HomeMy WebLinkAboutReg 2025-10-20 Item 4D - Grant Acceptance - King County Youth Amateur Sports Grant for Tukwila Community Center Field Conversion for $250,000COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's revieav
Council revieav
10/20/25
DR
ITEM INFORMATION
ITEM No.
4.D.
STAFF SPONSOR: DAVID ROSEN
ORIGINAL AGENDA DATE: 10/20/25
AGENDA ITEM TITLE Grant Acceptance: King County Youth Amateur Sports Grant - TCC Turf Field
Installation
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Heating
Mtg Date
® Other
Mtg Date 10/20
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ® P&R ❑ Police ❑ PIV
SPONSOR'S
SUMMARY
The City of Tukwila Parks & Recreation Department has been awarded a $250,000 grant
through the King County Youth Amateur Sports Grant program for the Tukwila Community
Center Turf Field Installation project. This project's construction is estimated to take place
from June 2027 through December 2027. The contract has been reviewed and approved to
form by the City Attorney. City staff recommend the City Council approve the proposed
grant agreement for signing and execution by the Mayor.
REVIEWED BY
❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 10/13/25
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: MARTINEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation Department
Comm' I EE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$250,000
AMOUNT BUDGETED
$250,000
APPROPRIATION REQUIRED
$0.00
Fund Source: LOCAL GRANT
Comments: Additional project funding includes King County Parks Levy Earmarks and Park Impact Fees
MTG. DATE RECORD OF COUNCIL ACTION
10/20/25
MTG. DATE
ATTACHMENTS
10/20/25
Informational Memorandum dated 10/6/25
A --- Proposed King County Capital Project Grant Agreement (Contract #6492332)
B --- Proposed TCC Campus Master Plan Concept
C --- Concept Design Renderings of TCC Turf Field Project
Minutes from the 10/13 CSS Committee Meeting (distributed separately)
49
/J�� LA wQs
Parks & Recreation Department - Pete Mayer, Director
INFORMATIONAL MEMORANDUM
TO:
Thomas McLeod, City of Tukwila Mayor
FROM: Pete Mayer, Parks & Recreation Director
BY: David Rosen, Parks & Recreation Analyst
DATE: October 6, 2025
SUBJECT: Grant Acceptance: King County Youth Amateur Sports Grant
Tukwila Community Center Turf Field Installation
Thomas McLeod, Mayor
Community Services & Safety Committee
ISSUE
The City of Tukwila Parks & Recreation Department has been awarded a $250,000 King County Youth
Amateur Sports Grant (YASG) award. Per city policy, a grant agreement for this amount of funding
requires city council approval before the Mayor may sign the contract for execution and recording.
BACKGROUND
Enhancing and improving the Tukwila Community Center campus was identified as a priority project in
the 2020 Parks, Recreation, and Open Space (PROS) Plan. In 2024, the City of Tukwila contracted
with the Berger Partnership to engage in a park master planning process for the Tukwila Community
Center Campus. This work led to the creation of concept plans for the entire campus, which included a
conversion of the current athletic field onsite from natural grass to artificial turf accompanied by the
installation of other amenities such as lighting, backstops, dugouts, and more. The Parks and
Recreation Advisory Committee reviewed the conceptual master plan in April of 2024.
In the Spring of 2025, department staff sought to prepare and submit a grant application to the King
County Youth Amateur Sports Grant program, which specifically provides funding to "support fit and
healthy communities by investing in programs and capital facility projects that increase access to
sports, play, and outdoor recreation." The city was awarded its full funding request on July 23rd, 2025.
The City's 2025-2030 Capital Improvement Program (CIP) defines the TCC Campus Master Plan
project (#72530301), including estimated project costs and funding sources. Staff are taking the next
step in executing the approved project.
DISCUSSION
Project Overview
The Tukwila Community Center Turf Field Installation is a conversion of the community center's current
natural grass field in the NE quadrant of the campus to a synthetic playing surface. The project will also
include a relocation/re-orientation of the backstop from the SW corner of the field to the NW corner,
installation of field safety netting, lighting to allow for year-round usage, and placement of multiple sets
of lines to outline multiple field configurations for multi -sport usage of the facility. Additional
improvements are likely to include improved plantings and pathway integrations with what is already
onsite. These improvements will increase year-round access to active field play opportunities at the
Tukwila Community Center and will increase revenue earning potential of the facility via rental of the
fields to individuals and other organizations.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
50
Community Services & Safety Committee
October 13th, 2025
Page 2
The YASG award will provide $250,000 in local grant funding, equivalent to approximately 16% of the
total estimated project cost (design development, construction drawings, construction, and project
management) of $1.55M at the time of the grant application's submission. These materials will be
brought before council before the issuance of an RFP for construction contractors, currently planned for
release in Fiscal Year 2027.
The immediate next phases of work include creation and submittal of preliminary designs, final designs,
and construction documents, bid preparation, contract administration, and project management.
Preliminary project milestones include:
Year Milestone
Target Date
2026
2027
2028
Submit Preliminary Designs to County
Submit Final Designs to County
Complete Construction Documents
Finalize Permits
Construction Starts (Est.)
Construction Completed (Est.
Agreement End Date
.....................................:........................................::.........................................::.........................................::.........................................:..........................................:...................................
Note: The dates above are subject to change
2/28/26
6/30/26
10/31/26
......:.......:
5/31 /27
6/30/27
12/31 /27
Grant Agreement
Per King County guidelines, the agreement shall have an initial term of approximately two and three
quarters years, starting on 07/23/2025, the date the city was notified of the grant award, and currently
ending on March 31, 2028. However, if necessary, the city may seek extensions to allow for project
completion. The grant agreement includes a description of the intended use and purpose of a funded
project and the long-term obligations, including provisions should there be a change in use of the area
as a park and recreation site. It also contains Standard Terms and Conditions which provides a
comprehensive list of the contractual obligations. The remainder of the grant agreement includes other
documents, such as eligible scope activities and legal description.
The grant agreement has been reviewed and approved to form by the City Attorney.
FINANCIAL IMPACT
The YASG award has no match requirement, and the city has already secured additional funding
resources to support the project. While these funds are secured, they are not yet executed
contractually, department staff anticipate doing so in Q1/Q2 of FY26. The additional funding secured for
this project is as follows:
King County 2026-2031 Parks Levy Earmark
$1,000,000
$1,000,000
Therefore, including the YASG award, the city has secured $1.25M in grant funding against the
project's anticipated total cost of $1.55M, representing approximately 81 % of total project cost. The
remaining funding needed is in hand within the Land Acquisition, Recreation, and Park Development
Fund (301) in the form of Park Impact Fees. Department staff continue to research other funding
sources that may be secured or substituted. Approval of the proposed grant agreement does not create
any net General Fund inflows or outflows.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
51
Community Services & Safety Committee
October 13th, 2025
Page 3
RECOM MENDATION
City staff recommend the Community Services and Safety Committee forward the proposed grant
agreement to the October 20th Regular Meeting Consent Agenda for final approval.
