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RES4145CITY OF RENTON, WASHINGTON RESOLUTION NO. 4145 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING RESOLUTION NO. 4138, AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR AN AQUATIC LANDS ENHANCEMENT ACCOUNT PROJECT TO THE RECREATION AND CONSERVATION OFFICE AS PROVIDED IN CHAPTER 79.90.245 WAC 286 AND SUBSEQUENT LEGISLATIVE ACTION (RIVERVIEW PARK PEDESTRIAN BRIDGE AND HABITAT PROJECT). WHEREAS, on April 16, 2012 the City adopted Resolution No. 4138 authorizing the application for an Aquatic Lands Enhancement Account (ALEA) grant; and WHEREAS, Resolution No. 4138 did not contain certain language required by the application; and WHEREAS, it is necessary to amend Resolution No. 4138 to include a new SECTION V to identify the City's commitment to match the grant; and WHEREAS, the City of Renton has approved a comprehensive Parks, Recreation and Natural Areas Plan that includes this project area; and WHEREAS, under the provisions ofthe ALEA, state grant assistance is requested to aid in financing the cost of facility development and restoration; and WHEREAS, the City of Renton considers it in the best public interest to complete the facility development and restoration project described in the application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE THAT RESOLUTION NO. 4138 IS AMENDED TO READ AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor is authorized to make formal application to the Recreation and Conservation Office for funding assistance. 1 RESOLUTION NO. SECTION III. Any grant assistance received will be used for direct costs associated with implementation ofthe project listed above. SECTION IV. The City of Renton hereby certifies that the matching share will be derived from a Land and Water Conservation Fund (LWCF) Grant. SECTION V. The City of Renton hereby certifies that the ten percent (10%) matching share ofthe total project cost will be derived from the Charles L. Custer Park Memorial Fund. SECTION VI. The City of Renton acknowledges that the City is responsible for supporting all non-cash commitments to this project should they not materialize. SECTION VII. The City of Renton acknowledges that the grant assistance, if approved, will be paid on a reimbursement basis, meaning the City will only request payment from the Recreation and Conservation Office after eligible and allowable costs have been incurred and payment remitted to the City's vendors, and that the Recreation and Conservation Office will hold retainage until the project is deemed complete. SECTION VIII. The City of Renton acknowledges that any facility developed and/or property restored through grant assistance from the Recreation and Conservation Funding Board must be reasonably maintained and made available to the general public unless other restrictions have been agreed to by the Recreation and Conservation Office Director or the Recreation and Conservation Funding Board. SECTION IX. The City of Renton acknowledges that any facility developed and/or property restored with grant assistance from the Recreation and Conservation Funding Board must be dedicated for public purposes and be retained and maintained for perpetuity 2 RESOLUTION NO. 4145 otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board. SECTION X. This resolution becomes part of a formal application to the Recreation and Conservation Office for grant assistance. SECTION XI. The City of Renton provided appropriate opportunity for public comment on this application. PASSED BY THE CITY COUNCIL this 14th day of May , 2012. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 14th day of May , 2012. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1558:4/30/12:scr 3