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HomeMy WebLinkAboutR-2009-074 Upper Kiwanis Park Project Agreement with Sun Yakima, LLCRESOLUTION NO. R-2009-74 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with Sun Yakima, LLC for property acquisition and compensation concerning Kiwanis Park and the Sports Complex Project WHEREAS it is necessary for public use and in the public interest that the City develop improvements known as the Sports Complex Project ("Project") in the vicinity of Kiwanis Park that add recreational opportunities for the community and such improvements are in accordance with Resolution No. R — 2006-106 approved and adopted by the Yakima City Council July 11, 2006; and WHEREAS Sun Yakima agreed to contribute $ 500,000 for the Project with $200,000 designated for property acquisition and $300,000 for development in order to secure state matching funds in like amounts for the same purposes as part of the hereinafter described Washington State RCO Grant Application; and WHEREAS Sun Yakima has completed its property acquisition obligations and donated five parcels of property to the City for the Project at a cost of $560,328; and WHEREAS Sun Yakima is now requesting matching funds of $200,000 for the Yakima Rotary Trust pursuant to a letter from its accountant, John Rothenbueler, dated January 9, 2009 attached here, marked Exhibit "A" and incorporated by this reference, as said Trust advanced the $200,000 Washington State RCO matching grant in order to acquire the five parcels of property; and WHEREAS Sun Yakima further committed to contributing an additional $300,000 to the Project in conformance with the RCO Grant Application approved by the Council on July 11, 2006, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is herby authorized and directed to execute an agreement between the City and Sun Yakima LLC. ADOPTED BY THE CITY COUNCIL this 19th day •= , 2009. ATTEST: City Clerk David Edler, ayor CITY OF YAKIMA AND SUN YAKIMA, LLC AGREEMENT FOR PROPERTY ACQUISITION AND DEVELOPMENT This agreement is entered into between the City of Yakima, state of Washington (hereinafter the "City") and Sun Yakima, LLC (hereinafter "Sun Yakima") concerning Kiwanis Park and the Sports Complex Project. RECITALS WHEREAS it is necessary for public use and in the public interest that the City develop improvements known as the Sports Complex Project ("Project") in the vicinity of Kiwanis Park that add recreational opportunities for the community and such improvements are in accordance with Resolution No. R — 2006-106 approved and adopted by the Yakima City Council July 11, 2006; and WHEREAS Sun Yakima agreed to contribute $ 500,000 for the Project with $200,000 designated for property acquisition and $300,000 for development in order to secure state matching funds in like amounts for the same purposes as part of the hereinafter described Washington State RCO Grant Application; and WHEREAS Sun Yakima has completed its property acquisition obligations and donated five parcels of property to the City for the Project at a cost of $560,328; and WHEREAS Sun Yakima is now requesting matching funds of $200,000 for the Yakima Rotary Trust pursuant to a letter from its accountant, John Rothenbueler, dated January 9, 2009 attached here, marked Exhibit "A" and incorporated by this reference, as said Trust advanced the $200,000 Washington State RCO matching grant in order to acquire the five parcels of property; and WHEREAS Sun Yakima further committed to contributing an additional $300,000 to the Project in conformance with the RCO Grant Application approved by the Council on July 11, 2006, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is therefore agreed by and between the City and Sun Yakima as follows: CITY OF YAKIMA AND SUN YAKIMA 1 AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION AGREEMENT 1. Consideration and Payment. Sun Yakima has completed its property acquisition and donation obligations for the five parcels, abutting the Northwest corner of Kiwanis Park, as described in the Washington State RCO Grant packet, attached here, marked Exhibit "B", and incorporated by this reference; and, the City agrees to pay $200,000 to Sun Yakima or the Yakima Rotary Trust, as