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AGREEMENT FOR PROACT GRAN1 FROM OU I DOOR RECItt A I W DN ACCOUN I
Project title Cedar_River Recreation Park _._..... ..
Project Number ...___..9.3, i24A/W .0b51__............
THIS AGREEMENT is entered into by and bc+1ween the WAStti,'JGION STATE INILI;AGCNCY
COMMITTEE FOR OUI DOOR RECREATION (IAC) , acting through its Director and
t.hr.,City. (Pof_Rentorr_..._, a governmental entity eligible to receive funding as
described below ublic Agency) . The Director of the IAC shall be known
hereinafter the "Director" .
GI:NCRAL PROVISIONS
1 . Purpose oof....Agreement
The purpose of this Agreement is to sot out the terms and conditions under
which the monetary grant set out below is made from the outdoor Recreation
Account of the General Fund of the State of Washington under the provisions
and requirements of RCW 43.99.080 by the IAC to the Public: Agency, in aid of
an outdoor recreation project (the "project") of the Public Agency.
2. Term of Agreement
This Agreement shall be effective upon „.May F,, 1994 and shall terminate
only upon mutual agreement of the part.ies, except as may he otherwise provided
elsewhere in this Agreement.
3. Perf prmance__t!y..Puhl i c_Aq ncy
(A) The Public Agency shall develop and complete the project as it is
described in section 4 below, in the Public Agency' s application, and in
accordance with the Public Agency's proposed goals and objectives described in
the application or documents submitted with the application, all as finally
approved by the IAC. That application is incorporated herein by this
reference as if fully set forth for the purposes of determining the project
descript.ion and project, goals and objective,.
(8) No expenditure made, or obligation incurred, by the Public Agency prior
to the effective date of this Agreement shall be elig;hle for grant funds, in
whole or in part, unless specifically approved by the IAC or the Director.
The amounts set out in section 5 below shall he reduced as necessary to
exclude any such expenditure. from participation.
The project shall be completed no later than ,.,,.Irrne .31),_. 19y5,. ... No
expenditure made, or obligation incurred, following this completion date shall
be eligible, in whole or lie part., for grant funds hereunder. In addition to
any remedy the IAC way have under this Pgreement, the amounts set out in
section 5 below shall he reduced to exclude any such expenditure from
participation.
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(C) lime of project performance by the Public Agency i•, of the essence of
this Agreement.. failure to timely complete the :ict. out in
subsection 13 above is a material breach of the Agreement .
4. Ues.criPtiQn,.wSr,t,. I'ro,j_rcct-
The Project of the Public Agency wwhic.h Is the subjet i. of this Agroement is
described in summary as follows:
The project includes the acquisition of approximately lit acres of land,
known as the Narco site, located south of the Cedar River and east of
the 1-405 overpass. Specific elements include:
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Land appraisal Closing costs
Land acquisition Pro -rated real estate taxes
Appraisal review Recording fees
Title insurance Hazardous substance report
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Real estate excise taxes •
legal description of the property to be acquired is included as
"Attachment A" and is by this reference made part of this Agreement .
The project is de'.c.ribed more fully in the application by the Public Agency to
the IAC for grant. in ,aid assistance. that application was initially submitted
to the iAC by the Public Agency on - June 25.,. 1993 , and was approved by the
IA(: on ,._.orc;h. 25, 1994 . .
3. o j!!( 1_ I_idol i,nq
(A) The total cost of the project for the purposes of this Agreement:
is .,_..._3,1f37_,559.__,- Dollars; PROVIDED that., if the total cost of the project when
completed,or when this Agreement is terminated, is actually loss, that actual
cost shall 1.e substituted herein.
(U) The value of the contributions by the Public Agency to the Project shall
be 2,L07 550._-._ Dollar: • Jr 14..__ percent of the total project, cost,
whichever amount is less, at. minimum.
(C) Subject to the terms of this Agreement , the IAC agrees to provide
50►?,.OQO .__ Dollars, or _16.__., percent of the tot :-1 project cost., whichever
amount is less, from monies available in the Outdoor Recreation Account of the
State's General Fund.
(D) It the IAC has entered inta an agreement with the National Park Service.,
Uni:.ed ates Dewtment of the Interior, to cont.r'ibute! I eder'aI Land and Water
Conservation Funds to this project, that. federal '.olilrIbut.ion will be
_-O Dollars, or �0_ percent. of they total project, cost., whichever is
less.
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(F) The LAC shall not be oblig3ated to pay any amount beyond the amounts set
out in subsection (C) and, if applicable, (D) above unless that additional
amount has been approved in advance by the IAC, or by the Director, and
incorporated by written amendment into this Ap reernent .
(F) Disbursement of grant monies by the IAC to the Public Agency under this
Agreement shall be made in accordance with chapter 286-24 WAC, all conditioned
upon proof of compliance with the terms of this Agreement by the Public
Agency. The IAC reserves the right to withhold disbursement of the final ten
percent (10%) of the total, amount of the grant to the Public Agency until the
project has been timely completed and approved by the Director.
(G) the obligation of the IAC to pay any amount(s) under this Agreement is
expressly conditioned upon strict compliance with the terms of this Agreement
by the Public Agency.
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6. Re girement.s of the National Park_Sery_ice •
If the project has been approved by the National Park Service, United States
Department of the Interior, for assistance from the Federal Land and Water
Conservation Fund (see section 5 (D)) , the Project Agreement General
• Provisions as contained in Section 660.3 Attachment Ii of the Land and Water
Conservation Grant Manual as now existing or hereafter amended are made part
of this Agreement, and the Public Agency shall abide by these Project
Agreement General Provisions. further, the Public Agency agrees to provide
the IAC with reports or documents needed by the IAC to meet the requirements
of the Project Agreement or Section 660.3 Attachment B of the Land and Water
Conservation Grant Manual .
7. Non-availability,of Funds
If amounts sufficient to fund the grant made under this Agreement are not
available in the State Outdoor Recreation Account or such funds are not
appropriated by the Washington State Legislature, or such funds are not
allocated by the Washington State Office of financial Management (OFM) to the
IAC for expenditure for this Agreement in any biennial fiscal period, the IAC
shall not be obligated to pay any remaining unpaid portion of this grant
unless and until sufficient funds are so deposited and/or any necessary action
by the legislature or OfM occurs. If the IAC participation is suspended under
this section for a continuous period of one year, the 1AC' s obligation to
provide any future funding under this Agreement shall terminate.
fhe Public Agency shall use any grant funds already received to complete the
project to the extent possible and shall devote the project to the uses
required under this Agreement unless an alternate use is approved by the IAC
or the Director.
8. fermination and Other Remedies.
(A) "the IAC may require strict compliance by the Public Agency with the
terms of this Agreement including, but not limited to, the requirements of the
applicable statutes, rules and IAC policies incorporated in this Agreement,
and with the representations of the Public Agency in its application for a
grant as finally approved by the LAC.
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(B) The IAC, or the Director, may suspend, or may terminate, the IAC's
obligation to provide funding to the Public Agency under this Agreement:
( i ) In the event of any breach by the Public Agency of any of the
Public Agency's obligations under this Agreement; or
( ii ) if the Public Agency fails to make progress satisfactory to ti1e
IAC or the Director toward completion of the project by the
completion date set out in section 3(B) above; or
( iii ) If, in the opinion of the IAC or the Director, the Public Agency
fails to make progress necessary to complete any other project
assisted with grant funds from the 1AC within the completion date
set out by agreement with the iAC for that project.
