Attachment A - Resolution 1390

RESOLUTION 1390 A RESOLUTION SUPPORTING A COLORADO PARKS AND WILDLIFE OUTDOOR RECREATION LEGACY PARTNERSHIP GRANT APPLICATION BY THE CITY OF BOULDER PARKS AND RECREATION DEPARTMENT TO FUND IMPROVEMENTS SUPPORTING THE BOULDER CREEK PARK PHASE 2 PROJECT; AND SETTING FORTH RELATED DETAILS THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY FINDS AND RECITES THAT: A.

WHEREAS, the City of Boulder (the “City”) seeks financial assistance for the

abovementioned project through the Outdoor Recreation and Legacy Partnership (ORLP) under the Land and Water Conservation Fund (LWCF) Program (Program) in the amount of $5,000,000; and B.

WHEREAS, the City commits to meeting all requirements of the Program, per the

Federal Financial Assistance Manual, and contract between the Applicant and State; and C.

WHEREAS, the City agrees to postpone any ground-disturbing activities related to

the project until after grant award and finalization of the contract with the State; and D.

WHEREAS, the City pledges to provide match funds, equaling $5,000,000,

understanding that failure to meet this amount will result in a reduction of grant funds; and E.

WHEREAS, the City acknowledges that full project costs must be incurred before

requesting reimbursement as per the project budget and approved State contract period; and F.

WHEREAS, the City commits to complying with all applicable local, state, and

federal laws and regulations, including Build America Buy America (BABA); and G.

WHEREAS, the City agrees to protect and maintain the site in perpetuity for

outdoor recreation, recorded on the real property title before final reimbursement, upon acceptance of the grant with the Parks and Recreation Advisory Board’s approval and advisory opinion from the Planning Board; and H.

WHEREAS, the City agrees to permit inspections of the site by the State at least

once every five years after project completion and to address any compliance issues promptly. NOW

THEREFORE,

BASED

ON

THE

FINDINGS

MADE

IN

THIS

RESOLUTION, ABOVE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: Section 1. The City of Boulder authorizes the submission of an application to the State under the Program for the abovementioned project. Section 2. Notwithstanding any other provision of this resolution or of any application document, all financial obligations of the City under this resolution, the application, or any resulting Grant Agreement are subject to prior annual appropriation of funds by the City Council, in its sole discretion. Nothing in this resolution, the application , or any resulting Grant Agreement constitutes a multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of Article X. Section 20 of the Colorado Constitution. Section 3. The City of Boulder affirms its commitment to fulfilling all obligations outlined in this resolution, contingent upon the application being selected, awarded and a contract between the applicant and the State being fully executed. This resolution does not obligate the City to accept an award or to execute a Grant Agreement, and does not convey, dedicate, or encumber any interest in real property. APPROVED this ____ day of ____________________ 2026.

_________________________________ Aaron Brockett, Mayor Attest:

______________________________ City Clerk

Attachment A