Sun Yakima designates, for the property donation to the City. 2. Project Performance. Sun Yakima shall further contribute not less than $300,000 towards the development of the project as described in City Resolution No. R-2006-106, attached here, marked Exhibit "C" and incorporated by this reference. The nature of this contribution shall include, but is not limited to, the following: funding, materials, construction, site preparation, labor, and/or electrical work as well as planning, architectural and/or engineering services. The City shall contribute a like amount towards development of the Project in compliance with RCO Grant conditions. The City shall have overall responsibility for completion of the Project in accordance with the approved master plan and related specifications and Sun Yakima shall be responsible only for those portions of the Project which it agrees to undertake and complete. 3. Time of Completion. The contributions describe in Section 2 of this Agreement shall be made or completed by September 30, 2010 to the extent that the Washington State RCO reimbursable grant conditions are satisfied. 4. Indemnification. Sun Yakima agrees to indemnify and shall hold the City harmless from any and all claims or causes of action which may result from its negligent actions or omissions, including its agents, employees or assigns arising out of the Project or a breach of this Agreement. Similarly, the City agrees to indemnify and shall hold Sun Yakima harmless from any and all claims or causes of action which may result from its negligent actions or omissions, including its agents, employees or assigns arising out of the Project or a breach of this Agreement. Were any such claim or cause of action to arise out of the concurrent negligence of the parties, including anyone for whose acts each CITY OF YAKIMA AND SUN YAKIMA 2 AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION may be liable, it is agreed that each party's obligation to indemnify under this Section 4 shall be effective only to the extent of its own negligence or, where applicable, the negligence of anyone for whose acts it may be liable. Nothing contained in this Section 4 or this Agreement shall be construed to create a liability or a right of indemnification in any third party. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 5. Understanding and Acceptance. Sun Yakima has completely read this Agreement and fully understands and voluntarily accepts it for the purpose of describing any and all obligations it may have with respect to the subject matter hereof. 6. Amendment. The terms and conditions of this Agreement shall not be amended or modified except in writing signed by the City and Sun Yakima. 7. Integration. This Agreement is fully integrated and constitutes the entire agreement of the parties. There are no other outstanding agreements between these parties. 8. Construction. This Agreement has been reviewed and approved by each of the parties after negotiation of the terms thereof. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of the agreement shall be in all cases construed as a whole according to the fair meaning of the agreement and not strictly construed for or against any party. 9. Severability. If any provision herein is held invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 10. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by Sun Yakima to any other person or entity without the prior written consent of the City In the event that such prior written consent to an assignment is granted, then the CITY OF YAKIMA AND SUN YAKIMA 3 AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION assignee shall assume all duties, obligations and liabilities of Sun Yakima stated herein The foregoing notwithstanding, it is contemplated and expected that portions of the in-kind contributions in Section 2 will be provided by the Lions Trust, Kiwanis Trust and Yakima Rotary Trust or the community service clubs associated with this Trusts which shall be permitted under this Agreement. 