(C) In the event. this Agreement is terminated by the IAC, or the Director,
under this section or any other section after any portion of the grant amount
has been paid to the Public Agency under this Agreement., the IAC may require
that any amount paid be repaid to the IAC for redeposit into the Outdoor
Recreation Account .
(D) The Public Agency understands and agrees that the IAC may enforce this
Agreement by the remedy of specific performance, which usually will mean
completion of the project as described in section 4 above. However, the
remedy of specific performance shall not he the sole or exclusive remedy
available to the IAC. No remedy available ' .i the IAC shall be deemed
exclusive. The IAC may elect to exercise any, any combination, or all of the
remedies available to it under this Agreement, or under any provision of law,
common law, or equity.
9. No .Waiver ,by .IALRemedjes
Waiver by the IAC of any default or breach shall not be deemed to be a waiver
of any other or subsequent default or breach and should not be construed to be
a modification of the terms of the Agreement unless stated to be such in
writing by the Director, or his or her designee. The IAC does not waive any
of its rights or remedies under this Agreement should it: (a) fail to insist
on strict performance of any of the terms of this Agreement, or (b) fail to
exercise any right based upon a breach of this Agreement.
10. Apj ication, Repfesen...i pns._: .,M.isre.hresecta.t_ion_or_ Inacc.«racy A
Breach
the IAC relies upon the Public. Agency's application in making its
determinations as to eligibility for, selection for, and scope of, funding
grants. Any misrepresentation, error or inaccuracy in any part of the
application shall be deemed a breach of this Agreement.
11 . compliance _wi_t.h__APplicablc__Stat:uaes,._I.ul_e nd_iAC._Pol ides
The subject grant shall be governed by, and the Public Agency shall comply
with, all applicable provisions of chapter 43.99 RCW, chapter 286 WAC and
published IAC policies and guidelines, which are incorporated herein by this
reference as if fully set forth.
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12. Restriction onConversion of Faci 1 ittto nt.her_Usta
The Public Agency shall not at any time convert any property or facility
acquired or developed pursuant to this Agreement to uses other than those for
which assistance was originally approved, without the prior approval of the
LAC, in the manner provided by RCW 43.99. 100 for marine recreation land,
whether or not the property was acquired with Initiative 215 funds.
13. Use and Maintenance of assisted Projects
the Public Agency shall operate ano maintain, or cause to be operated and
maintained, the property or facilities which are the subject matter of this
Agreement as follows:
(A) The property or facilities shall be maintained so as to appear attractive
and inviting to the public.
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(B) All facilities shall be built and maintained in accordance with
applicable state and local public health standards and building codes.
(C) The property or facilities shall be kept reasonably safe for public use.
0G) Buildings, roads, trails, and other structures and improvements shall be
kept in reasonable repair throughout their estimated lifetime, so as to
prevent undue deterioration that would discourage or prevent public use.
(E) The facility shall be kept open for public use at reasonable hours and
times of the year, according to the type of area or facility.
(F) The property or facility shall be open to everyone without restriction
because of race, creed, color, sex, r-'ligion, national origin, handicap or
residence of the user.
(G) The Public Agency agrees to operate and maintain the facility in
accordance with all applicable federal , state, and local laws and regulations.
14. User Fees and Charges
User, or other types of fees may be charged at the project described by this
Agreement, provided that the fees and charges are commensurate with the
prevailing range of public fees and charges within the state for the
particular activity involved.
Unless precluded by state law, all revenues from fees and charges which exceed
the costs for operation and maintenance of the area from which they were
collected must be deposited in a capital reserve fund identifiable within the
sponsor's(s' ) official annual budget(s) , for acquisition and/or development of
outdoor recreation lands or facilities consistent with the agency' s park and
recreation plan. Such funds may not, be used for operation and maintenance of
other facilities.
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15. Prnvisien.s / P_1y_inc1_()n1�_tg /1rc8aisit:i,c�n_ Pro,tt+ct.�
The following provisions shall be in force only if the project described in
this Agreement is for the acquisition of outdoor recreation land or
facilities:
(A) When Federal Land and Water Conservation Funds are part of this Agreement
per section 5(D) of his Agreement, the Public Agency agrees to comply with the •
terms and conditions of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)-••Public Law 91-646, as
amended by the Surface Transportation and Uniform Relocation Assistance Act,
Pi. 100-17- 1987, and the applicable regulations and procedures of the
Department of the Interior implementing that act.
(B) When state funds are included in this project per section 5(C) of this
Agreement, the Public Agency agrees to comply with the terms and conditions of
the Uniform Relocation Assistance and Real Property Acquisition Policy of the
State of Washington (Chapter 240, Laws of 1971 , 1st Ex. Sess. , RCW 8.26.010) ,
and chapter 468-100 WAC after it becomes effective on April 2, 1989.
(C) In the event that housing and relocation costs, as required by federal
law set out in subsection (A) above and state law set out in subsection (E)
above, are involved in the execution of this project, the Public Agency agrees
to provide any housing and relocation assistance that may be necessary and
will assume all administrative costs, with the understanding that eligible
relocation costs may he part of the total project cost.
(D) Fvidencl of Land Value Prior to disbursement of funds by the [AC as
provided under this Agreement, the Public Agency agrees to supply evidence to
the IAC that the land acquisition cost has been establisher as per IAC
procedural guidelines, which are incorporated by this reference.
(C) Evidence of _title The Public Agency agrees to show the type of ownership
interest for the property that has been obtained. This shall be done before
payment of financial assistance by the IAC.
(F) Deed of Right to Use land for Public_Recrea tion _Purposes The Public
or instruments which contain (1)
legal des, the ,• a
ption of property acquired under this Project Agreement, (2) a
conveyance to the State of Washington of the right to use the described real
property forever for outdoor recreation purposes, and (3) a restriction on
conversion of use of the land in the manner provided in RCW 43.99. 100, whether
or not the real property covered by the deed is marine recreation land. RCW
43.99. 100 reads as follows:
"Marine recreation land with respect to which money has been
expended under RCW 43.99.080 shall not, without the approval of the
committee, be converted to uses other than those for which such
expenditures were o•-iginally approved. The committee shall only
approve any such conversion upon conditions which will assure the
substitution of other marine recreation land of at least equal fair
market value at the time of conversion and of as nearly as feasible
equivalent usefulness and location"
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16. Provisions. Appyiag_._ Deve .o mcnt_ Prpjgcts
The following provisions shall be in force only if the project described in
this Agreement is for development of outdoor recreation land or facilities.
(A) Construction Document Approval_ the Public Agency agree:, to submit one
copy of all construction plans and specifications to the IAC for review and
approval prior to seeking bids on those plans. Review by the IAC will be for
compliance with the terms of this Agreement.
(B) Contracts for Construction Contracts for construction shall be awarded
through a process of competitive bidding if required by state law. Copies of
all bids and contracts awarded shall he submitted to the CAC. Where all bids
are substantially in excess or project. estimites, the IAC, may, by notice in
writing, suspend the project for determination of appropriate action, which
may include termination of the Agreement.
