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CAG-09-005
KING COUNTY& CITY OF RENTON
SPECIAL PROPERTY TAX LEVY AGREEMENT
This Special Property Tax Levy Agreement(the"Agreement") is made and entered into
as ofiauyt,4 , 200 flby and between KING COUNTY, a political subdivision of the
state of Washington(the"County") and the City of RENTON , 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 of regional parks and open spaces and over one hundred seventy-five
(175)miles of regional trails. In addition, the County is the provider of local parks in the
rural area 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 County Executive and County Council,the 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,if any, 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 property
tax lid lift to expand park and recreation opportunities, one cent of the five-cent
acquisition levy proceeds be distributed to cities for acquisition and development of open
space and natural lands and city trail projects that support connections to the regional trail
system, defined to include both county regional trails and city trails that are regional in
nature, 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 RCW 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.04.321 to consider the Special
Property Tax Levy; and
WHEREAS, on August 21, 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 the 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
financial accounting 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 Renton , 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 development of county regional trails or City trails
that are regional in nature, and may specifically include local trails in
underserved areas linking to city or county trails that connect to regional
trails,consistent with Ordinance 15760.
1.5 "County" 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
Zoo levy lid lift approved by the County voters on August 21, 2007.
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1.8 "County Levy Proceeds" shall mean the principal amount raised by the
County Levy, 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 8435.050,
from the City's actual operating expenditures for the calendar year 2007
used to fund City 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 off-road, shared-use paths, trails, or greenways for recreation
and regional mobility.
2. Term of Agreement. The term of this Agreement(the"Term") shall be for a period
commencing on the Effective Date(the"Commencement Date"), and expiring on
December 31,2014(the"Termination Date").
3. Receipt of County Levy Proceeds.
3.1 Generally. The County shall distribute the City's proportionate share of the
City Proceeds to the City pursuant to the schedule identified in Section 3.2
below;provided that, the County shall only have a duty to distribute the City
Proceeds in accordance with the requirements of King County Ordinance
15760.
3.2 Receipt and Distribution of Levy Proceeds.
3.2.1 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.
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4.1 Use of County Levy Proceeds. On or before May 1 of each year throughout
the Term of this Agreement, the City shall provide the County with a copy
of the Annual Report 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
City Proceeds received by the City shall be used only for specific City
Projects as defined in this Agreement and that such funds shall not be used
to supplant Existing Funding. The City represents and warrants that all City
Projects shall be consistent with the 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
City Projects an amount equal to the City's Existing Funds.
5. Title to Improvements. All appurtenances, fixtures, improvements, equipment,
additions and other property attached to or installed in the Premises during the Term
shall be and remain the properties of City and shall not be deemed property of the
County under any circumstances.
6. 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, or at such other address as shall be provided by written notice. Notice shall
be deemed communicated two City business days from the time of mailing if
mailed as provided in this section. For convenience of the parties, copies of notices
may also be given be other means; however,neither party may give official or
binding notice except by personal delivery or by certified mail.
If to the City:
Leslie Betlach, Parks Director
City of Renton
1055 South Grady Way
Renton, WA 98057
Phone: 425-430-6619
lbetlach@rentonwa.gov
If to King County:
Kevin Brown, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson, Suite 700
Seattle, WA 98104
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7.1 Compliance with Laws. The City shall comply and conform with all applicable
laws and all governmental regulations, rules and orders.
7.2 CityAgreementRepay.to R pay. The City agrees that it is financially responsible for and
shall repay King County all indicated amounts following an audit exception that
occurs due to the negligence, intentional act, and/or failure, for any reason, to
comply with the terms of this Agreement by the WPZS, its officers, employees,
agents, 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.
8. Miscellaneous.
8.1 Liability of the County. The County's obligations to the City under this
Agreement shall be limited to the terms and conditions set forth herein.
Notwithstanding any other provision in this Agreement to the contrary, in no
event shall the County 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.
8.2 Dispute Resolution. In the event of a dispute between the City and the
County regarding any term of this Agreement,the parties shall attempt to
resolve the matter informally through the following mechanism: the City
(reps.) or their respective designee(s), shall meet with County(reps) or their
respective 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, either party may submit the matter to a non-
binding, structured mediation procedure fashioned by persons or
organizations experienced in alternative dispute resolution("ADR")
procedures. 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 both parties. The alternative dispute resolution procedures
utilized 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
resolved, an affected party shall be entitled to pursue any legal remedy
available.
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8.3 No Implied Waiver. No failure by either party hereto to insist upon the
strict performance 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 length 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 surrender of this Agreement. No waiver of any
default or the performance of any provision hereof shall affect any other
default or performance, or cover 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
or performance. The consent of either party hereto given in any instance
under 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.
8.4 Headings 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.
8.5 Successors and Assigns. The terms, covenants and conditions contained in
this Agreement shall bind and inure to the benefit of the County and the City
and, except as otherwise provided herein, their personal representatives and
successors and assigns. There are no third party beneficiaries to this
Agreement.
8.6 Agreement made in Washington. This Agreement shall be deemed to be
made in and 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.
8.7 Integrated Agreement; Modification. This Agreement contains all the
agreements of the parties hereto relating to the subject matter addressed
herein, and cannot be amended or modified except by a written agreement
approved by the King County Council and mutually executed between each
of the parties hereto.
8.8 Counterparts. This Agreement be executed in two or more
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counterparts, 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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8.9 Time of Essence. Time is of the essence of each provision of this
Agreement.
9.0 Signage. For each capital project funded with County Levy Proceeds, the
City shall provide a sign including the following language: This project was
funded(or as applicable, funded in part) with proceeds from the Open
Space, Regional Trails, and Woodland Park Zoo levy lid lift approved by
King County voters in August 2007 under an Agreement with King County
Parks and Recreation Division.
DATED this 22lday of )A c ((.4 , Z( uC .
KING COUNTY, a Washington municipal CITY OF RENTON, a Washington
corporation municipal corporation
gisr-
By By
Its j(l . l Its Denis Law, Mayor
By authority of Ordinance No. 15760
Attest: )
Bonnie I . Walton, City Clerk
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