AGENDA Community Services Committee Regular Meeting 4:00 PM - Thursday, April 14, 2016 Council Conference Room, 7th Floor, City Hall 1055 S.

Transcription

1 AGENDA Community Services Committee Regular Meeting 4:00 PM - Thursday, April 14, 2016 Council Conference Room, 7th Floor, City Hall 1055 S. Grady Way 1. Sunset Neighborhood Park Grant Applications Briefing AB Authorizing three grant applications for the Sunset Neighborhood Park Master Plan.

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3 AB City Council Regular Meeting - 18 Apr 2016 SUBJECT/TITLE: Sunset Neighborhood Park (Highlands Neighborhood Park 3), Washington Wildlife and Recreation Program and Land and Water Conservation Fund Grant Applications for Phase II Acquisition and Development RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community Services STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director EXT.: 6619 FISCAL IMPACT: Expenditure Required: $ 96,406 Transfer Amendment: $ N/A Amount Budgeted: $ 193,000 Revenue Generated: $ 2,193,000 Total Project Budget: $ 2,482,406 City Share Total Project: $ 289,406 SUMMARY OF ACTION: The Sunset Neighborhood Park Master Plan was adopted in 2014 and is a component of the Sunset Area Planned Action Final Environmental Impact Statement issued in The Park is also included in the adopted Parks, Recreation and Natural Areas Plan (2011) and is identified as "Highlands Neighborhood Park 3". The park master plan identified two phases of development with Phase I development estimated at $4.5 million (2017 costs) and Phase II development estimated at $2.6 million (2017 costs). The City has been aggressively pursuing outside funding sources and in 2015 the state legislature recommended a $1.7 million Direct Appropriation for Phase I construction. Based upon the available funding, the City revised the phasing to a three-phase park project. The revised Phase I will be under design in April 2016 for $2.37 million construction project in Estimated 2018 Phase II development costs are $2,482,406 and estimated Phase III costs are $1 million. The City is now applying for Phase II acquisition and development grant funding to the state Recreation and Conservation Office for the following: Washington Wildlife and Recreation Program (WWRP) acquisition and development grant ($693,000) Land and Water Conservation Fund (LWCF) acquisition and development grant ($500,000) Washington Wildlife and Recreation Program (WWRP) acquisition grant ($1,000,000) The grant funding sources require a grant match. The City's General Fund is being recommended as the nonstate/non-federal grant match for each individual application in addition to the WWRP and LWCF acquisition and development grants being matched to each other. EXHIBITS: A. Issue Paper B. Phase I Development Plan C. Phase II Development Plan D. Property Assemblage Map E. Draft WWRP Acquisition and Development Resolution

4 F. Draft LWCF Acquisition and Development Resolution G. Draft WWRP Acquisition Resolution STAFF RECOMMENDATION: Adopt the Resolutions authorizing application and identifying the match source for three grant applications to the State Recreation and Conservation Office (RCO).