(C) Construction Contract Change Order Any change orders must be in writing
and shall be submitted to the IAC. Any increase in the cost of the project as
the result of a change order shall be the sole obligation of the Public
Agency. No change order shall be issued by the Public Agency which chances
the plans or proposals submitted in, or in connection with, the Public
Agency's application for assistance for this project, unless that. change !:as
been agreed to by the IAC by written amendment to this Agreement.
(D) Installation Fa ymer,ts Financial assistance provided by this Agreement
for development may be remitted to the Public Agency in installments, after
receipt of billings, and upon satisfactory evidence of completion of each
stage of construction or development. Installment payments shall in no event
be made more frequently than monthly.
(E) Nondiscrimination Clause Except where a nondiscrimination clause
required by the United States Department of the Interior is used, toe Public
Agency shall insert the following nondiscrimination clause in each contract
for construction of this project:
"During the performance of this contract, the contractor agrees as
follows:
(I) The contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, sex, or
national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated
fairly during employment, without regard to their race, creed,
color, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading; demotion or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor
agrees to put in a conspicuous place, available to employees and
applicants for employment, notices to be provided by the contracting
officer, setting forth the provisions of this nondiscrimination
clause.
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(2) The contractor will , in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment
without regard to race. creed, color, sex or national origin.
(3) the contractor will send to each labor union or representative or
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to he provided by the agency
contracting officer, advising the said labor union or workers'
representative of the contractor's commitments under this section
an0 shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
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(4) The contractor will include the provisions of the foregoing
paragraphs in every subcontract exceeding $10,000, so that such
provisions will be binding upon each such subcontractor or vendor.
The contractor will take such action with respect, to any subcc-►tract
or purchase order as the iAC or the Director may direct as a means
of enforcing such provisions, including sanctions for noncompliance;
PROVIDED, however, that in the event the contractor becomes involved
in, or is threatened with, litigation with a subcontractor or vendor
as a res,alt of such direction by the contracting agency, the
contractor may request the State of Washington to enter into such
litigation to protect its interests. "
17. Rsponsihil itY.for Pro,ipct
While the IAC undertakes to assist the Public Agency with the project by
providing a grant pursuant to this Agreement, the project itself remains the
sole responsibility of the Public Agency. The IAC undertakes no
responsibilities to the Public. Agency, or to any third party, other than as is
expressly net out in this Agreement. The responsibility for the design,
development, construction, implementation, operation and maintenance of the
project, as those phases are applicable to this project, is solely that of the
Public Agency, as is responsibility for any claim or suit of any nature by any
third party related in any way to the project.
The Public Agency shall defend at its own cost any and all claims or suits at
law or in equity which may be brought against the Public Agency in connection
with the project. The Public Agency shall not look to the IAC, or to any of
the IAC' s employee% or agents, for any performance, assistance, or any payment
or indemnity, inch.ding but not limited to cost of defense and/or attorneys'
fees, id connection with any claim or- lawsuit brought by any third party
related in any way to the project., including but not limited to, its design,
development, construction, implement.ation, operation and/or maintenance.
18. Hazardous Substances
(A) The Public: Agency shall inspect and investigate the proposed acquisition
or development site for the presence of hazardous substances in accordance
with RCW 70. 105D.040(b) .
(I3) The Pubic Agency represents that it has fully disclosed to the IAC the
results of its inspection and investigation and all other knowledge the Public
Agency has as to the presence of any hazardous substances at the proposed
acquisition or development site.
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(C) Nothing in this r.. ►;vision alters the project spon es detie and
liabilities regarding hazardous substances as set forth in chapter 70. 105D
lir,W.
(D) "Hazardous substance" means "hazardous substance" as defined in liCW
10. 105D.020(5) .
19. indemnity
The Public Agency agrees to, and shall , defend, protect and hold harmless the
iAC and any and all of its employees and/or agents, from and against any and
all liability, cost ( including but not limited to all cost of defense and
attorneys' fees) and any and all loss of any nature from any and ali claims or •
demands or suits at law or equity, arising from the project, including but not •
limited to, those arising from the Public Agency's acts, or failures to act,
which result in any loss of any kind to any third party. Such claims or suits
include, but are not limited to: •
(A) claims or suits by any person or firm furnishing services in connection
with the Public Agency's performance under this Agreement; or
(B) claims or suits by any person or firm who or which may allege injury by
the Public Agency or its agents arising from the Public Agency' s performance
of this Agreement or arising from or related to the project to which a grant
is furnished hereunder; or
(C) any claim or suit resulting from the use of any facilities and/or
programs assisted by a grant under this Agreement; or
(0) any claim or suit resulting from t.ha presence of,or the release or
threatened release of hazardous substances brought by any federal , state or
local agency or any individual .
20. Records and R ports
(A) The Public Agency agrees to maintain all books, records, documents,
receipts, invoices and all other electronic or written records necessary to
sufficiently and properly reflect the Public Agency' s contracts, contract
administration, and payments, including all direct and indirect charges, and
expenditures in the development and implementation of the project.
• (8) The Public Agency's records related to this Agreement and the project
receiving grant funds hereunder may be inspected by the IAC or the Director,
or their designees, or by designees of the State Auditor or by federal
officials .-uthorized by law, for the purposes of determining compliance by the
Public Agency with the terms of this Agreement, and to determine the
appropriate level of funding to be paid under the subject grant.
(C) The records shall be made available by the Public Agency together with
suitable space for such inspection at any and all times during the Public
Agency' s normal working day.
(D) The Public Agency shall retain all records related to this Agreement and
the project funded hereunder for a period of at least six (6) years following
completion of payment of the grant- in-aid under this Agreement.
(D) The Public Agency shall promptly submit to the Director any report or
reports required by the Director.
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(F) The Public Agency shall submit a final report whe,, the project is
completed, prematurely terminated, or project assistance is terminated. The
report shall include a final accounting of all expenditures and a description
of the work accomplished. If the project is not completed, the report shall
contain an estimate of the percentage of completion, and shall indicate the
degree of usefulness of the completed project. the report shall account for
all expendit.:res not previously reported and shall include a summary for the
entire project.
21 . Acknwledgements
The Public Agency shall include language which acknowledges the fending
contribution of the IAC to this project in any release or other publication
developed or modified for, or referring to, the project. The Public Agency
also shall post signs or other appropriate media at project entrances and
other locations on the project which ae.knowledge the IAC's funding
contribution.
22. independent. Contractor Stags of Publ icAgencl •
The Public Agency and the Public Agency's officers, employees and agents shall
perform all obligations under this Agreement as an independent contractor and
not in any manner as officers or employees or agents of the IAC. Herein all
references to the Public Agency shall include its officers, employees and
agents. The IAC shall not withhold or pay taxes or insurance of deductions of
any kind.
23. Rests'ction can Assignment
The Public Agency shall not assign this Agreement, or the performance of any
obligations to the IAC under this Agreement, or any claim against the IAC it
may have under this Agreement, without the express written consent of the
Director.
