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Home My WebLink About3352 Resolution RESSownoN NO.�� A RESOLUTION authorizing the City Manager to execute a co-application agreement with the Port of Pasco for an EDA Grant for completion of the Heritage Rail Spur Project. WHEREAS, The City, Port of Pasco, Benton Franklin Council of Governments, BNSF, and Franklin County have been working with private land owners to foster creation of the "Heritage Industrial Center," containing about 600 acres of industrial land south of East "A" Street; and, WHEREAS, The creation of the Heritage Industrial Center is a manifestation of one of the City's primary goals, to "foster more industrial investment to expand the community's tax base"; and, WHEREAS, A mainline rail switch and spur track was installed by the Port of Pasco in July 2010 at the west end of the industrial center at a cost of approximately $818,000; and WHEREAS, The cost estimate to complete the extension of track from the new switch to the City-owned property west of Road 40 East, is around $1.8 million, 80% of which($1.5 million)may be available to the City as an EDA grant; and, WHEREAS, the Port of Pasco will own, operate, and maintain the rail line in perpetuity, and they are required to be a co-applicant with the City for any grant monies received; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. That the City Manager is hereby authorized to execute a co-application agreement(Exhibit 1)with the Port of Pasco for an EDA Grant for completion of the Heritage Rail Spur Project. Passed by the City Council of the City of Pasco this d 1_day of -2011. Matt Watkins Mayor AT APPROVED AS TO FORM: . 931f s . e c_Akk k - Leland B. Kerr City Clerk City Attorney LETTER OF AGREEMENT REGARDING GRANT FUNDING FOR INSTALLATION OF A RAILROAD SPUR LINE ON PROPERTY IN THE HERITAGE INDUSTRIAL PARK 1) PARTIES AND PROJECT: BY THIS LETTER OF AGREEMENT, hereinafter referred to as "Agreement," entered into this day of , 2011, the City of Pasco, Washington, a municipal corporation, hereinafter referred to as the "City", and the Port of Pasco, Washington, a municipal corporation, hereinafter referred to as the "Port", do enter into this Agreement for the purpose of obtaining grant funding for installation of a railroad line on property in the Heritage Industrial Park: 2) OWNERSHIP AND LAND USED FOR THE EDA PROJECT: This Grant Application Agreement concerns the installation of a railroad spur line on property in the Heritage Industrial Park in the City, as shown on`Exhibit#1."The portions of this property which will receive the rail line is a dedicated rail access right-of-way, and the rail extension to be installed thereon will be owned, operated, and maintained in perpetuity by the Port,and: 3) ECONOMIC DEVELOPMENT ADMINISTRATION(EDA)FORMS a) The Port and the City agree to adhere to the Award Documents,which include: i) The Financial Assistance Award. ii) The ED-50S Budget accompanying the Award. iii) The Special Award Conditions and Standard Terms and Conditions for Public Works and Development Facilities accompanying the Award. iv) The EDA publication, Summary of EDA Construction Standard, which is sent to Recipients by Project Engineer after EDA receives an executed original Financial Assistance Award. b) The Port and the City agree to adhere to the provisions of the United States Statutes codified in the United States Code and EDA regulations, codified in the Code of Federal Regulations(CFR), any Federal Register announcements, and OMB Circulars applicable to EDA Public Works projects. 4) BOUND: The parties to the Agreement understand that they will be bound by the application forms and award documents that they execute and the applicable statutes and regulations as provided in the Agreement, and that all the parties to the Agreement agree to each submit the following application materials with original signatures: a) SF-424 first 4 pages of the Application. b) Assurances-Construction Programs(2 pages). c) EDA Construction Investments Additional Assurances. Heritage Rail Grant Agreement between City of Pasco& Port of Pasco Page 1 of 2 d) Certification Regarding Lobbying,Form CD-51 1. e) Disclosure of Lobbying Activities(for EDA project)only if lobbying for project is done. f) Exhibit"A" included with Environmental Narrative. S) TASKS:The Port and the City will be responsible for the following specific tasks: a) The City will file all EDA project reports, receive and distribute grant funds, file EDA financial reports, bidding, award and management of the construction contract(s) for the project components involving the construction of the rail line. b) The Port will be responsible for long-term maintenance of the finished rail line. 6) AUTHORITY. It is not intended that a separate legal entity shall be established to conduct the cooperative undertaking nor is the acquiring, or holding, or disposing of real or personal property anticipated.The City Manager and Port Executive Director are designated as the Administrator of the project. 7) INCLUSIVE: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached.No other understandings, verbal or otherwise,in regard to the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties. CITY OF PASCO Gary Crutchfield,City Manager Date PORT OF PASCO James E.Toomey,Executive Director Date Heritage Rail Grant Agreement between City of Pasco& Port of Pasco Page 2 of 2 •fir r f a' yy�� rt,t raY , .w i r y# n i ice.�.v ,..-� 'f•,J� h .; pp+ i ,�jyyy �y AU Cc .,V l I Ii � F t 'fit `" AI4 % _