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RES 18-739 - Authorizing Funds to Repurchase Hotel Property RESOLUTION NO. 18-739 A RESOLUTION of the City of Federal Way,Washington,authorizing the use of$2,000,000.00 from the Strategic Opportunity Reserve and up to$300,000.00 from the Contingency for Unanticipated Cost Reserve to fund the repurchase of Parcel No. 092104-9331 and closing costs. WHEREAS,the City Council of the City of Federal Way has determined that it is in the best interest of the City to repurchase the 1.86 acre parcel of real property adjacent to the Performing Arts & Event Center, Parcel No. 092104-9331 (the "Property"), from Ottone-Salinas, Inc. for $2,187,756.00; and WHEREAS, concurrent with this Resolution, the City Council authorized the use of City funds, not to exceed $2,187,756.00 plus closing costs, to repurchase the Property; and WHEREAS, the Finance Department identified the Strategic Opportunity Reserve and the Contingency for Unanticipated Cost Reserve(together,the"Reserves")as City resources that may be used to fund the repurchase of the Property and closing costs; and WHEREAS,the City Council finds that the use of the Reserves to fund the repurchase of the Property and closing costs is appropriate and consistent with the City's Reserve Fund Policy; and WHEREAS,the City Council desires to authorize the Finance Director to use$2,000,000.00 from the Strategic Opportunity Reserve to fund the repurchase of the Property and closing costs;and WHEREAS, the City Council desires to authorize the Finance Director to use up to $300,000.00 from the Contingency for Unanticipated Cost Reserve to fund the repurchase of the Property and closing costs; and WHEREAS,the Reserves will be replenished over a three-year period in accordance with the City's Reserve Fund Policy. Resolution No. 18-739 Page 1 of 3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Finance Director is authorized to use $2,000,000.00 from the Strategic Opportunities Reserve, for the purpose of funding the acquisition of Parcel No. 092104-9331 and closing costs.The City shall replenish the Strategic Opportunities Reserve over a three-year period. Section 2.The Finance Director is authorized to use up to$300,000.00 from the Contingency for Unanticipated Cost Reserve, for the purpose of funding the acquisition of Parcel No. 092104- 9331 and closing costs. The City shall replenish the Contingency for Unanticipated Cost Reserve over a three-year period. Section 3. 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. Section 4. 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 references thereto. Section 5.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6.Effective Date.This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 18-739 Page 2 of 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON THIS 3RD DAY OF JULY, 2018. CITY OF FEDERAL WAY: 411,- FE' 'ELL, MAYOR ATTEST: Ar 1 I SI P ANIE COURTNEY,0 C, CITY CLERK APPROVED AS TO FORM: 3--\(zeJJL_ J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 06/27/2018 PASSED BY THE CITY COUNCIL: 07/03/2018 RESOLUTION NO.: 18-739 Resolution No. 18-739 Page 3 of 3