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Home My WebLink AboutCity Council Meeting - Council - Agenda - 12/10/2002 Cv i City of Kent City Council Meeting Agenda KEN T W A S H I N G T O N Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr RicoYingling December 10, 2002 Office of the City Clerk SUMMARY AGENDA KENT CITY COUNCIL MEETING \ �9 December 10, 2002 �•/ KENT Council Chambers WASNINOTON 7.00 p in. MAYOR: Jim White COUNCILMEMBERS. Judy Woods, President Tim Clark Connie Epperly Leona Orr Julie Peterson Bruce White Rico Yingling ################################################################################# 1 CALL TO ORDER/FLAG SALUTE—American Legion Honor Guard will present the colors 2 ROLL CALL t%S 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Employee of the Month B. Introduction of Appointees C. Kiwanis Club of Kent Donation D Bicycle Advisory Board Presentation E. Government Finance Officers Association Distinguished Budget Award for 2002 Presentation �. Letk- fcenl -fAe Gvve1'ne< 5. PUBLIC HEARINGS None 6 CONSENT CALENDAR A Minutes - Approval B Bills—Approval C. Annexation for South 277th Street Corridor—Authorize D South County Area Transportation Board Agreement—Authorize E. Klouzal Rezone Ordinance—Adopt 3 b Z 8, F. Re-appointment to Kent Human Services Commission—Confirm G. Council Re-appointment to Kent Human Services Commission—Confirm H Re-appointment to Kent Disability Board—Confirm I Re-appointments to Kent Bicycle Advisory Board—Confirm J Re-appointments to Land Use and Planning Board—Confirm K. Re-appointment to Regional Justice Center Advisory Board—Confirm L. Appointment to Kent Lodging Tax Advisory Committee—Confirm M Kent Lodging Association Budget—Approval N. 2003 Kent Reporter Contract—Authorize O. Reallocate Limited Tax General Obligation Bond Funds—Approval P. Aukeen Municipal Court Lease Agreement—Authorize Q. 2002 Budget Amendment Ordinance—Adopt � (y )9 R. 98th Avenue South Widening—Accept as Complete S. Kent-Meridian High School Sidewalk—Accept as Complete T Dover Court Townhomes Bill of Sale—Accept U Kent Taco Time Bill of Sale—Accept V Public Defense Services Agreement—Authorize (continued next page) SUMMARY AGENDA CONTINUED 7 OTHER BUSINESS �30 A. 2002 Property Tax Percentage Adjustment for 2003 Budget Ordinance—Adopt 3 B. 2002 Property Tax Total Levy for 2003 Budget Ordinance—Adopt 3 b-1 C. 2003 Budget Ordinance—Adopt 3 639-- D ' Kent Pool 155uG 8 BIDS None 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION A. Pending Litigation ' res '[vf 13 ADJOURNMENT NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci.kent.wa.us. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725 For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. III-gas girl ill Its • � M �� g u s $ s �e �c= It its tat VCR 'Q�j q N� Lrg9 r N E 2�LL 5� M till $ '31 � w • CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC • PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) INTRODUCTION OF APPOINTEES C) KIWANIS CLUB OF KENT DONATION D) BICYCLE ADVISORY BOARD PRESENTATION E) GOVERNMENT FINANCE OFFICERS ASSOCIATION DISTINGUISHED BUDGET AWARD FOR 2002 PRESENTATION CONSENT CALENDAR 6. City Council Action / ,/� Councilmember �N D �Q moves, Councilmember /(�/ / seconds to approve Consent Calendar Items A through V. Discussion Action C 6A Approval of Minutes Approval of the minutes of the regular Council meeting of November 19, 2002 6B. Approval of Bills. Approval of payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on November 19, 2002. Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/02 Wire Transfers 1296-1305 $1,083,201 12 11/15/02 Prepays & 540928 2,072,184 86 11/15/02 Regular 541486 1,221,752.20 $4,377,138 18 Approval of checks issued for payroll for November I through November 15 and paid on November 20, 2002: Date Check Numbers Amount 11/20/02 Checks 264488-264781 $ 243,001 13 11/20/02 Advices 137661-138352 1,173,833 82 $1,416,834.95 Council Agenda Item No. 6 A-B • KEN T Kent, Washington WASNINGTGN November 19, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Council members present : Epperly, Orr, Peterson, White, Woods and Yingling. Others present: Chief Administrative Officer Martin, City Attorney Brubaker, Deputy Police Chief Miller, Fire Chief Schneider, Public Works Director Wickstrom, Parks Director Hodgson, Community Development Director Satterstrom, Finance Director Miller, and Employee Services Director Viseth. Approximately 30 people were at the meeting. Council member Clark was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA At the Mayor' s request, Consent Calendar Items V and W , (Strawberry Place Phases I and II Bills of Sale) were removed from the agenda. Woods added Consent Calendar Item Y (Excused Council Absence) and Other Business Item C (King County Conservation Futures Agreement) . Martin added pending litigation and another property acquisition to the Executive Session, and noted that no action on them is anticipated. (CFN-198) PUBLIC COMMUNICATIONS Green Business of the Year. Robyn Bartelt, Conservation Specialist, explained that this award recognizes a Kent business for their outstanding achievements in waste reduction, recycling and purchasing recycled content products . She announced that the first annual Green Business of the Year Award goes to Panasonic Services Company, which has over 200 employees and recycles nearly 70% of their products . She presented the award to Tony Havner, Brad Moskowitz and Robert Kallish, who expressed appreciation for this recognition and offered to provide tours of their facilities to those who are interested. (CFN-198) Feed America Thursday. Mayor White read a proclamation noting that Thanksgiving Day celebrates the spirit of selfless giving and an appreciation for family and friends, and that thirty-three million Americans, including thirteen million children, live in households without an adequate supply of food. He proclaimed Thursday, November 21, 2002, as Feed America Thursday, and urged the people of Kent to generously share with others by donating money or food to a charitable or religious organization to feed the hungry. (CFN-155) 1 Kent City Council Minutes November 19, 2002 PUBLIC COMMUNICATIONS Bible Week. Mayor White noted that the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries and that it continues to provide inspiration, hope and comfort for millions of Americans today. He proclaimed November 24 - December 1, 2002 , as Bible Week in the City of Kent, and encouraged interested citizens to participate in this observance. (CFN-155) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through Y, with the exception of Items V and W. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM GA) (CFN-198) Approval of Minutes. Approval of the minutes of the regular Council meeting of November 5 , 2002 . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6G) (CFN-171) Freight Action Strategy (FAST) Memorandum of Understanding. Authorization for the Mayor to sign the Memorandum of Understanding among the principal parties of the FAST Corridor, as recommended by the Public Works Committee . The agreement is non-binding, however it establishes participation goals for the Federal , State, Port, Railroads and city share of project costs . (CONSENT CALENDAR - ITEM 6H) (CFN-1019) Washington State Department of Transportation (WSDOT) Utility Funds Transfer. Authorization for the Public Works Department to move past and present WSDOT storm drainage utility fee revenue from the sewer operating fund into the Garrison Creek (D20037) project fund, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6U) (CFN-1038) Meadow Hills Sanitary Sewer. Accept the Meadow Hills Sanitary Sewer project as complete and release retainage to Westwater Construction upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $288 , 124 . 16 The final contract amount is $312 , 951 . 85 . 2 Kent City Council Minutes November 19, 2002 PUBLIC WORKS (OTHER BUSINESS - ITEM 7B) (CFN-1065) Tacoma Second Supply Project - Seattle Share. The City of Seattle has relinquished its share of the Second Supply water project . Prior to Seattle 's relinquishment, Kent had only one potential option to meet its projected long-term water supply needs, the proposed impoundment reservoir. Seattle ' s relinquishment now gives Kent a second option. However, should Kent choose not to take advantage of this option, the remaining partners will find another agency to take this share. Presently, three of the four remaining partners (Tacoma, Covington Water District and Lakehaven Utility District) have agreed to pick up three quarters of Seattle ' s original share, thus leaving the last quarter for Kent . The Public Works Department recommends that Kent pick up this last remaining quarter. CAO Martin stated that this is a critically important issue. He displayed graphs relating to water use and needs, water sources, water rates, the impoundment pro- ject , and financial options . After explaining both the impoundment reservoir option and the Seattle share option thoroughly, he recommended that the City purchase the additional Seattle share of the Tacoma Pipeline project, increase water rates 5% annually for three years effec- tive 2003 , increase system development fees effective 2003 , direct staff to analyze possible options for selling all or a portion of the Impoundment Reservoir property prior to proposing any future water rate increase, and review rates and options prior to January 2006 . He noted for Yingling that water may be available for sale in 2007 . WOODS MOVED to adopt Ordinance No. 3626 authorizing the Mayor to sign a revised Second Supply Project Partnership Agreement and a Repayment Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director Peterson seconded. Woods said this is a very important infrastructure project, and that this is a wonderful opportunity to provide water for Kent citizens at a very good price . Yingling agreed, and noted that water is needed for future commercial economic develop- ment The motion then carried. 3 Kent City Council Minutes November 19, 2002 PUBLIC WORKS WOODS MOVED to adopt Ordinance No. 3627 increasing water rates over the next three years and also increasing the system development charges in the first year to pay for the additional financial obligations that go with the execution of the revised Second Supply Project Agreement . Yingling seconded. Woods said the City is doing its best to keep water rates under control . Orr spoke in support of the proposal, noting that it is important that new development help with the cost . The motion then carried. WOODS MOVED that in the event that alternate funds become ,available for water utility purposes, the Mayor direct staff to provide a reduced rate structure . White seconded. Woods explained that the intent is to ensure that if the economy grows or large amounts of water are sold, that would be passed on to the customers . The motion then carried. WOODS MOVED to direct staff to analyze possible options for selling all or portions of the City property cur- rently designated for future use as an impoundment reservoir before adoption of the 2006 budget and before proposing any future water rate increases . Orr seconded. Woods expressed hope that the sale of the property will result in the addition of significant resources to the water fund and make it unnecessary to raise water rates again. Peterson said it is important to get every bit of equity out of the impoundment reservoir property to offset the costs in a financially responsible way. The motion then carried. Joe Rubio, 3831 S . 248th, commended Martin and the staff on the presentation made tonight, stating that it was precise and understandable REZONE (CONSENT CALENDAR - ITEM 6M) (CFN-121) 108th Avenue Townhomes Rezone Ordinance. Adoption of Ordinance No. 3625 relating to land use and zoning, rezoning two (2) parcels of property comprised of approximately 1 . 1 acres and located approximately two blocks south of Southeast 240th Street on 108th Avenue Southeast, from Community Commercial (CC) to Multifamily Residential Townhome District (MR-T16) (108th Avenue Townhomes Rezone, RZ2002-1) . 4 Kent City Council Minutes November 19, 2002 REZONE (OTHER BUSINESS - ITEM 7A) (CFN-121) Klouzal Rezone (RZ-2002-2) . Steve Burpee and Steve Klouzal have requested a rezone of approximately 4 . 78 acres of property from SR-8 , Single Family Residential , to MR-T16 , Multifamily Residential Townhouse . The property address is 2635 S . 260th Street . A public hearing was held before the Hearing Examiner on October 2 , 2002 , and the Hearing Examiner issued Findings, Conclusions and a recommendation to approve the rezone on October 16, 2002 . ,Chris Hankins of the Planning Department explained the project, noting that this property was before the Council as a 2001 Comprehensive Plan Amendment/Rezone, and that approximately 3 . 5 acres of the property is delineated as wetlands . He pointed out that the applicant has not proposed a development at this time and the request is considered a non-project rezone . He clarified that the property east of the site is zoned MR-M. ORR MOVED to accept the findings, conclusions and recommendation of the Hearing Examiner on the Klouzal Rezone and to direct the City Attorney to prepare the necessary ordinance . White seconded and the motion carried. FIRE (CONSENT CALENDAR - ITEM 6C) (CFN-122) Symtron Systems Lease Agreement Renewal . Authorization for the Mayor to execute the lease agreement renewal between the City of Kent and Symtron Systems, Inc . for office space located at Fire Station 74 , 24611 116th Avenue SE. Symtron has been leasing office space from the City of Kent Fire Department since November of 2001 , which has improved response times for repairs and maintenance to training tower burn simulators . The lease agreement is identical to the previous agreement . (CONSENT CALENDAR - ITEM 6D) (CFN-122) King County Medics Lease Agreements Renewal . Authorization for the Mayor to execute lease agreements between King County and the City of Kent for housing 5 Kent City Council Minutes November 19, 2002 FIRE Medic Units at Fire Stations 76 (Valley Industrial Area) and 75 (Soos Creek Station) . These agreements were entered into based upon the need to add paramedic units to the Valley area (Station 76) and to maintain the current medic unit at Station 75 (near Soos Creek) . The agreements are identical to the previous agreements except the monthly lease fee was increased by CPI and the term of the agreements was extended (years 2003 through 2004) . .