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Home My WebLink AboutReg 2026-04-06 Item 6D - Grant Agreement - Joseph Memorial Park Turf Field Conversion with King County for $250,000City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 6.D. Agenda Item Sponsor Legislative History March 23, 2025 Community Services & Safety Committee April 6, 2026 Regular Meeting Consent Agenda Recommended Motion ❑ Discussion Only ❑x Action Requested MOVE TO authorize acceptance of the Youth Amateur Sports Grant from King County in the amount of $250,000 for the Joseph Foster Memorial Park Turf Field Conversion Project Grant Acceptance — King County Youth Amateur Sports Grant (Joseph Foster Memorial Park Turf Field Conversion) David Rosen, Fiscal Analyst Parks & Recreation EXECUTIVE SUMMARY The City of Tukwila Parks & Recreation Department has been awarded a $250,000 Youth Amateur Sports Grant from the King County Department of Natural Parks and Resources as a part of the final grant round for the 2020 — 2025 King County Parks, Recreation, Trails, and Open Space Levy. This grant will support the replacement of the lower natural grass field located on the park's northern half with synthetic materials as well as eventual installation of lighting systems to support year-round play. Per city policy, mayoral acceptance of this grant must first be approved by the Tukwila City Council. Department staff request the Community Services and Safety Committee forward this item to the April 6t" Regular Meeting Consent Agenda for council approval. DISCUSSION In 2024, the City of Tukwila Parks and Recreation Department retained the landscape architecture firm, Berger Partnership, for the design of park master plans, including one for Joseph Foster Memorial Park. As part of this plan, the Lower Foster Athletic Field was re -envisioned with synthetic turf materials, improved lighting for field usage, and other various improvements adjacent tot the field of play such as access paths, plantings, and other shade/communal gathering spaces. In Spring 2025, department staff applied for the Youth Amateur Sports Grant, which "supports fit and healthy communities by investing in programs and capital facility projects that increase access to sports, play, and outdoor recreation." In Fall 2025, the department received confirmation that they had been awarded the grant, at which point staff began the pre -contracting process. Since then, staff have re-engaged planning efforts with the Berger Partnership and D.A. Hogan, a landscape architecture firm that specializes in sports fields and running tracks, to refine current planning and financial assumptions regarding the project. Department staff also continue to evaluate and seek additional funding sources to support project delivery. 103 FINANCIAL IMPACT Complete for all items requiring City expenditure Disclaimer: Final terms and scope of work subject to review by the City Attorney ❑ Expenditure - Budgeted ❑ Expenditure - Unbudgeted ❑ Expenditure - Grant -Funded ❑x Revenue — One -Time (e.g. asset sale, surplus equipment) D Revenue — Ongoing Expenditures: $0 Revenues (if applicable): Fund Source: King County Youth and Amateur Sports Grant (YSAG) $250,000.00 Contractor (if applicable) King County Natural Resources and Parks Scope of Work Joseph Foster Memorial Park Turf Field Conversion Project Replacement of the lower natural grass field located on the park's northern half with synthetic materials as well as eventual installation of lighting systems to support year-round play. Amount Grant Award: $250,000.00 The latest high-level estimate for this project indicates a total cost of $2, 290, 500. Staff continue to work to refine these cost estimates. Duration Unknown at this time Additional Comments: Concept Field Plans document shows field options for all fields at city is only considering installation of a turf field at Lower Foster Field Plan). Please note that while the attached Joseph Foster Memorial Park, the Athletic Field (field 2 on the Concept ATTACHMENTS A --- Proposed Capital Project Grant Agreement (Contract 6492312) B --- Joseph Foster Memorial Park Concept Master Plan C --- Joseph Foster Memorial Park Concept Field Plans D --- Joseph Foster Memorial Park Synthetic Turf Field Concept Renderings E --- Minutes from 03/23/2026 Community Services & Safety Committee Meeting 104 https://tukwilawa.sharepoint.com/sites/clerksintranet/Council Agenda Items/03-23 CSS Committee/Grant Acceptance - KC YASG (Joseph Foster Memorial Park)/Agenda Bill_Andy Version.docx City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task- 1.12 Attachment A 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: Joseph Foster Memorial Park Turf Field Conversion Contract #: 6492312 Project#: 1148647 Task #: 1.12 Amount: $250,000.00 Effective Agreement End Date: Date: 03/31/2028 THIS AGREEMENT ("Agreement") (CPA# 6492312) 