5 COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE: April 8, 2016 TO: VIA: FROM: STAFF CONTACT: Randy Corman, Council President Members of the City Council Denis Law, Mayor Kelly Beymer, Community Services Administrator Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) SUBJECT: Sunset Neighborhood Park (Highlands Neighborhood Park 3) Washington Wildlife and Recreation Program (WWRP) and Land and Water Conservation Fund (LWCF) Grant Applications for Phase II Acquisition and Development ISSUE: Should the Mayor be authorized to make three formal applications to the state Recreation and Conservation Office for funding assistance with the identified grant matches for Sunset Neighborhood Park? 1. A $693,000 state Washington Wildlife and Recreation Program (WWRP) acquisition and facility development grant for acquiring park parcel 3 and Phase II park development. The grant match will be the City General Fund and the federal Land and Water Conservation Fund grant. 2. A $500,000 federal Land and Water Conservation Fund (LWCF) acquisition and facility development grant for acquiring park parcel 3 and Phase II park development. The grant match will be the City General Fund and the state Washington Wildlife and Recreation Program grant. 3. A $1,000,000 state Washington Wildlife and Recreation Program (WWRP) acquisition grant for acquiring park parcels 1 and 2. The grant match will be the City General Fund. RECOMMENDATION: Adopt the Resolutions authorizing application for funding assistance for a $693,000 WWRP acquisition and facility development grant, a $500,000 LWCF acquisition and facility development grant, and a $1,000,000 Washington Wildlife and Recreation Program acquisition grant. Identify the WWRP and the LWCF acquisition and facility development grants as a match to each other and identify the City of Renton General Fund as the required non-state, non-federal grant match source for each individual application BACKGROUND SUMMARY: In 2010, the City, in partnership with the Renton Housing Authority, completed the Sunset Area Planned Action Environmental Impact Statement (EIS). The NEPA/SEPA FEIS (National Environmental Policy Act/State Environmental Policy Act, Final Environmental Impact Statement FEIS) was issued in April The Preferred Alternative in the EIS report reflected neighborhood growth oriented around h:\parks planning\parks planning & natural resources director\parks\sunset park-new park\rco\issue paper lwcf & wwrp\ mb (wwrp and lwcf grants issue paper 2) doc

6 Randy Corman, Council President Renton City Council Members Page 2 of 4 April 8, 2016 a 2.3 acre park. In 2011, the City of Renton updated and adopted the Parks, Recreation and Natural Areas Plan (November 2011), which also identified a future park for this area, Highlands Neighborhood Park 3: Sunset Park, which is now referred to as Sunset Neighborhood Park. In 2014 the City moved forward on a coordinated Master Site Planning effort that would provide guidance for the construction of the individual elements and phases assessed in the Sunset Planned Action EIS. The process was utilized to addend the 2011 Planned Action EIS to recognize proposed changes to development (density, number of units, height, site plan changes, etc.). The Re-evaluation Addendum was issued in September 2014 and included increased housing around a larger 3.1 acre park. The City began the public outreach and park master plan design process for the future 3.1 acre Sunset Neighborhood Park and on November 3, 2014, the Committee of the Whole adopted the park master plan. The 2014 estimated costs for full park construction was $5.9 million with an escalation to $6.6 million for 2017 construction. The plan also provided costs for two phases of construction. In December 2014, the City acquired two of the three park parcels under a Washington Wildlife and Recreation Program (WWRP) Waiver of Retroactivity issued by the State Recreation and Conservation Office; the Waiver allows the City to acquire property in advance of applying for grant funding. In 2015, the City applied for and received a WWRP and a LWCF Waiver of Retroactivity for the third park parcel, allowing the City to again acquire property in advance of applying for and receiving grant funding (the acquisition for the third parcel will be completed in mid-2016). Also in 2015, the City applied for a $3.6 million state appropriation for the Sunset Neighborhood Park Phase I construction as per the adopted park master plan. The City was recommended for a $1.7 million state legislative appropriation and revised the park phasing to a probable three-phase project based upon available funding. Design for the $2.37 million revised Phase I construction project will begin in April 2016 with construction scheduled to occur in Estimated Phase II acquisition and development costs are $2.5 million and estimated Phase III development costs are $1 million. Grant Application Process For Phase II acquisition and development, the City is proposing to apply for three (3) grants for two (2) projects administered by the state Recreation and Conservation Office (RCO). Preliminary grant applications are due May 2, 2016, with final presentations in August A recommendation from the Recreation and Conservation and Funding Board will be made to the state legislature in November Final legislative action will occur in the Spring of 2017 with grant funding available in the Fall of The three grant applications are for, from two funding sources, are as follows: Parcel 3 Acquisition and Phase II Development Project Grant 1 - Washington Wildlife and Recreation Program acquisition and facility development grant ($693,000) Grant 2 - Land and Water Conservation Fund (LWCF) acquisition and facility development grant ($500,000) The revised Phase II design and construction costs are estimated at $2,289,406 ($298,618 design/$1,990,788 construction) and will include two children s play areas, an adult fitness area, picnic h:\parks planning\parks planning & natural resources director\parks\sunset park-new park\rco\issue paper lwcf & wwrp\ mb (wwrp and lwcf grants issue paper 2) doc

