CON0000158 - 6/15/2005 - Interlocal Agreement Conservation Futures funding ��,, CONTRACTS & AGREEMENTS (RecordNoiceUse Only)
City of �T.-_
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managed by the City Clerk's Office.
• RES No. 16-009, contract and agreement thresholds- authorizes Mayor/designee to enter into/execute the following contracts/
agreements without individual approval of each contract/agreement by City Council:
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engineering, legal, and consulting services involving a cost or fee of less than $50,000.
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*** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED ***
City Staff Contact(Responsible) Staff Contact Phone# Staff Contact Title
Jerry Acheson 4490 Parks & Rec Director
Contracting Agency\Party Contracting Agency Contact Contact Phone or Email
Clark County Conservation Futures Program Manager 360.397.6118
City Department/Division Dept.Admin Assistant Additional Contact Information
Parks & Recreation Ronda Syverson Ronda ext. 4256
Type of ❑Construction/Small Works Project No Additional Contract Information(key words, other agency-related,
Contract ❑Consultant/Professional Services ordinance, amendment no.to original contract dated)
Lower Washougal River Greenway and Lower Lacamas
❑Contract for Services Lake
El Grant
®Interlocal Agreement (ILA) Recording Number& If Council Approval Required(see limits above), provide date of
El Franchise Agreement Date Council approval: 6/1512005 RES No.
❑Development Agreement
Budget Funded Account#320-00-594-530-61
❑Amendment/Supplement to
Contract No. OR
❑Other(explain) Other Funding Source:
Contract Start Date Expiration Date Contract/Project Terms of Renewal or Termination&Extensions
6/15/2005 12/31/2006 Completion Date (REQUIRED)Termination
12/31/2006
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Disposition Authority#(DAN)(REQUIRED) Records Series Title Retention/Dispo- Event Cut-off&Date
GS55-05A-06 Rev. 1 2.1 Acquisition/Ownership sition Action after disposition of
10 years property
Designation/Remarks Comments
Essential xx
Archival-Appraisal Req'd ❑ Archival-Permanent Property acquisition
7 Non-Archival, Destroy After Retention Met ❑ Confidential
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.'a X
CLARK COUNTY
STAFF REPORT
DEPT/DIVISION: Public Works/Vancouver-Clark Parks and Recreation
DATE: June 20, 2005
REQUEST: The Board of County Commissioners approve and sign the Interlocal
Agreement with the City of Camas for Conservation Futures funding of
two acquisition projects.
BACKGROUND: In December 2004, the Clark County Board of Commissioners approved a
list of 12 Conservation Futures Projects for acquisition utilizing $6.3 million in bond revenue
(resolution 2004-12-20). Two of the twelve approved projects are sponsored by the City of
Camas. The Lower Washougal River Greenway project involves the acquisition of 47 acres and
the expenditure of $310,000. The Lower Lacamas project involves the acquisition of 195-250
acres and the expenditure of 1,090,000.
In order to establish and ensure a clear understanding of acquisition procedures and sponsor
responsibilities, the county has typically entered into an interlocal agreement with each project
sponsor. The agreement helps to clarify the county's expectations in exchange for project
funding. The City of Camas has reviewed, approved and signed the agreement (attached) and
it is requested that the Board of County Commissioners execute the agreement. As is standard,
the agreement includes a Deed of Right which will require that the subject properties be
conserved in perpetuity.
COMMUNITY OUTREACH: The subject acquisition projects were considered by the Board at
an advertised work session conducted on December 8, 2004. Approval of the projects, for
acquisition with conservation futures funding, was finalized on the Board's Consent Agenda, as
part of the December 14, 2004 advertised public meeting.
ACTION REQUESTED: It is requested that the Board of County Commissioners execute the
attached interlocal agreement with the City of Camas.
BUDGET IMPLICATIONS: Project funding of $1,400,000 (total) is available and is within the
projected budget for this acquisition project.
POLICY IMPLICATIONS: This request is consistent with previous Board actions regarding
approved conservation futures acquisition projects; and will allow the projects to move forward
toward due diligence d acqui ition.
APPROVED: (4m..e. 44J, 4
David Judd, Director CLARK COUNTY, WASHINGTON
Vancouver-Clark PV s and Recreation BOARD OF COMMISSIONERS
(6z� Ci�b_Ll
Peter Capell, P.E.