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 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. Page 1 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 10 5 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. RCW 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: Page 2 of 39 106 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 Joseph Foster Memorial Park, 13726 53rd Ave S, Tukwila, WA 98168 Parcel Numbers: 0003000010, 0003000011 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 field -sport recreational opportunities year-round by converting the grass field at Joseph Foster Memorial Park 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 Page 3 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 1 07 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. Page 4 of 39 1 08 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 parksgrants@kingcounty.gov david.rosen@tukwilawa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system Page 5 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 1 09 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Page 6 of 39 110 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 communications. 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 Page 7 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 111 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 (see RCW 39.12), retainage (see RCW 60.28), bonding (see RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive bidding (see RCW 36.32 and RCW 35.21.278). 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. Page 8 of 39 112 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. Page 9 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 113 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 (RCW) Chapter 40.14. 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) Chapter 40.14. 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. Page 10 of 39 114 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 49.17 RCW; 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 Page 11 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 115 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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: Page 12 of 39 116 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 51 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 4.24.115, 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 Page 13 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 117 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Page 14 of 39 118 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 82.29A; 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.sam.gov or Department of Enterprise Services Debarment List which can be found at https://des.wa.gov/services/contracting-purchasing/doing-business- 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. Page 15 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 11 9 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 RCW: PUBLIC RECORDS ACT (wa.gov) (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. Page 16 of 39 1 20 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Page 17 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 121 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 EXHIBIT A — MAP OF FACILITY AND/OR SCHEMATIC 0 Override 1 0 City Limits Parcels — Street Joseph Foster Memorial Park Site Map _ -•"-=1"1- - r,s�Tri' �Il L +* t 003 0.05 0.1 ,i 0.00 0 04 City of Tukwila, King County 0.18 km Page 18 of 39 122 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 EXHIBIT B — SCOPE OF WORK Project Summary Scope of Work Summary: The City of Tukwila Parks & Recreation Department will improve access to field -sport recreational opportunities year-round by converting the grass field at Joseph Foster Memorial Park 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: Joseph Foster Memorial Park, 13726 53rd Ave S, Tukwila, WA 98168 Parcel Numbers: 0003000010, 0003000011 Total Amount of this Award: $250,000.00 Total Project Cost: $1,570,000.00 Page 19 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 12 3 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Page 20 of 39 124 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. Page 21 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 125 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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, 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. Page 22 of 39 126 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. Page 23 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 1 27 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Page 24 of 39 1 28 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Page 25 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 1 29 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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, Page 26 of 