Res 10-600RESOLUTION NO. 10-600
A RESOLUTION of the City Council of the City of Federal Way,
Washington, Establishing the City Council's Intent to Use Funds from
the Downtown Redevelopment CIP Fund to Supplement the State Grant
of Five Million Dollars.
WHEREAS, the Washington State Legislature awarded the City of Federal Way Five Million
Dollars in June 2008, for a performing arts and cultural center and for infrastructure; and
WHEREAS, the deadline for expending the grant funds to purchase the property is December
31, 2010; and;
WHEREAS, the City has requested an extension for completing the related infrastructure
expenditures until mid-2011; and
WHEREAS, the City Council of Federal Way desires to accept the award; and
WHEREAS, the City negotiated a purchase and sale agreement for the parcel commonly
known as the former Toys R Us site located at 31510 20 Avenue South; and
WHEREAS, the negotiated purchase price is $5,375,000.00; and
WHEREAS, the identified infrastructure to accompany the project, which includes a value
for in-kind work, is street frontage improvements on 20 Avenue South as required by the Federal
Way Revised Code;
WHEREAS, the estimated value of said infrastructure improvements is One Hundred
Thousand Dollars ($100,000.00) pursuant to the State contract; and
WHEREAS, the total cost of the purchase price and the infrastructure under the State grant is
Five Million, Four Hundred Seventy-Five Thousand Dollars ($5,475,000.00), which exceeds the
State grant amount; and
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WHEREAS, the State requires documentation from the City Council of its intent to use City
funds to supplement the State's Five Million Dollars grant award; and
WHEREAS, the Downtown Redevelopment CIP Fund consists of monies from real estate
excise taxes, which limits the expenditures to capital projects; and
WHEREAS, the purchase of real property and infrastructure qualify as expenditures for the
real estate excise taxes; and
WHEREAS, the Downtown Redevelopment CIP fund is separate from the City's general
operating fund; and
WHEREAS, the Citv intends to seek reimbursement of the its site acquisition costs in the
amount of up to $437,670 from a grant for the performing arts and conference center project awarded
to the Cit�by the State De�artment of Commerce Communitv Development Program to acquire the
property, but has not accounted for said grant amount in the desi�nation in Section 1; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. The City Council of Federal Way intends to use Four Hundred Seventy-Five
Thousand Dollars ($475,000.00) from the Downtown Redevelopment CIP fund for the purchase of
the site and for related infrastructure.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
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Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
referencesthereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 7 day of December 2010.
ATTEST:
CITY OF F DERAL WAY
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MA OR, PRIEST
CITY CLERK, C OL MCN ILLY, CMC
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
11 /30/2012
12/7/2010
10-600
Resolution No. 10-600
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