(CONSENT CALENDAR - ITEM 6E) (CFN-122) Sale of Surplus Fire Vehicle. Authorization to surplus the 1981 GMC/Marion Aid Car (Apparatus 752 - VIN #507894) and to advertise the vehicle in local papers for sale with an asking price of $1, 500 or best offer. This vehicle is of no further use to the Fire Department due to its age, high mileage, and the cost to maintain. Funds from the sale of this vehicle will be placed in the Apparatus Replacement Fund. POLICE (CONSENT CALENDAR - ITEM 6F) (CFN-122) Local Law Enforcement Block Grant. Acceptance of FY2002 LLEB grant in the amount of $68, 410 with City match of $7, 601, interest account of $1, 600 for a total of $77, 611 . The grant is for Computer Crime Investigative Equipment, Safety Education Officer/Scooterville, Citizen Corps Program, Children' s Crime Prevention TV Show, and Officer Training Equipment . (CONSENT CALENDAR - ITEM 6N) (CFN-122) King County Live Scan Equipment Grant. Accept equipment and establish budget documents, as required, for Live Scan Equipment . The King County Regional AFIS ( "Automated Fingerprint Identification System" ) Committee awarded the Kent Police Department a redeployed Live Scan machine and printer through an application process . The AFIS Committee also provides installation of the equipment, software and a T1 . line and router. The Kent Police Department is required 6 . Kent City Council Minutes November 19, 2002 POLICE to pay the monthly T1 line charge which is currently approximately $200 . 00 per month. The equipment will be installed in the City of Kent Corrections Facility Annex Building. The equipment will support inmate programs, including the work crew, work release, work-time credit and day reporting. (CONSENT CALENDAR - ITEM 60) (CFN-122) Washington State Traffic Safety Commission Grant for Tra£fa.c Equipment. Accept funding in the amount of $4, 000 . 00 from WTSC for traffic equipment . This program .provided $1, 000 . 00 equipment funding for every 100 seat- belt violation citations written during the program period. Kent police officers wrote 401 seatbelt viola- tion citations; qualifying for $4 , 000 . 00 for traffic enforcement equipment . (CONSENT CALENDAR - ITEM 6P) (CFN-122) Washington State Traffic Safety Commission Grant for • DUI/Seat Belt. Accept funding from WTSC for the November DUI/Seat Belt Overtime Funding covering the "Drive Hammered - Get Nailed" Campaign. Funds will be used for overtime salaries of commissioned personnel in direct support of operational activity. DRINKING DRIVER TASK FORCE (CONSENT CALENDAR - ITEM 6Q) (CFN-122) Washington State Division of Alcohol and Substance Abuse Grant. Accept grant funding in the amount of $60 , 200 . 00 from Washington State DASA This is the second phase of the current RUaD (Reduce Underage Drinking) grant effective October 1, 2002 through June 30 , 2004 . ENERGY AUDIT (CONSENT CALENDAR - ITEM 6J) (CFN-120) Energy Audit Capital Improvements. Authorization for the Mayor to sign all necessary documents to allow Washington Department of General Administration to conduct an energy audit on City buildings, with repayment to the state over 12 years, based on realized energy savings . 7 Kent City Council Minutes November 19, 2002 . PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6R) (CFN-118) Clark Lake Outflow Restoration Grant. As recommended by the Parks, Recreation and Community Services Director, accept the National Fish and Wildlife Foundation and King County Water Works Program grants totaling $30, 000 and amend the Clark Lake Outflow Restoration Grant budget . (CONSENT CALENDAR - ITEM 6S) (CFN-839) King County Arts Commission Special Projects Grant. As recommended by the Parks, Recreation and Community Services Director, accept the $3 , 500 grant from the King County Arts Commission' s Special Projects Program and amend the Kent Arts Commission budget accordingly. (CONSENT CALENDAR - ITEM 6X) (CFN-1000) Auburn Home Repair Program Contract. As recommended by the Parks, Recreation and Community Services Director, accept an additional $25, 000 from the City of Auburn for the Auburn Home Repair Program and amend the budget accordingly. (OTHER BUSINESS - ITEM 7C) (CFN-118) (ADDED ITEM) King County Conservation Futures Interlocal Grant Agreement. Woods noted that at the Operations Committee meeting today acceptance of a grant of $400, 000 from the King County Conservation Futures program was considered. Parks Director Hodgson explained that the grant would pay back the acquisition on Clark Lake, and that it would involve entering into an agreement with King County and amending the budget . He outlined the history of the pro3ect and urged the Council to accept the grant . WOODS MOVED to accept the King County Conservation Futures Interlocal Grant in the amount of $400 , 000 and authorize the Mayor to enter into the King County Conservation Futures Agreement and amend the Clark Lake Land budget accordingly. Orr seconded and the motion carried. 8 Kent City Council Minutes November 19, 2002 FINANCE (CONSENT CALENDAR - ITEM 6K) (CFN-104) Miscellaneous Accounts Receivable and Utility Billing Write-Offs . Authorize miscellaneous Accounts Receivable and Utility Billing write-offs of $19, 367 .47 for accounts from 1995 through March 2001 that are primarily the result of bankruptcies and are deemed uncollectable, as recommended by the Operations Committee at their November 5, 2002 meeting. (CONSENT CALENDAR - ITEM 6L) (CFN-104) LIDS 350, 352 and 354 Bond Process. Approval to proceed ,with a combined LID bond issue for LIDS 350 , 352 , and 354, as recommended by the Operations Committee at their November 5, 2002 meeting. (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through October 31 and paid on October 31 after . auditing by the Operations Committee on November 5, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 10/31/02 Wire Transfers 1286-1295 $ 996, 034 . 23 10/31/02 Prepays & 540270 2 , 990, 894 . 56 10/31/02 Regular 540927 $8, 206 , 565 . 63 $12 , 193 , 494 . 42 Approval of checks issued for payroll for October 1 through October 15 and paid on October 18, 2002 - Date Check Numbers Amount 10/18/02 Checks 263861-264167 $ 251 , 452 85 10/18/02 Advices 136218-136914 1, 188, 684 . 54 $1, 440, 137 . 39 Approval of checks issued for payroll for October 16 through October 31 and paid on November 5, 2002 : Date Check Numbers Amount 11/5/02 Checks 264168-264487 $ 249, 820 07 11/5/02 Advices 136915-137660 1 , 136 , 945 . 35 $1 , 386, 765 . 42 9 Kent City Council Minutes November 19, 2002 FINANCE (PUBLIC HEARINGS - ITEM 5A) (CFN-186) 2003 Budget. This date has been set for the second hearing on the 2003 Budget . Finance Director Miller reviewed the preliminary budget, noting that it totals $120, 412 , 408 which is a decrease of 11 . 3% from last year. She then explained total City sources and uses of funds . She noted that about 25 vacant positions have been eliminated, that all departments reduced their travel budgets by 20%, and that I .T. staffing was cut, for a total savings of $2 , 878, 393 . Miller also noted that some things such as maintenance have been delayed and the funding moved to the General Fund. Mayor White opened the public hearing. Robert O'Brien, 1131 Seattle Street , suggested that the Mayor and Council members send a letter to the Independent Salary Commission telling them that due to the budget crisis facing the city, that they should forego any salary increases to elected officials except for the municipal . judges for the next two years Ted Kogita, 25227 Reith Road, said the city has done a good job of cutting taxes, but the rate is still too high. Joe Rubio, 3831 5 .248th, questioned the Mayor' s recent trip to China and how eliminating vacant positions can save money. He sug- gested putting the Kent Station project on hold. There were no further comments from the audience and WOODS MOVED to close the public hearing. Yingling seconded and the motion carried. Martin then explained that eliminating vacant positions is a valid technique to reduce the budget, and that he will most likely recommend using it again next year Regarding Kent Station, he recommended going full speed ahead at all costs, as that will grow the economy He also noted that there was an extraordinarily high number of employees who got extra- ordinarily sick this year. Mayor White spoke in support of his trip to China, noting that approximately 35% of the business that occurs in Kent is international trade, and said he makes no apologies for traveling to Asia in support of Kent ' s local business economy. Mayor White explained that the budget shortfall was caused mainly by a $1 . 8 million decrease in sales and 10 Kent City Council Minutes November 19, 2002 FINANCE utility taxes, a $900, 000 decrease in permit and plan check fees, a $400 , 000 loss of state backfill funds caused by Initiative 695, and a $1 . 7 million increase in the cost of providing employee health care . He said the shortfall was closed by making the following cuts, not by raising taxes : cutting or freezing 35 staff positions, delaying or deleting $1 . 1 million in capital proDects such as painting and roofing, delaying the purchase of $900 , 000 in vehicles, reallocating $1 million in revenue that would have been used for various capital pro3ects, making $1 . 1 million in miscellaneous reductions, and reducing the general fund reserve by $2 . 8 million. He added that the City will grow the economy with the Kent Station, build roads and continue constructing a mult- modal transportation network, help people in the community who have fallen on hard times, and provide public safety services . (PUBLIC HEARINGS - ITEM 59) (CFN-104) 2002 Tax Levy for 2003 Budget. This date has been set for the public hearing on the 2002 Tax Levy for the 2003 Budget . Finance Director Miller noted that final figures for property tax have not been received from King County. The Mayor opened the public hearing Upon a question from Robert O'Brien, 1131 Seattle Street , Mayor White explained that estimates are used until the final figures are received from the County. Miller then reviewed the figures . There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. Yingling commented that the City is taking a fairly conservative approach to property tax increases . (PUBLIC HEARINGS - ITEM 5C) (CFN-775) Capital Improvement Plan. This date has been set for the second public hearing on the Capital Improvement Plan. Miller explained the source of funds and how they would be spent , noting that money comes from the Capital Improvement fund, from grants, from contributions, from the Street and Utilities funds and from Councilmanic bonds . She added that there may be a voted public bond issue in 2005 for public safety. Miller stated that the 11 Kent City Council Minutes November 19, 2002 FINANCE funds would be spent on transportation, park development, improvements to buildings and technology, and utility projects . Mayor White opened the public hearing. There were no comments from the audience . WOODS MOVED to close the public hearing, Orr seconded, and the motion carried. GOVERNMENT AFFAIRS (CONSENT CALENDAR - ITEM GI) (CFN-1216) 2003 Government Relations Contract. As recommended by the Operations Committee, approval of the 2003 Government Affairs contract with Doug Levy of Outcomes by Levy. The contract covers Mr. Levy' s services and expenses for 2003 . These services include legislative advocacy at the local, state and federal level on the City' s high priority issues LEGISLATIVE AGENDA (CONSENT CALENDAR - ITEM 6T) (CFN-198) 2003 Legislative Agenda. Approval of the 2003 Legislative Agenda which serves as the advocacy workplan during the 2003 Legislative Session. The Agenda reflects the input of staff, Council and the Mayor' s Office and responds to issues expected to be prominently discussed in Olympia next Spring. This document was reviewed by Council during the October 15 , 2002 Workshop and forwarded to the November 19, 2002 Council Meeting for final consideration and approval . COUNCIL (CONSENT CALENDAR - ITEM 6Y) (CFN-198) (ADDED ITEM) Council Absence. Approval of an excused absence from tonight' s meeting for Council member Clark, as he is unable to attend REPORTS Council President. Woods invited all interested persons to attend the dedication of the East Hill Youth Sports Complex at 132nd and 248th at 4 : 00 p.m on November 26 . She also reminded everyone of the holiday celebration December 5-7 . (CFN-198) 12 Kent City Council Minutes November 19, 2002 REPORTS Operations Committee. Yingling expressed sympathy in the loss of Fire Creek Grill owner Jack Pederson. (CFN-198) Parks Committee. Woods noted that the next meeting will be at 4 . 