ATTACH MENTS
A --- Proposed King County Capital Project Grant Agreement (Contract #6492332)
B --- Proposed TCC Campus Master Plan Concept
C --- Concept Design Renderings of TCC Turf Field Project
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
52
City of Tukwila Parks and Recreation — Tukwila Community Center Turf Field Installation — 6492332
Task - 1.14
L41 King County
CAPITAL PROJECT GRANT AGREEMENT
King County
Dept./Division: Natural Resources and Parks / Parks and Recreation
Grant
Recipient: City of Tukwila Parks and Recreation
Project: Tukwila Community Center Turf Field Installation
Contract #: 6492332 Project#: 1148647 Task #: 1.14
Amount: $250,000.00
Effective Agreement End
Date: Date: 03/31/2028
THIS AGREEMENT ("Agreement") (CPA# 6492332) is entered into between King
County (the "County"), and City of Tukwila Parks and Recreation (the "Grant Recipient")
(collectively the "Parties) for a capital project that reduces barriers and increases access
to physical activities using a Youth and Amateur Sports Grant ("YASG").
RECITALS
A. The Grant Recipient is a City or Town that provides youth or amateur sports.
B. King County, a home rule charter county and political subdivision of the State of
Washington, is authorized to administer the YASG Program and enter into
agreements for the use of King County funds by public agencies, nonprofit
organizations, or fiscal sponsor for community organizations that increase
access to sports and physical activity to address an athletic need in King County,
in accordance with the biennial budget in effect at the time of execution, and any
amendments for supplemental appropriations thereafter.
C. King County has selected the Grant Recipient to receive a YASG award to
construct, renovate, or rehabilitate a facility in order to provide increased athletic
opportunities for the citizens of King County, Washington.
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Capital Project Grant Agreement
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NOW THEREFORE, in consideration of payments, covenants, and agreements
hereinafter mentioned, to be made and performed by the parties hereto, the parties
covenant and do mutually agree as follows:
1. DEFINITIONS
Business Days
Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time,
excluding holidays observed by the State of Washington.
Calendar Days
Consecutive days of the year including weekends and holidays,
each of which commence at 12:00:01 a.m. and end at Midnight,
Pacific Time. When "days" are not specified, Calendar Days
shall prevail.
Contractor
Includes any and all contractor(s) or consultant(s) hired by the
Grant Recipient, including any of the contractor's or consultant's
subcontractors or subconsultants.
Effective Date
The last date upon which the Agreement is signed.
Grant Award
Funds
The amount awarded to the Grant Recipient by King County.
Project
The term "Project" means the design, development, and
construction of the Facility described in Exhibit A — Map of
Facility and Schematic.
Public Records
Include any writing containing information relating to the conduct
of government or the performance of any governmental or
proprietary function prepared, owned, used or retained by any
state or local agency regardless of physical form or
characteristics. RC W 42.56.
RCW
The Revised Code of Washington.
Scope of Work
(SOW)
An Exhibit to the Agreement consisting of a written description of
the work to be performed.
Subcontractor
The individual, association, partnership, firm, company,
corporation, or joint venture entering into an agreement with the
Grant Recipient to perform any portion of the Work covered by
this Agreement.
2. MAP OF FACILITY AND SCHEMATIC
This Agreement applies to the Project to improve the park and recreational facility
("Facility") which is located at:
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King County Parks
Capital Project Grant Agreement
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City of Tukwila Parks and Recreation — Tukwila Community Center Turf Field Installation — 6492332
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Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA 98168
Parcel Number: 0179003239
See Exhibit A for a schematic of the Facility and a map of the specific location and
boundaries.
3. PROJECT SUMMARY
The summary of this Project for the purpose of this Agreement is as follows:
The City of Tukwila Parks & Recreation Department will improve access to recreational
opportunities year-round by converting the grass field at Tukwila Community Center to a
multi -sport turf surface, providing communities across the city and South King County
access to field -based sports throughout the year.
4. SCOPE OF WORK
Grant Recipient shall provide a scope of work ("Scope of Work"), including a project
summary, attached hereto as Exhibit B, which describes the Project in detail and
includes a description of the various design, development, permitting, and construction
milestones required for completion of the Project, facility use and programming, and the
intended use of the Grant Award Funds to design, develop and construct the Facility.
5. PROJECT BUDGET
Prior to execution of this Agreement, the Grant Recipient shall work with King County to
develop a Project Budget ("Project Budget"). The final Project Budget agreed upon by the
Parties is attached hereto as Exhibit C. King County shall provide the Grant Award Funds
to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth
in Exhibits B and C. Grant Award Funds provided to the Grant Recipient may only be
used to pay for costs and expenditures related to the Project, as set forth in Exhibits B
and C.
6. GRANT AWARD FUNDS AND DISBURSEMENT
6.1 Grant Award Funds. Grant Recipient has received a YASG award in the
amount of $250,000.00 ("Grant Award Funds") to construct, renovate, or
rehabilitate a facility, in the Project described in Exhibit B, in order to provide
increased athletic opportunities and to address an athletic need for the
citizens of King County, Washington. Grant Recipient shall apply the funds
received from the County for the Project under this Agreement in
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accordance with the Scope of Work, attached hereto as Exhibit
B. Notwithstanding the Effective Date of this Agreement, the County shall
reimburse the Grantee for eligible and authorized costs and expenses
supported by adequate documentation, as determined by the County, for
the work specific in Exhibit B, beginning on 06/25/2025, and concluding on
03/31/2028.
6.2 Pre -Contract Costs. Pre -contract costs are those incurred between
06/25/2025 and the Contract Start Date and are only reimbursable upon
request and only after the execution of the contract by the Parties. These
costs are allowable for reimbursement to the extent that they are eligible
and authorized costs and expenses supported by adequate documentation,
as determined by the County, for the work specified in Exhibit B. Direct
construction costs are not allowed as pre -contract costs and are only
eligible if they occur after the contract start date.
6.3 Separation of Accounts. All Grant Award Funds received pursuant to this
Agreement and accrued interest therefrom will be accounted for separately
from all other Grant Recipient accounts and moneys.
6.4 Partial Disbursement. The County may authorize, at County's sole
discretion, release of a portion of the Grant Award Funds to the Grant
Recipient, upon execution of this Agreement.
6.5 Invoicing. The County shall initiate authorization for payment and
disbursement of Grant Award Funds in a timely manner after approval of
sufficiently detailed Project -related invoices submitted by Grant Recipient.
The County shall make payment to Grant Recipient not more than forty-five
(45) calendar days after a complete and accurate invoice and any other
required documentation is received from the Grant Recipient and approved
by the County.
6.6 Final Invoice. Grant Recipient shall submit the final invoice, supporting
documentation and any outstanding deliverables, as specified in the Scope
of Work (Exhibit B) and Project Budget (Exhibit C), no later than thirty (30)
days after the Contract End Date. If the Grant Recipient's final invoice,
supporting documentation, and reports are not submitted by the day
specified in this subsection, or if such final documents are not approved by
the County, then the County shall have no obligation to pay Grant Recipient
unless and until Grant Recipient submits, and the County approves, a
properly completed invoice. Grant Recipient must submit a corrected
invoice within 30 days after receiving notice of an improper or incomplete
invoice.
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6.7 Disposition of Remaining Grant Award Funds. If Grant Recipient does not
expend all proceeds obligated to be provided through this Agreement, such
proceeds, if held by Grant Recipient, shall be refunded to the County. For
purposes of this section, "proceeds" shall include all Grant Award Funds
obligated to be provided by the County plus interest accrued by Grant
Recipient on the grant funds. Any proceeds in excess of those required to
be provided by the County for the actual costs of the Project shall remain
with the County for use in its sole discretion.
7. TERM
The term ("Term") of this Agreement shall begin on the Effective Date and end on
03/31/2028 ("Agreement End Date"). This Agreement shall remain in effect until such time
as it is amended in writing or terminated as provided herein.
8. AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the
Parties. A one-time, one-year extension to the Contract End Date may be granted without
due execution if agreement by both parties is documented in writing, which shall then be
incorporated and attached to this Agreement herein.
9. NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses first set forth below via electronic mail.
KING COUNTY
City of Tukwila Parks and
Recreation
Parks Grant Manager
David Rosen
Community Investments Unit
Fiscal Analyst
King County Parks
City of Tukwila Parks and Recreation
201 S Jackson Street Suite (6500)
12424 42nd Avenue S
Seattle, WA 98104
Tukwila, WA, 98168
206-848-0699
206-767-2310
r , r n, „@kiingcountyegov
david.rosen@tukwilawa.gov
*NOTE: Personal contact information for your assigned grant manager is
available in the grant management system
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Either Party hereto may, at any time, by giving ten (10) days written notice to the other
Party to designate any other person or address in substitution of the foregoing information
to which such notice or communication shall be given.
10. GRANT REPORTING
Until the Project is completed, and all proceeds provided pursuant to this Agreement have
been expended, the Grant Recipient shall provide reports to the King County Project
Manager on a schedule determined by the County.
11. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Exhibits A, B and C of this
Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of
Work and deliverables within Exhibit B, the County shall be released from any
obligation to fund the Project, and the County in its sole discretion may reallocate such
funds for other projects in other jurisdictions.
Pursuant to Section 21, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for
a purpose other than completion of the Project as approved by the County.
12. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following
manner:
12.1 Events. Grant Recipient shall invite and recognize "King County Parks" at
all events promoting the Project, and at the final Project dedication.
12.2 Community Relations. Grant Recipient shall recognize "King County Parks"
as a "grant sponsor" in all social media, websites, brochures, banners,
posters, press releases, and other promotional material related to the
Project.
12.3 King County Parks Notification. Grant Recipient shall notify the King County
Parks Project Manager thirty (30) days prior to any major milestone, such
as a groundbreaking or opening dates.
12.4 King County Council Notification. If Grant Recipient is a city or town,
notification to the King County Council thirty (30) days prior to any major
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milestone, such as a groundbreaking or opening dates is, required.
12.5 Signage. If Grant Recipient shall recognize "King County Parks" on any
signage as a funder/contributor of project/facility. Grant Recipient is
required to use appropriate King County logo on any signage and
comm unications.
13. CONSTRUCTION OF THE FACILITY
13.1 Capital Improvements. The Grant Recipient shall design, develop, and
construct mutually agreed upon Facility, features, and amenities in
accordance with all applicable design(s), timelines, restrictions,
environmental considerations, permitting determinations, neighborhood
impact mitigations, and all other requirements in coordination with King
County Parks staff. All contracted work by the Grant Recipient, its agents,
representatives, or subcontractors, shall be bonded and properly insured to
ensure the complete and safe design and construction of all facilities,
features, and amenities. As between the Grant Recipient and King County,
Grant Recipient will be solely responsible to comply with all applicable
authorities and to obtain all necessary permits, approvals, and
endorsements for the Project.
13.2 Warranties. With respect to all warranties, express or implied, for work
performed or materials supplied in connection with the Project, the Grant
Recipient shall:
a) Obtain all warranties, express or implied, that would be given in
normal commercial practice from suppliers, manufacturers,
contractors or installers;
b) Require all warranties be executed, in writing;
c) Be responsible to enforce any warranty of a contractor,
subcontractor, manufacturer, or supplier.
13.2.1 If, within an applicable warranty period, any part of the Facility or
work performed to construct the Facility is found not to conform to
specifications, permit requirements, or industry standard, the Grant
Recipient shall correct it promptly.
13.3 Right to Inspect — Construction. King County personnel or agents may
inspect the construction project at any time provided that such persons
observe due regard for workplace safety and security. King County may
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require the Grant Recipient or its contractors to stop work if King County
deems work stoppage necessary to remedy construction defects or to
address risks to health, safety, or welfare. The Grant Recipient specifically
understands, acknowledges, and agrees that at a minimum, King County
will inspect the Facility construction project before final completion of the
Project.
13.4 Design. The Grant Recipient has retained a licensed architect and/or
licensed professional engineer, registered in the State of Washington, who
will prepare a Project design for the Facility and exterior landscaping,
which visually blends with the setting. King County shall review the design
plans for the Project in concept and reserves the right to approve the final
design of the Project, consistent with established zoning, design code, or
both.
13.5 Construction Site and Work Fencing. The Grant Recipient will be solely
responsible for the site work, required permits, and grading for the Project.
The Grant Recipient will ensure the work area is properly barricaded, and
will ensure that signage is installed, directing unauthorized persons not to
enter onto the construction site during any phase of development or
construction. Unless otherwise agreed by the Parties in writing, fencing will
be placed around work areas. In addition, construction areas will be kept
clean and organized during development periods. The Grant Recipient will
be responsible for site security, traffic, and pedestrian warnings at the site
during the development and construction phases.
13.6 Alteration of Site or Facility Post Construction. After the Facility is completed
and accepted by the Grant Recipient and King County as defined herein,
the Grant Recipient will not make any material alteration to the Facility
without express, written consent by King County.
13.7 Development and Construction Fees and Expenses. The Grant Recipient
will be responsible to obtain and pay for all necessary permits, fees, and
expenses associated with the Project.
13.8 Public Works Laws. To the extent applicable, the Grant Recipient will comply
with all public works laws, regulations, and ordinances, including but not
limited to those related to prevailing wages (§ee......IRCW .....1 ), retainage
fee IPC 3.8 , bonding (see IRCW 3..8), use of licensed contractors
(see .........I W ..................3 ... .), and competitive bidding (see RCW36 ...32 and RCW
35 ,..1. 78). The Grant Recipient will indemnify and defend King County
should it be sued or made the subject of an administrative investigation or
hearing for a violation of such laws, regulations, and ordinances in
connection with the improvements.
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13.9 Construction Contractor Indemnification and Hold Harmless. The Grant
Recipient will require its construction contractors and subcontractors to
defend, indemnify, and hold King County, its officers, officials, employees,
and volunteers harmless from any and all claims, injuries, damages, losses,
or suits including attorney's fees and costs, arising out of or in connection
with the design, development, and construction of the Facility, except for
injuries and damages caused by the negligence of King County.
13.10 Minimum Scope and Limits of Insurance. The Grant Recipient shall
maintain, and/or require its Contractor(s) to maintain the minimum scope
and limits of insurance as required in Exhibit D — Insurance Requirements
14. RESTRICTIVE COVENANTS
Upon the Effective Date of this Agreement and prior to distribution of grant funds for the
construction of the Facility, Grant Recipient shall sign the Restrictive Covenant
Agreement, attached hereto as Exhibit E.
15. PUBLIC ACCESS
The Grant Award Funds are provided for the purpose of developing and/or supporting
the delivery of sports activities or infrastructure for, but not exclusively serving, persons
under twenty-four (24) years of age, and low and moderate income communities within
King County. Fees for the Project shall be no greater than those generally charged by
public operators or project providers in King County.
The Facility shall be open and accessible to the public at reasonable hours and times.
Grant Recipient shall notify the public of the availability of use by posting and updating
that information on its website and by maintaining at entrances and/or other locations
openly visible signs with such information. Fees for use of the Facility shall be no
greater than those generally charged by public operators of similar facilities in King
County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for public use is
thirty (30) years. If the Facility is retired or otherwise removed from use before the end
of the thirty-year period, then the Grant Recipient shall reimburse the Grant Award
Funds to King County.