7 Randy Corman, Council President Renton City Council Members Page 3 of 4 April 8, 2016 area, water feature and infrastructure, completing the perimeter walkway, benches, park sign, low level bollard lighting, and landscaping. The third and final park parcel acquisition is valued at $193,000 for a grant project total of $2,482,406. The $2,482,406 is proposed to be partially funded from two grant sources administered by the Washington State Recreation and Conservation Office: $693,000 from the Washington Wildlife and Recreation Program (WWRP) account and $500,000 from the Land and Water Conservation Fund (LWCF). Each funding source requires a fifty percent grant match and because one grant source is federal and one grant source is state, they can be matched to each other. However, a minimum ten percent (10%) non-state/non-federal match is still required. The City is proposing a 52% grant match of $1,289,406 in order to be more competitive in the grant application process and to complete the design and construction for (revised) phase II of a three phase design and construction park project. Should the City receive notification that the WWRP grant and/or the LWCF grant will only be partially funded; the City has the following options: 1. Budget for the difference between the amount being recommended for award and the shortfall. Utilize City funds and certify the proposed new grant match making up the shortfall. Staff will be required to seek Council authorization to certify this new grant match prior to executing a grant agreement with the granting agency (RCO). 2. Elect to not enter into any agreement for partial grant funding. Complete the project at a later date. Incurred design expenses will be out of pocket. Parcels 1 and 2 Acquistion Project Grant 3 - Washington Wildlife and Recreation Program (WWRP) acquisition grant ($1,000,000) Acquisition for park parcels 1 and 2 occurred in 2014 and totaled $2,636,749. The Waiver of Retroactivity allows the City to apply for grant funds after the acquisition has occurred reimbursing project expenditures. The maximum amount for which the City can apply to be reimbursed from the Washington Wildlife and Recreation Program (WWRP) is $1,000,000. A minimum 50% grant match of total acquisition costs (up to a maximum of $1,000,000) is required. A portion of the property (24,000 square feet) contains a regional stormwater facility which is not allowed under the grant guidelines and thereby reduces the grant project to $2,108,749 and the proportional amount of the City s grant match to $1,108,749. The City is still qualified to receive the maximum grant amount of $1,000,000 which can be utilized to offset expenses for Phase II development. If the City receives notification that the WWRP grant will be partially funded, the City has the option to enter into a grant agreement for the reduced amount as the acquisition was completed in 2014; the grant funding is reimbursing prior city expenditures. h:\parks planning\parks planning & natural resources director\parks\sunset park-new park\rco\issue paper lwcf & wwrp\ mb (wwrp and lwcf grants issue paper 2) doc