24. Nondisc:,rimi_nat.io,n
The Public Agency shall comply with all applicable federal and state
nondiscrimination laws, regulations, and policies. No person shall , on the
grounds of age, race, creed, color, sex, religion, national origin, residence,
marital status, or handicap (physical , mental , or sensory) be denied the
benefits of, or be otherwise subjected to discrimination under, this Agreement
or under any project, progran, or activity, funded, in whole or in part, under
this Agreement. A violation of this provision is a material breach and cause
fo. termination under section 8 above.
25. 1911Il ic:.t._of Interest.
The Public Agency shall not participate in the performance of any duty in
whole or in part pursuant to this Agreement to the extent participation is
prohibited by chapter 42. 18 RCW, the Fxe_cut.ive Conflict of Interest Ac: , or
any other federal , state or local similar conflict act which may apply to the
Public Agency. The IAC may, by written notice to the Public Agency, terminae
this Agreement if it is found after due not'ce end examination by the IAC or
the Director that there is a violation of tic Executive Conflict o Interest
Act, chapter 42. 13 RCW; Code of Ethics for Pahhl ',c Officers and Employees,
chapter 42.22 RCW; or any similar statute or ordinance involving the Public
Agency in the procurement of, or performance undnr, this Agreement.
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The existence of facts upon which the IAC or the Director makes any
determination under this section may be an issue under, and may be reviewed as
is provided in, the disputes section of this Agreement, section 25, upon
agreement of the parties.
25. Disputes
When a bona fide dispute arises between the IAC or its Director and the Public
Agency which cannot be resolved between those panics, the parties may agree
that the diseutes process set out in this section shall be used prior to any
action being brought in court. Either party may request a disputes hearing
hereunder. The request for a disputes hearing must be in writing and clearly
state: (a) the disputed issues; (h) the relative positions of the parties
regarding those issues as then understood by the requesting party; (c) the
Public Agency's name, address, project title, and the 1AC's project number.
In order for this section to apply to the resolution of any specific dispute
or disputes the other party must agree in writing that the procedure under
this section shall be used to resolve those specific issues.
The dispute shall be heard by a panel of three persons consisting of one
person chosen by the Public Agency, one person chosen by the Director and a
third person chosen by the two persons initially appointed. If a third person
cannot be agreed upon, the third person shall be chosen by the chairperson of
the iAC.
Any hearing under this section shall he informal , with the specific processes
to be determined by the disputes panel according to the nature and complexity
of the issues involved. The process may be solely based upon written material
if the parties so agree. The disputes panel shall be governed by the
provisions of this Agreement in deciding the disputes.
The parties shall he bound by the decision of the disputes panel , unless the
remedy directed by that party shall be without the authority of either or both
parties to perform, as necessary, or is otherwise unlawful .
Request for a disputes hearing under this section by either party shall be
delivered or mailed to the other party at the address set out in section 31
below. The request shall be delivered or mailed within thirty (30) days of
the date the requesting party has received notice of the action or position of
the other party which it wishes to dispute. the written agreement to use the
process under this section for resolution of those issues shall be delivered
or mailed by the receiving party to the requesting party within thirty (30)
days of receipt by the receiving party of the request.
All costs associated with the implementation of this process shall be shared
equally by the parties.
27. govern i ng I,awlycnr,e
This Agreement shall be governed by the laws of the state of Washington. In
the event of a lewsuit involving this Agreement, venue shall be proper only in
the Superior Court in and for Thurston County.
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28. Severat)i l i tY
If any provision of this Agreement or any provision of any law, rule or
document incorporated by reference into this Agreement, shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which
legally can be given effect without the invalid provision to this end the
provisions of this Agreement are declared to he severable.
29. OSHAJWISHA
The Public Agency represent; and warrants that its work place does now or will
meet all applicable federal and state safety and health reyul�tions that are
in effect during the Public Agency's performance under this Agreement. The
Public Agency further agrees to indemnify and hold harmless the LAC and its
employees and agents from all liability, damages and costs of any nature,
including but not limited to costs of suits and attorneys' fees assessed
against the IAC, as a result of the failure of the Public Agency to so comply.
30. Headings Not Controlling
Headings used in this Agreement are for reference purpo,es only and shall not
be considered a substantive part of this Agreement..
31 . Notices
(A) All written communications which are to be given to the Public Agency
under this Agreement will be addressed and delivered to:
Name: Leslie Betl acts
Title: Resource Coordinator
Mailing Address: Cif of Renton
200 Mill Avenue South_____. - ^.._._....__..__.__. ._._.
Renton, WA 98055 __-..___.__._...._._._...._.__..,_...__
(8) All written communications which are to Le given to the IAC under this
Agreement will he address and delivered to the IAC, P.O. Box 40917, Olympia,
98504-0917.
(C) The above shall be effective until receipt by one party from the other
of a written notice of any change.
32. Additional_ rrovisiors nr Modifications of Stodard hro'..i;ions
2
PARCEL A:
THAT PORTION OF THE Wr`T 1/2 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 23
NORTH, RANGE 5 EAST W. '. , LYING SOUTHERLY OF THE BURLINGTON NORTHERN RAILROAD
RIGHT-OF-WAY, AS ESTABLISHED BY DEED RECORDED UNDER KING COUNTY RECORDING NO.
162408;
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 Of SAID SECTION 17; •
THENCE NORTHERLY ALONG THE WEST LINE THEREOF A DISTANCE OF 500 FEET;
THENCE SOUTHEASTERLY ALONG A LINE TO A POINT ON THE. SOUTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 17, WHICH POINT LIES 1200 FEET EAST OF, AS
MEASURED ALONG THE SOUTH LINE OF SAID SECTION, FROM THE SOUTHWEST CORNER OF
SAID SOUTHEAST 1/4;
THENCE WESTERLY ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 Of SECTION 17, A
DISTANCE OF 1200 FEET TO THE SOUTHWEST CORNER THEREOF AND THE POINT OF
BEGINNING;
SITUATE IN THE CITY OF RENTON, COUNTY Of KING, SIA1F OF WASHINGTON.
PARCEL B:
THAT PORTION OF GOVERNMENT LOT 5 IN SECTION 17, TOWNSHIP 23 NORTH, RANGE 5
EAST W.M. , LYING SOUTHERLY OF THE BURLINGTON N(,RIIII:.RN RAILROAD RIGHT-OF-WAY AS
ESTABLISHED BY DEED RECORDED UNDER KING COUNIY RECORDING NO. 162408 AND
NORTHERLY AND EASTERLY OF.A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE EAST LINE OF SAID SECTION 17, AND
THE SOUTHERLY MARGIN OF SAID BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY MARGIN TO A POINT 1 ,136.22 FEET
NORTH AND 1 ,239.88 FEET EAST OF THE SOuIH 1/4 CORNER OF SAID SECTION 17 AND
THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE : THENCE SOUTH 81 DEGREES 24
MINUTES 00 SECONDS WEST 703.61 FEET;
THENCE NORTH 56 DEGREES 37 MINUTES 00 SECONDS WEST 624.00 FEET;
THENCE IORTH 79 DEGREES 35 MINUTES 00 SECONDS WEST 357.00 FEET TO f1 POINI
1 ,440.92 FEET NORTH AND 320. 13 FEET WEST OF THE SOUTH 1/4 CORNER OF SAID
SECTION 17;
THENCE NORTH 41 DEGREES 25 MINUTES 00 SECONDS WEST 160.00 LEE ;
THENCE NORTH 26 DEGREES 35 MINUTES OC SECONDS WEST 216.00 FEET;
THENCE NORTH 08 DEGREES 41 MINUTES 00 SECONDS WEST 10 THE SOUTHWESTERLY MARGIN
OF SAID RAILROAD RIGHT-OF-WAY AND 1111. TERMINUS OF SAID DESCRIBED LINE;
TOGETHER WITH AN EASEMENT FOR ROADWAY ( INGRESS FROM AND EGRESS TO HOUSER WAY)
AS DESCRIBED IN EASEMENT RECORDED UNDER RECORDING NO. 2817181 ;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, SIAIF OF WASHINGTON.
