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File #: AM No. 22-137   
Type: Consent Item Status: Passed
File created: 8/22/2022 In control: City Council
On agenda: 9/20/2022 Final action: 9/20/2022
Title: Approval of Keller Farm Mitigation Banker Contract Changes
Attachments: 1. Agenda Memo, 2. Attachment A: Existing Consultant Services Agreement with Habitat Bank Showing Proposed Changes
TO: Members of the City Council
FROM: Mayor Angela Birney
DEPARTMENT DIRECTOR CONTACT(S):
Planning and Community Development
Carol Helland
425-556-2107

DEPARTMENT STAFF:
Planning and Community Development
Cathy Beam, AICP
Principal Planner


TITLE:
title
Approval of Keller Farm Mitigation Banker Contract Changes


OVERVIEW STATEMENT:
recommendation
The City executed a Consulting Services Agreement with Habitat Bank, LLC in January 2015, for design, establishment, development, operation, and management of a wetland mitigation bank on the former Keller Farm. Minor changes are proposed to the Agreement for consistency with the official Mitigation Banking Instrument (MBI).
body

? Additional Background Information/Description of Proposal Attached

REQUESTED ACTION:

? Receive Information ? Provide Direction ? Approve


REQUEST RATIONALE:

* Relevant Plans/Policies:
N/A
* Required:
N/A
* Council Request:
N/A
* Other Key Facts:
Habitat Bank has changed the name on the official Mitigation Banking Instrument to "Keller Farm Mitigation Partners, LLC" strictly for business purposes. It does not affect the management or operation of the bank. The name change on the contract would provide consistency with the Mitigation Banking Instrument, which is the legally binding document approved and executed by the US Army Corps of Engineers, the Washington State Department of Ecology, and the City of Redmond.

Section 4 of the Consulting Services Agreement, Schedule - Term of Agreement, has a time specified when the agreement will no longer be in effect. It states, "This Agreement shall continue in effect thereafter until (a) that date which is ten years after construction of the Certified Wetland Mitigation Bank is completed, i.e., that date on which the ten-year operational life of the Certified Wetland Mitigation Bank is competed, or (b) twelve years from the date this agreement is executed by both parties, whichever is sooner." Because of the time it took to g...

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