00 p.m. on December loth. (CFN-198) Administrative Reports. Martin reminded Council members of an Executive Session of approximately twenty minutes, dealing with three items of property acquisition and pending litigation, with no action anticipated. He also announced that the permits for Kent Station have been received. (CFN-198) EXECUTIVE SESSION The meeting recessed to Executive Session at 8 :48 p.m. and reconvened at 9 : 15 p.m. (CFN-198) ADJOURNMENT At 9 15 p.m , WOODS MOVED to adjourn. Peterson seconded and the motion carried. (CFN-198) Brenda Jacobe CMC City Clerk 13 Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: ANNEXATION FOR SOUTH 277TH STREET CORRIDOR— AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for staff to take the necessary steps to prepare the necessary documents and submit a notice of intent to the boundary review board for the municipal annexation of two parcels on South 277th Street 3. EXHIBITS: Public Works Director memorandum, legal descriptions and maps 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION. Council Agenda Item No 6C PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E.,Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 W�$NI NOTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date: November 18, 2002 To: Puborks Committee From: Don Wickstrom, Public Works Director Regarding: Annexation for South 277th Street Corridor The City of Kent purchased right-of-way between Auburn Way North and the Green River for the construction of South 277th Street. This tight-of-way is in King County and abuts the northern limits of the City of Auburn, the east end is adjacent to a portion of the City of Kent. We are seeking Council approval to annex this property into the City of Kent After annexation,a separate action will de-annex the portion between Auburn Way N and "I" Street to the City of Auburn When these actions are complete, the cities of Kent and Auburn will have jurisdiction of the roadway for maintenance and other municipal purposes MOTION: Authorize staff to take the necessary steps and prepare the necessary documents to submit a notice of intent to the boundary review board for the municipal annexation of two parcels on South 277th Street. PARCEL'A' THOSE PORTIONS OF THE R H BEATTY DONATION LAND CLAIMS, NUMBERS 37 AND 44, WITHIN SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST,W M , AND SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST,W M , IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID DONATION LAND CLAIM NUMBER 37, THENCE N00°34'56"E, ALONG THE EAST LINE THEREOF,49 50 FEET TO THE NORTH RIGHT OF WAY LINE OF SO 277T"STREET(AKA 52ND STREET NE), THENCE N88°59'57"W, ALONG SAID NORTH LINE, 1492 31 FEET TO THE WESTERLY RIGHT OF WAY LINE OF 86T"AVENUE SO AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE CONTINUING ALONG THE NORTH LINE OF SO 277T"STREET, N88059'57"W 749 49 FEET TO AN ANGLE POINT IN SAID NORTH LINE, THENCE N01-00'03"E,ALONG SAID NORTH LINE, 6 89 FEET TO AN ANGLE POINT IN SAID NORTH LINE, THENCE N79°59'33"W, ALONG SAID NORTH LINE, 186 21 FEET, MORE OR LESS,TO THE EASTERLY LINE OF THE EAST VALLEY HIGHWAY(AKA CENTRAL AVENUE SO)SAID POINT BEING ON A 2810 06 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N72030'03"E, THENCE NORTHWESTERLY, ALONG SAID EASTERLY LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 01001'01', AN ARC DISTANCE OF 49 87 FEET TO A POINT ON A 50 00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N73°31'04"E, THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 72031'01", AN ARC DISTANCE OF 63 28 FEET TO A POINT OF TANGENCY, THENCE S88059'57"E 856 27 FEET, MORE OR LESS, TO A POINT OF TANGENCY WITH A 25 00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT, THENCE NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 104031'04", AN ARC DISTANCE OF 45 60 FEET TO A POINT OF TANGENCY WITH THE AFORESAID WEST LINE OF 867"AVENUE S , THENCE S13°31'01"E,ALONG SAID WEST LINE, 82 40 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH THOSE PORTIONS OF SAID DONATION LAND CLAIMS DESCRIBED AS FOLLOWS, COMMENCING AT THE SOUTHEAST CORNER OF SAID DONATION LAND CLAIM NUMBER 37, THENCE N00034'56"E, ALONG THE EAST LINE THEREOF, 49 50 FEET TO THE NORTH LINE OF SO 277T" STREET(AKA 52ND STREET NE)AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, THENCE N88°59'57"W ALONG SAID NORTH LINE, 1430 33 FEET TO THE EASTERLY RIGHT OF WAY LINE OF 0"AVENUE SO ,THENCE N13°31'01"W,ALONG SAID EASTERLY LINE, 69 45 FEET TO A POINT OF TANGENCY WITH A 25 00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT, THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 75028'56', AN ARC DISTANCE OF 32 94 FEET TO A POINT OF TANGENCY, THENCE S88059'57"E 1423 18 FEET TO THE EAST LINE OF SAID LAND CLAIM NUMBER 37, THENCE S00034'56"W,ALONG SAID EAST LINE, 48 50 FEET TO THE TRUE POINT OF BEGINNING CONTAINING APPROXIMATELY 111,268 SQUARE FEET OR 2 5544 ACRES, MORE OR LESS '•ASS,'.G.STE?i'uP,�.• Exo,HES�� L) I i «.JD as o �a a ~ g� ri i LC I '7T0 A.UYA WW OH 770 Oa01 JV Z Yd PTO X00 YN Q Q rc <` W U � 1 C Z � Q , 6 Z h 0, Y 3 N N IS „D„ a o -;o Z 'U z` N z W In W 1 J a Z. KC 6 <O 00 b O w m x F— _ C W" i v r y o <_ 11I 1 W My a Z II N 1 � U w << 11 a z �• owa < cr x D O a U < 3 Ir M✓a xa wzw n LLI U j'� z tr¢ aL J N ' J Z O W: N o HO n -Lf AW ay LLJ M JH AVE- S•) - P� >a (g3R�AL A_�sf.. o ��1LLI w= flYxt>YvILV'lLWLI �MJYI'id dlP/i1'xF�"r�y,L.>l'M+,TL PARCEL"B" THAT PORTION OF GOVERNMENT LOTS 6, 13, AND 14 IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W M , IN KING COUNTY WASHINGTON LYING WESTERLY OF THE WEST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO KING COUNTY, SAID LINE BEING DEPICTED AS A 150 FOOT SETBACK LINE FROM THE LEFT BANK OF THE GREEN RIVER IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 8003079002 AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE- COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 13, THENCE N00034'56"E, ALONG THE WEST LINE THEREOF, 98 00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE, THENCE S89040'09"E 817.74 FEET, THENCE N86005'27"E 268 24 FEET; THENCE N86015'30"E 649 93 FEET, THENCE N80°41'15"E 274 09 FEET, MORE OR LESS TO THE AFOREMENTIONED 150 FOOT SETBACK LINE AND THE TERMINUS OF THE HEREIN DESCRIBED LINE CONTAINING APPROXIMATELY 303,710 SQUARE FEET OR 6 9722 AC S, MORE OR LESS. ±• e,,s ��_ SSA Fla rifi • r i0:Jew - 4 � •rrC� x"1RES mp V U z W a X 2 2 J' i w aZ s CL Z s „ a zW W� o i o z ¢l a E+o W O h W o� a U cd o J U ¢ m • O =� r oQ zo r VXO N Q.WM Z a a ZLIA �� N < < � '3'N '1S „��,-- - Y7f3 a 7 I t i ' o n� NUJ W LLU�I YY 7 L[ / -i l0 ALlY38 11 Y +'� 0H 'J'10 0M% 3'0 iC/ '0l 0%0.7 Y M I 11 I nr 61 swt WJLUII e4.W 9 T e • Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: SOUTH COUNTY AREA TRANSPORTATION BOARD AGREEMENT—AUTHORIZE 2. SUMMARY STATEMENT: Authorization for the Mayor to sign a South County Area Transportation Board (SCATBd) revised agreement which includes the addition of the Muckleshoot Tribe as a voting member, clarifies that the King County Executive and a South King County Councilmember each have a seat and a vote, and recognizes that dues of approximately$250 per vote shall be considered by June 30, 2003, to be used,for purposes authorized by SCATBd. 3. EXHIBITS: Public Works Director memorandum and agreement 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 EXPENDITURE REQUIRED: $250.00 SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No. 6D PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E , Public Works Director Phone 253-856-5500 KENT Fax 253-856-6500 WASMINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date November 18, 2002 To: Public Works ittee From Don WickstromEblic Works Director Regarding South County Area Transportation Board (SCATBd) Agreement The South County Area Transportation Board (SCATBd) approved a revised agreement for the continuation of SCATBd The attached revised agreement includes the addition of the Muckleshoot Tribe as a voting member of SCATBd, clarification that the King County Executive and a south King County Councilmember each shall have a seat and a vote at SCATBd, and recognition that dues of approximately$250 per vote shall be considered by June 30, 2003, to be used for purposes authorized by SCATBd MOTION Recommend Council authorization for the Mayor to sign the South County Area Transportation Board (SCATBd) Agreement, upon concurrence of the language therein by the City Attorney and the Public Works Director AGREEMENT For the SOUTH COUNTY AREA TRANSPORTATION BOARD Parties to Agreement City of Algona Pierce Transit City of Auburn Port of Seattle City of Black Diamond Puget Sound Regional Council City of Burien Sound Transit City of Covington Transportation Improvement Board City of Des Moines Washington State Department of City of Enumclaw Transportation Muckleshoot Tribe City ofFedeFal Way King County City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Transmitted to participating members on October 23,2002 I THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA,hereafter called "Algona", the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called"Black Diamond", the CITY OF BURIEN,hereafter called "Burien'; the CITY OF COVINGTON,hereafter called"Covington'; the CITY OF DES MOINES,hereafter called "Des Moines", the CITY OF ENUMCLAW,hereafter called "Enumclaw",the CITY OF FEDERAL WAY,hereafter called "Federal Way"; KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County", the CITY OF KENT, hereafter called "Kent", the CITY OF MAPLE VALLEY, hereafter called "Maple Valley"; the CITY OF MILTON, hereafter called "Milton", the CITY OF NORMANDY PARK, hereafter called"Normandy Park'; the CITY OF PACIFIC,hereafter called"Pacific'; the CITY OF RENTON, hereafter called"Renton", the CITY OF SEATAC, hereafter called "SeaTac", the CITY OF TUKWILA, hereafter called"Tukwila", the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC", the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY,hereafter called"Sound Transit", the TRANSPORTATION IMPROVEMENT BOARD,hereafter called"TIB", the PORT OF SEATTLE,hereafter called the "Port of Seattle", PIERCE TRANSIT, hereafter called"Pierce Transit"; the MUCKLESHOOT TRIBE; and the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION,hereafter called"WSDOT." WHEREAS, South King County has a history of multi jurisdictional transportation planning dating back to the late 1970's including the Green River Valley Transportation Action Plan (GRVTAP),which was a multi jurisdictional effort coordinated by the Puget Sound Council of Governments(now Puget Sound Regional Council) and involving King County, the Washington State Department of Transportation, (WSDOT) and the cities of Auburn,Kent,Renton and Tukwila; and WHEREAS, each of thejurisdictions in the South King County area has experienced significant population growth and economic development in the last decade, and projects continued growth and development in the future; and WHEREAS, the enormous cost of many of the needed transportation improvements and their importance to South King County as a whole demonstrate the need for a cooperative approach to the planning, financing and construction of these improvements, and WHEREAS, King County, WSDOT and the South King County cities of Auburn,Des Moines, Kent, Renton,Tukwila, SeaTac, Bunen, Federal Way,Algona,Pacific,Milton,Normandy Park, Enumclaw, and Black Diamond in 1992 recognized that a cooperative approach to the transportation problems would facilitate application of the South King Countyjunsdichons for funding from the State of Washington and the United States, and in recognition of this,formed the South County Area Transportation Board (SCATBd)to serve as a central forum for solving transportation issues affecting the South County area jurisdictions, and were later joined by the new cities of Maple Valley and Covington, and the Muckleshoot Tribe WHEREAS, the King County Comprehensive Plan for Public Transportation -Long Range Policy Framework,adopted in 1993, divided Metro service into three geographic subareas for the purpose of allocating new transit subsidy; and WHEREAS, the Six-Year Transit Development Plan, adopted in 1995, calls for the three subarea transportation boards (the Eastside Transportation Partnership, South County Area Transportation Board, and Seashore Transportation Forum) to review,refine, and recommend service priorities to the King County Executive; and WHEREAS, Sound Transit relies on the three subarea transportation boards to REVIEW AND recommend modifications to Sound Move Plan implementation related services and projects,and to participate in future phase(Phase I1)high capacity transit development efforts. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows• 1.0 Purpose of Agreement The purpose of the Agreement is to identify the voting and non-voting members of the South County Area Transportation Board(SCATBd),and provide for the continuation of the SCATBd as the South County forum for information sharing, consensus building and coordinating to resolve transportation issues. 2.0 Role of SCATBd The SCATBd is the forum established for the South County subarea of King County(Exhibit 1) at which elected officials may provide input into the following decisions, and such other transportation-related issues as the members determine. • development of the King County Metro Six Year Transit Development Plan • implementation of transit service priorities • recommendatons for Transportation Equity Act for the 21 st Century (TEA-21)regional project identification and Countywide project selection • recommendations for modifications to Sound Move Plan service implementation-related services and projects and development of future Phase II planning efforts. The other two subareas have similar forums. the Eastside Transportation Partnership and the Seashore Transportation Forum. 3.0 Voting and Non-Voting Members 3 1. The members of SCATBd and their voting rights shall be as follows MEMBERS NUMBER OF VOTING REPRESENTATWES Algona 1 Yes Auburn 1 Yes Black Diamond 1 Yes Burien 1 Yes Covington I Yes Des Moines 1 Yes Enumclaw I Yes Federal Way I Yes King County 2 Yes Kent 1 Yes Maple Valley 1 Yes Milton 1 Yes Muckleshoot Tribe 1 Yes Normandy Park 1 Yes Pacific 1 Yes Renton 1 Yes SeaTac 1 Yes . Tukwila 1 Yes Port of Seattle 1 No i Puget Sound Regional Council 1 No Sound Transit 1 No Pierce Transit 1 No Transportation Improvement Board 1 No Washington State Department of Transportation 1 No 32 Existing or new cities legally formed under the laws of incorporation of the State of Washington may petition SCATBd for membership. The number of SCATBd representatives and the status of new members shall be determined by a simple majority of voting representatives present at a meeting of the SCATBd at which a quorum is present. 3.3 Private sector groups that represent the South County may be added as nonvoting members in SCATBd as determined by a simple majority of voting representatives present at a meeting of the SCATBd at which a quorum is present. 