39 130 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. Page 27 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 131 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 (RCW 65.04) 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 #'s 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 0003000010, 0003000011 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 Page 28 of 39 132 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 RESTRICTIVE COVENANT AGREEMENT This Parks One Time Capital Project Restrictive Covenant Agreement (the "Covenant Agreement") is effective , and is made and executed by [Property Owner] ("Property Owner"), and by and in favor of King County (the "County"), a political subdivision of the State of Washington (the "County") in relation to Parks Grant Agreement dated , between the County and City of Tukwila Parks and Recreation ("Grant Recipient"). In this Covenant Agreement, Property Owner, Grant Recipient, and the County may also be referred to collectively as the "Parties" and individually as "Party." RECITALS A. Property Owner 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 for the purpose of 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 F-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, Property Owner, 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. 1. Covenants Run with the Land. Property Owner, Grant Recipient, and the 3-PARTY RESTRICTIVE COVENANT TEMPLATE 133 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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, Property Owner 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. 2. Property Owner and Grant Recipient Covenants Public Use of Property and Facility for Thirty Years. Property Owner and 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 Property Owner and Grant Recipient that such covenants shall supersede any prior interests Property Owner or 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. Property Owner, Grant Recipient, and the County agree that King County shall have standing to enforce these covenants. 3. 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 Grant award amount is made to King County. 4. Property Owner and Grant Recipient Covenants Use of Property and Facility for Public Use. Property Owner and 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. 5. Property Owner and Grant Recipient Covenants Non -Discriminatory Use of 134 3-PARTY RESTRICTIVE COVENANT TEMPLATE City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 Property and Facility. Property Owner and_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. Property Owner and 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. Property Owner and Grant Recipient covenants that it will not limit or restrict access to and use of the Property and Facility by non -Property Owner and non -Grant Recipient residents in any way that does not also apply to Property Owner and Grant Recipient residents. Property Owner and 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 -Property Owner and non -Grant Recipient residents as for the residents of Property Owner and Grant Recipient. 6. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by County, Property Owner, Grant Recipient, and their successors or assigns and shall not be enforceable by any third parties. 7. Remedies. The County, its successors, designees or assigns shall have the following remedies against Property Owner, Grant Recipient, their successors, designees or assigns for violation of this Covenant Agreement: 7.1 Default. If Property Owner or 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 Property Owner and/or Grant Recipient for breach of this Covenant Agreement, the County shall provide written notice specifying the default to Property Owner and/or Grant Recipient. Property Owner and 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 Property Owner and Grant Recipient to complete such cure, provided that Property Owner and 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 Property Owner and/or Grant Recipient in the event of a default. 3-PARTY RESTRICTIVE COVENANT TEMPLATE 135 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. 8. Miscellaneous Provisions. 8.1 Agreement to Record. Property Owner and 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 Grant Recipient: 12424 42nd Avenue S Tukwila, WA 98168 Attn: If to [Property Owner]: [ADDRESS, ATTN, TITLE] 136 3-PARTY RESTRICTIVE COVENANT TEMPLATE City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 Court. 