The Facility shall be open and accessible to the public at reasonable hours and times.
Grant Recipient shall notify the public of the availability of use by posting and updating
that information on its website and by maintaining at entrances and/or other locations
openly visible signs with such information. Fees for use of the Facility shall be no greater
than those generally charged by public operators of similar facilities in King County.
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Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for public use is thirty
(30) years. If the Facility is retired or otherwise removed from use before the end of the
thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to
King County as set forth in this Section 6 and the executed and recorded Restrictive
Covenant Agreement, attached hereto as Exhibit E.
Grant Recipient's duties under this Section 15 will survive the expiration or earlier
termination of this Agreement.
16. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Grant Recipient shall establish and maintain a system of accounting and internal
controls which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised
Code of Washington LBCW). Chq.p.Ier..40..1..4.
17. MAINTENANCE OF RECORDS
17.1 The Grant Recipient shall maintain accounts and records, including
personnel, property, financial, Project records, including Agreement
deliverables, and other such records as may be deemed necessary by the
County to ensure proper accounting for all Agreement funds and
compliance with this Agreement.
17.2 These records shall be maintained for a period of six (6) years after the
expiration or earlier termination of this Agreement unless permission to
destroy them is granted by the Office of the Archivist in accordance with
,(.RCW)....Cha.p r4.0.....14.
17.3 Grant Recipient shall inform the County in writing of the location, if
different from the Grant Recipient address listed on page one of this
Agreement, of the aforesaid books, records, documents, and other
evidence and shall notify the County in writing of any changes in location
within ten (10) calendar days of any such relocation.
18. RIGHT TO INSPECT
The County reserves the right to review and approve the performance of the Grant
Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit
the Grant Recipient's records regarding this Agreement and the Project upon seventy-
two (72) hours' notice during normal business hours.
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19. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Grant Recipient, in cooperation and agreement with the owners of the Premises,
shall comply with all applicable laws, ordinances and regulations in using funds provided
by the County, including, without limitation, those relating to providing a safe working
environment to employees and, specifically, the requirements of the Washington Industrial
Safety and Health Act (WISHA), Chapter_49....1 7..._R W; and, to the extent applicable, those
related to "public works," payment of prevailing wages, and competitive bidding of
contracts. The Grant Recipient specifically agrees to comply and pay all costs associated
with achieving such compliance without notice from King County; and further agrees that
King County, does not waive this Section by giving notice of demand for compliance in
any instance. The Grant Recipient shall indemnify and defend the County should it be
sued or made the subject of an administrative investigation or hearing for a violation of
such laws related to this Agreement.
20. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred or does not approve of
the Grant Recipient's performance, it will give the Grant Recipient written notification of
unacceptable performance. The Grant Recipient will then take corrective action within a
reasonable period of time, as may be defined by King County in its sole discretion in its
written notification to the Grant Recipient.
The County may withhold any payment owed the Grant Recipient until the County is
satisfied that corrective action has been taken or completed.
21. TERMINATION
21.1 Termination for Convenience. The County may terminate this Agreement in
whole or in part, with or without cause, at any time during the Term of this
Agreement, by providing the Grant Recipient ten (10) days advance written
notice of the termination.
21.2 Termination for Misuse of Funding. If the termination results from acts or
omissions of the Grant Recipient, including but not limited to
misappropriation, nonperformance of required services, or fiscal
mismanagement, the Grant Recipient shall return to the County
immediately any funds, misappropriated or unexpended, which have been
paid to the Grant Recipient by the County.
21.3 Termination for Insufficient Funding. Any King County obligations under this
Agreement beyond the current appropriation year are conditioned upon the
County Council's appropriation of sufficient funds to support such
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obligations. If the Council does not approve such appropriation, then this
Agreement will terminate automatically at the close of the current
appropriation year.
21.4 Termination for Non -Performance. The Agreement will be terminated if the
Grant Recipient is unable or unwilling to expend the Grant Award Funds as
specified in Exhibits B and C, or upon reimbursement by the Grant
Recipient to the County of all unexpended proceeds provided by the County
pursuant to this Agreement and payment of all amounts due pursuant to
Section 6 — Grant Award Funds and Disbursement.
22. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted for herein except as
expressly set forth in this Agreement. The Grant Recipient understands, acknowledges,
and agrees that the County shall not be liable to pay for or to provide any utilities or
services in connection with the Project contemplated herein.
23. HOLD HARMLESS AND INDEMNIFICATION
The Grant Recipient shall protect, indemnify, and hold harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies
performed or provided by the Grant Recipient's employees or other suppliers in
connection with or support of the performance of this Agreement.
The Grant Recipient further agrees that it is financially responsible for and will repay the
County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this
Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
subcontractors. This duty to repay the County shall not be diminished or extinguished by
the expiration or prior termination of the Agreement.
The Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify,
and hold harmless King County, its appointed and elected officials, and employees from
and against liability for all claims, demands, suits, and judgments, including costs of
defense thereof, for injury to persons, death, or property damage which is caused by,
arises out of, or is incidental to any use of or occurrence on the Project that is the subject
of this Agreement, or the Grant Recipient's exercise of rights and privileges granted by
this Agreement, except to the extent of the County's sole negligence. The Grant
Recipient's obligations under this Section shall include:
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23.1 The duty to promptly accept tender of defense and provide defense to the
County at the Grant Recipient's own expense;
23.2 Indemnification of claims made by the Grant Recipient's employees or
agents; and
23.3 Waiver of the Grant Recipient's immunity under the industrial insurance
provisions of Title ..._ 1 RCW, but only to the extent necessary to indemnify
King County, which waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this Section, all such fees, expenses and costs shall be
recoverable from the Grant Recipient.
In the event it is determined that RCW 4 24 115 applies to this Agreement, the Grant
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials,
employees and agents from any and all claims, demands, suits, penalties, losses
damages judgments, or costs of any kind whatsoever for bodily injury to persons or
damage to property (hereinafter "claims"), arising out of or in any way resulting from the
Grant Recipient's officers, employees, agents and/or subcontractors of all tiers, acts or
omissions, performance of failure to perform the rights and privileges granted under this
Agreement, to the maximum extent permitted by law or as defined by RCW 4...24 .._11., as
now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included
in all Agreements or subcontractor Agreements entered into by the Grant Recipient in
conjunction with this Agreement.
The Grant Recipient's duties under this Section 23 will survive the expiration or
earlier termination of this Agreement.
24. CONTRACTOR INDEMNIFICATION AND HOLD HARMLESS
Grant Recipient will require its Contractors and any Subcontractors to defend, indemnify,
and hold King County, its officers, officials, employees, and volunteers harmless from any
and all claims, injuries, damages, losses, or suits including attorney's fees and costs,
arising out of or in connection with except for injuries and damages caused by the
negligence of King County.
25. NONDISCRIMINATION
King County Code (KCC") chapters 12.16 through 12.19 apply to this Agreement and
are incorporated by this reference as if fully set forth herein. In all hiring or employment
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made possible or resulting from this Agreement, there shall be no discrimination against
any employee or applicant for employment because of sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except minimum age and retirement provisions, unless based upon a
bona fide occupational qualification.
26. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
27. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
27.1 The Grant Recipient shall be responsible to operate and maintain the
completed Project at its own sole expense and risk. The Grant Recipient
shall maintain the completed Project in good working condition consistent
with applicable standards and guidelines. The Grant Recipient understands,
acknowledges, and agrees that the County is not responsible to operate or
to maintain the Project in any way.