4.0 SCATBd 4.1 Each member city shall be entitled to one positron on the Board King County shall be entitled to two positions, one for the King County Executive, and one for a King County Councilmember representing the South King County area. The Port of Seattle, PSRC,TIB, Pierce Transit, Sound Transit and WSDOT shall be entitled to one position each. Each member shall appoint one representative and one alternate to the Board, each for one year terms. For the County and cities, the representative shall be an elected official; the alternate may be an elected official or high level staff member. . 42 The Board will be responsible for overall program direction, approving Technical Advisory Committee recommendations,and on-going communication with the governing body of each memberjunsdictron. 43 A majonty of the voting representatives shall constitute a quorum of the Board,which shall be required to conduct business. The Board shall act by majority vote of the quorum The Board shall establish its own bylaws and rules of procedure, and may modify these as appropriate Such bylaws and rules shall be consistent with the provisions of the Agreement, and modifications to such bylaws and rules will not alter this Agreement. 4.4 The Chair and Vice-Chair shall be elected by a majority of the voting representatives on the SCATBd, and each shall be one of the representatives of the county or a member city. The Chair and Vice Chair shall serve a term of one year from January 1 through December. 4.5 The Chair and Vice Chair shall conduct the SCATBd activities within adopted procedures and guidelines. They are responsible for setting meeting agendas, ensuring fair opportunity for discussion, signing correspondence, and speaking on behalf of SCATBd. 46 With a simple majority, the SCATBd can adopt resolutions in support of member jurisdictions or regional activities, authorize studies, approve correspondence or request information. 5.0 Committees 5.1. The Board may establish such committees as are necessary to carry out its purpose including but not limited to a Technical Advisory Committee as described below. 5.2. Each member jurisdiction or agency shall appoint an appropriate department director or division manager to the Technical Advisory Committee(TAC). The City of Seattle, Pierce County, the City of Tacoma, and Pierce Transit may appoint similar level staff to the TAC. Other jurisdictions, agencies, or groups maybe added as determined by the Board. The TAC shall provide technical assistance as requested by the Board and shall advise the Board of emergent transportation issues for the Board's consideration. To the extent possible, existing technical or other work groups with which South County jurisdictions are participating should be used. South County area staff could,if necessary, form a subarea caucus for the purpose of assisting in bringing issues to the Technical Advisory Committee or the Board. 6.0 Lead Agency King County shall provide general administrative and program support for the SCATBd and will be the Lead Agency for the purposes of coordination and receipt of any funds or contract administration King County assumes wage and benefits cost of its staff performing Lead Agency responsibilities 7.0 Member Agency Staff Support Each member jurisdiction and agency is expected to contribute such staff as is necessary to accomplish the work program adopted by the SCATBd 8.0 Work Program The SCATBd may undertake activities consistent with its purposes and shall prepare an annual work program for the following year and progress report on the year just completed for submittal to its members 9.0 Cost Sharing Guidelines. I 9.1 At such time that member jurisdictions and agencies agree that a specific undertaking of the Board requires financial support, these guidelines shall generally apply (1) Annual Review of Financing The Board shall determine by June 30 of 2003 whether membership dues or other financial contribution will be requested of the Board jurisdictions and agencies. (2) Member Jurisdictions: Costs shall be shared among member jurisdictions other than King County by a method as determined by action of the Board. Unless agreed to otherwise, King County's share shall be limited to the costs of providing staff support. . (3) Member Agencies: The member agencies shall not be expected to make a direct funding contribution. However, subject to the availability of member funding, in-kind contributions may be necessary as determined by an action of the Board. (4) Modification to Agreement Required: A modification to this agreement specifying cost- sharing,purpose,scope of work and other details is required to obligate a member jurisdiction to funding participation. 10.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail,return receipt required,to all of the other parties at least thirty(30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any dues or other payments to SCATBd but shall make any contributions required to be paid to other parties under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. In the event a party withdraws,the remaining parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that party but shall continue m effect with respect to the remaining parties. However, the termination of this Agreement with respect to one or more parties shall not affect any of the parties' rights or obligations, including any rights or obligations of a withdrawing party, that are expressly intended to survive termination Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds to support said obligations Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw as provided herein, or remain as a non-voting member. 11.0 Duration This Agreement shall take effect upon being duly adopted by the goveming bodies of all parties and executed by the authorized representatives of all parties This Agreement shall remain in effect until December 31, 2005,unless terminated earlier or extended in accordance with Section ITT. 12.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective If all parties desire to terminate this Agreement, they shall execute a Declaration of Termination Upon termination, no party shall be required to make any additional contributions Any remaining funds shall be refunded to the parties to this Agreement according to Section 14 0. 13.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section I2 0, any personal property other than cash shall remain with the Lead Agency 14.0 Return of Funds At such time as this Agreement expires or is terminated in accordance with Section 12.0, any unexpended and uncommitted funds shall be distributed in equal shares among the contributing parties at the time of termination. 15.0 Filing This Agreement shall be filed with the King County Department of Records and Elections 16.0 Legal Relations 16 1 The parties shall comply with all applicable state and federal laws and regulations 16 2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party 16 3 Each party shall defend,indemnify and hold harmless the other parties and all of their officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which anse out of, are connected with, or are incident to any negligent acts of the indemnifying party, its contractor, and/or employees, agents, and representatives in performing the indemnifying party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees For this purpose, the parties, by mutual negotiation, hereby waive, as respects the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51 In the event any party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such reasonable fees, costs and expenses shall be recoverable by the prevailing party 16 4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement 17.0 Entirety and Modifications 17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. This Agreement may be modified or extended only by written instrument signed by all parties hereto. 18.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. Signature Page IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or re resentative as of the date set forth below its signature CITY OF ALGONA KING COUNTY CITY OF TUKWILA By By By Date Date Date CITY OF AUBURN CITY OF KENT PIERCE TRANSIT By By By Date Date Date CITY OF BLACK DIAMOND CITY OF MAPLE VALLEY PORT OF SEATTLE By By BY Date Date Date CITY OF BURIEN CITY OF MILTON PUGET SOUND REGIONAL COUNCIL By By By Date Date Date CITY OF COVINGTON CITY OF NORMANDY PARK SOUND TRANSIT By By By Date Date Date CITY OF DES MOINES CITY OF PACIFIC TRANSPORTATION IMPROVEMENT BOARD By By By Date Date Date CITY OF ENUMCLAW CITY OF RENTON WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By By By Date Date Date CITY OF FEDERAL WAY CITY OF SEATAC MUCKELSHOOT TRIBE By By By Date Date Date Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: KLOUZAL REZONE ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land use and zoning, rezoning property comprised of approximately 4.78 acres of property located at 2635 South 260th Street, from Single Family eight (8) units per acre (SR-8), to Multifamily Residential Townhouse (MR-T16), (Klouzal Rezone, # RZ-2002-2) This rezone was approved by the Council during the Council meeting of November 19, 2002, 3. EXHIBITS: Ordinance 4 RECOMMENDED BY: Hearing Examiner • (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6E ORDINANCE NO._ i AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, rezoning property comprised of approximately 4 78 acres located at 2635 South 260t" Street, from Single Family eight �I (8) units per acre (SR-8), to Multifamily Residential Townhouse (MR-T16), (Klouzal Rezone, # RZ-2002-2) l WHEREAS, an application to rezone property comprised of approximately I 4 78 acres located at 2635 South 2601h Street, from Single Family eight(8) units per acre (SR-8), to Multifamily Residential Townhouse (MR-T16), was filed on June 3, 2002, (Klouzal Rezone, # RZ-2002-2), and WHEREAS,on August 26, 2002,the city's State Environmental Policy Act (SEPA) responsible official issued a notice that she proposed to adopt an existing Determination of Nonsignificance (DNS), (#ENV-2001-54(C)), for the proposed rezone f and on September 9, 2002, she adopted the DNS, and j WHEREAS, a public hearing on the Klouzal Rezone was held before the hearing examiner on October 2, 2002, and WHEREAS, the hearing examiner issued findings that the Klouzal Rezone is consistent with the city of Kent's Comprehensive Plan, that the proposed rezone and i I 1 Klouzal Rezone subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, that circumstances have changed since the establishment of the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city of Kent, and WHEREAS, the findings are consistent with the standards for rezone set forth in sections 15 09 050(A)(3) and 15 09 050(C) of the Kent City Code; and i WHEREAS, the Kent hearing examiner recommended approval of the Klouzal Rezone on October 16 2002 as submitted b the applicant, and � K Y PP WHEREAS, on November 19, 2002,the City Council moved to accept the findings of the hearing examiner and the hearing examiner's recommendation for approval of the Klouzal Rezone from Single Family eight (8) units per acre (SR-8), to Multifamily Residential Townhouse (MR-T16), (Klouzal Rezone, # RZ-2002-2), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Rezone The property located at 2635 South 260i" Street, consisting of approximately 4 78 acres depicted in Exhibit A, attached and incorporated herein by this reference is rezoned as follows King County tax parcel number 2822049107 located in Kent, Washington, shall be rezoned from Single Family eight (8) units per acre (SR-8), to Multifamily Residential Townhouse (MR-T16) 2 Klouzal Rezone i . SECTION 2. Severabtlity If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This Ordinance shall take effect and be in force five(5)days from and after its passage,approval and publication as provided by law. iI I JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM- TOM BRUBAKER, CITY ATTORNEY PASSED day of 2002 I I APPROVED day of , 2002 PUBLISHED day of , 2002 I hereby certify that this is a true copy of Ordinance No passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK ' P\CinlOrdmancc\RczoncKluuzal doc 3 Klouzal Rezone n � WN II ' O ;o n , , P. Ul T O (/� N r �Ci T O � N 4 N \ zN cri N N o t v 71, = N 0 it � ��, � U� � �❑ s n n r� m EXHIBIT A Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: RE-APPOINTMENT TO KENT HUMAN SERVICES COMMISSION—CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Rod Saalfeld to the Kent Human Services Commission. His new term will continue until 1/1/2006. 3. EXHIBITS: Memorandum 4 RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION Council Agenda Item No. 6F . OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASNINGTON MEMORANDUM TO JUDY WOODS, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM JIM WHITE, MAYOR DATE 'NOVEMBER 22, 2002 RE RE-APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have re-appointed Rod Saalfeld to continue serving as a member of the Human Services Commission His new term will continue until 1/I/2006 I submit this for your confirmation jb i Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: COUNCIL RE-APPOINTMENT TO KENT HUMAN SERVICES COMMISSION—CONFIRM 2. SUMMARY STATEMENT: Confirmation of Council President Judy Woods' re- appointment of herself as Council Representative to the Human Services Commission. The new term will continue until 1/l/2004 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Council President Woods (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS- 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION- Council Agenda Item No 6G OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 WASHINGTON MEMORANDUM TO MAYOR JIM WHITE CITY COUNCIL MEMBERS \ FROM JUDY WOODS, CITY COUNCIL PRESIDEN DATE -NOVEMBER 22, 2002 RE RE-APPOINTMENT TO KENT HUMAN SERVICES COMMISSION I have re-appointed myself to continue serving as Council Representative to the Human Services Commission The new term will continue until 1/l/2004 I submit this for your confirmation. jb Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: RE-APPOINTMENT TO KENT DISABILITY BOARD— CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of Council Member Julie Peterson to the Disability Board Her new term will continue until 12/31/2004. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION Council Agenda Item No 6H OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 MEMORANDUM TO JUDY WOODS, COUNCIL PRESIDENT CITY COUNCIL ME E S FROM JIM WHITE, MAYO DATE NOVEMBER 15, 2002 RE RE-APPOINTMENT TO KENT DISABILITY BOARD I have re-appointed Councilmember Julie Peterson to continue serving as a member of the Disability Board Her new term will continue until 12/31/2004 I submit this for your confirmation Ib Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: RE-APPOINTMENTS TO KENT BICYCLE ADVISORY BOARD — CONFIRM 2 SUMMARY STATEMENT: Confirmation of the Mayor's re-appointments of David Hoffman and Mel Roberts to the Kent Bicycle Advisory Board. The new term will continue until 12/31/2004. 3 EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 400 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 MEMORANDUM TO JUDY WOODS, COUNCIL PRESIDENT CITY COUNCIL MEM ER FROM JIM WHITE, MAYOR DATE 'NOVEMBER 15, 2002 RE RE-APPOINTMENTS TO KENT BICYCLE ADVISORY BOARD I have re-appointed Mr David Hoffinan and Mr Mel Roberts to continue serving as Bicycle Advisory Board members Their new terms will continue until 12/31/2004 I submit this for your confirmation Ib Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: RE-APPOINTMENTS TO LAND USE AND PLANNING BOARD— CONFIRM 2 SUMMARY STATEMENT: Confirmation of the Mayor's re-appointments of Nicole Fincher and David Malik to the Kent Land Use and Planning Board. Their new terms will continue until 12/31/2005. 3. EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: iACTION- Council Agenda Item No 6J OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S K E N T Kent,WA 98032-5895 K MEMORANDUM TO JUDY WOODS, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM JIM WHITE, MAYOR DATE -NOVEMBER 15, 2002 RE- RE-APPOINTMENTS TO KENT LAND USE AND PLANNING BOARD I have re-appointed Ms Nicole Fmcher and Mr David Malik to continue serving as Land Use and Planning Board members Their new terms will continue until 12/31/2005 1 submit this for your confirmation jb Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1 SUBJECT: RE-APPOINTMENT TO REGIONAL JUSTICE CENTER ADVISORY BOARD —CONFIRM 2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of Chris King to the Regional Justice Center Advisory Board. Her new term will continue until 12/31/2005. 3 EXHIBITS: Memorandum 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: S SOURCE OF FUNDS- 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No. 6K OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 • Address 220 Fourth Avenue S KENT Kent,WA 98032-5895 W 45NI NGTON MEMORANDUM TO JUDY WOODS, COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM JIM WHITE, MAYOR DATE DECEMBER 2, 2002 RE RE-APPOINTMENT TO KENT REGIONAL JUSTICE CENTER ADVISORY BOARD I have re-appointed Chns King to continue serving as a member of the Regional Justice Center Advisory Board Her new tern will continue until 12/31/2005 I submit this for your confirmation Jb i Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: APPOINTMENT TO KENT LODGING TAX ADVISORY COMMITTEE—CONFIRM 2 SUMMARY STATEMENT: Confirmation of the newest member to the Kent Lodging Tax Advisory Board, Denise Gray. Ms. Gray has been general manager of the Marriott Towne Place Suites, located at 18123 72nd Avenue South, since July 2002 Ms. Gray has been working in the hotel industry since 1991. She replaces Renee Huseby on the Lodging Tax Advisory Board. Ms. Huseby recently resigned as director of sales at the same facility. 3. EXHIBITS• None 4. RECOMMENDED BY: i (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION- Council Agenda Item No 6L Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: KENT LODGING ASSOCIATION BUDGET—APPROVE 2 SUMMARY STATEMENT: Authorization for the Mayor to sign a 2003 contract, budget and scope of work for the Kent Lodging Association. The contract calls for a budget of$39,790 from January through the end of June 2003. The City will enter into another contract with the Lodging Association later in 2003 for the balance of the 2003 calendar year. The budget amount for the second contract will be based upon lodging tax revenue during the first half of 2003 3. EXHIBITS: Contract and Exhibit A 4. RECOMMENDED BY: • (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION. Council Agenda Item No. 6M • CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE THIS CONTRACT is made by and between the CITY OF KENT,a Washington municipal corporation (hereinafter the "City"), and KENT CHAMBER OF COMMERCE, a Washington non-profit corporation (hereinafter the "Kent Chamber") RECITALS 1 It is the City's intent to increase occupancy at Kent hotels and motels, to promote Kent as a site for corporate meetings and events, and to promote tounsm opportunities in Kent. The City desires that Kent Chamber perform certain services to assist the City in this program 2 1 Kent Chamber shall create and implement a promotion campaign for the Kent Lodging Association NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows . I. DESCRIPTION OF WORK I I Kent Chamber shall perform the work descnbed in the Scope of Services attached hereto as Exhibit"A" and incorporated herein by this reference II. PAYMENT 21 The City shall pay Kent Chamber, an amount not to exceed $39,790 00 dunng the duration of this Contract(January 1, 2003 through June 30, 2003) for the services performed as set forth in Exhibit "A" This is the maximum amount to be paid for the services contemplated in Section I of this Contract, and shall not be exceeded without prior written authonzation of the City in the form of a negotiated and executed Addendum to this Contract 22 The payment of funds to the Kent Chamber as established in this agreement shall be made on or following the dates set forth below following appropnate documentation of the work performed pursuant to the work schedule set forth in Exhibit "A" as follows a Payment of$35,000 00 upon the execution of this Contract, and CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE- 1 (November 27 10022) b. $4,790.00 upon completion of the contract, as set forth in Exhibit"A," and • following submittal of a final report on or before June 30, 2003. It is understood that most of the work performed by the Kent Chamber is performed during the early part of the contract term and that significant costs are incurred during this time,therefore, the parties have agreed to the payment structure as set forth herein. Final payment of funds are subject to satisfactory documentation of the completion of work schedules set forth in Exhibit"A" corresponding to the payments to be made by the City 23 The Kent Chamber of Commerce shall make a 1st quarter report and a final report as noticed in Section 2.2 above to the City and to City of Kent Lodging Tax Advisory Committee, if requested by the City 2.4 The City, or its authorized representative, shall have the authority to inspect, audit, and copy on reasonable notice and from time to time any records of Kent Chamber regarding its billings, payments or work under this Contract to verify matching funds and expenditures made for the work performed herein 2.5 In the event the Scope of Services is modified or changed so that more or less work or time is required by Kent Chamber, and such modification is reached by mutual agreement of the . parties to this Contract, the payment for services and maximum Contract amount shall be adjusted accordingly III. DURATION OF WORK The City and Kent Chamber agree that work will begin on the services described in Section I herein on upon execution of this Contract and shall continue until June 30, 2003, unless this Contract is earlier terminated as provided for herein IV. TERMINATION 4 1 Funding Limited If the City receives reimbursement by any federal, state, or other source for the services described in Section I herein, and that funding is withdrawn, reduced, or limited in anyway, the City may summarily terminate this Contract Termination shall be effective ten (10) calendar days after Kent Chamber's receipt of the written notice by certified mail In the event of termination, the City shall pay for all services performed by Kent Chamber to the effective CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE-2 (November 27 20022) date of termmation, as described in a final report submitted to the City. After termination, the City may copy all records and data within Kent Chamber's possession pertaining to the services described in Section I, which may be used by the City without restriction and without liability or legal exposure to Kent Chamber 4.2 Termination for Failure to Prosecute Work or to Complete Work Satisfactorily If Kent Chamber refuses or fails to prosecute the work with such diligence as will ensure its completion within the time frames specified herein,or as modified or extended as provided in this Contract,then the City may,by written notice to Kent Chamber, give notice of its intention to terminate the Kent Chamber's right to proceed with the work On such notice, Kent Chamber shall have ten (10) calendar days to cure, to the satisfaction of the City or its representative, or the City shall send Kent Chamber a written termmation letter which shall be effective upon Kent Chamber's receipt of the written notice by certified mail or personal delivery 43 Rights Upon Termination In the event of termination, the City shall pay for all services performed by Kent Chamber to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within Kent Chambers possession pertaining to this project which may be used by the City without restriction V. RELATIONSHIP OF PARTIES The parties intend that an independent contractor-employer relationship will be created by this Contract No agent, employee, representative, or sub-contractor of Kent Chamber shall be or shall be deemed to be the employee, agent, representative, or sub-contractor of the City Kent Chamber will control and direct the performance and details of its services The City is interested only in the results obtained under this Contract None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractor of Kent Chamber Kent Chamber will be solely and entirely responsible for its acts and for the acts of Kent Chamber's agents, employees, representatives, and sub-contractors during the performance of this Contract The City may, during the term of this Contract, engage other independent contractors to perform the same or similar work that Kent Chamber performs hereunder CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE-3 (November 27,10022) VI. DISCRIMINATION In the hiring of employees for the performance of work under this Agreement or any sub- contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such Consultant or sub-contractor shall not,by reason of race, religion, color, sex,national origin,or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall comply with City Administrative Policy 12, Minority and Women Contractors, a copy of which is attached hereto as Exhibit`B " VII. INDEMNIFICATION Kent Chamber shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,including all legal costs and attorney fees,ansing out of or in connection with the Kent Chamber's performance of this Contract,except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Kent Chamber's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Kent Chamber and the City, its officers, officials, employees, agents and volunteers, the Kent Chamber's liability hereunder shall be only to the extent of the Kent Chamber's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE KENT CHAMBER'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE-4 (November 27 20022) VIII. INSURANCE Kent Chamber shall procure and maintain for the duration of the Contract, insurance against claims for injures to persons or damage to property which may anse from or in connection with the performance of the services hereunder by Kent Chamber, its agents,representatives, employees, or sub-contractors Before beginning work on the project described in this Contract, Kent Chamber shall provide a Certificate of Insurance evidencing: 1 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and$2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to- blanket contractual; products/completed operationsibroad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 2. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence Any payment of deductible or self-insured retention shall be the sole responsibility of Kent Chamber The City shall be named as an additional insured on the Commercial General Liability insurance policy,with respect to the services performed by or on behalf of Kent Chamber and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies. Kent Chamber's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability Kent Chamber's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE-5 (November 27 20022) IX. ENTIRE AGREEMENT The written provisions and terms of this Contract, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever,this Contract or the Contract documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Contract and any Exhibits attached hereto All of the above documents are hereby made apart of this Contract and form the Contract documents as fully as if the same were set forth herein. X. MODIFICATION No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and Kent Chamber. XI. ASSIGNMENT Any assignment of this Contract by Kent Chamber without the written consent of the City shall be void. If the City shall give its consent to any assignment, this paragraph shall continue in full force and effect and no further assignment shall be made without the City's consent XII. WRITTEN NOTICE All communications regarding this Contract shall be sent to the parties at the addresses set forth below, unless notified to the contrary Any written notice hereunder shall become effective upon personal service or upon the date of mailmg by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract or such other address as may be hereafter specified in writing: CITY OF KENT. KENT CHAMBER OF COMMERCE Nathan Torgelson Barbara Ivanov Economic Development Manager Executive Director City of Kent Kent Chamber of Commerce 220 Fourth Ave. S 524 West Meeker St , #H-1 Kent, WA 98032 Kent, WA 98035-0128 CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE-6 (November 27 20022) . XIII. NON-WAIVER OF BREACH The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be and remain in full force and effect XIV. RESOLUTION OF DISPUTES If any dispute arises between the City and Kent Chamber under any of the provisions of this Contract,jurisdiction of any resulting litigation shall be filed in King County Superior Court,King County, Washington Tlus Contract shall be governed by and construed in accordance with the laws of the State of Washington Each party shall be solely responsible for its costs, expenses, and attorney's fees incurred in any litigation ansing out of the enforcement of this Contract XV. DUPLICATE ORIGINALS This document is executed in duplicate originals IN WITNESS WHEREOF,the parties have executed this Contract on the day and year first above written CITY OF KENT KENT CHAMBER By By Its Its Date Date APPROVED AS TO FORM: Tom Brubaker, Kent City Attorney P'CmMltb T.PYWI9W.CYn4uCsuumtmNwS4 CONTRACT FOR SERVICES BETWEEN THE CITY OF KENT AND KENT CHAMBER OF COMMERCE- 7 (November 27 20021) Kent Lod ing Association • 2003 Budget-EXHIBIT A NOTES: Total hotel occ pancy for 2002 is expected to generate$107,681 in tax revenue Jan. -Jun. Service Web site Hosting $ 300 Consulting $ - Content administration $ 5,400 Content management system $ 1,500 Search engine marketing $ 2,500 Subtotal $ 9,7001 Individual Traveler Collateral Lure brochure print10,000 copies $ 3,600 Postage $100/mo ) I $ 600 Certified Folder distribution $ 2,500 Subtotal I $ 6,700 I Meeting Planner • Print $ 250 Postage $ 250 Eastern Washington Trade Show $ 750 Subtotal Advertising WA State Visitors Guide Eastern Washington Newspapers $ 700 Toll free number 125 calls mo @ 10 min @ $0 10/min $ 500 Subtotal $ _ 1,200 Marketing Representative Salary PT $ 11,000 Payroll $ 990 Benefits �— ---- $ 2,700 Training/contractor $ _Travel Admin O/H $ 6,000 Subtotal -T- - — _ $_ 20,9400 Total �1 $ 39,7901 EXHIBIT`B" CITY OF KENT ADMINISTRATIVE POLICY NUMBER 12 EFFECTIVE DATE January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1 Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 2 Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments 1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2 Monitoring to assure adherence to federal, state and local laws, policies and guidelines M EXHIBIT`B"- 1 (Contract btwn Kent Chamber and City) (November 27, 2002) Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1 SUBJECT: 2003 KENT REPORTER CONTRACT—APPROVAL 2. SUMMARY STATEMENT: Authorization for the Mayor to sign a contract with the Kent Reporter to continue publishing the Kent Connections City Newsletter in the Kent Report in 2003. The City of Kent began publishing the Kent Connections City Newsletter in the Kent Reporter in 1998 Today, the Kent Reporter is typically distributed to 68,000 Kent area addresses. Council and community feedback on the newsletter has been very positive, and continuing the newsletter for 2003 is recommended Included is a total project cost of$49,000 in the 2003 Preliminary Budget A draft contract is attached. 3 EXHIBITS: draft contract 4 RECOMMENDED BY: Operations Committee, 11/19 (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $49,000 / Rates as established by draft contract SOURCE OF FUNDS. General Fund 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No. 6N Agreement The CITY OF KENT and the KENT REPORTER agree to the following *The City of Kent agrees to purchase display advertising in the Kent Reporter for the purpose of producing a City newsletter (Kent Connections) for the citizens of Kent, at a minimum frequency of once each month, and, the Kent Reporter agrees to publish and distribute at least one edition each month during the period The term of the agreement shall cover the Kent Reporter issues of January 2003 through December 2003 Either party may terminate this agreement upon 30 days written notice The City of Kent agrees to purchase from the Kent Reporter one full page(equivalent to 65 column inches at $18 92 per column inch) at a monthly rate of$1,230.00 This price will include printing in black ink plus one extra spot color, the color to be determined by the Kent Reporter, in coordination with the City of Kent Full color maybe purchased for use in the ad at a cost of$125,per issue The page shall be placed as far forward in the editions in which the City newsletter appears as possible, unless an alternate location is agreed to by both the City of Kent and the Kent Reporter The City of Kent will have full control over the name, editorial content, and layout of the City newsletter, and will provide the Kent Reporter with camera ready or electronic copy of the newsletter for production purposes In each edition of the Kent Reporter that includes the City newsletter, the Kent Reporter will provide the City of Kent with a front page teaser indicating that the City newsletter is included inside the newspaper The City of Kent and the Kent Reporter will mutually review and determine postal carver routes for the publication's delivery This review shall ensure that the entire incorporated boundary of the City of Kent receives the publication These routes maybe updated monthly as needed to accommodate changes in the City's incorporated boundaries The City of Kent will provide the Kent Reporter with pictures that are to be included in the City newsletter and the Kent Reporter will provide any scanning of half tones that may be needed The Kent Reporter agrees to direct mail 28,000 copies of the Kent Reporter to residents within the Kent city limits Additional copies will be produced and mailed at a marginal cost of$240 per 1,000 copies Five- hundred additional copies will be delivered to the City of Kent for the City's use at no extra cost. The Kent Reporter also agrees to provide the City of Kent with certification from the post office verifying the number of copies mailed when requested by city officials City of Kent Kent Reporter 220 4th Avenue South, Kent, WA 98032-5895 King County Journal Newspapers 600 South Washington Avenue Kent, WA 98032-5707 Mayor Jim White, City of Kent Denis W Law Date Date *Attest Kent City Clerk Approved as to legal form Tom Brubaker, CitrAttorne), Cit) of Kent • Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: REALLOCATE LIMITED TAX GENERAL OBLIGATION BOND FUNDS—APPROVAL 2 SUMMARY STATEMENT: Authorization to reallocate a portion of the 1999 and 2000 LTGO bonds for $1,167,738 to repay the balance of the Clark Lake Land Purchase Loan to the Water Fund, and to amend Attachment A of the 1999 LTGO Ordinance authorizing the Clark Lake Land Purchase. The $1,167,738 will be used to repay the balance of the Clark Lake Land Purchase loan to the Water Fund per the attached memo from the Finance Director. Also recommended is an amendment to Attachment A of the 1999 LTGO Ordinance authorizing Clark Lake land reimbursement as an eligible project. 3. EXHIBITS: Memo from Finance Director Miller and Attachment A • 4 RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS Bond Funds 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION. ACTION: Council Agenda Item No. 60 KENT WASHINGTON FINANCE DATE- November 26,2002 May Miller Director TO Mayor White and City Council Members Phone 253-856-5260 FROM. May Miller 1-1 Fax 253-856-6255 220 Fourth Ave S SUBJECT Reallocate a portion of 1999 and 2000 LTGO Bonds Kent,WA 98032-5895 We are requesting authorization to reallocate$1,167,738 of 1999 and 2000 LTGO Bonds to pay the balance of the Clark Lake"Morthorst"Land Purchase Council authorized"Intent to Bond"when the land was purchased for$5,100,000 in November 2000 Council approved a temporary loan of$4,200,000 from the Water Fund while reimbursement grants were being requested The majority of the loan has been repaid with grants,and this will reimburse the balance owing to the Water Fund before the due date This piece of property at Clark Lake is expected to be placed in service within the next two years Reallocations include Amount Title Comments $331,822 1999 LTGO Gateway Project Sufficient Funds are available within 2002 LTGO Kent Station Infrastructure to complete Gateway Projects $370,719 1999 LTGO Police Land Originally for Catholic Church site that will not be purchased $465,197 2000 LTGO Kent Station-Remman Land to be purchased Property by developer $1,167,738 Total Reallocation Bond Council recommends a change to Attachment A from the 1999 LTGO Ordinance #3444,to allow the public purpose Clark Lake Land Purchase The 2000 LTGO allows council reallocations COUNCIL ACTION Authorize reallocation of a portion of the 1999 and 2000 LTGO bonds for $1,167,738 to repay the balance of the Clark Lake Land Purchase Loan to the Water Fund.Also to amend Attachment A of 1999 LTGO Ordinance authorizing the Clark Lake Land Purchase ' EXHIBIT A PROJECT DESCRIPTION Proiect Description Court/Aukeen Remodel Initial remodel at Aukeen Court to accommodate the Kent Municipal Court Technology plan Plan includes business systems,mini computer and central equipment, telephone s stems and networks stem Tenant Improvements Tenant improvements for City Hall,the Centennial Building, Kent Memorial Park Building, IS Training Center Fire Prevention and Station 74 Russell Road Park Irrigation Complete the renovations to Russell Road Park by installing an irrigation system Facility Security Improvements Security building unprovements based on the findings of the Domestic Violence Task Force Space Study—Phase II Detail design and costing of the following buildings identified in Phase I City Hall, Centennial Building,Police Headquarters, East Hill Maintenance Facility and Russell Road Maintenance Facility Back Up Generators Back up power systems in case of power failure or major disaster for City Hall, Police, Centennial Kent Commons and Russell Road Maintenance Facility East Ilill Maintenance Facility— Land identified in the space study and the 1998 CIP for Land future parks and Public Works maintenance facility Police Headquarters Land Land identified in Phase I of the space study Acquisition Fire Station#75 Final payment to Fire District#37 for the fire station purchased as a result of the Meridian annexation Police/Fire MDT Replacements Laptops to replace the terminals currently in use Amendment-2002 Clark Lake Land Purchase Morthorst land for future park A-1 sroiaum Kent City Council Minutes November 7, 2000 FINANCE advocacy program, and that DAWN is still being used for sheltering and other issues. Mayor White stated that staff will prepare a report on this issue which will be provided to the Council , and noted for Yingling that it will address confidentiality. It was noted that anyone who is interested to contribut- ing to DAWN should contact the Human Services Department at 253-856-5070 . REPORTS Public Safety Committee. Epperly noted that the next meeting will be at 5 : 00 p.m. on November 14 . Parks Committee. Woods noted that the next meeting will be at 4 : 00 p.m. on November 14 . Administrative Reports . McFall requested the addition of potential litigation to the executive session. City Attorney Lubovich distributed copies of a history of litigation against the City, and explained the dis- position of the cases noting that fourteen of the sixteen have been dismissed. Mayor White commended the legal staff for a fine job protecting the interests of the City. Shopping Carts . The Mayor announced that he will be sending a letter to store managers asking them to pick up shopping carts which have been taken off premises . EXECUTIVE SESSION The meeting recessed into executive session at 8 20 p.m. and reconvened at 9 : 18 p.m. Property Acquisition. WOODS MOVED to authorize the Mayor to sign documents to acquire the Inez Morthorst Estate property at Clark Lake between 248th and 240th for a park and establish a budget using $750, 000 from the park acquisition fund, $250 , 000 from the East Hill fee in lieu fund, and borrow $4 , 200, 000 from the Water Pipeline Project for up to 36 months with interest and declare intent to bond from other sources to reimburse this loan. Epperly seconded. 9 Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: AUKEEN MUNICIPAL COURT LEASE AGREEMENT— AUTHORIZE 2 SUMMARY STATEMENT: Authorization for the Mayor to sign the Lease Agreement between King County and the City of Kent for 4,782 square feet of office space in the Aukeen District Court facility, for use by the City of Kent. The premises, which are currently leased by the city, shall be utilized by city for the purpose of operating a municipal court and related ancillary uses. The term of the Lease Agreement shall be for five (5) years and shall commence on the July 1, 2003, and end on June 30, 2008. 3. EXHIBITS: Lease Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: S SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No. 6P KENT WASMINOTON LEASE AGREEMENT between KING COUNTY and THE CITY OF KENT for 4,782 Square Feet of Office Space in the Aukeen District Court Facility 1210 S. Central Avenue Kent, Washington 98032 July 1, 2003 — June 30, 2008 LEASE AGREEMENT THIS LEASE is entered into the date fully executed by and between KING COUNTY, a political subdivision of the State of Washington, "Lessor", and CITY OF KENT, a municipal corporation of the State of Washington, "Lessee". 1. PREMISES The Lessor leases to Lessee the premises situated at 1210 S. Central Avenue, in the City of Kent, Washington that are described as 4,782 square feet of office space in the Aukeen District Court facility, hereinafter "Aukeen", for use by the Lessee. The area so leased is hereinafter called "the premises" and is depicted in Exhibit "A" attached hereto and incorporated herein by this reference. 