8.4 Reliance. The County, Property Owner, 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. Property Owner, 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. Property Owner agrees to notify the County within 30 days of any transfer of Property Owner'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. Page 33 of 39 King County Parks Last Updated: 08/24 1 37 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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. Page 34 of 39 138 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 KING COUNTY [Property Owner] Signature Signature NAME (Please type or print), Title NAME (Please type or print), Title Date Date City of Tukwila Parks and Recreation Signature NAME (Please type or print), Title Date [Notary Block on following page] 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 PROPERTY OWNER, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: NOTARY PUBLIC Print Name: My Commission Expires: Page 35 of 39 King County Parks Last Updated: 08/24 139 Capital Project Grant Agreement City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 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 Print Name: My Commission Expires: 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: NOTARY PUBLIC Print Name: My Commission Expires: Page 36 of 39 140 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-1 — LEGAL DESCRIPTION 1. 0003000010 That portion of the Stephen Foster donation Claim No. 38 in the northwest quarter of the southwest quarter of Section 14, Township 23 North, Range 4 East, W.M, in King County, Washington, described as follows: A tract of land bounded on the north by South 137th Street, in the west by College Street (now 52nd Avenue South), and on the south by held a venue (now 139th Street). Abbreviated: FOSTER STEPHEN-D C # 38 TRACT OF LAND BOUNDED ON N BY S 137TH ST ON E BY 53RD AVE S ON W BY COLLEGE ST & ON S BY HELD AVE 2. 0003000011 That portion of the Stephen Foster donation Claim No. 38 in the northwest quarter of Section 14, Township 23 North, Range 4 East, W.M, in King County, Washington, described as follows: A tract of land bounded on the north by held a venue (now South 138th Street), on the east by 53rd a venue south, on the west by College Street (now 52nd a venue South), and on the south by South 139th Street. Abbreviated: FOSTER STEPHEN-D C # 38 TRACT OF LAND BOUNDED ON N BY HELD AVE-ON E BY 53RD AVE S-ON W BY COLLEGE ST & ON S BY S 139TH ST Page 37 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 141 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 DRAFT RESTRICTIVE COVENANT AGREEMENT EXHIBIT E-2 - PROPERTY/FACILITY MAP Page 38 of 39 142 King County Parks Capital Project Grant Agreement Last Updated: 08/24 City of Tukwila Parks and Recreation — Joseph Foster Memorial Park Turf Field Conversion — 6492312 Task - 1.12 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 make a copy of the provided King County Parks inadvertent discovery plan (IDP) available to the construction contractor prior to the start of ground disturbance. The IDP will be reviewed with the field staff at the start of ground disturbing work and will be kept on site during construction of the project. If needed, the Grant Recipient can ask a professional cultural resources practitioner or a representative from the King County Historic Preservation Program to attend their project kickoff to provide a formal review of the IDP. Page 39 of 39 King County Parks Capital Project Grant Agreement Last Updated: 08/24 143 Attachment B A 2024 Master Plan Document for: Tukwila Community Center Campus Joseph Foster Memorial Park Tukwila Parks and Recreation Tukwila, WA i 144 Contents Project Overview and Site 1. Project Location 2. Existing Site and Scale - Tukwila Community Center Campus 3. Existing Site and Scale - Joseph Foster Memorial Park 03 04 05 06 Preferred Design Concept - Tukwila Community Center 1. Overall Park Concept Plan 2. Design Focus Area 07 07 08 Preferred Design Concept - Joseph Foster Memorial Park 1. Overall Park Concept Plan 2. Design Focus Area Community Outreach 09 09 10 11 Rewilding and Park Ecology 13 Items for Additional Study 14 145 Project Overview and Site The City of Tukwila is embarking on an exciting journey to revitalize two beloved community spaces: the Tukwila Community Center Campus and Joseph Foster Memorial Park. These parks are not just recreational areas but essential parts of the city's natural and cultural heritage. This master plan envisions a future where these parks serve as vibrant, accessible, and environmentally sustainable spaces that reflect and enhance the unique natural character of each site. The redesign of these parks is driven by a commitment to preserving and enhancing the natural beauty that defines them. By carefully integrating new amenities and improving community access, the plan seeks to connect people more closely with the surrounding environment, including the scenic Duwamish River. At the heart of this project is a respect for the history and identity of each site, ensuring that their legacy is honored while meeting the needs of future generations. This master plan emphasizes utilizing the entire site, fostering a deep connection between the parks and the