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HomeMy WebLinkAbout2042RESOLUTION NO. 2042 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-L479A), 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 Land and Water Conservation 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 #22-1479A). 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: Recreation & Conservation Office Grant- Ruth Property for Clark Lake Park (Land and Water Consevation Prcgram) 1 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-L479A) ("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: 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.govlwp- content/uploads/2oL9/06/sampleProjAgreement.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 substantially in the form contained in the sample agreement and that such terms Recreation & Conseruation Office Grant- Ruth Property for Clark Lake Park (Land and Water ConseNation Prcgram) Bryan Higgins, Parks Facilities Planninq & Development Coordinator Grant application (submission thereof) Bryan Higgins, Parks Facilities Planning & Development Coordinator Project contact (day-to-day administering of the grant and communicating with RCO) Dana RalRCO Grant Aqreement (Agreement) Dana RalAqreement amendments Dana Ralph, MayorAuthorizing 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 property with Kinq County Name of Signatory or Title of PersonGrant Document Authorized to 2 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 (Land and water Conseruation Prcgram) 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-L479A 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 (Land and water ConseNation 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, April L9,2O22 Date Approved KIMBERLEY OMOTO, CITY C AS TO FORM: ACTING CITY ATTORNEY Aoril 19. 2022 Date Adopted Recreation & Conserwation Office Grant- Ruth ProPertY for Clark Lake Park (Land and Water ConseNation Prcgram) i'i ,,'r r .".,\.f ",,.:.. 5