cooperation Agreement shall be in substantial conformity with the document attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 5203 January 12, 2016 Page 1 of 2 Section 2. The Mayor is hereby authorized to take such administrative and/or procedural action as may be necessary and/or appropriate to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day ofd.-� �2016. CITY OF AUBURN A it ANCY B US, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 5203 January 12, 2016 Page 2 of 2 Icing County Department Of Natural Resources And Parks Water And Land Resources Division Open Space Acquisitions Unit Attention: Pat Ross MS — KSC-NR-600 201 SOUTH JACKSON, SUITE 600 Seattle, WA 98104-1614 (206) 296-8337 (206) 296-0192 FAX InterloCALL"00 it -ion reement Betwetp K jng_C,Qqnt y Qp2e,nSMAt qe_Agguisifio�nPr�o'ec�ts October 7, 2005 Department: DNRP/NVLRD Open Space Acquisitions Section Unit Patties City of Auburn and King County Project: Conservation Futures opportunity for the suburban cities to respond and receipt by the committee of requests for funding, all pursuant to Ordinance 8867, as amended by Ordinance 14714, The King County Council, by Ordinance 14797, has approved the recornmendation for the allocation of Conservation Futures Levy Rinds to specific suburban city projects, By Ordinance 15140 the King County Council authorized King County to execute an interlocal cooperation agreement with the City necessary for the disbursement of conservation futures tax levy Rinds for the Western Street Habitat open space acquisition project (Project). Pursuant to King County Ordinances 8867, 9128, 14714, Washington Statute Chapter 84.34 RCW and Washington Statute Chapter 39,34, the parties agree to follows: Article 11. Definitions 1. Open Space I'lie term "open space" or "open space land" means: (a) any land area so designated by an official comprehensive land use plan adopted by any 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, or (ii) protect streams or water supply; or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife reserves, natural reservations or sanctuaries or other open space, or (v) enhance recreational activities, or (vi) preserve 'historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land of not less than one 2 CIT Interlocal Auburn -- King County 2004 Proceeds Article 111. Purpose of the A eemertt The purpose of this agreement is to create a cooperative arrangement between the City and the County relating to the Projects and to define the terms and conditions governing both parties' obligations created by this agreement. Article N. Term of Agreement This agreement shall be continued in full force and effect and binding upon the parties hereto upon execution of the agreement by both parties. The terms of the agreement shall be indefinite. The agreement will be terminated if the City is unable or unwilling: 1) to expend the funds provided through this agreement; 2) to satisfy the matching requirements contained in this agreement; and 3) upon reirribursement 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. Article V. Conditions of Agreement Section 5.1 -- Project Descriptions. Funds available pursuant to this agreement may be used only for the Projects listed in Attachment A, which is incorporated herein by reference, or such. substituted Projects as may be approved by the County as set forth below. All County funded Projects rnust meet open space criteria as described in ling County 4 UT Interlocal Auburn ._ King County 2004 Proceeds Section 5.4 -- Eminent Domain. If any Project requires the exercise of eminent domain to acquire the property all funds provided pursuant to this agreement plus accrued interest on such funds shall be reprogrammed as provided in this agreement or repaid to the County. .Article VI, Responsibilities of the City Section 6.1 -- Matching Requirements, 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 the amount of Conservation Futures Levy funds allocated to the Project, This contribution may be in the form of cash., land trades with a valuation verified by an appraisal conducted by a MIA certified appraiser, or credits for other qualifying open space acquired on or after January 1, 1959. Any City match, other than cash, shall require County approval. County approval and County acceptance of the City's thatch will be transmitted in writing to the City by the County's Manager of Open Space & Resource Lands or their successor in functions, If the Project involves two or more suburban cities, those cities shall determine the allocation of the contributions to the matching requirements of this agreement, so long as the total match is no less than the amount of Conservation Futures Levy funds provided by the County, Stich matching contribution must be available within two years of the City's application for County funds to support Projects identified herein orapprovedsubstitute Projects. 6 C.FT'Interlocal Axtburn _. King County 2004 Proceeds Following acquisition of the property and expenditure of all funds provided pursuant to this agreement, the City shall provide the County with a final report, within 90 days of the end of the calendar year in which all Rinds were expended. Said report shall contain a summary of all project expenditures, a description of the project status and accomplishments and other relevant inforn-lation requested by the County for the purpose of verifying compliance with this agreement, The City shall also provide the County, within 90 days of the end of each calendar, an annual report which specifies any change in the status of the Project during the prior year and any change in the status of the Project which the City Reasonably anticipates during the ensuing year. Such reports shall be required only if a change has taken place or is anticipated, except as provided above for ongoing and final project reports. All such reports shall be submitted to the County's Department of Natural Resources, Open Space & Resource Lands, or its successor. Section 6.4 -- Disposition of Remaining Funds. If the City does not expend all .funds provided through this agreernent and no substitute project is requested or approved as to the excess funds, such Rinds shall be refunded to the County. For purposes of this section, "funds" shall include all moneys provided by the county plus interest accrued by the City on such moneys. Section 6.5 Maintenance in Perpetuity, The City, and any successor in interest, agree to maintain Properties acquired with funds provided pursuant to this agreement as open space in perpetuity. If the City changes the status or use of properties acquired with 8 UTIntorlocal Aubum — King County 2004 Proceeds by reason of this agreement. The City shall protect, indemnify and save harmless the County, its officers, agents and employees from any and all claims, cost and whatsoever occurring or resulting from.: 1) the City's failure to pay any compensation, fees, wages, benefits or taxes; and 2) the supplying to the City of works services, materials or supplies by City employees or agents or other contractors or suppliers in comiection with or in support of performance of this agreement. B. The City further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception, which occurs due to the negligent or intentional acts of this agreement by the City, its officer, employees, agent or representatives. C. The City shall protect, indemnify and save harmless the County from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the City, its officers, employees or agents. For purpose of this agreement only, the City agrees to waive the immunity granted it for industrial insurance claims pursuant to Washington Statute Chapter 51 to the, extent necessary to extend its obligations under this paragraph to any claim, demand, or cause of action brought by or on behalf of any employee, including judgments, awards and costs arising therefrom including attomey's fees. Section 8.2 -- Amendment. The parties reserve the right to amend or modify this agreement. Such amendments or modifications must be by written instrument signed by the parties and approved by the respective City and County Councils. 10 C1 TIntertocal Auburn -- Tang County 1..004 Proceeds IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces put forth below: KING COUNTY Ron Sims King County Executive T�_ ,-G-1 --QFALJj3LJRN, ... ......... Mayor Date: /0 Date: AUG 15 2005 Acting under tie authority of Ordinance 15140 Approved as to form: AZ Fill ale[ -Ig A. King County Prosecuting Attorney 12 CPT Interlocal Auburn — King County 2004 Proceeds Approved -as to 66-ip-:, f "I Auburn City Attorney AMENDMENT TO THE CONSERVATION FUTURES INTERLOCAL COOPERATION AGREEMENT BETWEEN KING COUNTY AND THE CITY OF AUBURN FOR OPEN SPACE ACQUISITION PROJECTS Preamble The King County Council, through Ordinance 9128, has established a Conservation Futures Levy Fund and appropriated proceeds to King County, the City of Seattle and certain suburban cities. This amendment is entered into to provide for the allocation of additional funds made available for open space acquisition. 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 3rd day of October, 2005, as previously amended. The parties agree to the following amendments: Amendment 1: Article 1. Recitals A paragraph is hereby added to the Recitals Section to provide for Conservation Futures Levy Fund allocations for the Les Gove Park Expansion acquisition Project, and hereafter reads: • On December 9, 2013 the King County Council passed Ordinance 17707, which appropriated a total of Three Hundred and Twenty -Five thousand dollars ($325,000) in Conservation Futures Levy proceeds to the City of Auburn for the Les Gove Park Expansion acquisition Project. On April 28, 2014 the King County Council passed Ordinance 17795, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds appropriated in Ordinance 17707. On July 28, 2014, the King County Council passed Ordinance 17855, which appropriated a total of One Hundred Thousand Dollars ($100,000) in Conservation Futures Levy proceeds to the City of Auburn for the Les Gove Park Expansion acquisition Project. On December 15, 2014, the King County Council passed Ordinance 17957, authorizing the King County Executive to enter into interlocal agreements with the City of Seattle and the suburban cities for the disbursement of Conservation Futures Funds appropriated in Ordinance 17855. Amendment D CFT Interlocal Auburn — King County 2014 & 2015 CFT proceeds This document shall be attached to the existing Interlocal Cooperation Agreement. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set forth below: KING COUNTY Dow Constantine King County Executive Date: Acting under the authority of Ordinances 17795, 17957 and 18151 Approved as to form: Dan Satterberg King County Prosecuting Attorney Amendment D CFT Interlocal Auburn — King County 2014 & 2015 CFT proceeds CITY OF AUBURN Mayor Date FEB2016 Acting under the authority of Approved as to form: City Attorney CITY OF tJBURN WASHINGTON February 4, 2016 Nancy Backus, Mayor 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 David Tiemann Department of Natural Resources and Parks 201 South Jackson Street, Suite 600 Seattle WA 98104-3855 RE: AMENDMENT TO CONSERVATION FUTURES INTERLOCAL AGREEMENT OPEN SPACE ACQUISITIONS PROJECT Dear Mr. Tiemann: On February 1, 2016, the Auburn City Council adopted Resolution No. 5203 authorizing an amendment to the Conservation Futures Interlocal Cooperation Agreement between King County and the City of Auburn for Open Space Acquisition Projects. Enclosed are three originals of the amendment executed by the City. Please return one fully signed original to the Auburn City Clerk, 25 West Main Street, Auburn, WA, 98001. Thank you very much for your assistance. If you have any questions, please contact me at 253-931-3037. Sincerely, Danielle Daskam City Clerk Encs AUBURN* MORE THAN YOU IMAGINED