adjacent natural landscapes. The focus is on enhancing the existing features while minimizing newdisturbancestothe environment, thereby creating spacesthat are not only enjoyable but also sustainable. As we look to the future, these renovations will transform the Tukwila Community Center Campus and Joseph Foster Memorial Park into dynamic, inclusive, and ecologically responsible destinations that serve the entire Tukwila community. Through thoughtful design and careful stewardship, these parks will continue to be cherished spaces for recreation, reflection, and connection with nature. Tukwila Community Center Campus The Tukwila Community Center Campus, nestled along the Duwamish River, offers a picturesque setting with a mix of open spaces and mature vegetation. However, outdated infrastructure, including an aging bridge and nearby roadways, detracts from the natural beauty and accessibility of the site. To address this, the master plan proposes creating a buffer of native vegetation to shield the park from these structures, enhancing both the aesthetic and ecological value of the area. Improving river access is a key focus, as current access points are limited and underdeveloped. By integrating the entire site into a cohesive park experience, the plan seeks to celebrate the Duwamish River as a central feature, making it more accessible and better connected to the community. This approach will transform the campus into a vibrant, nature -integrated park that balances recreational use with environmental stewardship. Joseph Foster Memorial Park Joseph Foster Memorial Park spans nine acres and is divided into three distinct areas, each offering different recreational amenities. The upper area, historically known as Upper Foster Park, features a small baseball field. The lower portion of the park includes a softball field, tennis court, and basketball court, while the third area provides a larger baseball field, picnic shelter, playground equipment, restrooms, and a paved pathway. Despite the amenities, the park's current layout feels disconnected, limiting its potential as a cohesive community space. The master plan aims to unify these three areas into a seamless park experience that responds to the site's natural topography and setting. By creating pathways and landscaping that connect the various sections, the park will be transformed into a more accessible and engaging space for all visitors. This approach will not only enhance public enjoyment by providing a variety of recreational opportunities but also emphasize the park's natural features, fostering a deeper connection between the community and the environment. Project Location Y Duwarrisr Ryan Hill Allentown Riverton'----7------- � r i r Cas'Hade View i ss I-5 Joseph Foster Memorial Park and the Tukwila Community Center Campus are two key green spaces in Tukwila, Washington, a suburb of Seattle. Both parks are situated near the Duwamish River, a significant natural and historical feature of the region. Their proximity to major landmarks like Boeing's facilities and Seattle -Tacoma International Airport makes them easily accessible while also providing a peaceful retreat within an urban environment. The name "Tukwila," derived from the Duwamish word for "hazelnut," reflects the area's rich natural heritage, including the once -abundant hazelnut trees. Joseph Foster Memorial Park, covering nine acres, offers a variety of recreational amenities across its three distinct areas, including sports fields, courts, picnic shelters, and playgrounds. The Tukwila Community Center Campus, set along the Duwamish River, features open spaces and mature vegetation that enhance its tranquil atmosphere. The master plans for these parks focus on enhancing their natural settings, improving accessibility, and creating cohesive, engaging environments that honor the area's cultural and environmental heritage. These renovations aim to strengthen the connection between the community and the land, fostering spaces that are both enjoyable and ecologically sustainable. Duwamish Hill Preserve Duwamish Park Tukwila Community Center Campus Foster Points` Tukwila Hill Codiga Park Riverton Park Joseph Foster Memorial Park Cascade View Community Park Macadam Winter Garden Fost‘r Thorndyke MI4 " 147 Existing Site and Scale Joseph Foster Memorial Park BASEBALL DIAMONDS FIELD 1 DOG PARK LOWER FOSTER ATHLETIC FIELD PARKING HISTORIC MARKER - - HISTORIC PARKING -` - - - - __ ,. S 139TH STREETnor MARKER PICNIC SHELTER LEE PHILLIPS ATHLETIC FIELD PLAY AREA FORMER RESTROOM MULTI -SPORT COURT IS 140TH STREET 6 148 Overall Preferred Concept Plan Joseph Foster Memorial Park The redesign of Joseph Foster Memorial Park seeks to breathe new life into its existing 9-acre landscape while maintaining its core elements. By unifying the north and south sections through the closure of S 139th Street, the park will transform from