2. USE The premises shall be utilized by Lessee for the purpose of operating a municipal court and related ancillary uses and for no other purpose without the written consent of Lessor 3. TERM The term of this Lease shall be for five (5) years, and shall commence on the 1st day of . July, 2003,and end on June 30,2008. 4. RENT Lessee agrees to pay the Lessor as rental for said premises $6575 25 per month(based on an annual rent of Dollars ($16.50) per square foot in lawful money of the United States to be paid monthly in advance on the 1st day of each month of the Lease term, to Lessor's Agent, or to such other party or at such other place as the Lessor may hereafter designate 5. TAXES Lessee shall pay any tax that this Agreement, or the interest created thereby, may be subject to at any time during the term of the Lease or renewal thereof 6. RE-DELIVERY Lessee, at the expiration of the term hereof or any extension thereof or upon any sooner termination thereof, will, without nonce, quit and deliver the premises to the Lessor peaceably, quietly, and in as good order and condition as the same now are or may hereafter be placed by Lessor, reasonable use and wear thereof excepted i AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT-Page I of 7 (November 13, 2002) (between King County and City of Kent) • 7. DAMAGES All repairs for damages shall be made by the party causing the damage at its sole cost and expense while this Lease is in effect 8. REPAIRS AND ALTERATIONS All normal repairs necessary to maintain premises in a tenantable condition shall be done by or under the direction of Lessor, and at Lessor's expense, except those caused by negligence or acts of Lessee,his agents or invitees,which repairs shall be made at the sole cost of Lessee. Lessee shall not make any alterations, additions or improvements in said premises, without the consent of Lessor in writing first, which will not be unreasonably withheld, and all alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Lessee, and shall become the property of the Lessor except for improvements that Lessor, at Lessor's option, agrees that they are the property of Lessee or elects to request Lessee to remove, and shall remain in and be surrendered with the premises as a part thereof at the termination of this Lease, without disturbance,molestation or injury. If the Lessee shall perform work with the consent of the Lessor, as aforesaid, Lessee agrees to comply with all laws, ordinances, rules, regulations of the appropriate City or County, and any other authorized public authority The Lessee further agrees to save the Lessor free and harmless from damage, loss or expense ansmg out of said work Lessee agrees that Lessor has the right to make alterations to the building in which the premises are situated Lessee will be entitled to a fair abatement of rent if such alterations materially interfere with Lessees use of the premises 9. UTILITIES As long as Lessee is not in default in any of the provisions of this Lease, Lessor shall furnish a reasonable amount of electricity (i e normal lighting and low power usage office equipment), heat,water, and full jamtonal service except no janitorial service on weekends and County holidays Lessor shall not be liable (including consequential damages) nor shall rent be abated for interruption of said service caused by accident or necessity for repairs or improvements, or for any other reason beyond Lessor's control 10. INSURANCE Lessee is a self-insured governmental entity Lessee shall provide, upon request, satisfactory documentation evidencing self-insurance coverage 11. INDEMNIFICATION/HOLD HARMLESS Lessor and Lessee agree that as to all third-party claims, actions, or causes of action of whatsoever kind or nature made or asserted against either or both of them and ansmg out of the use of the premises under this Agreement, each will be liable to the other to the extent of each party's fault and shall indemnify the other for such amount As to all such third-party claims, actions, or AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 2 of 7 (November 13, 2002) (between King County and City of Kent) causes of action which are a consequence of the sole fault of a party to this agreement, such party shall have the duty to defend, save, and hold the other harmless, and upon failure to do so,shall pay reasonable fees,costs, and expenses incurred by the other party to this Lease in defense of any such third-party claims or actions. 12. LIENS AND INSOLVENCY Lessee shall keep the leased premises, Aukeen, and property in which the leased premises are situated, free from any hens ansing out of any work performed, materials finnished or obligations incurred by Lessee 13. ASSIGNMENT Lessee shall not assign this Lease or any part thereof and shall not let or sublet the whole or any portion of the premises without the written consent of Lessor, or Lessor's agent, winch consent will not be unreasonably withheld by Lessor This Lease shall not be assignable by operation of law If consent is once given by the Lessor to a sublease of this Lease, or any interest therein, Lessor shall not be barred from afterwards refusing to consent to any further sublease 14. ACCESS Lessee will allow Lessor or Lessor's agent free access at all reasonable times to said premises for the purposes of inspection, cleaning or making repairs, additions or alterations authorized or required by the terms of this Lease This right shall not be construed as an agreement on the part of the Lessor to make repairs, additions,or alterations. 15. DAMAGE OR DESTRUCTION In the event the premises or the building is damaged to such extent as to render the premises untenantable, in whole or in a substantial part thereof, or is destroyed, it shall be optional with the Lessor to repair or rebuild the same Lessor shall have not more than thirty (30) days after the date the premises are rendered untenable to notify the Lessee in writing of Lessor's intentions to repair or rebuild said premises, or the part so damaged If Lessor elects to repair or rebuild said premises, Lessor shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period,if the damage is not the fault of the Lessee, its employees, agents or invitees, the rent for said premises shall be abated (starting when the premises or a substantial part thereof first becomes untenantable), in the same ratio that the portion of the premises rendered for the time being unfit for occupancy shall bear to the whole of the leased premises If the Lessor shall fail to give the above notice Lessee shall have the right to declare this Lease terminated by giving written notice to Lessor or Lessor's agent effective when the premises or a substantial part thereof first became untenantable AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 3 of 7 (November 13, 2002) (between King County and City of Kent) hi the event the building in winch the premises hereby leased are located shall be damaged (even though the premises hereby leased shall not be damaged thereby or rendered untenantable) to such an extent that in the opinion of Lessor it shall not be practicable to repair or rebuild, or is destroyed, then it shall be optional with Lessor to terminate this Lease by written notice served on Lessee within thirty(30) days after such damage 16. EARLY TERMINATION Lessor may temunate this Lease upon eighteen(18)months written notice to Lessee 17. NOTICES All notices to be given hereunder shall be in writing and shall be personally delivered, mailed, or sent by facsimile and addressed to the party at their respective mailing addresses as follows. To Lessor at: King County Property Services Division Attn• Tim Clancy, Leasing Supervisor King County Administration Building 500 Fourth Avenue,Room 500 Seattle,Waslungton 98104 To Lessee at: City of Kent Attn Facilities Manager 220 Fourth Avenue South Kent, Washington 98032 18. DEFAULT AND RE-ENTRY If a party shall violate, default or not comply with any of the material covenants, agreements or provisions of this Lease Agreement following thirty (30) days prior written notice to cure said default, then the non-defaulting party may cancel this Lease upon giving thirty (30) days notice, or pursue any remedy allowed by law The failure of either party to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenant or agreements, but the same shall be and remain in full force and effect AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 4 of 7 (November 13, 2002) (between King County and City of Kent) 19. COMMON AREAS The following areas adjacent to or located in or on the premises, shall constitute common areas available for Lessee's non-exclusive use including without limitation- walkways, hallways, stairways, driveways, lavatories,janitonal rooms, mechanical rooms, electrical rooms, landscaped areas and grounds, parking areas (see paragraph 24 for additional information), and all other areas used in common by the Lessees of Aukeen, Lessor, and invitees and employees of the Lessee. All common areas shall be subject to Lessor's management and control and shall be operated and maintained in such a manner as Lessor, in its reasonable discretion, shall determine. Lessor may, from time to time in Lessor's reasonable discretion, alter, modify or change the dimensions and location of the common areas, or designate portions of the common areas for the exclusive use of Lessees of the Building; provided, however, that any such alterations, modifications or changes shall not materially interfere with Lessee's use and enjoyment of the premises as set forth in this Lease Lessee and others entitled or allowed to use the common areas shall be subject to and shall comply with the rules and regulations applicable to the common areas as may be established by Lessor from time to time. 20. HOLDOVER If the Lessee shall, with the written consent of Lessor, holdover after the expiration of the tern of this Lease, such tenancy shall be for an indefinite period of time on a month to month tenancy, such tenancy may be terminated as provided by the laws of the State of Washington. During such tenancy Lessee agrees to pay to the Lessor the same rate of rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the terms, covenants, and conditions as herein specified, so far as applicable 21. PARKING (a) The initial Lease between the parties, which commenced on July 1, 1998, provided for construction in phases of additional parking and an exchange of easements granting ingress and egress to each other for the additional parking Lessee and Lessor shall execute the Parking Stall Easement attached as Exhibit B for Phase I and II of the parking construction (b) The parties have negotiated the rent credit regarding Phase II of the parking construction Rent credit in the amount of$34,500 00 will be granted to Lessee for the calendar year 2003 and further rent credit of$34,500 00 will be granted for 2004 beginning January 1, 2004 22. COMMUNICATIONS Lessee is responsible for all installation, operation and termination charges related to its own independent telephone system, including, but not limited to, costs, expenses and charges for telephone equipment and line charges, line installation, inside wrong, re-configuration, and system repairs Lessee shall install a system compatible with Lessor's system and shall coordinate and schedule with the Lessor all work by communications vendors for installation of such a compatible system Lessee shall notify the Lessor thirty (30) days in advance of terminating their telephone • AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 5 of 7 (November 13, 2002) (between King County and City of Kent) service or increasmg/decreasmg the size of their telephone system Lessee shall be responsible for acquiring and paying for local telephone directories 23. RIGHT OF FIRST OFFER TO PURCHASE PROPERTY The parties shall execute the Right of First Offer attached as Exhibit"C The foregoing conditions are mutually agreed to by the Lessor and the Lessee LESSOR: LESSEE: King County, Washington, a political City of Kent, a municipal corporation of subdivision of the State of Wasington the State of Washington By By Print Name Print Name JIM WHITE Title Title MAYOR Date Date (Notary Acknowledgements Appear on Next Page) APPROVED AS TO FORM: APPROVED AS TO FORM: King County Tom Brubaker, City Attorney AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 6 of 7 (November 13, 2002) (between King County and City of Kent) STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this-day of 2002, before me a Notary Public in and for the State of Washington,personally appeared , to me ]mown to be the of KING COUNTY, a Washington political subdivision, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument,and on oath stated that_were authorized to execute said instrument -Notary Seat Mort Appear Within Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written Notary Public in and for the State of Washington residing at My appointment expires STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2002, before me a Notary Public in and for the State of Washington, personally appeared JIM WHITE, to me known to be the Mayor of CITY OF KENT, a Washington municipal corporation, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written Notary Public in and for the State of Washington residing at My appointment expires V CW FILFS _"1;002 tloc AUKEEN DISTRICT COURT FACILITY LEASE AGREEMENT—Page 7 of 7 (November 13, 2002) (beneeen King County and Cnt,of Kent) �i AFTER RECORDING RETURN TO- City of Kent Arm Property Manager 220 Fourth Avenue S Kent, Washington 98032 Grantor: City of Kent Grantee : King County Abbreviated Legal Description: Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 346280-0205-0/000660-0043-0 Project Name: Kent Municipal Court Parking Lot Document Date: RECIPROCAL PARKING EASEMENT THIS INSTRUMENT made this day of 2002, by and between the CITY OF KENT, a municipal corporation of the State of Washington (the "City-) and KING COUNTY, a political subdivision of the State of Washington (the"County") 1. Purpose The City owns the real property legally described as Lot C in Exhibit A, which is incorporated by this reference The County owns the adjoining real property legally described as Lot D in Exhibit A The City has constructed two parking lots, Phase I and Phase II, over portions of Lot C and Lot D The Phase I parking lot is depicted in the cross hatched portion of Exhibit B, which is incorporated by this reference The Phase II parking lot is depicted in the cross hatched portion of Exhibit C, which is incorporated by this reference The purpose of this Parking Easement is to grant the City and the County the right to use the portions of the parking lots constructed on the other party's real property and to establish the allocation of the parking stalls Phase I and Phase II as between the City and the County RECIPROCAL PARKING EASEMENT-Page 1 of 4 (between King County and City of Kent) EXHIBIT B 2. Grant to City The County, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by the County, does grant to the City, its successors and/or assigns, an easement for use of and access to any portion of the Phase I parking stalls depicted in Exhibit B and the Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot D The County reserves the right to use the easement area, so long as that use does not unreasonably interfere with the use of the City and so long as that use is consistent with the conveyance by the City in the following paragraph. 