11. Termination. Either party may terminate this Agreement, with or without cause, by written notice to the other party given not less than thirty (30) days in advance of termination. If the termination is for cause, the notice shall state the nature of the alleged default and the party to whom notice is given shall have thirty (30) days in which to cure the default, and if it should do so to the reasonable satisfaction of the party giving notice, this Agreement shall not terminate In the event of termination, whether with or without cause, any amounts contributed by either party as of the termination date shall be nonrefundable, and further, each party shall fulfill its minimum contribution obligations to satisfy the Washington State RCO Grant conditions, as set forth in Section 2 above, unless otherwise agreed in writing 12. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 13. Waiver of Breach. A waiver by either party hereto of a breach by the other party of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 14. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: CITY OF YAKIMA AND SUN YAKIMA 4 AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION TO CITY: TO SUN YAKIMA: R. A. Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Sun Yakima, LLC Attn: Yakima Rotary Trust President P.O. Box 464 Yakima, WA 98907-0464 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 15. Third Parties. The City and Sun Yakima are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 16. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington 17. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima, County, Washington. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. SUN YAKIMA, LLC By ��+�-�` r Zie.r..:h lyo President, YJa ima '6 ry Trust, sole member and manager of Sun Yakima, LLC Date ��,i4/0 9 CITY OF YAKIMA AND SUN YAKIMA 5 AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION THE CITY OF YAKIMA By R. A. Zais, Jr., City Manager 421oi Date City Contract No. ,j/'q �i3 Date S/2_4/0q City Resolution No. igae(3= 7'/ CITY OF YAKIMA AND SUN YAKIMA 6 AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION Exhibit "A" Sun Yakima, LLC PO Box 464 Yakima, WA 98907 January 9, 2009 Mr. Chris Warwick, Public Works Director City of Yakima Parks & Recreation 2301 Fruitvale Blvd. Yakima, WA 98902 Re: Reimbursement for Match Portion Advanced to Purchase Parcels at Kiwanis Park Dear Mr. Warwick: Enclosed are copies of settlement statements from Sun Yakima, LLC purchase of four parcels (#23031, #23032, #23033 and #23034) that have since been deeded over to the City of Yakima. Yakima Kiwanis Charitable Trust Foundation, Yakima Lions Club Charitable Trust and Yakima Rotary Trust equally contributed funds to (Sun Yakima, LLC) required to acquire the property in excess of the government funds that are to be provided in the amount of $200,000. In addition, Yakima Rotary Trust advanced $200,000 to Sun Yakima, LLC in order to close on the properties. Sun Yakima, LLC now requests that the government funds in the amount of $200,000 be paid in order that Yakima Rotary Trust may be reimbursed for the funds it advanced. While the initial cost was estimated to be $400,000 for acquiring the parcels, the final total ended up being approximately $560,000. We would like to address the additional $160,000 paid by the three trusts in order to acquire the property with you in the near future, however we do not wish that to hold up transfer of the $200,000 to Sun Yakima, LLC. If there are any other items or procedures that need to be completed in order to collect the $200,000, please advise us at your earliest convenience. If you have any questions or need further information, please do not hesitate to contact me. Sincerely, ohn K. Rothenbueler Certified Public Accountant jrk/sf cc Hank Heffernan, Yakima Rotary Trust Mike Wilson, Yakima Kiwanis Charitable Trust Foundation Dick Elliott, Yaldma Lions Club Charitable Trust EXPLANATORY NARRATIVE Capital Improvements - Kiwanis Park - Phase 1 is the flagship capital improvement project of 2009. The budgeted amount for the improvements is $1,175,000. Improvements to include: one new ball field, restroom, additional parking and site preparation. Financing for this project is through state Recreation and Conservation Office Grant [RCO], Parks Capital Fund, short term financing and additional contributions from Capital Reserves (See Parks and Recreation budgeted Policy Issue). 