27.2 The Grant Recipient shall be responsible for all property purchased
pursuant to this Agreement, including the proper care and maintenance of
any equipment.
27.3 The Grant Recipient shall establish and maintain inventory records and
transaction documents (purchase requisitions, packing slips, invoices,
receipts) of equipment and materials purchased with Agreement funds.
The Grant Recipient's duties under this Section 27 shall survive the expiration of
this Agreement.
28. CULTURAL RESOURCE PRESERVATION REQUIREMENTS
Grant Recipient agrees to coordinate cultural resource review of the Project with the King
County Historic Preservation Program ("HPP") in order to determine potential effects to
cultural resources and any necessary mitigation. Grant Recipient further agrees to
perform the steps outlined by the HPP for any necessary cultural resource preservation
as specified in Exhibit F.
29. ASSIGNMENT
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Grant Recipient shall not assign any portion of rights and obligations under this
Agreement or transfer or assign any claim arising pursuant to this Agreement without the
written consent of the County. Grant Recipient must seek such consent in writing not less
than fifteen (15) days prior to the date of any proposed assignment.
30. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
31. TAXES
The Grant Recipient agrees to pay on a current basis all taxes or assessments levied on
its activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82 PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and the Grant Recipient shall not
be deemed to be in default as long as it will, in good faith, be contesting the validity or
amount of any such taxes.
32. DEBARMENT, SUSPENSION OR INELIGIBILITY
By accepting the terms of this Agreement, Grant Recipient certifies that the Grant
Recipient nor its principals are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in this
Agreement by any Federal or State department or agency. If the Grant Recipient or its
principals become debarred, suspended or ineligible from participating in transactions,
Grant Recipient shall notify the County within fifteen (15) calendar days of an event.
The Grant Recipient agrees not to enter into any arrangements or contracts related to this
Agreement with any party that is on the "General Service Administration List of Parties
Excluded from Federal Procurement or Non -procurement Programs" which can be found
at www.saim.gov or Department of Enterprise Services Debarment List which can be
found at htt s://des.wa. ov/selrviices/contlractiin -- ulrchasiin /doiin -Ibusiiness--
state/vendor--debarment.
33. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT
This Agreement shall be interpreted in accordance with the laws of the State of
Washington. Any claim or suit between the Parties arising out of this Agreement may only
be filed and prosecuted in King County Superior Court.
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34. PUBLIC RECORDS REQUESTS
This Agreement shall be considered a public document and will be available for inspection
and copying by the public in accordance with Chapter...42.56....I ; IPL.,I ,II....II, RIECORDS
:COR
ACT (wa ov), (the "Act") or its successor act.
35. INDEPENDENT STATUS OF THE GRANT RECIPIENT
In the performance of this Agreement, the Parties will be acting in their individual,
corporate or governmental capacities and not as employees, partners, joint ventures or
associates of one another. Nothing contained herein will make, or be deemed to make,
the County and the Grant Recipient a partner of one another, and this Agreement will not
be construed as creating a partnership or joint venture. Nothing in this Agreement will
create, or be deemed to create, any right, duty or obligation in any person or entity not a
party to it.
36. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient.
37. ORDER OF PRECEDENCE
In the event of any inconsistency in the terms of this Agreement, or between its terms and
any applicable statute, rule, or King County Code, the inconsistency shall be resolved by
giving precedence in the following order to:
1. Any Amendments to this Agreement;
2. This Agreement, including its Terms and Conditions and the following Exhibits;
a. Exhibit A — Map of Facility and Schematic
b. Exhibit B — Scope of Work
c. Exhibit C — Project Budget
d. Exhibit D — Insurance Requirements
e. Exhibit E — Draft Restrictive Covenant Agreement
f. Exhibit F — Cultural Resource Preservation Requirements
3. If applicable, the Request for Application (as modified by any amendments); and
4. If applicable, Grant Recipients Grant Application.
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Provided, however, when an agreement term or condition appears in more than one
document, the more specific agreement term or condition shall control if the different
contract provisions cannot be harmonized.
38. ENTIRE AGREEMENT
This Agreement, including any referenced exhibits and attachments, constitutes the entire
Agreement between the County and the Grant Recipient and supersedes any and all prior
agreements and understanding between them, whether written, oral or otherwise. No
other statements or representations, written or oral, shall be deemed a part thereof.
39. COUNTERPARTS; ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. The Parties acknowledge and agree that this document may be executed by
electronic signature, which shall be considered as an original signature for all purposes
shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have
the authority to enter into this Agreement on behalf of the Party for which that individual
signs. The Parties hereto have executed this Agreement on the dates set forth below.
KING COUNTY City of Tukwila Parks and Recreation
Signature Signature
NAME (Please type or print), Title NAME (Please type or print), Title
Date Date
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Capital Project Grant Agreement
69
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Page 18 of 38
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EXHIBIT B — SCOPE OF WORK
Project Summary
Scope of Work Summary: The City of Tukwila Parks & Recreation Department will
improve access to recreational opportunities year-round by converting the grass field at
Tukwila Community Center to a multi -sport turf surface, providing communities across
the city and South King County access to field -based sports throughout the year.
Project Location: Tukwila Community Center, 12424 42nd Ave S, Tukwila, WA 98168
Parcel Number: 0179003239
Total Amount of this Award: $250,000.00
Total Project Cost: $1,570,000.00
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Activity Timeline & Deliverables
Phase/Task
Deliverables
Activity
Description
Date/Timeline
Project Management
& Administration
Project Management
& Administration
Progress Reports
Progress
Reports submitted via
Grant Portal
Quarterly
Planning Phase
Project Schedule
Submit Project Schedule
January 2026
Preliminary Design
Preliminary Design Plans
Submit Preliminary
Design Plans
February 2026
Final Design Phase
Final Design Plans
Submit Final Design
Plans
June 2026
Share updates via Progress
Reports
Complete Construction
Documentation
October 2026
Share updates via Progress
Reports
Complete Permitting
May 2027
Pre -Construction
Requirements
Cultural Resource
Preservation Requirement
Complete Cultural
Resource Preservation
Requirements in
alignment with
requirements outlined in
the Grant Agreement
Due prior to any ground
disturbing or construction
activities
Property Use Requirement
Complete a public access
property use agreement
(e.g., Restrictive
Covenant) in alignment
with requirements
outlined in the Grant
Agreement
Due prior to distribution of
grant funds for
construction
Construction Evidence of
Insurance
Submit Builder's Risk and
any remaining evidence
of insurance in alignment
with requirements
outlined in the Grant
Agreement
Due prior to construction
and/or geotechnical
activities
72
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Implementation
Share updates via Progress
Reports
Groundbreaking
June 2027
Closeout
Share updates via Progress
Reports
Complete Construction
December 2027
Final Report
Complete Final Report
upon project completion
March 2028
The Grantee shall not make any significant changes to an approved project without prior
written consent of the County. Significant changes include, but are not limited to, a
change to the timeline that falls outside the contract period or a shift of more than
twenty percent of funds within the approved grant budget over the term of this Exhibit. If
changes are necessary and approved by the County, such changes will be formalized in
a written amendment signed by all parties.
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EXHIBIT C — PROJECT BUDGET
Planning Costs
$100,000.00
Construction Costs
$150,000.00
Personnel Costs
$0.00
Indirect Costs
$0.00
Total
$250,000.00
Grant Budget Changes
With written approval from the County, the Grantee may reallocate grant funds across
budget line items within twenty percent of the total grant budget without requiring an
official contract amendment. Indirect costs shall not exceed twenty percent of direct
costs.