Director of Public Works/County Engineer
Attachment: Interlocal Agreement with City of Camas
P VJS-c�g -
INTERLOCAL AGREEMENT FOR
CONSERVATION FUTURES FUNDING
A.01 PURPOSE
This Interlocal Agreement sets forth the terms and conditions by which Clark County,
Washington, shall provide funds from its Conservation Futures Account,pursuant to RCW
84.3 4.210 and Chapter 3.24 of the Clark County Code,to the City of Camas, hereinafter
identified as the Contracting Party,for the purpose of acquiring fee simple or lesser interest in
open space, farm land, or timber land,as such are defined in RCW 84.34.020.
A.02 AUTHORITY
This Interlocal Agreement by and between Clark County, Washington, and the Contracting Party
is authorized by Chapter 39.34 of the Revised Code of Washington,which permits a
governmental unit to contract for the use of land for park purposes by private negotiation with
consent from the Board of County Commissioners. In addition,this Agreement is further
ed-by-RC-W--84 4,for-theTreservation and-continued-availabilit of-open-space-lands---- - -
to assure the use and enjoyment of natural resources and scenic beauty for the benefit of all
citizens.
A.03 PROJECT DESCRIPTION
The Contracting Party's application to Clark County is part of this Agreement and is
incorporated by this reference. The Application is the Contracting Parry's notification of its
intent and commitment to implement and manage the following two projects in conformance
with local and state goals and objectives. The projects are described as: (a)Lower Washougal
River Greenway; and(b)Lower Lacamas Lake. Specific legal descriptions of each project are to
be attached to the Deeds of R_,ght,to be filed and recorded herewith.
A.04 FUNDING OF PROJECT
The total cost of the property to be acquired under terms of this Agreement is estimated by the
Contracting Party to be$310,000 for the Lower Washougal River Greenway Project and
$1,090,000 for the Lower Lacamas Lake Project.
Clark County agrees to pay a total of$310,000, or 56.3 percent of the total estimated project
cost, or the same percentage of fair market value, whichever is less for the Lower Washougal
River Greenwgy Project. Clark County also agree to pay a total of$1,090,000, or 100 percent of
the total estimated project cost, or the same percentage of fair market value whichever is less for
the Lower Lacamas Lake Project.
Fair market value shall be determined utilizing professional appraisal procedures as set forth in
the Conservation Futures Acquisition Manual. The cost of the appraisal and related
administrative costs as outlined in the Acquisition Manual shall be paid by the County.
In the event fair market value exceeds the Contracting Party's estimated project cost,the Board
of County Commissioners, at its discretion,may increase the approved funding allocation to
cover fair market value of the property to be acquired. A written request to this effect should be
submitted by the Contracting Party to the Conservation Futures Program Manager,acting as
program staff for the Board of Commissioners. The request shall include a copy of the appraisal
report and appraisal review. The program manager shall notify the Contracting Party of the
Board's decision within thirty(30)days of the receipt of the request, or as soon thereafter as is
practicable.In the event the Board of Commissioners does not agree to increase the approved
funding allocation,there shall be no obligation by Clark County to fund the project beyond the
originally designated amount.
A.05 STATEMENT OF DIFFERENCE IN VALUE
If the properties are to be purchased for less than the approved fair market value, a letter from the
seller must be submitted that acknowledges that the seller was aware of the approved fair market
value and that the seller's decision to sell at less than fair market value was made of his/her own
free will.
A.06 REAL PROPERTY ACQUISITION PROCEDURES
The Contracting Parry agrees to comply with the terms and intent of the Conservation Futures
Acquisition Manual, Clark County Code Chapter 3.24, and RCW Chapter 84.34, as now or may
be amended,to the extent such amendment is applicable under the law.
The Contracting Party shall designate an"Acquisition Specialist"to assist Clark County with the
acquisition of the subject properties. A list of this individual's qualifications and credentials
relating to real property acquisition shall be provided to the Conservation Futures Program
Manager, or his designee,to assure the designated acquisition specialist is qualified to
participate. If the Contracting Parry wishes Clark County to manage all acquisition procedures, it
shall so notify the Conservation Futures Program Manager.