2008 2008 2009 2007 AMENDED YEAR-END PROPOSED ACTUAL BUDGET ESTIMATE BUDGET EXPENDITURES - CAPITAL PROJECTS Other Capital Projects/Improvements $25,117 $70,000 $70,000 $100,000 Kissel Park Improvements (1800) 9,448 40,000 0 0 Kiwanis Park Construction (1924) 545 300,000 300,000 0 Aquatic Playground (2134) 86,764 0 0 0 Aquatic Study (2135) ' 52,500 22,500 22,500 0 S.E. Community Center Improvements (2169) 224,480 0 0 0 Kiwanis Fourth Ball field (2171) 23,685 0 0 0 Lions Pool Rehabilitation (2186) 231,661 3,338 3,400 0 Elks Park Restroom (2187) 0 100,000 105,000 0 Upper Kiwanis Development (2212) 2,160 900,000 50,000 1,175,000 Franklin Pool Rehabilitation (2225) 0 5o,000 30,000 0 Harman Center Parking Lot (2226) 0 35,000 40,000 0 Harman Center Sign (2235) 0 35,000 0 0 TOTAL EXPENDITURES $656,361 $1,555,838 $620,900 $1,275,000 REVENUES Interest From Investments $34,786 $15,000 $15,000 $15,000 Operating Transfer (Various Projects) m 200,000 250,000 250,000 250,000 Kiwanis Skate Park Donation (2023) 505 50,000 50,000 0 Upper Kiwanis Development (2212) 0 500,000 27,500 475,000 Contribution - Upper Kiwanis 0 300,000 0 0 Development / Land (2212) Bond - Upper Kiwanis Development (2212) 0 0 0 500,000 TOTAL REVENUES Beginning Unencumbered Balance TOTAL RESOURCES $235,291 $1,115,000 $342,500 $1,240,000 $894,893 $336,224 $472,823 $195,423 $1,130,184 $1,451,224 $816,323 $1,435,423 (1) The Operating Transfers are from Public Works Trust Construction the first .25% of the Real Estate Excise Tax (REET 1). • Preliminary Budget . Public Works - 91 City of Yakima Kiwanis Park co, yo.. 2,16 C 1• 144.. ittic.n Scale —I in = 200ft • • O 0 I00 200 Created: May 31, 2007 1 inch = 70 feet NORTH City of Yakima Dept of Public Works 2301 Fruitvale BIv0 Yakima, WA 98902 Fair Ave, Kiwanis Park • COUNCIL TRANSMITTAL November 18, 2008 To: Honorable Mayor and Members of the City Council City Manager Dick Zais From: Chris Waarvick, Director of Public Works ‘,"Ken Wilkinson, Parks and Recreation Manager Subject: Upper Kiwanis Redevelopment Project We are happy to report the accomplishment of two major steps in the Upper Kiwanis Redevelopment Project: completion of construction and official opening of the skate park and the official addition of five parcels of land (1.88 acres) to the park's northwest corner. Parks and Recreation will work with the City Engineering Department throughout the winter months to develop a final plan for construction of the project's remaining elements beginning next spring. Three financial spreadsheets have been attached to provide you with an overview of expenditures so far. • Attachment A details actual expenditures for the current Kiwanis Park Redevelopment Project including the property acquisition and the skate park through November 18. • Attachment B lists the current project elements, their estimated costs and the sources of revenue to pay for them including a $500,000 line of credit policy issue proposed for the 2009 budget. • Attachment C summarizes expenditures the current project elements, including those required by the State's Recreation and Conservation Office grant, over a three-year period, 2008 through 2010. The project is expected to conclude by summer 2010. Also included is Attachment D which summarizes expenditures for Kiwanis Park improvements from 2000 through 2010 as well as a copy the RCO grant application summary_ (Attachment E), the award letter and agreement (Attachment F) and the 2006 City Council resolution authorizing the application submittal (Attachment G). Attachment A Upper Kiwanis Redevelopment Project Expenditures to Date Total Spent to Total Spent by Date City Property Acquisition 5 parcels of land (funded by service clubs) $560,000.00 Appraisal reviews $1,200.00 Recording fees $486.40 Harardous material inspection $8,217.49 Abatement $12,280.70,; Demolition Demoliton permits $522.60 Acquisition Subtotal $582,707.19 $22,707.19 Redevelopment to date Currently working with Engineeering to develop plan for one ballfield, new restroom, sport courts (basketball and volleyball), parking, handicap access and Title 12 improvements to Maple. Development Subtotal $0.00 $0.00 Skate Park Grindline Construction Grindline (Retainage) Grindline Subtotal City