Budget Line Items Descriptions
Planning Costs include but are not limited to planning, design, consultant fees, cultural
resources review, and permits.
Construction Costs include but are not limited to turf, lighting, sub -drainage, and other
materials or construction activities.
Personnel Costs include but are not limited to staff pay and benefits.
Indirect Costs include expenses of doing business that are not readily identified with a
particular grant, contract, project, function, or activity, but are necessary for the general
operation of the organization or performance of the organization's activities.
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EXHIBIT D — INSURANCE REQUIREMENTS
1. Insurance Requirements
1.1. Grant Recipient shall purchase and maintain for the entire term of this
Agreement or as otherwise stated in this Exhibit, at its sole cost and expense,
the minimum insurance set forth below. By requiring such minimum insurance,
the County does not and shall not be deemed or construed to have assessed
the risks that may be applicable to Grant Recipient, or any Contractor under this
Agreement, or in any way limit the County's potential recovery to insurance limits
required hereunder. To the contrary, this Agreement's insurance requirements
may not in any way be construed as limiting any potential liability to the County
or the County's potential recovery from Grant Recipient. Grant Recipient and
any Contractor shall assess their own risks and if they deem appropriate and/or
prudent, maintain greater limits and/or broader coverage.
1.2. Each insurance policy shall be written on an "occurrence" basis, except
insurance for Pollution Liability, which may be written on a "claims made" basis.
If coverage is approved and purchased on a "claims made" basis, the coverage
provided under that insurance shall be maintained through: (i) consecutive
policy renewals for not less than three (3) years from the date of completion of
the Project which is subject of this Agreement or, if such renewals are
unavailable, (ii) the purchase of a tail/extended reporting period for not less than
three (3) years from the date of completion of the Project which is the subject of
this Agreement.
2. Evidence and Cancellation of Insurance
2.1. Within thirty (30) days of contract execution and upon request by the County,
Grant Recipient shall furnish the County certificates of insurance and
endorsements certifying the issuance of all insurance required by this
Agreement which is to be maintained for the entire term of the Agreement or as
otherwise stated in this Exhibit. All evidence of insurance shall be signed by a
properly authorized officer, agent, general agent, or qualified representative to
the insurer(s), shall certify the name of the insured(s), the type and amount of
insurance, the location and operations to which the insurance applies, the
inception and expiration dates, shall specify the form numbers of any
endorsements issued to satisfy this Agreement's insurance requirements, and
shall state that the County shall receive notice at least thirty (30) days prior to
the effective date of any cancellation, lapse, or material change in the policy(s).
Certificate Holder: King County Parks, 201 S. Jackson Street, Suite 5702,
Seattle, WA 98104. Electronic evidence of insurance documents may be
emailed to: ParksGrants@kingcounty.gov.
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2.2. The County reserves the right to require complete, certified copies of all required
insurance policies, including all endorsements and riders, which may be
redacted of any confidential or proprietary information. Grant Recipient shall
deliver such policies to the County within five (5) business days of County's
request.
3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum
insurance limits:
3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000
in the aggregate for bodily injury, personal and advertising injury, and
property damage. Coverage shall be at least as broad as that afforded
under ISO form number CG 00 01. Such insurance shall include coverage
for, but not limited to, premises liability, ongoing operations, products and
completed operations, and contractual liability. Limits may be satisfied by a
single primary policy or by a combination of separate primary and umbrella
or excess liability policies, provided that coverage under the latter shall be at
least as broad as that afforded under the primary policy and satisfy all other
requirements applicable to liability insurance including, but not limited to,
additional insured status for the County.
3.1.2. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain
Automobile Liability insurance with a minimum $1,000,000 combined single
limit per accident for bodily injury and property damage. Coverage shall be
at least as broad as that afforded under ISO form number CA 00 01
covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the
combination of symbols 2, 8, and 9. Limit may be satisfied by a single
primary policy or by a combination of separate primary and umbrella or
excess liability policies, provided that coverage under the latter shall be at
least as broad as that afforded under the primary policy.
3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have
employees, then Workers Compensation coverage shall be maintained as
required by the Industrial Insurance Act of the State of Washington, as well
as any similar coverage required for this Project by applicable Federal or
"Other States" State Law.
3.1.4. Employers Liability or "Stop Gap" coverage: If Grant Recipient or its
Contractor(s) have employees, then Employers Liability or "Stop Gap"
coverage shall be maintained with a minimum limit of $1,000,000 each
occurrence and shall be at least as broad as the protection provided by the
Workers Compensation policy Part 2 (Employers Liability), or, in
monopolistic states including but not limited to Washington, the protection
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provided by the "Stop Gap" endorsement to the commercial general liability
policy.
3.1.5. Builder's Risk / Installation Floater Insurance. If construction activities will
be funded by the Grant, Grant Recipient or its Contractor(s) shall procure
and maintain, prior to and for the duration of the construction phase of the
Project, "All Risk" Builder's Risk insurance or Installation Floater insurance
at least as broad as ISO form number CP0020 (Builder's Risk Coverage
Form) with ISO form number CP0020 (Causes of Loss — Special Form).
The coverage shall insure for direct physical loss to property of the Project
for 100% of the replacement value. The policy shall be endorsed to cover
the interests, as they may appear, of King County, Grant Recipient, and
Contractor(s) of all tiers. In the event of a loss to any or all of the work
and/or materials therein and/or to be provided at any time, Grant Recipient
or its Contractor(s) shall promptly reconstruct, repair, replace, or restore all
work and/or materials so destroyed. Policy shall include a waiver of
subrogation in favor of King County.
3.1.6. Pollution Liability: If geotechnical work will take place, Grant Recipient or
its Contractor(s) shall provide Pollution Liability coverage with minimum
limits of $1,000,000 per occurrence and in the aggregate to cover sudden
and non -sudden bodily injury and/or property damage to include the
destruction of tangible property, loss of use, clean-up costs, and the loss of
use of tangible property that has not been physically injured or destroyed.
3.1.7. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this
Agreement, Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime
insurance with a minimum limit equal to the grant amount. Coverage shall
include `Join Loss Payable' ISO form CR 20 15 10/10 or substantive
equivalent and `Provide Required Notice of Cancellation to Another Entity'
ISO form CR 20 17 10/10.
4. Other Insurance Provisions and Requirements
4.1.AII insurance policies purchased and maintained by Grant Recipient and any
Contractor required in this Agreement shall contain, or be endorsed to contain
the following provisions:
4.1.1. With respect to all liability policies except Professional Liability (Errors and
Omissions) and Workers Compensation:
4.1.1.1. King County, its officials, employees, and agents shall be covered
as additional insured for full coverage and policy limits as respects
liability arising out of activities performed by or on behalf of the Grant
Recipient, its agents, representatives, employees, or Contractor(s) in
connection with this Agreement. Additional Insured status shall include
products -completed operations CG 20 100 11/85 or its substantive
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equivalent. The County requires the endorsement(s) to complete the
Agreement.
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officials, employees, or agents shall not
contribute with any of Grant Recipient's or Contractor(s)'s insurance or
benefit the Grant Recipient, or any Contractor, or their respective
insurers in any way.
4.1.2.2. Insurance shall expressly state that it applies separately to each
insured and additional insured against whom a claim is made and/or
lawsuit is brought, except with respect to the limits of insurer's liability.
