HomeMy WebLinkAbout2041RESOLUTION NO. 2O4T
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 Ruth
Property for Clark Lake Park (Project #22-L478A),
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 Ruth Property for Clark Lake Park
(Project #22-L478A).
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 CIry COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Recreation & Conseruation Office Grant-
Ruth Property for Clark Lake Park
(Local Parks Category of Washington Wildlife and Recreation Program)
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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 Ruth
Property for Clark Lake Park (Project #22-L478A) ("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:
reement amendments
Authorizing property 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 propefty with
Cou
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. - GrantAgreement. The City has reviewed the sample Grant
Agreement on RCO's website at: https://rco.wa.9ov/wp-
content/uploads/2019/O6lsampleProjAgreement.pdf. The City understands and
acknowledges that if offered an agreement to sign in the future, it will contain
an indemnification and legal venue stipulation and other terms and conditions
Recreation & Conseruation Office Grant-
Ruth Propefty for Clark Lake Park
(Locat Parks Category of Washington Wildlife and Recreation Program)
Bryan Higgins,
Parks Facilities Planning & Development Coordinator
Grant application (submission thereof)
Bryan Higgins,
Parks Facilities Planning & Development Coordinator
Project contact (day-to-day
administering of the grant and
communicatino with RCO)
Dana Ralph, MavorRCO Grant Aqreement (Agreement)
Dana Raloh. Mavor
Dana Ralph, Mayor
Name of Signatory or Title of PersonGrant Document Authorized to
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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 authorized representatives/agents execute agreements with any such
revisions, all terms and conditions of the executed agreements shall be
conclusively deemed to be executed with the City's authorization.
Recreation & Conservation Office Grant-
Ruth Property for Clark Lake Park
(Local Parks Category of Washington Wildlife and Recreation Program)
3
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-L478A includes land acquisition for Clark Lake 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 be immediately made available
to the public unless otherwise provided for in policy, the agreement, or
authorized in writing by the Office's Director.
Recreation & Conservation Office Grant-
Ruth Property for Clark Lake Park
(Local Parks Category of Washington Wildlife and Recreation Program)
4
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 Kent City Clerk at 220 Fourth Avenue South, Kent, WA'
DANA RALPH, MA
April t9,2O22
Date Approved
KIMBERLEY A MOTO, CIry
P AS TO FORM:
WHITE, ACTING CIry ATTORNEY
April L9,2022
Date Adopted
Recreation & Conservation Office Grant-
Ruth Property for Clark Lake Park
(Locat Parks Category of Washington Wildlife and Recreation Program)
J
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