8 Randy Corman, Council President Renton City Council Members Page 4 of 4 April 8, 2016 GRANT SUMMARY TABLE PROJECT - Parcel 3 Acquisition and Phase II Development (WWRP and LWCF Acquisition and Development Grants 1 and 2) Parcel 3 Acquisition $193,000 (WWRP & LWCF Waiver #15-54) Phase 2 Development $2,289,406 ($1,990,788 Dev., $298,618 Design) TOTAL PROJECT $2,482,406 GRANTS 1 and 2 WWRP - Acquisition/Development $693,000 ($500,000 max/dev., $193,000 Acquisition) LWCF Match $500,000 Local Match $1,289,406 TOTAL PROJECT $2,482,406 LWCF - Acquisition/Development $500,000 (max request) WWRP Match $693,000 Local Match $1,289,406 TOTAL PROJECT $2,482,406 PROJECT - Parcels 1 and 2 Acquisition (WWRP Acquisition Grant 3) Parcels 1 & 2 Acquisition $2,636,749 (WWRP Waiver #14-36) 24,000 sq. ft. stormwater facility $528,000 (Not Allowed) Parcels 1 & 2 Acquisition $2,108,749 (Allowed Acq. Costs under Waiver #14-36) GRANT 3 WWRP - Acquisition $1,000,000 (max request) Local Match $1,108,749 ($1,000,000 req., $108,749 excess match) TOTAL PROJECT $2,108,749 CONCLUSION: Adopting the three Resolutions will authorize the application to the Recreation and Conservation Office (RCO) for funding assistance from the Washington Wildlife and Recreation Program (WWRP) and the Land and Water Conservation Fund (LWCF) to reimburse the City for park property acquisitions completed under Waivers of Retroactivity and to offset Phase II acquisition and development costs for the Sunset Neighborhood Park. If the City is successful and enters into a formal grant agreement to accept funding, a Deed of Right for Recreational Use will be recorded requiring that the Sunset Neighborhood Park property will remain in park use in perpetuity. h:\parks planning\parks planning & natural resources director\parks\sunset park-new park\rco\issue paper lwcf & wwrp\ mb (wwrp and lwcf grants issue paper 2) doc

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11 Glenwo Acquisition Parcel 3 under RCO Waiver #15-54 Har Right of Way Dedication Right of Way Vacation Sunset Neighborhood Park Property Assemblage Sunset Ln NE Parcel 3 NE 10th St I Feet Reference Scale: 1:1,500 Sunset Parcel 1 Parcel 2 S e a ttttlle I-5 T u k w iilla M e rrc e rr IIs lla n d Lake Washington 405 T 167 R e n tto n C kj ed ar R K e n tt ive May Cre r B e lllle v u e N e w c a s ttlle ek I s s a q u a h I s s a q u a h T 169 Ln NE City Owned Property under RCO Waiver #14-36 NE Sunset Blvd Tax parcels City Owned Property Under RCO Waiver #14-36 Acquisition Parcel #3 Under RCO Waiver # Acre Park Boundary R-O-W Vacation-Dedication Dedication Vacation

12 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR WASHINGTON WILDLIFE AND RECREATION PROGRAM ( WWRP ) PROJECTS TO THE RECREATION AND CONSERVATION FUNDING BOARD AS PROVIDED IN CHAPTER 79A.15 AND 79A.25 RCW, WAC 286, AND OTHER APPLICABLE AUTHORITIES (SUNSET NEIGHBORHOOD PARK (HIGHLANDS NEIGHBORHOOD PARK 3) PROJECT. WHEREAS, the City of Renton (the City ) has adopted a comprehensive Parks, Recreation and Natural Areas Plan that includes the Sunset Neighborhood Park (Highlands Neighborhood Park 3) Project; and WHEREAS, under provisions of the WWRP program, state grant assistance is requested to aid in financing the cost of acquisition and facility development; and WHEREAS, the City considers it in the best public interest to complete the project described in the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above recitals are found to be true and correct in all respects. The City Council of the City of Renton, Washington, is authorized to make formal application to the Recreation and Conservation Funding Board for grant assistance. SECTION III. The City has reviewed the sample project agreement on the Recreation and Conservation Office s web site at: manuals&forms/sampleprojagreement.pdf and authorizes Denis Law, Mayor, to enter into such a project agreement, if funding is awarded. The City understands and acknowledges that 1

13 RESOLUTION NO. the project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. The City recognizes that such changes might occur prior to the City s authorized representative signing the actual project agreement, and accepts the responsibility and the presumption that the City s authorized representative shall have conferred with the City Council as to any such changes before he executes the project agreement on behalf of the City and so executes with the City Council s authorization. SECTION IV. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project referenced above. SECTION V. The City expects its matching share of project funding will be derived from the City of Renton General Fund and from a Land and Water Conservation Fund (LWCF) grant and that pursuant to WAC must certify the availability of the match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non cash commitments to this project should they not materialize. SECTION VI. The City acknowledges that if the Recreation and Conservation Funding Board approves grant assistance for the project, the Recreation and Conservation Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that it will only request payment from the Recreation and Conservation Office after it incurs eligible and allowable costs and pays them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. 2