PARCEL C:
THAT PORTION OF GOVERNMENT LOTS 6 AND 9 AND THE: SOUTHWEST 1/4 OF THE SOUTHEAST
City of Renton IAC #93 124A/W- 06
Cedar River Park 13 Attachmert A
1/4 IN SECTION 17, TOWNSHIP 23 NOR H, RANGE. 5 EAS1 W.M. , LYING NORTHERLY OF
THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, AS ESTABLISHED BY DEED RECORDED •
UNDER KING COUNTY RECORDING NO. 162408, AND SOUTHERLY OF A I. INE DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF TIIE NORTH AND SOUTH CENTER LINE Of SAID
SECTION 17, WITH THE NORTHERLY MARGIN OF SAID BURLINGTON NORTHERN
RIGHT-OF-WAY;
THENCE SOUTH 59 DEGREES 23 MINUTES 07 SECONDS FAST ALONG SAID NORTHERLY MARGIN
285.94 FEET TO THE TRUE POINT OF BEGINNING Of SAID DESCRIBED LINE;
THENCE NORTH 79 DEGREES 11 MINUTES 10 SECONDS EAST 42.68 FEET;
THENCE NORTH 66 DEGREES 41 MINUTES 51 SECONDS EAST 114.56 FEET;
THENCE .SOUTH 74 DEGREES 33 MINUTES 43 SECONDS EAST 134.69 FEET;
THENCE SOUTH 87-DEGREES 12 MINUTES 48 SECONDS EAST 1I9.34 FEET;
THENCE SOUTH 66 DEGREES 04 MINUTES 38 SECONDS EAST 111 . 10 FEET; •
THENCE SOUTE 57 DEGREES 18 MINUTES 57 SECONDS EAST 96. 15 FF1.1 ;
THENCE SOUTE 80 DEGREES 29 MINUTES 59 SECONDS EAST 118. 76 FELT ;
THENCE SOUTE 73 DEGREES 06 MINUTES 57 SECONDS FAST 108.28 [LET;
THENCE SOUTI 82 DEGREES 48 MINUTES 29 SECONDS LAST 66.27 FEET;
THENCE SOUTI 74 DEGREES 00 MINUTES 19 SECONDS EAST 95.57 FEET;
THENCE SOUTF 37 DEGREES 59 MINUTES 12 SECONDS EAST 73. 78 FEET;
THENCE SOUTE 20 DEGREES 32 MINUTES 12 SECONDS EAST 182.89 FEET ;
THENCE SOUTH 12 DEGREES 05 MINUTES 27 SECONDS EAST 80.24 FEET;
THENCE SOUTE 25 DEGREES 19 MINUTES 42 SECONDS EAST 155.52 FEET;
THENCE SOUTI 06 DEGREES 06 MINUTES 06 SECONDS EASE 65.5E FEET, MORE-OR LESS,
TO THE NORTHERLY MARGIN OF SAID BURLINGTON NORTHERN RIGHT-OF-WAY AND THE
TERMINUS OF SAIL) DESCRIBED LINE:
SITUATE IN THE CITY OF !UNION, COUNTY OF KING, STATE OF WASHINGTON.
•
City of Renton
Cedar River Park 14 Attachment A
I
•
•
33. Fnt i re_Aclreemgot
this Agreement sets forth the entire agreement between the parties with
respect to the subject matter hereof. Commitments warranties,
representations and understandings or agreements not contained, or referred
to, in this Agreement or written amendment ,provided herein,
he o shall
not
nbbe.
a indingoonrrF
either party. Except as may be expressly I
any of the terms or conditions of this Agreement will be effective without the
written consent of both parties.
SIAlF 01 WASHINGTON INTERAGENCY
COMM I t f I:I:. FOR OUTDOOR RECREATION
BY:
Director
Dale:
•
PUBI tC AGENCY
SY:
title: ?l:i.•„r
:•�,iri Ian .1
•
Approved as to form this _,_..5t.h day
of Janus .y,___..-, 1991 .
By: ..._ ____..-../.sl.... :- ............__...__....... ...__...._....._. .
SIIANNON E. SMITH
Assistant. At torney General
Attorney for IA(:
Approved as to form this _..1.'_!_/_._ day
of _Ai
By: Aftb
At QV-. 19'7Thtitly qen< y
i
('1'1'Y 01•' 1RENTON
CITY ClERtK'S OFFICE
MEMORANDUM
DATE: May 20, 1994
•
TO: Leslie 13ctlach
FROM: Lisa Stephens
SUBJECT:
C:AG-94.059
The attached original document has
coin r►rtorly and rctair�a copy being and is 1 it yourttfi}c. l An you.
Please transmit the original to
original document is also retained by the City Clerk.
Thank you.
Enclosures: (1)
i
CONTRACT CHECK!1ST
STAFF NAME & EXTENSION NUMBER: __t.1.-!slin 13s•tltu;l_t_�x!>;z��;+.. . ._ .... ___-. ._Parks and IZcc• ca l k►n..__.. ..._._... ----. .-
i)1VIS}ON/t}1,{'��{t"I"I�1{ N"1': M�_____.-_........_.-.__...__
CONTRACT NUMBL.R: _..N/..____.___.____..._..___.........._....._._...._..�___.__....._..
TASK ORDER NUMBER(if applicable):
CONTRACTOR: ___...___ _.._._..._... .._.�_.._._..
PURPOSE OF CONTRA(7: _. C;►'.;►t)t_F tii)tliii�_fi�.r'.. thP.. NAItC<.O ,A.t t tti. iLiu»..... . ._.
I. I.l:(;AI. REVIEW: (Attach letter from city attorney.) Sets atltaR htq.l.
RISK MANAGEMENT REVIEW FOR INSURANCE: (Attach letter.) N/A
3. RESPONSE TO Li GAi. OR RISK MGMT CONCERNS: tl;.xplam in u..rituip how concerns have been net.)
None
4. INSURANCE CERTII:I(:•ATF ANT)/C)k POLICY: (Attach original.) N/A
5. PROOF OF CITY 1.31.ISINESS LICENSE: (Attach copy.) N/A
(,. ATTACHED CONTRACTS ARE SRiNI:U BY CONTRACTOR: di ea provide explanation.)