three distinct areas into one cohesive space. This approach preserves the park's natural features, enhancing them to foster larger ecosystems and create a more connected experience for visitors. The design leverages the existing topography, turning the slopes into signature attractions like the "Play Slope," which will feature universally accessible pathways, slides, scrambles, and ziplines, all integrated with natural stormwater management. LEGEND O O O O O O 0 LOWER ATHLETIC FIELD Artificial turf and field lighting, new outfield fencing and "green monster." PICKLEBALL COURTS Covered uses, colorful overlay, eastward oriented, lighted. Pickleball and basketball courts. OUTDOOR GYM Colorful overlay, crossfit area, bouldering wall. BARK'S BUTTE Islands of green, improved access, and amenities at dog park in upper west corner of park. PLAY SLOPE The park's signature: former road reclaimed as terrace and park program that embraces and uses the slope. BASKETBALL COURT New "sunken" basketball court provides "hang" space and ball control (no fence). WETLAND GROVE A collection of deciduous trees with underlying "goat -trails" and benches. MEADOW MOUNDS "Mima Mounds" - mounds of playful mowed lawn topography. PICNIC SHELTER 2-3 picnic shelters available for small party rental. FOREST EDGE Reforested edges provide sound buffering and "good neighbor" buffer for surrounding area. COMMUNITY BOWL Small, paved area embedded into created topography with stage. Could also be used as a skate spot. S 139TH STREET The park's core recreational areas will be revitalized with new amenities, ensuring they meet the community's evolving needs while honoring the park's original structure. 'Tukwila Terrace' will host structured play areas, including courts for tennis, pickleball, and basketball, an outdoor gym, and a centrally located dog park. The "gathering green" will serve as a community hub, offering improved facilities like restrooms, picnic shelters, and youth soccer fields with natural grass. The redesign emphasizes maintaining the park's foundational elements while giving them fresh purpose, ensuring it remains a vital, dynamic space for all visitors. LOWER FOSTER FIELD GATHERING OGREEN LEE PHILLIPS HELD 0 D m Z •+ m• co Y 0 10' 20' 40' 9 � + 149 Design Focus Area Joseph Foster Memorial Park 1O REC ZONE: Enhance and improve recreation. O TUKWILA TERRACE: Includes Bark's Butte dog park and sheltered pickle ball and outdoor fitness area. OBARK'S BUTTE: Islands of green, improved access and amenities at dog park in upper west corner of park. 150 ® PLAY SLOPE: The park's signature: former road reclaimed as terrace and park program that embraces and uses the slope. O GATHERING GREEN: A place for ecological diversity and passive park use including picnic shelters and nature paths through a unique topographic landscape. Central to many more active park uses. LOOPING PATHS: Ties together different areas of the park, enhancing connectivity and ensuring that like -uses are grouped harmoniously. Community Outreach Engaging the community through surveys and discussions is a crucial step in the master planning process forthe Tukwila parks. These tools allow designers to gain valuable insights into the needs and desires of the people who use these spaces, ensuring that the final plans reflect the community's vision. By gathering input directly from residents, the design process becomes more inclusive, leading to a park design that truly serves the diverse interests of the community. This collaborative approach not only fosters a sense of ownership and pride among community members but also helps prioritize improvements that will have the most meaningful impact, creating parks that are not only beautiful and functional but also deeply aligned with the community's values and expectations. 49 Attendees gifi 10 Languages On November 16, 2023, the City of Tukwila, Global to Local, and Healthpoint hosted a community dinner and asked attendees to share their needs and vision for parks in Tukwila through a written survey and group discussion. Some of the key takeaways are presented here. This information along with responses gathered from the Tukwila Community Center Campus and Foster Park online surveys will help Tukwila Parks and Recreation better serve the community, not only at these two parks, but across the entire park system. Most Represented QNeighborhoods 1. Foster Q 2. Cascade View 3. Riverton General Make -Up of Attendees Question: What needs improvement at Tukwila Parks? Common Attendee Responses: A • 3 Public Safety General Access More lighting, fencing, security presence and reduce illicit activities Increase awareness and public transportation options to parks roc, Maintenance More routine, reduce drug paraphernalia found in parks Question: What makes a good park? Common Attendee Responses: Destination Play Walk/Run Paths Contemplation Areas Lighting ro Outdoor Cooking r Family Restrooms Outdoor Gym Protected Play Performance Areas Most Visited Parks ., 1. Cascade View IP: 2. Community Center i 3. Crestview 1 Restrooms More needed with better upkeep and comfortable/secure for families. 