14 RESOLUTION NO. SECTION VII. The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to by the City and the Recreation and Conservation Funding Board. 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 Recreation and Conservation Office s standard versions of those documents), to be recorded on the title of the property with the King County Recorder s Office. SECTION VIII. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless the Recreation and Conservation Office director or the Recreation and Conservation Funding Board agrees to other restrictions. SECTION IX. The City acknowledges that any property owned by the City that is developed, renovated or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity after the project is complete unless otherwise provided and agreed to by the City and the Recreation and Conservation Funding Board in the project agreement or an amendment thereto. SECTION X. This resolution authorizing the application becomes part of a formal application to the Recreation and Conservation Funding Board for grant assistance. SECTION XI. The City provided appropriate opportunity for public comment on the application. SECTION XII. The City certifies that this resolution authorizing the application was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. 3

15 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of, 2016, at Renton City Hall, 1055 South Grady Way, Renton, WA Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of, 2016, at Renton City Hall, 1055 South Grady Way, Renton, WA Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1702:4/7/16:scr 4

16 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR LAND AND WATER CONSERVATION FUND ( LWCF ) PROJECTS TO THE RECREATION AND CONSERVATION FUNDING BOARD AS PROVIDED IN TITLE 54, U.S.C. SECTION , 79A.25 RCW, WAC 286 AND OTHER APPLICABLE AUTHORITIES (SUNSET NEIGHBORHOOD PARK (HIGHLANDS NEIGHBORHOOD PARK 3) PROJECT. WHEREAS, the City of Renton (the City ) has adopted a comprehensive Parks, Recreation and Natural Areas Plan that includes the Sunset Neighborhood Park (Highlands Neighborhood Park 3) Project; and WHEREAS, under provisions of the LWCF program, state grant assistance is requested to aid in financing the cost of acquisition and facility development; and WHEREAS, the City considers it in the best public interest to complete the project described in the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above recitals are found to be true and correct in all respects. The City Council of the City of Renton, Washington, is authorized to make formal application to the Recreation and Conservation Funding Board for grant assistance. SECTION III. The City has reviewed the sample project agreement on the Recreation and Conservation Office's website at: SampleProjAgreement.pdf and authorizes Denis Law, Mayor, to enter into such a project agreement, if funding is awarded. The City understands and acknowledges that the project 1

17 RESOLUTION NO. agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. The City recognizes that such changes might occur prior to the City s representative signing the actual project agreement, and the City accepts the responsibility and the presumption that the City s authorized representative shall have conferred with the City Council as to any such changes before he executes the project agreement on behalf of the City and so executes with the City Council s authorization. SECTION IV. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project referenced above. SECTION V. The City expects its matching share of project funding will be derived from the City of Renton General Fund and from a Washington Wildlife and Recreation Program (WWRP) grant and that pursuant to WAC must certify the availability of the match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non cash commitments to this project should they not materialize. SECTION VI. The City acknowledges that if the Recreation and Conservation Funding Board approves grant assistance for the project, the Recreation and Conservation Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that it will only request payment from the Recreation and Conservation Office after the City incurs eligible and allowable costs and pays them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. 2

18 RESOLUTION NO. SECTION VII. The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to by the City, the Recreation and Conservation Funding Board, and the National Park Service in the project agreement or an amendment thereto. 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 Recreation and Conservation Office s standard versions of those documents), to be recorded on the title of the property with the King County Recorder s Office. SECTION VIII. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless the Recreation and Conservation Office director or the Recreation and Conservation Funding Board, and National Park Service agree to other restrictions in the project agreement or an amendment thereto. SECTION IX. The City acknowledges that any property owned by the City that is developed, renovated or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity after the project is complete unless otherwise provided and agreed to by the City, the Recreation and Conservation Funding Board, and the National Park Service in the project agreement or an amendment thereto. SECTION X. The City has read both the federal guidelines and state policies for the LWCF program and agrees to abide by those guidelines and policies, and as LWCF grants are federal funds, the City must comply with all applicable federal laws. SECTION XI. The City provided appropriate opportunity for public comment on this application. 3