•
7. FISCAL IMPACT:
A. AMOUNT BUDGETED (I.IN1: ITi M) (Su•7.b)*
!3. EXPENDITURE REQUIRED: __. N/A___._
8. COUNCIL. APPROVAL REQUIRED (Prepare Agenda Bill.):
A. CONTRACT OR 'TASK ORDER IS $50,0(X) OR OVER: (Refer to Council committee for initial
contract approval; place subsequent task orders on Council agenda for concurtenke.) N/A
13. *FUND TRANSFER RQUIRED IF CONTRACT EXPENDITURE EXCEEDS AMOUNT
BUDGETED. (Refer to Council committee.) N/A
C. SOLE SOURCE CONTRACTS. (Refer to Council committee.) N/A
9. DATE OF COUNCIL. APPROVAL: _ —_--
10. RESOLUTION NUMBER (if applicable): 2973 and 302 3
11. KEY WORDS FOR CITY CLERK'S INDEX:
A. Cedar River Recreation Park NARC_O As;dttisitjon
InfOP'••hllii nevpi
I
CITY OE N
('!"i'Y CLERK'S OFFICE
MEMOR A N1)UM
•
DATE: May 20, 1994
TO: Leslie Betlach
FROM: Lisa Stephens
SUBJECT: CAC;-94 059
'� being returned to you.
executed and is b
has been fully An
The attached original document , or ani! retain <►copy for your file.
contractor Please transmit the original to the c. Clerk.
I lthe City
original document is also retained by the
Thank you.
Enclosures: (1)
•
•
•
eritt
City of Renton
•
Community Services
•
MEMORANDUM
DATE: May 17, 1994
TO: Marilyn Petersen, City Clerk
FROM: besl1e [3etlach Resource Coordinator ,''\ /
SUP_IECT: I.A.C. Grant Agraerment1 ,
_______________________________....________________ ___________;
Enclosed for execution are two (2) Original Agreements with the Interagency
Committee for Outdoor Recreation for $500,000.00 in grant monies. I have also
attached a Completed contract checklist as well as all the applicable support
documentation.
Please call me at x5549 if you have any questions. Thank you for your help.
Enclosures
cc: Sam Chastain
94-250db
Marsh 228, 1994 Ilenton_C.amity._.S:.oancilMir.!.ldt''__.._. ______ _Page._127
ltflities Committee Utilities Committee Chair Schlitzer presented a report recommending
Utility: Deferral of SUCC concurrence with the staff recommendation to defer imposition of the sewer
Fees for Renton Center SUCC fees associated with the Renton Center tenant improvement projects
Project related to the Fred Meyer project until such time as the building andjor
construction permits are issued for the major Fred Meyer facility. The
Utilities Committee further recommended concurrence with the staff
recommendation to use the Fred Meyer project as a "pilot project" for
application of the draft redevelopment SUCC Fee Credit for the sewer SUCC
fees triggered by the development. MOVED BY SCHLITZER, SECONDED
BY TANNER, COUNCIL. CONCUR IN THE COMMITTEE REPORT.
CARRIED.
ORDINANCES AND RESOLUTIONS
Resolution #3045 A resolution was read authorizing application for funding assistance for an
Parks: Grant Application acquisition project (May Creek Trail) to King County as provided by the
for King County King County Conservation Futures Levy Fund Acquisition Program. MOVED
Conservation Futures Levy BY NELSON, SECONDED BY TANNER, COUNCIL ADOPT THE
Funds, May Creek Trail RESOLUTION AS PRESENTED. CARRIED.
Resolution #3046 A resolution was read authorizing application for funding assistance for an
Parks: Grant Application acquisition project (Springbrook l rail) to King County as provided by the
for King County King County Conservation Futures Levy Fund Acquisition Program. MOVED
Conservation Futures Levy BY NELSON, SECONDED) BY TANNER, COUNCIL.. ADOPT THE
Funds, Springbrook Trail RESOLUTION AS PRESENTED. CARRIED.
LtoolitLican,_#3.047, A resolution was read authorizing application for funding assistance for an
Parks: Grant Application acquisition project (Lake Washington Vistas) to King County as provided by
for King County the King County Conservation Futures Levy Fund Acquisition Program.
Conservation Futures Levy MOVED) BY NELSON, SECONDED BY TANNER, COUNCIL ADOPT THE
I un'ls, lake Washington RESOLUTION AS PRESENTED. CARRIED.
Re,591.itli0.11.11.30g A resolution was read authorizing application for funding assistance and
Parks: Grant Application identifying the source of matching funds for an outdoor recreation project
for IAC Grant Funds, (Cedar River Sports Complex) to the Interagency Committee for Outdoor
Cedar River Sports i Recreation as provided by the Marine Recreation Land Act. MOVED BY
Complex NELSON, SECONDED BY TANNER, COUNCIL ADOPT THE
, RESOLUTION AS PRESENTED. CARRIER
1 t21j lieu #3049 A resolution was read authorizing application for funding assistance and
Parks: Grant Application identifying the source of matching funds for an outdoor recreation project
for IAC Grant Funds, (Springbrook Trail) to the Interagency Committee for Outdoor Recreation as
Springbrook Trail provided by the Marine Recreation Land Act. MOVED BY NELSON,
SECONDED BY TANNER, COUNCIL ADOPT THE RESOLUTION AS
PRESENTED. CARRIED.
The following ordinances were presented for second and final reading:
Ordinance #4443 An ordinance was read amending Chapter 5, Latecomer's Agreements, of Title
Planning: Private IX (Public Ways and Property) and subsection 5-1-I.B.I of Chapter 1, Fee
Latecomer's Agreement Schedule, of Title V (Finance and Business Regulations) of City Code relating
Regulations to private latecomer's actreements. MOVED BY STREDICKE, SECONDED
BY TANNER, COUNCIL ADOPT THE ORDINANCE. AS PRESENTED.
ROLL CALL: ALL. AYES. CARRIED.
Match 28, 1994 _Renton City Council.Mill nits EIIRC I.lt
Finance: Vouchers Finance Committee Chair Tanner presented a report recommending approval
of Claims Vouchers #110338 - 110759 and two wire tiansfers in the total
amount of $1,385,324.25. At'd approval of Payroll Vouchers #124975 -
125325 and 372 direct deposits in the total amount of $1,032,312.80, less
check 4110610 to Renton Civic Theatre. Mr. Tanner explained that the
Finance Committee is withholding approval of check #1 10610 until the
Administration can determine whether the funds were included in the 1994
budget. MOVED BY TANNER, SECONDED BY SCHLTTZER, COUNCIL
CONCUR IN THE COMMIT"TEE: REPORT. CARRIED.
Community Services Community Services Committee Chair Nelson presented a report
gmmitlee recommending concurrence in the staff recommendation to approve the
Parks: Grant Application applications for funding assistance for King County Conservation Futures
for King County Levy Funds for the following projects:
Conservation Futures Levy
Funds, May Creek Trail 1. May Creek Trail. Match monies will be derived from previously-
Parks: Grant Application committed Open Space Bond Issue Funds and Reserve Park Funds for this
for King County acquisition grant application.
Conservation Futures Levy 2. Springbrool: Trail. Match monies will be derived from Open Spac.• Bond
Funds, Springbrook Trail Issue Funds and King County Fee-in-Lieu of Funds for this acquisition
Parks: Grant Application grant application.
for King County 3. Lake Washington Vistas. Match monies will be derived from Open Space
Conservation Futures Levy Bond Issue Funds and Reserve Park Funds for this acquisition grant
Funds, Lake Washington application.