41#' Play Spaces More all-age/ability options with better upkeep and security • Multi -Sport Fields Dog Areas Ample Parking (;) Accessible by Public Transport Regular Maintenance Community Outreach a-. 152 11111112 Rewilding and Park Ecology Existing Site Tukwila Community Center Joseph Foster Memorial Park The Tukwila parks master plan places a strong emphasis on rewilding the natural elements at both the Tukwila Community Center Campus and Joseph Foster Memorial Park. This approach includes creating enhanced stormwater management systems through functional and aesthetically pleasing rain gardens that not only control runoff but also support local ecosystems. The parks will be replanted with new trees to increase habitat opportunities and provide essential shade cover, contributing to the health of the urban forest. In addition, the plan focuses on enhancing vegetation diversity by incorporating pollinator -friendly plantings with seasonal perennials, fostering a vibrant and resilient ecosystem. The restoration of the understory with native Northwest species will further reinforce the parks' commitment to ecological restoration, creating spaces that are not only beautiful but also vital for local wildlife and plant communities. Enhanced stormwater management with functional and beautiful rain gardens Replanted with new trees for increased habitat opportunities and shade cover Enhanced vegetation diversity and provide pollinator planting with seasonal perennials Restored understory with native Northwest planting Nig13 k+ 153 Items for Additional Study As the Tukwila parks master plan progresses, several key areas require further exploration toensure thatthe parks serve the community effectively and create a welcoming, enjoyable environment. These additional studies will help address potential challenges and identify opportunities to enhance the overall experience for park visitors. By carefully examining these areas, the plan can be refined to better meet the needs of the community and create spaces that are both functional and reflective of Tukwila's unique identity. 1) Parking Study The parking study for the Tukwila parks master plan aims to balance visitor needs with environmental and community goals. By assessing current use and future demand, the study will explore ways to reduce the parking footprint through enhanced public transportation, carpooling, and improved pedestrian and cycling access. It will also consider redesigning parking areas to serve dual purposes, transforming them into flexible spaces for community events and activities. Incorporating green infrastructure like permeable pavements and rain gardens will further integrate these areas into the park's natural environment, shifting the focus from cars to creating multifunctional, sustainable spaces that better serve the community. 2) Community Identity Feature The community identity features within the Tukwila parks master plan are designed to reflect and celebrate the distinct character and history of each park. At the Tukwila Community Center, the identity feature might focus on honoring the site's connection to the Duwamish River and its cultural significance, potentially through public art or a symbolic structure that draws on the area's indigenous heritage and natural beauty. This feature would serve as a central gathering space, enhancing the connection between the community center's indoor and outdoor environments. 3) Enhancing the Duwamish In contrast, the identity feature at Joseph Foster Memorial Park would likely emphasize the park's role as a recreational and social hub within the community. This could take the form of a landmark that celebrates the park's history as a place for sports, play, and family gatherings, creating a focal point that invites visitors to engage with the park's amenities and its rich community legacy. By tailoring each identity feature to the specific context and history of the park, the master plan ensures that both sites resonate deeply with the local community, fostering a stronger sense of place and belonging. The Duwamish is the greatest asset of the Community Center site, a treasure waiting to be more fully embraced. The river is also a heavily impacted ecology in need of restoration. Further study can add detail to the best way to enhance the park's shoreline frontage to enhance the river's ecology even as it enhances the park's experience. Imagine this spot on the Duwamish, at its best, become part of a "water trail" for the community connecting multiple sites along the Duwamish, and even be a "canoe landing" for local tribes! 