A.07 CONTINGENCIES
The duty of Clark County to pay out funds under this contract depends on:
A. Strict compliance by the Contracting Parry with the terms of this contract, and
B. The availability of funds in Clark County's Conservation Futures Account.
A.08 ACQUISITION PERIOD
The Contracting Party shall have two years from notification of funding approval by the Board
of Clark County Commissioners to complete the acquisition project, as described in the
Contracting party's attached Project Application. The term of the Projects shall run from January
1, 2005 to December 31, 2006.
The Board of County Commissioners may extend the acquisition period at its discretion. To
secure an extension,the Contracting Party shall send written notice to the Conservation Futures
Program Manager, acting as program staff for the Board of Commissioners, at least thirty(30)
days prior to the end of the acquisition period. The notice shall state the need for an extension
and explain the reasons for the request. The program manager shall notify the Contracting Party
of the Board's decision within thirty days of receipt of the request, or as soon thereafter as is
practicable.
Any project that has not been substantially completed within the acquisition period, and for
which no extension has been granted, shall be considered withdrawn and allocated funds shall
become available for other projects upon reimbursement to the Contracting Parry for all
expended costs incurred during the acquisition period.
The Contracting Party agrees to notify the Conservation Futures Program Manager of any
circumstances or events during the acquisition period(such as an owner indicating he is no
longer a willing seller)which will cause the termination of efforts to acquire the subject
properties.
The Contracting Party, on forms provided,will advise Clark County at least once every three
months of their progress, upon reimbursement to the Contracting Parry for all reasonable and
appropriate expended costs incurred during the acquisition period.
The program staff shall review all easements,restrictions, and other encumbrances that appear in
the preliminary title insurance policy to assure that they do not impact,to an excessively negative
degree,the Conservation Futures purposes for which the land is to be acquired. Clark County
will not release funds for land purchases until this requirement is met.
A.09 DURATION OF INTERLOCAL AGREEMENT
This Interlocal Agreement shall remain in effect in perpetuity, except as otherwise provided for
in the"Acquisition Period" section of this Agreement.
A.10 RELATIONSHIP OF PARTIES
The Clark County Board of Commissioners imposed the Conservation Futures levy to provide a
reliable and predictable funding source to help acquire interest in open space, farm land,timber
land, and certain classifications of park property. The two projects described herein,however,
are the sole projects of the Contracting Party and not Clark County. The purpose of this
Agreement is to provide the Contracting Party monetary assistance which will enable it to
complete the Projects described herein. Clark County will not acquire any ownership interest in
the subject properties by virtue of this Agreement,nor will Clark County assume any
responsibility for improving or managing the properties.
The Contracting Party shall be solely responsible for the management of the Projects within the
terms and conditions of this Agreement and all applicable law. Furthermore, Clark County shall
not be deemed a party to any contract between the Contracting Party and any third party by
reason of having entered into this Agreement.
A.I I OTHER ORGANIZATIONS
No separate legal or administrative entity shall be created by this Agreement.