19 RESOLUTION NO. SECTION XII. The City certifies that this resolution authorizing the application was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. PASSED BY THE CITY COUNCIL this day of, 2016, at Renton City Hall, 1055 South Grady Way, Renton, WA Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of, 2016, at Renton City Hall, 1055 South Grady Way, Renton, WA Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1703:4/7/16:scr 4

20 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR WASHINGTON WILDLIFE AND RECREATION PROGRAM ( WWRP ) PROJECTS TO THE RECREATION AND CONSERVATION FUNDING BOARD AS PROVIDED IN CHAPTERS 79A.15 AND 79A.25 RCW, WAC 286, AND OTHER APPLICABLE AUTHORITIES (SUNSET NEIGHBORHOOD PARK (HIGHLANDS NEIGHBORHOOD PARK 3) PROJECT. WHEREAS, the City of Renton (the City ) has adopted a comprehensive Parks, Recreation and Natural Areas Plan that includes the Sunset Neighborhood Park (Highlands Neighborhood Park 3) Project; and WHEREAS, under provisions of the WWRP program, state grant assistance is requested to aid in financing the cost of acquisition; and WHEREAS, the City considers it in the best public interest to complete the project described in the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above recitals are found to be true and correct in all respects. The City Council of the City of Renton, Washington, is authorized to make formal application to the Recreation and Conservation Funding Board for grant assistance. SECTION III. The City has reviewed the sample project agreement on the Recreation and Conservation Office s web site at: manuals&forms/sampleprojagreement.pdf and authorizes Denis Law, Mayor, to enter into such a project agreement, if funding is awarded. The City understands and acknowledges that 1

21 RESOLUTION NO. the project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. The City recognizes that such changes might occur prior to the City s authorized representative signing the actual project agreement, and accepts the responsibility and the presumption that the City s authorized representative shall have conferred with the City Council as to any such changes before he executes the project agreement on behalf of the City and so executes with the City Council s authorization. SECTION IV. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project referenced above. SECTION V. The City expects its matching share of project funding will be derived from the City of Renton General Fund and that pursuant to WAC must certify the availability of the match at least one month before funding approval. In addition, the City understands it is responsible for supporting all non cash commitments to this project should they not materialize. SECTION VI. The City acknowledges that if the Recreation and Conservation Funding Board approves grant assistance for the project, the Recreation and Conservation Office will pay the City on only a reimbursement basis. The City understands reimbursement basis means that it will only request payment from the Recreation and Conservation Office after it incurs eligible and allowable costs and pays them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. 2

22 RESOLUTION NO. SECTION VII. The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to by the City and the Recreation and Conservation Funding Board. 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 Recreation and Conservation Office s standard versions of those documents), to be recorded on the title of the property with the King County Recorder s Office. SECTION VIII. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless the Recreation and Conservation Office director or the Recreation and Conservation Funding Board agrees to other restrictions. SECTION IX. This resolution authorizing the application becomes part of a formal application to the Recreation and Conservation Funding Board for grant assistance. SECTION X. The City provided appropriate opportunity for public comment on the application. SECTION XI. The City certifies that this resolution authorizing the application was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. PASSED BY THE CITY COUNCIL this day of, 2016, at Renton City Hall, 1055 South Grady Way, Renton, WA Jason A. Seth, City Clerk 3

23 RESOLUTION NO. APPROVED BY THE MAYOR this day of, 2016, at Renton City Hall, 1055 South Grady Way, Renton, WA Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1704:4/7/16:scr 4