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Home My WebLink About5553 RESOLUTION NO. 5553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING APPLICATION SUBMISSION FOR GRANT FUNDING ASSISTANCE FOR THE. JACOBSEN TREE FARM PARK DEVELOPMENT PROJECT TO THE RECREATION AND CONSERVATION FUNDING BOARD AS PROVIDED IN 79A.25 RCW, WAC 286, AND OTHER APPLICABLE AUTHORITIES WHEREAS, the City of Auburn seeks grant funding assistance managed through the State of Washington Recreation and Conservation Office for the City's Jacobsen Tree Farm Park development project; and WHEREAS, the Jacobsen Tree Farm Park Development project will install a new lawn, a playground, restrooms, a dog park, improved access and parking, and associated infrastructure to the park; and WHEREAS, on May 18, 2020 the Auburn City Council adopted Resolution 5522 that authorized the City to apply for a Recreation and Conservation grant for the Jacobsen Tree Farm Pak development project; and WHEREAS, the Recreation and Conservation Office has since requested that the City adopt additional grant conditions that concern land acquisition projects, projects involving property not owned by the applicant, projects applying for grants from certain other grant sources, and revision of the grant agreement prior to its execution; and WHEREAS, adoption of the first three additional provisions will not impact the City's grant application or the project as the Jacobsen Tree Farm Park development project does not require land acquisition, it concerns land owned by the city, and the city is not applying for grants from any of the named sources; and Resolution No. 5553 September 15, 2020 Page 1 of 3 Rev.2019 WHEREAS, the fourth additional provision is stated in the last sentence of section 3 of the attached Exhibit A; and WHEREAS, Exhibit A is a template resolution provided by the Recreation and Conservation Office to grant applicants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor, or the Mayor's designee, is authorized to execute and submit an Applicant Resolution/Authorization to the State of Washington Recreation and Conservation Office for grant assistance related to the Jacobsen Tree Farm Park development project, which application/authorization shall be in substantial conformity with Exhibit A incorporated by this reference. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation, including but not limited to, negotiating agreements and executing documents related to the Jacobsen Tre Farm Park development project. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: September 21, 2020 CITY OF AUBURN ANCY KUS, MAYOR Resolution No. 5553 September 15, 2020 Page 2 of 3 Rev.2019 ATTEST: APPROVED AS TO FORM: Vu/`A\ Shawn Campbell, M� Clerk Kendra Comeau, City Attorney Resolution No. 5553 September 15, 2020 Page 3 of 3 Rev.2019 WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name(sponsor) City of Auburn Resolution No.or Document Name Resolution#5553 Project(s)Number(s),and Name(s) Proj#20-1518-Jacobsen Tree Farm Park Development This resolution/authorization authorizes the person(s)identified below(in Section 2)to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s)for which we seek grant funding assistance managed through the Recreation and Conservation Office(Office). WHEREAS,grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW,THEREFORE,BE IT RESOLVED that 1. Our organization has applied for or intends to apply for funding assistance managed by the Office for the above"Project(s)." 2. Our organization authorizes the following persons or persons holding specified titles/positions(and subsequent holders of those titles/positions)to execute the following documents binding our organization on the above projects: ate„ m � w ra" G ant Qocument w' '' Name of Sigt atoryi,o iVe of Person;A uthorizedto Sign r'- Grant application(submission thereof) Jamie Kelly Project contact(day-to-day Jamie Kelly administering of the grant and communicating with the RCO) RCO Grant Agreement(Agreement) Mayor Nancy Backus Agreement amendments Mayor Nancy Backus Authorizing property and real estate Mayor Nancy Backus documents(Notice of Grant, Deed of Right or Assignment of Rights if applicable).These are items that are typical recorded on the property with the county. The above persons are considered an"authorized representative(s)/agent(s)"for purposes of the documents indicated.Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant 3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreementpdf.We understand and acknowledge that if offered an agreement to sign in the future,it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants,after conferring with its legal counsel,that its authorized representative(s)/agent(s)have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5. Grant assistance is contingent on a signed Agreement.Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to,the grant program and source of funding in the Agreement,the characteristics of the project,and the characteristics of our organization. 7. Our organization further understands that prior to our authorized representative(s)/agent(s)executing any of the documents listed above,the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation.Our organization accepts the legal obligation that we shall,prior to execution of the Agreement(s),confer with our authorized representative(s)/agent(s)as to any revisions to the project Agreement from that of the sample Agreement.We also acknowledge and accept that if our authorized representative(s)/agent(s)executes the Agreement(s)with any such revisions,all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. 8. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s)referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant,we understand our organization must certify the availability of match at least one month before funding approval.In addition,our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office,the Office will pay us on only a reimbursement basis.We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them.The Office may also determine an amount of retainage and hold that amount until all project deliverables,grant reports,or other responsibilities are complete. 11. [for Acquisition Projects Only]Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office.We agree to dedicate the property in a signed"Deed of Right"for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which documents will be based upon the Office's standard versions of those documents),to be recorded on the title of the property with the county auditor.Our organization acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy,the Agreement,or authorized in writing by the Office Director. 12. [for Development,Renovation,Enhancement,and Restoration Projects Only-If our organization owns the project property]Our organization acknowledges that any property owned by our organization that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per the Agreement or an amendment thereto. 13. [for Development,Renovation,Enhancement,and Restoration Projects Only-If your organization DOES NOT own the property]Our organization acknowledges that any property not owned by our organization that is developed,renovated,enhanced,or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat,Natural Areas,State Lands Restoration and Enhancement,Riparian Protection,or Urban Wildlife Habitat grant categories;Aquatic Lands Enhancement Account;or the Puget Sound Acquisition and Restoration program,or a Salmon Recovery Funding Board approved grant]Our organization certifies the following:the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties,certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed ' Title Date On File at This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: Date: Washington State Attorney General's Office Approved as to formes-�- 2/13/2020 Assistant Attorney General Date You may reproduce the above language in your own format;however,text may not change. JACOBSEN TREE FARM ' P nted Date: 5/12/2020 i - Map Created by Cityof Auburn e015 • I ImageryDate:May 2015 Information shown is for general reference r 3 , - , _ _ a • purposes only and does not or cartographic - data as mapped.The City of Auburn makes no -' warranty as to its accuracy. JACOBSEN TREE ARM •Legend I � � �., Street Painted Lines_1k �, " '# , i I} I ? i Airport tt f. 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