A.12 PERFORMANCE
The Contracting Party agrees to manage the subject properties in a manner consistent with the
legislative declarations and objectives set forth in RCW Chapter 84.34. and Chapter 3.24 of the
Clark County Code. Moreover, the Contracting Party recognizes that boards of county
commissioners are the only legislative authority empowered to impose the Conservation Futures
levy and that the Board of Clark County Commissioners,having done so, has the responsibility
to assure proper use and administration of the Conservation Futures Fund and has a
corresponding interest in the management of all properties acquired with the fund. Therefore the
Contracting Parry shall operate and maintain the subject properties as follows:
A. The properties and any improvements to the properties shall be kept safe and clean; and
B. The Contracting Parry shall make reasonable efforts to control nonconforming uses, including
but not limited to hunting or poaching in wildlife preserves and sanctuaries; and
C. Sanitation and sanitary facilities shall be maintained in accordance with applicable state and
local public health standards; and
D. The Contracting Party shall submit to the Conservation Futures Program Manager any plans
for improving the subject properties to assure federal, state, and local compliance. This does not
apply to routine maintenance. Improvements that may be allowed under terms of the statute,the
plans for which, in any event, should be submitted to the Program Manager, include but are not
limited to picnic tables, viewpoints,rest areas, docks,benches,boat launches,restrooms,
accessory structures, retaining walls requiring engineering, and parking lots. Work shall not
commence without written approval from the Conservation Futures Program Manager. Though
Clark County shall be given the opportunity to review plans for improvements,this should not be
construed to mean that Clark County shall participate in the funding of improvements; and
E. The Contracting Party shall submit to the Conservation Futures Program Manager any
proposals for lease-back agreements, as provided in RCW 84.34.210, easements,rights-of-way,
or other conditions or restrictions which limit the use of or alter the character of the subject
properties. Any such proposal shall be reviewed for statutory compliance and consistency with
proposed plans and uses as stated in the Contracting Party's grant application at the time of
funding approval at the sole discretion of Clark County. The Contracting Party shall not
consummate any such proposal without advance written consent of the Conservation Futures
Program Manager; and
F. The properties shall be kept open for public use at reasonable hours and times of year. Clark
County recognizes, however,that appropriate hours may vary considerably depending on the
type of interest that has been acquired, and the existence of leaseback or other agreements that
might properly limit public access; and
G. The properties shall be open for the use of all segments of the public without restriction
because of the race, creed, color, sex,religion,national origin or residence of the user; and
H. Roads,trails,tables, benches, and other improvements shall be kept in reasonable repair
throughout their estimated lifetime, so as to prevent undue deterioration that would discourage
public use; and
I. The Contracting Party shall operate and maintain the facilities in accordance with all
applicable federal, state, and local laws and regulations; and
J. The Contracting Parry shall execute and record a Deed of Right(attached) at the time of
property acquisition to guarantee that the restrictions imposed by Conservation Futures Program
funding are in the chain of title to the subject properties.
A.13 USER FEES AND CHARGES
User or other types of fees may be charged in connection with areas that are the subject matter of
this Agreement,provided that the fees and charges are commensurate with the value of
recreation services or opportunities furnished and are within the prevailing range of public fees
and charges within the state for the particular activity involved.
A.14 CONVERSION
The Contracting Party for and in consideration of monies coming in whole or in part from Clark
County's Conservation Futures Fund, shall dedicate the properties to be acquired under terms of
this Agreement in perpetuity for the public's use and enjoyment and to promote the purposes of
Conservation Futures.
The Contracting Party will not make or permit to be made any use of the real properties
described in this Agreement, or any part of it, which is inconsistent with those chapters of the
Clark County Code and Revised Code of Washington that govern the use of Conservation
Futures funds, or any use which is inconsistent with the purposes and improvements as described
in the Contracting Party's grant application at the time of funding approval,unless the Board of
Clark County Commissioners consents to the inconsistent use. Clark County shall approve any
such conversion only upon conditions where the Contracting Party can assure it will acquire
substitute properties which are of equal or greater value at the time of conversion, which,to the
extent feasible, are equivalent in usefulness and location, and which also meet the goals and
objectives of the Conservation Futures Program.
A.15 REMEDIES
In the event the Contracting Parry fails to comply with any or all of its obligations under this
Agreement, specific performance shall be the remedy preferred by Clark County.
The remedy of specific performance shall not be the sole remedy and does not serve to exclude
any and all other remedies available to Clark County. Clark County may choose to exercise any
and all other remedies available together with,or as an alternative to, specific performance,at the
sole option of Clark County.
A.16 REPORTS AND INSPECTIONS
The Contracting Party, in cooperation with the Conservation Futures Program Manager, shall
prepare a final report upon completion of the above described Projects or its early termination for
presentation to the Board of Clark County Commissioners. The report shall include a final
accounting of all expenditures and a description of the work accomplished. If the any of the two
Projects are terminated early,the report shall provide a full explanation of the reasons for not
completing the Project. The Contracting Party also agrees to provide interim status reports during
the acquisition period as may be requested by the Conservation Futures Program Manager.
Property and improvements acquired under terms of this Agreement shall be available for
inspection by the Conservation Futures Program Manager,or his designee,upon request. As a
matter routine, Clark County shall maintain the right to conduct an on-site inspection
approximately once a year to assure that the properties are being operated,maintained, and used
in accordance with this Agreement.