Engineering Services City Engineering Subtotal $315,645.92 -$14,586.23 $301,059.69 $13,789.67 $13,789.67 Miscellaneous Yakima Herald -Republic $300.72 WesTurf. Sof $2,455.11 Yakima Herald -Republic $300.72 Miscellaneous Subtotal $3,056.55 IPR #31088/Kiwanis Tr Siubtotal Skate Park Subtotal -$40,000.00 -$40,000.00 KIWANIS REDEVELOPMENT SUBTOTAL TO DATE 11/19/08 $277,905.91 $277,905.91 $860,613.10 $300,613.10 DEVELOPMENT COST ESTIMATES Upper Kiwanis Redevelopment Attachment B Estimated Cost Comment Revenue Source SKATE PARK PROJECT Skate Park $325,100 under construction $225,000/City Bond $25,000/Tony Hawk Grant $35,600/Kiwanis Donation 14,500 /Block Grant Money $25,000/CBDG SKATE PARK TOTAL COST $325,100/Total UPPER KIWANIS REDEVELOPMENT PROJECT <Restrootn :',$110;000 HLA preliminary estimate (4/08) _ $1,016,803 Pre -Fab Concrete Unit AlPathwayj. ay 67 000 HLA preliminary estimate (4/08) for 24 spaces :Site'Pre $88;000;. HLA preliminary estimate (4/08) iignage' Mitres Relocation:' 121000:='' $110,000:.;:. ermrts 5,00 Taxes 5000 Grant ($500,000) plus $100,000 from Parks Capital Budget plus Line of Credit ($500,000 to be repaid with five years of REET 1 Parks capital allocations) Contingency Playground $50,000 Legend's Grant/Rotary (Mendenhall) Volleyball Court $5,000 In-house Basketball Court $10,000 In house TOTAL PROJECT COST $1,170,700 Excludes skate park, play equipment, sports courts TOTAL CITY; CONTRIBUTION.: $100 (REET 1) Parks Capital plus $500 line of credit (REET 1) TOTALRCO GRANT:., :$500,000 Matched by service club land donation GRAND .TOTAL $1,560,800 Except demolition hazard 11/19/08 Includes all features ous materi inspection, kavarous material removal and al d 11/19/08 • 3 -YEAR SPENDING PLAN Upper Kiwanis Redevelopment Project RCO Reimbursement Period: November 22,2007 to September 30, 2010 ro e rr n Grant Elements Estimated Cost ear of Expenditure Provided by Others or City Forces (Grant, Parks 2008 2009 2010 Skate Park $325,100 $325,100 One Ball Field $400,000 $400,000 Restroom $110,000 $110,000 Volleyball Court $5,000 $5,000 Basketball Court $10,000 $10,000 Playground $50,000 $50,000 Parking $71,000 $71,000 ADA Pathway $67,000 $67,000 Title 12/Maple Street $192,000 $192,000 Site Prep $88;000 $88,000 Signage $700 $700 Utility Relocation $12,000 $12,000 A/E $110,000 $60,000 $50,000 Permits $5,000 $5,000 Sales Tax $55,000 $40,000 $15,000 Contingency $60,000 $35,000 $25,000 TOTAL $1,560,800 $325,100 $821,000 $349,700 $65,000 Interagency Committee for OOTOOOR RECRERTION Washington Wildlife and Recreation Program Local Parks Category Post -Evaluation .Project Summary Attachment E _E: Upper Kiwanis.Park Redevelopment/Phase 1 NUMBER: 06-1687C (.Combined) STATUS: Board Funded SPONSOR: City of Yakima EVALUATION SCORE: 50.0556 BOARD RANKING: COSTS: WWRP - Local Parks $500,000 Local $792,500 Total 39% 61% $1,292,500 100% SPONSOR MATCH: Bonds - Council Cash Donations Donated Labor Force Acct - Equipment Force Acct - Labor Force Acct - Materials DESCRIPTION: Yakima will use this grant to add nearly 2 acres to the Upper Kiwanis Park and equip the park with modern recreational amenities such as an 8,800 -square -foot skate park, a youth baseball field, a volleyball court, basketball court, play equipment, a new restroom, and parking. Members of the Yakima Lions, Kiwanis, and Rotary clubs have joined forces to spearhead the improvements and have provided .$500,000. This is in addition to the $700,000 they contributed to the initial. development. Yakima will contribute $792,500 in council bonds, 'equipment, labor, materials, and donations of cash and labor. CATION INFORMATION: Central Yakima CuUNTY: Yakima SCOPE (ELEMENTS): Administrative costs Outdoor Courts & Athletic Areas Signing Allowable land costs Parking Site Preparation Architectural & Engineering Permits Trails Athletic Fields Playground Utilities Cultural Resources Restrooms Incidentals Sales Tax ANTICIPATED ACREAGE: ACREAGE TYPE Acres To Acres To Be Acquired Be Dev/Resto`red Uplands 1.88 1.88 Acres To Be Renovated 8.60 FISCAL YEAR: 2008 DATE PRINTED: November 16, 2007 Natural Resources Building 1111 Washington St SE Olympia WA 98501 - 2Box40917 impia WA 98504-0917 November 16, 2007 Denise Nichols Yakima Parks & Recreatioh 