Vistas
The Committee further recommended that the three resolutions regarding
these matters be presented for reading and adoption. MOVED BY NELSON,
SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED. (See page 127 for resolutions.)
Parks: Grant Application Community Services Committee Chair Nelson presented a report
for EAC Grant Funds, recommending concurrence in the staff recommendation to authorize the
Cedar River Sports applications for funding assistance for LAC grant funds for the following
Complex projects:
Parks: ant Application
for IAC Grant Funds, 1. Cedar River Sports Complex. Match monies will be derived from Open
Springbrook Traii Space Bond Issue Funds and General Funds for this development grant
S� application in the Local Parks Category.
4'02. Springbrook Trail. Match monies will be derived from Open Space Bond
Issue Funds, King County Conservation Futures Levy Funds and Kiag
County Fee-in-Lieu of Funds for this acquisition project in the Local
Parks Category.
The Committee further recommended that the two resolutions regarding this
matter be presented for reading and adoption. MOVED BY NELSON
SECONDED EY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED. (See page 127 for resolutions.)
Building: Variance Fee Community Services Committee Chair Nelson presented a report regarding the
Waiver, Buyce request from Rich Buyce for a variance fee waiver. The Committee reviewed
the subject of fees for "minor variances." Given the fact that the Council will
shortly be considering a staff proposal to reduce the process and/or fee for
variances that would require significantly lass staff review, the Council
considered the possibility of waiving this particular fee. The Committee
recommended that it is appropriate at this time to waive the subject variance
fee since future application fees of this kind may be significantly reduced by
Council action. MOVED BY NELSON, SECONDED BY TANNER,
COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
Gall ll ''.`: : V/ L. �. .
,/ 1/.' ..d�
COMMUNITY SERVICES COMMITTEE
COMMITTEE REPORT
MARCH 28, 1994.
GRANT APPLICATIONS FOR INTFJU,G[.NCY COMMI I 11 l FOR OUTDOOR
RFCFZEAT"ION FUNDS .
P,-„erred 3/21/94)
The Community Services Con »:ttee recommends Conculroice in the :taft
recommendation to authorize the applications for funding assistance for I.A.0 Grant
Funds for the following projects.
1. Cedar River Sports Complex
Match monies will be derived from Open Space 11ond Issue Funds and Genera!
Funds for this development giant application in the I.ocal Parks Category.
2. Springbrook Trail
Match monle:s will be derived :rom Open Space bond Issue Funds, King Court'
Conservation Futures Levy Funds and King County Fee-In-Lieu of Funds for this
acquisition project in the Local Parks Category.
The Committee further recomn,cnds that the two (2) Resolutions regard:ag these
applications he presented for reading a: adoption.
•
Toni Nelson, Chair
,:Arse lanner, Vice-Chair
Kathy K.1,!ker-Whe(Aer, Member
cc: Sam Chastain
Leslie 13etlach
Vince Lee
9.1 Ik11mb
•
Mach 21� 19.94_.__ ___,---.___- Renton cjb QlIncii
Parks: :;.cdar River ! Community Services Department requested approval of the grant ,p2iication
Regional Park Open Space to the Washington State Department of Natural Resources for i . ' '• nding fre
rant, IAC funding 1 Cedar River Sports Complex. Refer to cornm-tmity,� rvicc7 � nee .cc,
Parks: Lake Washington • Community Services Department requested approval of grant application for
Vistas Open Space Grant, Lake Washington Vistas King County Conservation Iutu-en Levy funds.
King County Conservation Refer to cQmni i.Ly S vices.cymeti1tese
Futures Levy Funds
Finance: City Investment Finance Department submitted proposed City investment t... ;cies. Refer to
Policies l nance_Committu,.
Transportation: SR- Transportation Division submitted pnopc_,;d interlocal agreement with the
167/SW 2!th St HOV Washington State DOT to receive $344,000 in Federal grant funds for
Project, WSDOT Grant preliminary cngineeri::g for the SR-167/SW 27th Street high occupancy
vehicle (H0V) project. The City's match is $53,688. Refer to T menortetion
committee.
Utility: Fred Utilities Division submitted recommendation to defer assessment of sewer
Meyer/Renton Center Special Utility Connection Charges (SUCC) assneief with tenant
Project, Deferral of SUCC improvements linked to the Fred Meyer project in Renton Conte.. Refer to
Charges t ltili_LISs Crom-, itit .
ARE! Personnel Department recommended approval of the renewal of services from
Personnel: Third-Party third-party administrator Giesy, Greer & Gunn to administer the City's self-
Administrator Agreement insured plan covering auto, general liability and property cleirns. Refer to
Finance Commit;ae.
MOVED 1?Y STkEDICKE, SECONDED BY KFOLKER-WHEELER,
COUNCIL ADOPT THE CONSENT AGENDA NDA AS AMENDED. CARRIED.
OLD BUSINESS Council President Stredicke presented a Committee of the Whole report
Committee 4` the...note to regarding home business and license fees. Staff reviewed the possibility of
Finance: 1994 Home increasing emphasis in the area of home business and license fees as part of its
Business and License Fees i994 budget process. Staff recommended that no additional emphasis be
placed in this area over the already-approved 1993-94 program rf increased
business auditing. The Committee of the Whole recommended this item be
deleted from the referral list. MOVED 1W STREDICKE, SECONDED BY
SCIILITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT,
CARRIED.
Planning: Emergency Council President Stredicke presented a Committee of the Whole report
ccuomic Conditions and regarding emergency economic conditions. The Committee of the Whole
Regulatory Reform would like to review this topic, which consists of ►egulatory reform and
developing increased flexibility in the City's ordinances and codes, in more
detail with the Council as well as allow for greater review by the besine.ss
community. Part of this topic is now before the Planning and Development
Committee and future components will he referred to the appropriate
committee. The Committee of the Whoie recommended this item be deleted
from its referral list MOVED flY STREDICKE, SECONDED BY
SC.ULITZER, COUNCIL CONCUR IN TIlE COMMITTEE REPORT.
CARRIGD.
Ct 'OF RENTON COUNCIL AGENDA .ILL
.any + • .
's:�r_.a+ -^-'-,-M1—•c<c•;r.:��.....,... .w+.z-tns.�,:-mr._�s.::.:i.:_-.n.¢:.:�+wc:.rs:..•>.rra. ..�.._pu•.
it 1 IBMr?-TING DATA: FOR AGENDA OF: March 21, 1994
Dept/Div/Board De
r d.. Community Svc./Parks Admin.
Staff Contact.... .... ,AGENDA STATUS:
Leslie Betlach (x5549)
Consent . XX
SUB,K CT: Public Heating .
Cedar River Regional Park Grant Application Correspondence.__
to the State Department of Natural Ordinance . .. . .
Resources, I.A.C. for Development Funds '�°'s"'"''
Old Business . II
New Business...- .. I
EXHIBITS: Study session
a Draft Resolution Informa;ron . . .
o Project Location Map Other . . .
RECOMMENDED ACTION: Approvals
Refer to Community Services Committee Legal Dept XX
Finance Dep; . . .
Other . .. _... .. ..
.—.a_u�c•..��a,•�es�z�>:cs�..-. ®.�szar�::.^—.:.=.+r..=:�::a_•�• ___:-ss::_��:::'._::.:ri-:xs.�_,.::::a.:__.:s _,m:�-e�_s��.aaL-...va�ms.-:r.�c:r.u_.-rc.-.y.a:.sr_u I
.sase.:v.••..•.•_..•au�x-u+sr.:..+.c+.cva+ees-�u=xare-s.-.r-ara,..as:. ti-ar ar:rra� �r°,.::ea..._sr_.ire._ -_.rs..aa:�s:;:ucro'srxcasi.aavw+qua:vu-.a->uauaus:..rczra.-.+a-t
F SCAI- IMPACT:
Expenditure Required N/A 'Iransfur/Amendment
N/A
Amount 3udyeted..... . .. N/A Revenue Generated
_-.._,.. _ ..r�az.=.a•.:.s=:crz r..:_.;.;z:.^ac-.s.s:._ -st_..�.a,::--_:.-a.z=__r._• .r._.4.T:..—__ ..c=-._z=....r__--a=xca e:u.....:1-.--.2- __ -
._s �. �somas'_'.-1..:
SUMMARY OF ACTION:
Grant applications to the Interagency Corrim;;tee for Outdoor Recreation are due May 1, 1994. The
City is applying for the maximum amount of development funds ($300,000) in the Local Parks
Category for the first phase development of the Cedar River Regional Park. First phase develop-
ment will include paved parking for trail users, restroom facility, paved ti ails from the parking area j�
Iand restroorn to the river, 2 picnic shelf rs, underground utilities and rough grading of the soccer Il
and ballfields. This grant requ'res a 50% match. As part of the grant application, the funding
agency (I.A.C) requires a Resolution authorizing the Cityto apply forgrant monies including
Y 9
identifying the source of matching funds.
;i
d ageuda/94-14`idb
. Y/2 •
/. yl yc--
CITY (.)1.' RENTON, WA.`;ii I N(;•[')N
RE:;C)1.WI TON NO.
A RESOLUTION 07 THE CITY OF RENTON, WASHINGTON,
AUTHORIZING A LOAN FROM THE GENERAL FUND AND STREET FUND
TO THE PARKS DEPARTMENT FOR INTERIM FINANCING OF A
PROPERTY PURCHASE.
WHEREAS, the Parrs Deplr"t.ir' t. is closing !.he purchase of the
N,1RCc., .. ..t.e; and
WHEREAS, the purc:ha:. is being f:.l:'d(-g n•.du i y completely by
grant ::!Inds; a!u.1
WHEREAS, those grant fonds are not immediately available to
fund the .)urchase, but the purchase funds will be repaid by the
grants; and
WHEREAS, interim financing is necessary to close this
transaction wl.r.hl.it the contractual terms ot: the purchase; and
WHEREAS, there are funds available in the General. Fund and
Street Fund to provide the interim financing; and
WHEREAS, the Parks Department has agreed to repay the interim
financing from the grant funds; and
WHEREAS, the Parks Department has agreed to pay interest on
the money at the rate of 3 . 25% based upon not more than a one year
loan;
NOW, THEREFORE, TH. CITY COUNCf- OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS :
SECTION_I . The above recitals are found to be true and
correct in all respects .
SF.CTION__IT . The Parks Depar.t nu..nt: is hei eby authorized to
borrow up to $2, 300, 000 . t)0 from t.::e General and and Street Fund at
1
1----
I
t
RESuLUT'ION NO. 32? 3__
the rate of 3 . 25,k interest to be repaid from grant funds Over a 1
period oI: time not- !'.o exceed one year.
PASSED I_3i Lli! CITY COUNCIL,. this dayof fir.,;, mbor:1903 .
cs
"Marilyn 4-'.4 Petersen, City '.:Lerk
APPROVED BY THE MAYOR thi:a 13t h day of IP?e:44mbor_______.___
1993
Earl Clymer, Mayor .
Approv-:! as to form:
L. ence J. Wa °n, City Attorney
RES. 340 : 12/1/93 :as .
2
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CITY OF RENTON, WASHIN(;TON
RESOLUTION NO . 11
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE AND
IDENTIFYING THE SOURCE OF MATCHING FUNDS FOR AN OUTDOOR
RECREATION PROJECT TO THE INTERAGENCY COMMITTEE FOR
OUTDOOR RECREATION PROVIDED HY THE MARINE RECREATION LAND
ACT (CEDAR RIVER TRAIL) .
WHEREAS, the City CouncYi off the City of. Ftt!nou , Winhington, has
approved a "Comprehensive ?ark, Recreatlon and Open Soac. Plan" and
"Trails Master Plan" for the urban area which a trail
corridor, greenway system and parks lui:ay.ed ; (1. : e:'u. parIL of 'Ale
City; and
WHEREAS, under the provi.3ionu of the Maria, i/wation Land Act,
State and Federal funding as has been authorl..:e(! and made
available to aid in financing the . 0031: of land Co!" parit.n and the
construction of outdoor recreational facilities of local public
bodies; and
WHEREAS, the City CounciL of the City of Renton considers it: in
the best public interest to acquire 51 . 58 acres of land adjacent to
the Cedac River and the Cedar River Trail as part of the City ' s Cedar
River Creenway System in the eastern part of the City;
NOW, THEREFORE, THE CITY COUNCIL. OF T11 CITY OF RENTON,
WA!zwr.NGTON, DO RESOLVE AS FOLLOWS :
SECTION I The above recitals are found to be true and
correct in all respects .
SECTION . The Mayor iu authorized to make formal application
to the Enteragency Commit.. tte for Outdoor Recreation ior funding
atisLauce.
. ,_.1J J'ON NO. -'cl/ '
•
SECTION III . Any fund assistance so received shall be used in
the acquisition of ac:l-'oatl(. t )'. .1'.:.tid in the eastern pal: t (.)l: the City at
Renton, Washington .
SECTION IV The C; • ' I= the i '
_ _... _; :, share of t_�l l I:�i ,C(�C. W ._ l:(. _ e.- .. .'eil
from Op-in Space Bond issue Fuundt; .
SECTION V. :any 1?1 Or1c?1':.y c]Caa i'r ed with financial did through
the interagency Comun.i.t.t:.e:ez for Outdoor Recreation :..; all be placed in
use as an outdoor recreation ran.l.i. rt:y or habitat: conservation area and
be retained in such use in perpetuity un less as otherwise provided and
agreed to by the City Council , the Interagency Committee for. Outdoor
Recreation, and any affected federal. agency .
SECTION VI . The City of Renton does hereby certify that t:he
City is responsible to support all non cash c ntnitmenr.s trotn third
parties to the Local share should they not materialize .
SECTIONVII. This resolution shut. t. become part: at a formal
application La the Interagency Committee for Outdoor Recreation .
SECT ON_._V'III . Adequate notification has been given and
opportunity provided for public input: .
C
PASSEDI !rl) M )y (.
BY THECITY COUNCIL this of 1993
MarilynJ.J . Petersen, CityClerk
--��
APPROVED BY THE MAYOR this __,_-.-1 1.tf)_.._.. day of _Mal__ __. _._.., 1993 .
(s
Ea 4 Clymer, Mayor
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.o.yr[oN NO. 2971
Approved s to
at/v.41447
Lawr:P.flCt 3 . war - , city At t 0 rney
RES .288 : 5/ 1 .1/93 : .
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