A.17 ASSIGNMENT
This Agreement shall not be assignable in whole or in part by the Contracting Party except with
the express advance written consent of the Board of Clark County Commissioners.
A.18 HOLD HARMLESS
The Contracting Party agrees to defend and hold harmless Clark County, Washington,the Board
of Clark County Commissioners and any employees, officials, agents,or elected officials thereof
from any and all suits at law or equity or claims or demands, or any loss of any nature, including
but not limited to costs and attorneys' fees, suffered,or alleged to be suffered, on the premises,
or arising out of use, improvements, operation, or management of the subject properties and/or
the Projects.
Clark County, Washington and all employees, officials, agents, or elected officials thereof,
agrees to defend and hold harmless the Contracting Party from any and all suits of law or equity
or claims or demands, or any loss of any nature, including, but not limited to, costs and
attorney's fees, suffered, or alleged to be suffered, as a result of any act or omission on the party
of Clark County, Washington, their employees, officials, agents or elected officials, on the
premises.
A.19 NOTICES
Any notices, requests, consents, approvals, and other communications shall be in writing and
shall be deemed to have been sufficiently given for all purposes when delivered by hand,or
within three days of being mailed by U.S. mail first class postage or certified mail,postage
prepaid, addressed as follows:
A.Notice to Clark County
TO: Conservation Futures Program Manager
Vancouver-Clark Parks and Recreation Department
P.O. Box 1995
Vancouver, Washington 98666-1995
B.Notice to the Contracting Party
TO: Lloyd Halverson who serves in the cgpacily as City Manager for the Contracting Party and
who has been designated as the Contracting Party's liaison officer for the purposes of this
Agreement, or to such other officer or address as the Contracting Parry shall have furnished to
the Conservation Futures Program Manager in writing.
Signed by the Contracting Party on this P7 day of2005
CIT CAMAS
By:
Mayor, City of Camas
Signed by Clark County on this �� day of 2005
CLARK COUNTY
y: Be ue Morris, Chair
Board of Clark County Commissioners
APPROVED AS TO FORM ONLY:
ARTHUR D. CURTIS
CLARK COUNTY PROSECUTING ATTORNEY
By: Lori L. Volkman, Deputy Prosecuting Attorney
DEED OF RIGHT
For Public Use of Land
Acquired Under the Clark County
Conservation Futures Program
The Contracting Parry, City of Camas, for and in consideration of monies coming in whole or in
part from the Conservation Futures Account,as established by Chapter 3.24 of the Clark County
Code,and in fulfillment of terms contained in the Agreement identified below, conveys and
grants to Clark County, Washington, individually and as the representative of all the people of
Clark County,the right to use the real property described in Exhibit A, attached hereto and
incorporated herein,forever for those purposes described in RCW 84.34, and the Agreement
signed by the Contracting Party on the day of , and by Clark
County on the day of , and which is entitled:
. A copy of such Agreement is attached hereto as"_Exhibit B"and its
terms are incorporated herein.
The Contracting Party will not make or permit to be made any use of the real property described
in this deed, or any part of it,which is inconsistent with those chapters of the Clark County Code
and Revised Code of Washington that govern the use of Conservation Futures Funds, or any use
which is inconsistent with the purposes and improvements as described in the Contracting
Party's grant application at the time of funding approval, unless the Board of Clark County
Commissioners consents to the inconsistent use. Clark County shall approve any such conversion
only upon conditions where the Contracting Party can assure it will acquire substitute properties
which are of equal or greater value at the time of conversion,which, to the extent feasible, are
equivalent in usefulness and location, and which also meet the goals and objectives of the
Conservation Futures Program. Such consent shall only be valid by written agreement of the
parties, recorded in the land records of Clark County.
All parties to this deed, and all successors,heirs, and assigns, shall be subject to the requirements
of RCW Chapter 84.34, as may be amended,to the extent such amendment is applicable under
the law.
Deed of Right,page I of 2
i w
s
This deed shall in no way modify or extinguish the functions of the Contracting Party under the
terms and conditions set forth in the aforementioned Agreement.
Dated this_L _day of 0 stn ,
CITY OF CAMAS
y: �.�----�----
Mayor, City of Camas
Approved as to Form:
y: Attest:
Deed of Right,page 2 of 2