2301 Fruitvale Blvd Yakima, WA 98902 STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE RE: Upper Kiwanis Park Redevelopment/Phase 1, RCO #06-1687C Dear Ms. Nichols: Attachment F/1 (360) 902-3000 TTY (360) 902-1 Fax: (360) 902 E-mail: info@rco.wa.gov . Web site: www.rco.wa.gov Congratulations on yoursuccessful application for the Upper Kiwanis Park Redevelopment/Phase 1 project. Your project is administered by the Recreation and Conservation Funding Board (RCFB). Enclosed are two original sets of project agreement materials. Each set contains the Project Agreement, Milestone Report, Eligible Reimbursement Activities Report, and an Invoice Voucher. Also enclosed are policy manuals for reference as you implement your project and seek reimbursement. After reviewing your Project Agreement materials, please; have the appropriate;_ person sign each Project Agreement,arid'return one signed original:, -Once the Project Agreement is. signed and returned, the Upper Kiwanis Park Redevelopment/Phase 1 project can commence. Prompt implementation and completion of your project is extremely important and will ensure the continuing success and credibility of the Washington Wildlife and Recreation Program by demonstrating effective results to citizens and policy makers. We encourage you to offer appropriate media opportunities to help build public awareness ofthe projects purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the public's understanding of the value the funding providesto communities. Please notify your RCFB project manager of any event celebrating your project's beginning or completion. As always, staff is available to answer questions that may arise during project implementation. If you need assistance, please contact Adam Cole at (360) 902-3084 or AdamC@rco.wa.gov. Thank you again for helping make this valuable investment in Washington State's recreation, conservation, and natural resources. Sincerely, Rachael Langen Deputy Director Enclosures Recreation and Conservation Funding Board • Salmon Recovery Funding BoardWashington Biodiversity Council za els WV RP:Proje.ct Agreement Outdoor Recreation Account Attachment F/2 iject Sponsor:• City of Yakima ' :: •Project.Number: 06-1687C Project Title: Upper Kiwanis Park- Redevelopment/Phase.1. Approval Date: 6/7/2007 • A. PARTIES OF THE:AGREEMENT This Project Grant Agreement .(Agreement).is entered -into between:the' Recreation and Conservation Funding Board (RCFB), P.O. Box4091,7,:Olympia,` Washington 98504-0917'andCity of.Yakima,129:N Second St, Yakima, WA 98901(Sponsor) and shall be binding upon'the agents:and all.persons:acting by orthrough the:parties. B. PURPOSE .OEAGREEMENT. , This -Agreement sets opt the .termsand conditions:bywhich•a:grant rs,made:from the -Outdoor Recreation Account of the State. of Washington'sGeneral Fund. The grant is administered by the RCFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's on-going obligation for the above project is;perpetual unless otherwiseidentified in this. Agreement. E. PERIOD OF PERFORMANCE The Project: reimbursement, period shall begin on November 22, 2007 and end on September 30, 201'0.No expenditure.made'before or afterthis.period is eligible for reimbursement unless incorporated by written amendment into this Agreement: PROJECT FUNDING''=" The'total grant award provided by the RCFB`forthis project shall not exceed $500,000.00. The RCFB shall not pay any amount beyond that approved for funding of the project The Sponsor shall be responsible for all total.:project costs that exceed this amount. The contribution` by the Sponsoraoward work on this project:at'a-rninimum'shall'.be as indicated below: Percentage DollarAmount RCFB - WWRP - Local Parks Project Sponsor Total Project Cost ..38.68% 61.32% .$500,000.00 $792,500.00 100.00% $1,292,500:00 G. RIGHTS AND OBLIGATIONS AH rights and obligations of the parties to this. Agreement are subject to this Agreement and its, attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. . COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCO POLICIES • This. Agreement is governed by, and the. Sponsor shall comply with,. all applicable state and federal laws and regulations; including Chapter 79A.15 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. WWRP Project Agreement Outdoor Recreation Account Chanter 79A.15 RCW. Chapter 286 WAC Page'l of 2 `C OF CITY ouN U§IOES • siliN6T ON NT" ATEME • AGENDA ST esoIutior Authonzing rant Apphcation to the InteragencyComm, did6itFie&oitiooL.