5. Waiver of Subrogation
5.1.Grant Recipient, its Contractor(s), and their respective insurance carriers release
and waive all rights of subrogation against King County, its officials, agents, and
employees for damages caused by fire or other perils which can be insured by a
property insurance policy. This provision shall be valid and enforceable only to
the extent permissible by the applicable property insurance policies.
6. Deductibles/Self-Insured Retentions
6.1.Any deductible and/or self -insured retention of the policies shall in all instances
be the sole responsibility of Grant Recipient or its Contractor, even if no claim
has been made or asserted against them.
7. Acceptability of Insurers
7.1. Unless otherwise approved by the County, insurance is to be placed with
insurers with an A.M. Best rating of no less than A:VIII.
8. Self -Insurance
8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant
Recipient may maintain a fully funded self-insurance program or participate in an
insurance pool for the protection and handling of its liabilities including injuries to
persons and damage to property. Further, if Grant Recipient maintains a self-
insurance program or participates in an insurance pool, the additional insured
requirement shall not apply to the coverage provided by the self -insured
program or insurance pool.
9. Contractors
9.1.Grant Recipient shall include all Contractors as insureds under its policies or,
alternatively, Grant Recipient must require each of its Contractors to procure and
maintain appropriate and reasonable insurance coverage and insurance limits to
cover each of the Contractor's liabilities given the scope of work and services
being provided herein. Contractor(s) must include the County, its officials,
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agents and employees as additional insured for full coverage and policy limits on
its Commercial General Liability insurance and, if applicable, its Automobile
Liability insurance. Upon request by the County, and within five (5) business
days, Grant Recipient must provide evidence of each Contractor(s) insurance
coverage, including endorsements.
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EXHIBIT E — DRAFT RESTRICTIVE COVENANT AGREEMENT
When recorded return to:
King County Department of Natural Resources and Parks
Parks and Recreation Division
201 S Jackson Street, KSC-NR
6500 Seattle, WA 98104-3855
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCw65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. Restrictive Covenant 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference Ws on page of document
Grantor(s) Exactly as name(s) appear on document
1. City of Tukwila Parks and Recreation ,
2. ,
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. King County
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Additional legal is on page EXHIBIT - LEGAL DESCRIPTION of document.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned
0179003239
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to
as an emergency nonstandard document), because this document does not meet margin and formatting
requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise
obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements
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RESTRICTIVE COVENANT AGREEMENT
This Parks One Time Capital Project Restrictive Covenant Agreement (the "Covenant
Agreement") is effective , and is made and executed by City of Tukwila
Parks and Recreation ("Grant Recipient"), and by and in favor of King County (the
"County"), a political subdivision of the State of Washington (the "County"). In this
Covenant Agreement, Grant Recipient and the County may also be referred to
collectively as the "Parties" and individually as "Party."
RECITALS
A. Grant Recipient is the owner of real property located in King County, State of
Washington, legally described in Exhibit A, attached hereto and made part
hereof (the "Property").
B. Pursuant to a Parks One Time Grant Agreement, between the County and Grant
Recipient, dated , in the amount of $250,000.00 (the "Grant
Agreement"), Grant Recipient has constructed a facility (the "Facility") on the
Property to construct, renovate, or rehabilitate a facility, in the Project described
in Exhibit B, in order to provide increased athletic opportunities and to address an
athletic need for the citizens of King County, Washington. A map of the Property
and Facility is attached to and made part of this Covenant Agreement as Exhibit
E-1.
C. The purpose of this instrument is to ensure that the Property and Facility will be
used for the purposes set forth in the Grant Agreement and will be open and
available for public use for a minimum of thirty (30) years.
COVENANT AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises herein, the Grant
Recipient and the County agree, covenant and declare that the Facility and Property are
subject to the following restrictive covenants, which covenants shall run with the land
and burden the Property and Facility for the sole benefit of the County, its successors
and assigns, and the County land that makes up its public park, recreation, and open
space system.
All the terms and provisions hereof shall be construed to effectuate the purposes set
forth in this Covenant Agreement and to sustain the validity hereof.
Covenants Run with the Land. Grant Recipient and the County agree and
declare that the covenants and conditions contained herein touch and concern
the land and shall bind and the benefits shall inure to, respectively, Grant
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Recipient and its successors and assigns and all subsequent owners of the
Property and Facility, and to the County and its successors and assigns and all
subsequent owners of the County's benefited property interests, subject to
modification thereof as specifically provided below. Each and every contract,
deed, or other instrument hereafter executed conveying any portion or interest in
the Property and/or the Facility, shall contain an express provision making such
conveyance subject to the covenants and conditions of this Covenant
Agreement, provided however, that any such contract, deed, or other instrument
shall conclusively be held to have been executed, delivered and accepted
subject to such covenants and conditions, regardless of whether or not such
covenants and conditions are set forth or incorporated by reference in such
contract, deed, or other instrument.
Grant Recipient Covenants Public Use of Property and Facility for Thirty Years.
Grant Recipient covenants and declares on behalf of itself and all heirs, assigns,
and successors in interests into whose ownership the Property and/or Facility
might pass that the Property and Facility will be preserved and maintained in
accordance with the restrictions and obligations described in this Covenant
Agreement for at least thirty (30) years. It is the intent of the Grant Recipient that
such covenants shall supersede any prior interests Grant Recipient has in the
Property and Facility and shall run with the land for the benefit of the County and
the County land that makes up its public park, recreation, and open space
system, and be binding on any and all persons who acquire any portion of, or
interest in, the Property or Facility. Grant Recipient and the County agree that
King County shall have standing to enforce these covenants.
Acknowledgement of Grant Funds Used for Construction (or Specify). Grant
Recipient acknowledges that the Facility was constructed on the Property for the
purpose of developing and/or supporting the delivery of sports activities or
infrastructure for, but not exclusively serving, persons under twenty-four (24) years
of age, and low- and moderate -income communities within King County, and that
the Property and Facility shall not be converted to a different status or use for a
period of thirty (30) years unless a full reimbursement of the YASG award amount
is made to King County.
Grant Recipient Covenants Use of Property and Facility for Public Use. Grant
Recipient covenants and agrees that the neither the Property nor the Facility shall
be transferred or conveyed except by a contract, deed, or other instrument
expressly making such transfer or conveyance subject to the covenants and
conditions of this Covenant Agreement.
Grant Recipient Covenants Non -Discriminatory Use of Property and Facility. Grant
Recipient covenants that it and any successor in interest will maintain the Property
and Facility for public use as required by the Grant Agreement. The Property and
Facility shall be open and accessible to the public at reasonable hours and times.
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Grant Recipient shall notify the public of the availability of use by posting and
updating that information on its website and by maintaining at entrances and/or
other locations openly visible signs with such information. Fees for use of the
Facility shall be no greater than those generally charged by public operators of
similar facilities in King County. Grant Recipient covenants that it will not limit or
restrict access to and use of the Property and Facility by non -Grant Recipient
residents in any way that does not also apply to Grant Recipient residents. Grant
Recipient further covenants that any and all user fees charged for the Property and
Facility, including charges imposed by any lessees, concessionaires, service
providers, and/or other assignees shall be at the same rate for non -Grant Recipient
residents as for the residents of Grant Recipient.
Parties Bound. This Covenant Agreement shall benefit and be enforceable only
by County and Grant Recipient and their successors or assigns and shall not be
enforceable by any third parties.
Remedies. The County, its successors, designees or assigns shall have the
following remedies against Grant Recipient, its successors, designees or assigns
for violation of this Covenant Agreement:
7.1 Default. If Grant Recipient fails to observe or perform any of the terms,
conditions, obligations, restrictions, covenants, representations or
warranties of this Covenant Agreement, and if such noncompliance is not
corrected as provided herein, then such noncompliance shall be
considered an event of default.
7.2 Notice of Default. Before the County pursues a remedy against Grant
Recipient for breach of this Covenant Agreement, the County shall provide
written notice specifying the default to Grant Recipient. Grant Recipient
shall thereafter have a thirty (30) day period to cure such default (or if
such default is not capable of cure within thirty (30) days, such additional
period as is reasonably necessary for Grant Recipient to complete such
cure, provided that Grant Recipient commences cure within such thirty
(30) day period and thereafter diligently pursues it to completion).
7.3 County's Remedies Not Exclusive. The County shall be entitled to all
remedies in law or in equity against Grant Recipient in the event of a
default.
7.4 No Waiver. No delay in enforcing the provisions hereof as to any breach
or violation shall impair, damage, or waive the right of the County to
enforce the same or obtain relief against or recover for the continuation or
repetition of such breach or violation or any other breach or violation
thereof at any later time or times.
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Miscellaneous Provisions.
8.1 Agreement to Record. Grant Recipient shall cause this Covenant
Agreement to be recorded in the real property records of King County,
Washington. Grant Recipient shall pay all fees and charges incurred in
connection with such recording and shall provide the County with a copy
of the recorded document.
8.2 Time of the Essence. Time is of the essence of this Covenant Agreement
and of every provision thereof.
8.3 Notices. Notices, certificates, reports, or other communications shall be
deemed delivered on the third day following the date on which the same
have been mailed by certified or registered mail, postage pre -paid, return
receipt requested, or on the date on which the same have been personally
delivered with proof of receipt, at the addresses specified below, or at
such other addresses as may be specified in writing by the parties listed
below:
If to King County:
King County Department of
Natural Resources & Parks
Parks and Recreation Division
201 South Jackson Street
Seattle, WA 98104-3855
Attn: Director
If to City of Tukwila Parks and
Recreation:
12424 42nd Avenue S Tukwila,
WA 98168
Attn:
8.1 Severability. If any provision of this Covenant Agreement shall be invalid,
illegal, or unenforceable, the validity, legality, or enforceability of the
remaining provisions hereof shall not in any way be affected or impaired
thereby.
8.2 Amendments. This Covenant Agreement shall be amended only by a
written instrument executed by the Parties hereto or their respective
successors in title, and duly recorded in the real property records of King
County, Washington.
8.3 Governing Law. This Covenant Agreement shall be governed by the laws
of the State of Washington and venue shall be in King County Superior
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Court.
8.4 Reliance. The County and Grant Recipient hereby recognize and agree
that the representations and covenants set forth herein may be relied
upon by each other.
8.5 No Conflict with Other Documents. Grant Recipient and the County
warrant that they have not executed and will not execute any other
agreement with provisions contradictory to, or in opposition to, the
provisions hereof, and that in any event the requirements of this Covenant
Agreement are paramount and controlling as to the rights and obligations
herein set forth and supersede any other requirements in conflict herewith.
8.6 Sale or Transfer of the Facility. Grant Recipient agrees to notify the
County within 30 days of any transfer of Grant Recipient's ownership
interest in the Property and/or the Facility.
8.7 Captions. The titles and headings of the sections of this Covenant
Agreement have been inserted for convenience of reference only and are
not to be considered a part hereof. They shall not in any way modify or
restrict any of the terms or provisions hereof or be considered or given any
effect in construing this document or any provision thereof or in
ascertaining intent, if any question of intent shall arise.
8.8 No Third -Party Beneficiaries. This agreement is made and entered into
for the sole protection and benefit of the Parties hereto and their
successors and assigns. No other person shall have any right of action
based on any provision of this Covenant Agreement.
IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have
the authority to enter into this Agreement on behalf of the Party for which that individual
signs. The Parties hereto have executed this Agreement on the dates set forth below.
KING COUNTY City of Tukwila Parks and Recreation
Signature Signature
NAME (Please type or print), Title NAME (Please type or print), Title
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Date Date
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the instrument
and acknowledged it as the of the GRANT RECIPIENT
organization, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
STATE OF WASHINGTON )
)
COUNTY OF KING )
ss.
NOTARY PUBLIC
Print Name:
My Commission Expires:
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that he/she signed
this instrument, on oath stated that he/she was authorized to execute the instrument
and acknowledged it as the
of KING COUNTY, a political subdivision of the State of Washington, to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC
86
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Print Name:
My Commission Expires:
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DRAFT RESTRICTIVE COVENANT AGREEMENT
EXHIBIT E-1 — LEGAL DESCRIPTION
Legal Description provided via Tukwila Resolution #1144 when property was
transferred from King County to the City in 1990
Tracts 15, 16, 17, and 18 Allentown Addition to City of Seattle, according to the Plat
recorded in Volume 12 of Plats, Page 100 in King County, Washington, EXCEPT portion
of said Tract 18, heretofore conveyed to King County by Deed recorded under Auditor's
File No. 2625173, in King County, Washington, for road and highway and EXCEPT that
portion of Tract 18 described as follows:
Beginning at the NW corner of Tract 18 and the intersection of 42nd Avenue South and
South 124th Street;
thence East along the South margin line of South 124th Street, 100 feet;
thence Southerly 100 feet to a point which is 100 feet East of the East margin line of
42nd Avenue South;
thence West 100 feet to the East margin of 42nd Avenue South at a point 100 feet
South of the point of beginning;
thence North 100 feet to the point of beginning.
88
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DRAFT RESTRICTIVE COVENANT AGREEMENT
EXHIBIT E-2 -
PROPERTY/FACILITY MAP
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EXHIBIT F — CULTURAL RESOURCE PRESERVATION REQUIREMENTS
Based on the initial cultural resources review, the following recommendation(s)
is/are conditions and/or requirements for this Project:
The Grant Recipient shall retain a qualified professional archaeologist to survey all parts
of the project area where project -related ground disturbance will occur. The
professional archaeologist may contact the King County Historic Preservation Program's
Archaeologist, Philippe LeTourneau (206-477-4529 or
philippe.letourneau@kingcounty.gov), with any questions about the scope of work. The
professional archaeologist shall complete a survey report that meets the Washington
Department of Archaeology and Historic Preservation's reporting standards, create a
new project in WISAARD (as needed), upload the report, and add the King County
Historic Preservation Program (not DNRP or Parks) as an Organization and Phil
LeTourneau as an individual (KC HPO affiliation) with Editor access. The survey report
shall include 1) a USGS topographic map and an aerial photograph showing shovel
probe locations and 2) detailed stratigraphic information for the surveyed area. The
professional archaeologist shall notify the Affected Indian Tribes of their field schedule
so that the Tribes can send staff to observe the field work. Prior to construction, the
Grant Recipient will submit a copy of the report to the King County Historic Preservation
Program's Archaeologist. The Grant Recipient will be required to comply with any
recommendations made by the King County Historic Preservation Program's
Archaeologist because of the professional archaeologist's work. Additional
investigations could be required to comply with state laws and regulations related to
cultural resources if significant cultural resources are identified during the survey
investigation. The Grant Recipient shall Cc their King County Parks Grant Manager on
all emails with Historic Preservation Program staff.
90
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