154 Attachment C TYPICAL MAX. FRONTY RD SETRACK—`,,„ PRESUMED PROPERTY 20 FIELD 2 FIELD 1 FENCE KEY (FIELD 1) 0 25' TOTAL HEIGHT (10' CLF, e15' NETTING), APPROX. 240LF 0 10' WING I PERIMETER FENCE, APPROX. 535LF O4 PERIMETER FENCE, APPROX. GOLF FENCE KEY$FIELO 2) C�) 30' BACKSTOP, APPROX. 80LF l"/ �25' TOTAL HEIGHT (10' CLF, e15' NETTING),APPROX. 57OLF `J \10 WING I PERIMETER FENCE, APPROX. 380LF ® 4 PERIMETER FENCE FENCE KEY (FIELD 3) 0 25'TOTAL HEIGHT(10' CLF, e15' NETTING),APPROX. 240LF O^10' WING I PERIMETER FENCE, APPROX. 535LF U 4' PERIMETER FENCE, APPROX. SOLF FIELD 3 NARRATIVE (FIELD)) The site fits up to a 120 fleldsi0e (150' x225') with li.tle or no roomto spare. As such, consltlerthe expense oflighlsys. thereturnin added schedulecapacity Fencing includes 25' overall heightball control tencing/nelling behindme penalty box - this to0may be hough on the slreetside probably worth Neexpense. Themalorily of theperimeterincludesa 10. fence, with a Onencealongthe street frontage - including a pairol 20' openings to the sidewalk At $16.00/0x4330 5sl we estimate a base cost of $779,5000. Add $4.05rsf or $175,385 for det2ntionand water quality treatment. Lighting as describedustng 80' polescurrenlly runs approximately$)0,000/polex4 $280,000. Total as shown $1,235,000 NARRATIVE (FIELD 2) We end themosl standard orientation (home platelo the southwest) as Illebest option fortis site. providing [behest accessibility including'offslreeT paMiingfor about 25cars The LlO. League Field Is suitable for use up to aboutage 12 (possibly 11 - checklocal corms) fer baseball based on the right field dislanceol 230' andleft field 250'. LL softball coulduse this field at allagesas Me required oullield tennis lypkally max. 225' This lies a 12U lieldnicely Bleachers shown are all portable,however the 21' x5-rowuntt behind home plate is likely semi -permanent in thatlocaeion. The 21' x 3row uniton thehrstand second basesides can be usedlor soccerwhen scheduled Dugouts shown are e' x40', allowing 30' of pay ex bench, wheel char parking, and space fora liner receptacle andbal rack Dugouts areshown covered Theralionalorthts isthat with a syntheticlureplay ig surface, it is possibleto play through a steady Oghtralnlmist ifsomecoveris provided. Wihoulcover,a ga emlghtbe called despite playable surface conditions. AI$22.50/sfx67,800sf weestimatea base costof$1,525,500. AAd$4.0Use or$2750001or detentionand water quality treatment. Lighting as described using 80' polescunen0y runs approdmalely $70,000/p01e x7 $490,000. Total as shown $2,2$0$00 NARRATIVE(FIELD 3) Field Mils a full-sized soccerlieldwell, allowing for all -ages use in a variety of configurations. F mirg includes 25' overall hetghtball control Iencing/ne1ng behintlthe penally box - this loomay be excessive, hough on Me slreetside probably worth Me expense. Themajodty ofthe perimeter includes a 10' fence, webs 4 fence a ong. parktnglot frontage • induckng a pairol generous0Penings alongthe sidewalk Pt $18.00/sl 481,900s1 we estimate a base cost of $1,475.000. Add $4.051s1 or $331.500 for detention and =vaerquairy treatment. Lighting as described using 80' poles currently runs approximately$T0,000/polex4 $280,000. Total as shown $2,088,500. r v.➢ FRONT YARD n r �. YPICCALAL MAX. SETBACK YPICAL M1X. SIDE YAFO SETBACK TUKWILA PARKS MASTER PLAN - FOSTER MEMORIAL PARK NORTH r l DA HOGAN 155 Attachment D 156 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes March 23, 2026 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Hannah Hedrick, Chair; Verna Seal, Joe Torres Camacho Staff Present: Marty Wine, Pete Mayer, Laurel Humphrey, Eric Lund, David Rosen Chair Hedrick called the meeting to order at 5:30 p.m. 1. BUSINESS AGENDA a. Grant Acceptance: Riverton Park Playground Replacement Staff is seeking approval to accept $500,000 from the Washington Wildlife and Recreation Program - Local Parks Grant for the project, expected to be completed by the end of the year. Committee Recommendation: Unanimous approval. Forward to April 6, 2026 Regular Meeting Consent Agenda. b. Grant Acceptance: Joseph Memorial Park Turf Field Conversion Staff is seeking approval to accept $250,000 from the King County Department of Natural Parks and Resources. Committee Recommendation: Unanimous approval. Forward to April 6, 2026 Regular Meeting Consent Agenda c. Lease Agreement: Gregor House Staff is seeking approval of a lease agreement with the St. Stephen Housing Association to manage the use of Gregor House to provide transitional housing for families. Committee Recommendation: Unanimous approval. Forward to April 6, 2026 Regular Meeting Consent Agenda 2. MISCELLANEOUS Driver Privacy Act, Senate Bill 6002 Councilmembers and staff discussed the provisions of SB 6002 which was passed this year by the Washington State Legislature and regulates automated license plate readers. Discussion only. The meeting adjourned at 6:13 p.m. Committee Chair Approval Minutes by LH 157