HomeMy WebLinkAbout2039RESOLUTION NO. 2039
A RESOLUTION of the City Council of the
City of Kent, Washington, that: (1) authorizes the
submission of applications for grant funding
assistance through the Recreation and Conservation
Office to assist with the cost of acquiring the Mendel
Property for Upper Mill Creek Canyon Park (Project
#22-L362A), and (2) identifies the Parks Director
and Mayor, or their designees, ds the City's
authorized representatives for purposes of securing
the grants and binding the City to the grants'terms
and conditions.
RECITALS
A. Under the provisions of the Local Parks category of the
Washington Wildlife and Recreation Program, the City of Kent is seeking
grant assistance through the state Recreation and Conservation Office to aid
the City in financing the cost to acquire the Mendel Property for Upper Mill
Creek Canyon Park (Project #22-13624).
B. The City of Kent considers it in the best public interest to
complete the project described in the application and to seek grant
assistance through the Recreation and Conservation Office to aid in financing
the cost of this project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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Recreation & Consenration Office Grant-
Mendel Property for Upper Mill Creek Canyon
RESOLUTION
SECTION 7, - Intent to Apply. The City has applied for or intends to
apply for funding assistance managed by the Washington State Recreation
and Conservation Office (*RCO') to assist with the cost of acquiring the
Mendel Property for Upper Mill Creek Canyon Park (Project #22-1362A)
("Project").
SECTION 2. - Authorized Representative. The City authorizes the
following persons, or subsequent holders of the positions identified below, to
execute the following documents binding the City of Kent on the above
Project:
Authorizing propefty and real estate
documents (Notice of Grant, Deed of
Right or Assignment of Rights, if
applicable). These are items that are
typically recorded on the property with
Ki Co
The above persons are considered "authorized representatives/agents" for
purposes of the documents indicated. The City shall comply with a request
from RCO to provide documentation of persons who may be authorized to
execute documents related to the grant.
SECTION 3. - Grant Agreement. The City has reviewed the sample Grant
Agreement on RCO's website at: https://rco.wa.gov/wp-
content/uploads/2O19/O6lsampleProjAgreement.pdf. The City understands and
acknowledges that if offered an agreement to sign in the future, it will contain
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Recreation & Conseruation Office Grant-
Mendel Property for Upper Mill Creek Canyon
Bryan Higgins,
Parks Facilities Planninq & Development Coordinator
Grant application (submission thereof)
Project contact (day-to-day
administering of the grant and
communicatinq with RCO)
Bryan Higgins,
Parks Facilities Planning & Development Coordinator
Dana Raloh. MavorRCO Grant Aqreement (Aqreement)
Aqreement amendments Dana Ralph, Mayor
Dana Ralph, Mayor
Grant Document Name of Signatory or Title of Person
Authorized to
an indemnification and legal venue stipulation and other terms and conditions
substantially in the form contained in the sample agreement and that such terms
and conditions of any signed agreement shall be legally binding on the City if its
representative/agent enters into an agreement on the City's behalf. RCO will
reserve the right to revise the agreement prior to execution.
SECTION 4. - Legal Authority. The City acknowledges and warrants,
after conferring with its legal counsel, that its authorized representatives/agents
identified above have full legal authority to act and sign on behalf of the City for
their assigned role/document,
SECTION 5, - Contingent Funding. Grant assistance is contingent on
a signed agreement. Entering into any agreement with RCO is purely
voluntary on the City's part.
SECTION 6, - Varying Policies and Requirements. The City
understands that grant policies and requirements vary depending on the
grant program applied to, the grant program and source of funding in the
agreement, the characteristics of the project, and the characteristics of the
City.
SECTION 7, - Revisions to Agreement. The City further understands
that prior to its authorized representatives/agents executing any of the
documents listed above, RCO may make revisions to its sample agreement
and that such revisions could include the indemnification and the legal venue
stipulations. The City accepts the legal obligation that it shall, prior to
execution of any agreement, confer with its authorized
representatives/agents as to any revisions to the project agreement from
that of the sample agreement. The City also acknowledges and accepts that
if its auth orized representatives/agents execute agreements with any such
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Recreation & Conservation Office Grant'
Mendel Property for Upper Mill Creek Canyon
revisions, all terms and conditions of the executed agreements shall be
conclusively deemed to be executed with the City's authorization.
SECTION 8. - Allowable Costs. Any grant assistance received will be
used for only direct eligible and allowable costs that are reasonable and
necessary to implement the project(s) referenced above.
SECTION 9. -Matching Funds Availability. If match is required for the
grant, the City understands it must certify the availability of match at least
one month before funding approval. In addition, the City understands it is
responsible for supporting all non-cash matching share commitments to the
Project should they not materialize.
SECTION 70. - Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by RCO, RCO will pay the City on only a
reimbursement basis. The City understands reimbursement basis means that
the City will only request payment from RCO after the City incurs grant
eligible and allowable costs and pays them. RCO may also determine an
amount of retainage and hold that amount until all project deliverables, grant
reports, or other responsibilities are complete.
SECTION 77. - Property Dedication for Land Acquisitions. Project
#22-13624 includes land acquisition for Upper Mill Creek Canyon Park. As a
result, the City acknowledges that any property acquired with grant
assistance must be dedicated for purposes of the grant in perpetuity unless
otherwise agreed to in writing by the City and RCO. For that project, the City
agrees to dedicate the property in a signed "Deed of Right" for fee
acquisitions, or an "Assignment of Rights" for other than fee acquisitions,
which documents will be based upon RCO's standard versions of those
documents, to be recorded on the title of the property with the county
auditor. The City acknowledges that any property acquired in fee title must
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Recreation & Conservation Office Grant-
Mendel Property for Upper Mill Creek Canyon
be immediately made available to the public unless otherwise provided for in
policy, the agreement, or authorized in writing by the Office's Director.
SECTION 72. - Resolution a Part of Application. This resolution is
deemed to be part of the formal grant application to RCO'
SECTION 73, - Certification The City warrants and certifies that this
resolution was properly and lawfully adopted following the requirements of
the City and applicable laws and policies, and that the City has full legal
authority to commit itself to the warranties, certifications, promises and
obligations set forth herein.
SECTION 74. - Effective Date and Approval. This resolution will take
effect immediately, and is signed and approved by the Mayor through a
majority vote of the City Council for the City of Kent. A copy of this resolution
is on file with the Clerk at 220 Fourth Avenue South, Kent, WA
DANA RALPH,
April t9,2O22
Date Approved
ATTE
KIMBERLEY A MOTO, CITY C
April 19,2022
Date Adopted
AS TO FORM:
HITE, ACTING CIry ATTORNEY
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Recreation & Conservation Office Grant-
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TAM