(14%-for:9000(Kiwanis Park Redevelopment. • Attachment G RESOLUTION .NO.. R -2006-1o6 (Project #061687C: Upper Kiwanis Park Redevelopment/Phase 1) A RESOLUTION authorizing application for funding assistance for a Washington Wildlife and Recreation Program.(WWRP) project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 79A.15 RCW, for restoration and acquisition of outdoor recreation lands. WHEREAS, the City of Yakima has approved a Parks and Recreation Comprehensive Plan that includes this project area; and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition and facility restoration; and WHEREAS, the City of Yakima considers it in the best publicinterest to complete the land acquisition and facility restoration project described in the application; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager be authorized to make formal application to IAC for funding assistance; 2. Any fund assistance received be used for implementation of the project referenced above; .3. The City of Yakimahereby certifies that its share of project is committed and will be derived from donations from the combined donations from the Yakima Kiwanis, Lions and Rotary Clubs supplemented by donated. labor and force account labor, materials and equipment; 4. We acknowledge that we are responsible for supporting all non-cash commitments to the sponsor share should they not materialize; 5. We acknowledge that any property acquired or facility restored with IAC financial aid must be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Yakima and IAC. (Generally, IAC approves removing facilities from the perpetuity requirement when the facilities have reached their designed life expectancy, or because of extraordinary vandalism, acts of nature, fire, etc.); 6. This resolution becomes part of a formal application to IAC; and 7. We providedappropriate opportunity for public comment of this application. ADOPTED BY THE CITY COUNCIL this 11th day of July, 2006. Attest: lst KAREN, S. ROBERTS Karen S. Roberts, City Clerk /s/ DAVID EDLER David Edler, Mayor Certified to be .a true and corrept5opy original filed in my office. rf///V D� CITY CLE y ;44 I Mq 97. syr N\ • • HEM 11'1'LE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8 For Meeting of May 19, 2009 A Resolution authorizing an Agreement with Sun Yakima, LLC for reimbursement of property acquisition and development expenses for the Upper Kiwanis Park Project SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager Lawrence Watters, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of the attached resolution authorizing execution of an agreement between the City of Yakima and Sun Yakima, LLC reimbursing property acquisition expenses for ultimate incorporation of this property into the Upper Kiwanis Park Project. Sun LLC, a legal consortium of the Rotary, Kiwanis, and Lion's Trusts has continued its generous assistance to the Community by completing the purchase of five parcels of property for $560,000. This agreement would reimburse $200,000 towards property acquisition of the five parcels and describes the addition of $300,000 for development costs, which conforms to RCO Grant requirements; however, this agreement does not predetermine a master plan for the development of the property acquired utilizing the donated funds. Resolution X Ordinance _Contract _ Other (Specify) Agreement, letter dated Ian 9, 2009, maps, RCO Grant Agenda Statement dated July 11, 2006 Contract Mail to (name and address): Toe Faulk, Attorney Funding Source Parks and Recreation Capital Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council to adopt the Resolution authorizing and directing the City Manager of the City of Yakima to execute an agreement with Sun Yakima, LLC for property acquisition and compensation concerning Kiwanis Park and the Sports Complex Project. 411/ BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Service Club Trust (Sun LLC) approved the attached agreement on May 7, 2009. COUNCIL ACTION: