HomeMy WebLinkAbout05/19/2009 08 Upper Kiwanis Park Project Agreement with Sun Yakima, LLC ill BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8
For Meeting of May 19, 2009
l'1'EM '1TYLE: 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 Wafters, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575 -6020
SUMMARY EXPLANATION:
411)
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.
41/ BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Service Club Trust (Sun LLC)
approved the attached agreement on May 7, 2009.
COUNCIL ACTION:
Sun Yakima, LLC
4111 PO Box 464
Y akima, 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.
III 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, Yakima Lions Club Charitable Trust
III
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 (2995) 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 ID
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 $235,291 $1,115,000 $342,500 $1,240,000
Beginning Unencumbered Balance $894,893 $336,224 $472,823 $195,423
TOTAL RESOURCES $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).
410
Preliminary Budget e Public Works - 91
• RESOLUTION NO. R -2009-
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
411 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 _ day of May, 2009.
David Edler, Mayor
ATTEST:
City Clerk
•
• 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. Severabilitv. 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 Tess 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: R. A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO SUN YAKIMA: 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 ari original, but all of which shall
constitute one and the same Agreement.
SUN YAKIMA, LLC
By
President, Yakima Rotary Trust,
sole member and manager of Sun
Yakima, LLC.
Date
CITY OF YAKIMA AND SUN YAKIMA 5
AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION
THE CITY OF YAKIMA
By
R. A. Zais, Jr., City Manager
Date
City Contract No. Date
City Resolution No.
.41)
•
CITY OF YAKIMA AND SUN YAKIMA 6
AGREEMENT FOR PROPERTYACQUISITION AND COMPENSATION
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Yakima, WA 98902
• 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
o ment Project Expenditures Kiwanis Redevelopment enditures to Date p l p
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 $315,645.92
Grindline (Retainage) - $14,586.23
Grindline Subtotal $301,059.69
City Engineering Services $13,789.67
City Engineering Subtotal $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 - $40,000.00
Siubtotal - $40,000.00
Skate Park Subtotal $277,905.91 $277,905.91
KIWANIS REDEVELOPMENT SUBTOTAL TO DATE $860,613.10 $300,613.10
11/19/08
DEVELOPMENT COST ESTIMATES AttachmentB
• Upper Kiwanis Redevelopment
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
HLA preliminary estimate
One %Ballfield;(225) $400 000 (4/08) _ $1,016,803
<Restroom $110000. Pre -Fab Concrete Unit
HLA preliminary estimate
'Pazkmg $71000 (4/08) for 24 spaces •
ADA Pathway $67 000 Grant ($500,000) plus $100,000
Maple Street Title 12 HLA preli minary estimate
(4/08) from Parks Capital Budget plus
• $192 000 Line of Credit ($500,000 to be
Improvements repaid with five years of REET 1
� $88 000
Parks capital allocations)
°`Site Prep ;. '
:Signage $700
Uttlittes Relocation $12 000
•
Permits ,$5,000
Taxes' ` $55 000
Contingency $60 000.
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 '$600.000 $100 (REET 1) Parks Capital plus $500 line of credit (REET 1)
• TOTA RC
L GRANT .', z$500 000 Matched by service club land donation
® GRAND .TOTAL $1,560,800 Includes all features ***
***Except hazardous material inspection, hazardous material removal and
demolition
11/19/08
3 -YEAR SPENDING PLAN
Upper Kiwanis Redevelopment
. Project RCO Reimbursement Period: November 22,2007 to September 30, 2010
Estimated Provided by
Grant Elements Others or City
Cost ear of Expenditure 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
r
Sales Tax $55,000 $40,000 $15,000 e
Contingency $60,000 $35,000 $25,000
rr
n
TOTAL $1,560,800 $325,100 $821,000 $349,700 $65,000
11/19/08 •
III IIII
Attachment E
Ca tterfor Washington Wildlife and Recreation Program
OU1000R Local Parks Category
RECREflTION
Post-Evaluation .Project Summary '
_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: SPONSOR MATCH:
WWRP - Local Parks $500,000 39% , Bonds - Council
Local $792,500 61% Cash Donations
Donated Labor
Force Acct - Equipment
Force Acct - Labor
Total $1,292,500 100% 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.
C ATION INFORMATION:
Central Yakima
CuUNTY: Yakima • .
•
SCOPE (ELEMENTS):
Administrative costs Outdoor Courts & Athletic Areas Signing
Allowable and costs Parking • Site Preparation
Architectural & Engineering Permits Trails
Athletic Fields Playground Utilities
Cultural Resources Restrooms
Incidentals Sales Tax
ANTICIPATED ACREAGE:
Acres To Acres To Acres To
ACREAGE TYPE Be Acquired Be Dev /Resto`red Be Renovated
Uplands 1.88 1.88 , 8.60 .
FISCAL YEAR: 2008 DATE PRINTED: November 16, 2007
40 • .
Attachment F/1
� a F , STAZE O .
Natural Resources Building (360) 902 -3000
1111 Washington St SE °•� r;;;; : � TTY (360) 902 -1
Olympia WA 98501 � "'�
w ; '7. Fax: (360) 902
Box 40917 yz i::; 'ov`'
E -mail: info ®rco.wa.gov
impia WA 98504 -0917 STATE OF WASHINGTON Web site: www.rco.wa.gov
RECREATION AND CONSERVATION OFFICE
o November 16, 2007
Denise Nichols . ;: r
Yakima Parks & Recreatioh ,;
2301 Fruitvale Blvd
Yakima, WA 98902. 4/
RE: Upper Kiwanis Park Redevelopment/Phase 1, RCO #06 -1687C
Dear Ms. Nichols:
Congratulations on your successful 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 of the projects
purposes and benefits. Acknowledging the assistance provided by this grant program helps increase the
public's understanding of the value the funding provides to 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,
a o t k eez ,(
Rachael Langen
Deputy Director
Enclosures
Recreation and Conservation Funding Board - Salmon Recovery Funding Board ' Washington Biodiversity Council
Mk
Attachment F/2
W RP:Proj Agreement
III .Outdoor Recreation Account
iject Sponsor:. "City of Yakima ' .: • • . Project. Number: 06= 1'687C
Project Title: Upper Kiwanis Perk-Redevelopm Approva Date: 6/7/2007
A. PARTIES OF "THE-AGREEMENT' ... .: •
This'Project Grant Agreement.(Agreement).is entered •into.'betweenthe'Recreation and Conservation-Funding Board
(RCFB), P.O. Box 4091;7; Olympia,` Washington 98504- 0917'and..City 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 . . ,
This•Agreement sets out the.te.rmsand conditions>bywhich•a :grant ie,made :from the Outdoor Recreation Account of
lhe. State .of Washington's General Fund. The grant is administered :by the RCFB to the Sponsor fo•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 otherwise identified in this
Agreement. • E. PERIOD OF PERFORMANCE
The Project reimbursement, period shall in o
begn November 22, 2007 and end on September 30;201'0; No
expenditure. made'bef af this
• re`o period is e ligible for reimbursement unless incorporated' m
bywritten aendment
into this Agreement:
' 'F. PROJECT FUNDING
The•total grant award provide b 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•minimum'shall'.be as
indicated below:
Percentage DollarAmount .
RCFB •• WWRP - Local Parks ` ' ` . 38:68% "$500;000.00
Project Sponsor 61.32% $792,500.00
Total Project Cost 100.00% $1,292,500.00
G. RIGHTS AND OBLIGATIONS .
All 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. Chanter 286 WAC Pagel of 2
Attachment G
III
i 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 public interest 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 Yakima hereby 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 provided appropriate opportunity for public comment of this application.
ADOPTED BY THE CITY COUNCIL this 11 day of July, 2006.
/s/ DAVID EDLER
David Edler, Mayor
Attest:
ls/ KAREN, S. ROBERTS
Karen S. Roberts, City Clerk Certified to be .a true and corre PY ;'. : t o � I M
original filed in my office. rf /V D�; _ >,,
CITY CLE ' vEA1
1