3 Grant to County. The City, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by City, does grant to the County, its successors and/or assigns, the following: an easement for use of and access to any portion of the Phase I parking stalls identified in Exhibit B and Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot C The City shall retain the right to use the easement area, so long as that use does not unreasonably interfere with the use of the County and so long as that use is consistent with the conveyance by the County in the previous paragraph 4 Parking Stall Allocation The County will have use of and access to seven (7) of the twenty-one (21) Phase I parking stalls and use of and access to ten (10) of the thirty-three (33) Phase IT parking stalls 5 Maintenance The City shall maintain and repair the parking lots as shown in Exhibit B and C 6 Terms of Use The City and County shall at all times exercise their rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction The City and County accept the easement areas in their present physical condition, as is 7 Indemnification County does hereby release, indemnify and promise to defend and save harmless City from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by City in connection therewith, ansing directly or indirectly on account of or out of the negligent exercise by County, its servants, agents, employees, and contractors of the rights granted in this Easement City does hereby release, indemnify and promise to defend and save harmless County from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by County in connection therewith, ansing directly or indirectly on account of or out of the negligent exercise by City, its servants, agents, employees and contractors of the rights granted in this Easement RECIPROCAL PARKING EASEMENT-Page 2 of 4 (between King Counry and City of Kent) 8. Run with the Land. This Reciprocal Easement shall be a covenant running with the land forever and shall be binding on the City and County, their successors and assigns. KING COUNTY: CITY OF KENT: By By: Print Name: Print Name: Its: Its. Date: Date: STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RECIPROCAL PARKING EASEMENT-Page 3 of 4 (between King County and City of Kent) • STATE OF WASHINGTON ) . ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Sea!Mot Appear Within rhts Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: KING COUNTY i APPROVED AS TO FORM: TOM BRUBAKER Kent City Attorney P\GvJ\FILES\OP Film 0 76A=ii oc lPv ingE em nt doc RECIPROCAL PARKING EASEMENT-Page 4 of 4 (between King County and City of Kent) LOT'C': CITY OF KENT TAX ACCOUNT NUMBER: 346280-020" LEGAL DESCRIPTION: HORSESHOE ACRE TRS TO KENT POR TRACT 24& POR S W RUSSELL DLC#41 IN NW QTR STR 25-22-04 DAR BEG AT INTSN E MGN EAST VALLEY HWY(AKA CENTRAL AVE)WITH N LN TRACT 24 HORSESHOE ACRES TH N 00-40-16 E ALONG E MGN EAST VALLEY HWY DIST 160.00 FT TH S 89-44-28 E PLL WITH N LN SO TRACT 24 DIST 143.00 FT TH W 00-40-16 E PLL WITH EAST WALLEY HWY 205.99 FT MIL TO S MGN S 259TH ST TH EAST ALG S MGN 2 259TH ST 90,07 FT MA-TO PT 187.12 FT W OF E LN SEC 25 TH S 00-35.50 W PLL WITH E LN SEC DIST 366 85 FT TO N LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SD N LN 68.96 FT TH S 0030.26 W 53 83 FT TH S 45-54-33 E 94.10 FT TH S 00-03-47 W 84 40 FT TH S 89-3&24 E 128.73 FT TH S 00.07-57 W 114.25 FT TO S IN TRACT 24 HORSESHOE ACRES TH N 89.44.28 W ALG SO S LN 363 79 FT TO E MGN EAST VALLEY HWY TH N 00-40.16 E ALG SD E MGN 318.00 FT TO TPOB, LOT 'D': KING COUNTY TAX ACCOUNT NUMBER: 000660-0043.0 LEGAL DESCRIPTION: S W RUSSELL D C#41 POR TRACT 24 HORSESHOE ACRE TRACTS &POR S W RUSSELL DLC IN NW OTR STR 25-22-04 DAR BEG AT INTSN S BNDRY LN SD DLC WITH E LN SEC 25 TH N 89-44-28 W ALG S BNDRY SD DLC 59.86 FT TO TPOB TH S 00-07-57 W 203 74 FT TH N 89-3524 W 128 73 FT TH N 00.03-47 E 84.40 FT TH N 45-5433 W 94.10 FT TH N 00-30-26 E 58 83 FT TO S BNDRY SO DLC TH S 8944-28 E 68.95 FT TO PT 187.12 FT W OF E LN SEC 25 TH N 00-35.50 E PLL TO$D E LN 366,85 FT M/L TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SD DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. EXHIBIT "A" OL-------------------- -------- SOUTH 259tH STREET —--—-- — --- i i I 1 LOT"A" w i j L—J iZ i 1 i - ❑ w ; LOT iu — i e I i I I I I I I I 1 1 I ` I LOT-P I � I LOT 'Ee i I I I I LOT J�- I I I 1 I I I I LOt"F" -- ------------------------- --------- EXHIBIT "C" ----------------------------- SOUTH 259TH STREET ---------- t i i I ' I Lot.Am i i , w i j LJ � 1 iZ i < Z 1 LOT*W I iv — i i i i i LOT'D" I i e _ 1 I 1 I - I 0 I 1 . I i I I I 1 f 1 j1 I I / I LOt nqn r I- I ( 1 i LOT MC' 1 I II I I � 1 I I � 1 LoT r WHEN RECORDED RETURN TO- Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: King County, a political subdivision of Washington Grantees City of Kent, a Washington municipal corporation Abbreviated Legal Description: Additional Legal Description on page of Document. Assessor's Tax Parcel ID No. Project Name: Aukeen District Court Facility Purchase Document Date: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY (Aukeen District Court Facility) This Right of First Offer (the "Agreement") is made this _ day of 2002, by and between KING COUNTY, a municipal corporation and political subdivision of the State of Washington ("King County") and the CITY OF KENT, a municipal corporation of the State of Washington ("City of Kent") RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 1 of 9 (between King County and City of Kent) (November 13, 2002) EXHIBIT C RECITALS A. King County is the owner of certain real property commonly known as the Aukeen District Court and legally described in Attachment "A" incorporated herein (the "Property"). B. The City of Kent has an interest in acquiring the Property. C In order to preserve the potential for the City of Kent to acquire the Property, King County has agreed to grant the City of Kent a right of first offer to purchase the Property AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows 1 Right of First Offer If at anytime after the date of this Agreement King County desires to sell the Property (which does not include a change of use or custodianship within the County), subject to King County Council approval, King County shall first provide the City of Kent the right of first offer to purchase the Property on the ' terms set forth herein 2 Notice. Terms of Transaction. Before marketing or offering the Property for sale, King County shall provide the City of Kent with notice of its intent to sell (the "Sale Notice") The Sale Notice shall be in writing, and shall specify the minimum terms and conditions under which King County is willing to sell the Property (the "Minimum Terms") The Minimum Terms shall include an all cash price for the sale of the Property based upon a MIA appraisal of the Property A copy of the appraisal shall be included with the Minimum Terms The City of Kent may pay for a second MIA appraisal if the City of Kent does not find the first appraisal acceptable If the parties are not able to agree on a puce based on the two appraisals the City of Kent will be deemed to have failed to exercise the right of first offer The Minimum Terms shall also include the form of conveyance deed to be provided, a general description of the representations and RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 2 of 9 (between King County and City of Kent) (November 13,2002) warranties (if any)to be provided by King County, a preliminary title commitment for the Property, and such other matters as King County shall deem appropriate 3. Exercise of Right The City of Kent shall have a period of ninety (90) days after its receipt of the Sale Notice in which to exercise its right of first offer to purchase the Property on the Minimum Terms, or on such other terms as mutually agreed between King County and the City of Kent The City of Kent must exercise this right of first offer in writing, and the right shall be deemed exercised only when written notice of exercise is personally delivered to King County. Failure to exercise the right of first offer in writing within such 90 day period shall cause the right to terminate as it applies to the Sale Notice If the City of Kent does not exercise the right of first offer, at the request of King County in connection with a subsequent sale of the Property, the City of Kent shall provide written confirmation that the City of Kent did not exercise the right The written confirmation shall be in recordable form and may be provided by King County to potential purchasers, lenders and title insurance companies which may be involved in the subsequent sales transaction 4 Access to Property For the ninety (90) day period after the date the City of Kent receives a Sale Notice, the City of Kent shall have the right to enter upon the Property for purposes of conducting studies, investigations and surveys of the Property The City of Kent shall provide King County with at least twenty-four (24) hours prior written notice before entering the Property for such purposes, shall conduct all studies and investigations so as not to interfere with the normal operation of the Property, and shall indemnify, defend and hold harmless King County from all claims, actions or damages ansing from the City of Kent's entry onto and testing on the Property, except to the extent due to King County's negligence The City of Kent shall also promptly repair any and all damage that arises due to The City of Kent's entry onto and testing on the Property To the extent not in conflict with applicable law, the City of Kent agrees to keep confidential all information with respect to the Property made available to the City of Kent by King County, and will divulge such information only to those of its employees RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 3 of 9 (between King County and City of Kent) (November 13,2002) and advisors who have a specific need to know such information for the purposes of investigating the status of the property for potential purchase by the City of Kent, and only after advising each such employee and/or advisor of the confidentiality provisions of this Agreement If the City of Kent elects not to purchase the Property, the City of Kent shall immediately return to King County all information relating to the Property made available by King County. 5. Effect of Exercise If the City of Kent exercises the right of first offer in the manner set forth in Section 3 above, the City of Kent shall thereafter proceed to purchase the Property from King County on the Minimum Terms (or such other terms as mutually,agreed between King County and the City of Kent). Closing shall occur within one hundred twenty (120) days of the date of exercise of the right by the City of Kent. The sale of the Property to the City of Kent shall be through a purchase and sale agreement, statutory warranty deed and other related documents, the form of which shall be mutually agreed upon by the parties. 6. Failure to Exercise If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above, King County shall have a period of twelve (12) months from the date the right of first offer terminates in which to market and sell the Property, provided that the sales price is no less than 95% of the sale price set forth in the Minimum Terms and the other terms of sale are not substantially more favorable to the buyer than the Minimum Terms offered to the City of Kent King County shall inform the City of Kent of the terms of such proposed sale to another buyer, so that the City of Kent can compare them to the Minimum Terns If King County has not closed the sale of the Property within such twelve (12) month period, or if King County desires to sell the Property at a price which is less than 95% of the sales price set forth in the Minimum Terns or on substantially more favorable terms than the Minimum Terms offered to the City of Kent, this right of first offer shall be reinstated in full, and King County must first reoffer the property to the City of Kent on the terms set forth above RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 4 of 9 (between King County and City of Kent) (November 13, 2002) If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above and King County thereafter sells the Property as set forth above, the right of first offer and this Agreement shall thereafter terminate and become null and void. In this respect, and except as specifically provided in Section 7 below, this Agreement and the rights of the City of Kent hereunder shall not apply to a successor owner or purchaser of the Property. 7 Excluded Transactions The right of first offer set forth in this Agreement shall not apply to (i) the merger, consolidation or reorganization of King County, whether or not King County is the surviving entity in such merger, consolidation or reorganization, and (u) a foreclosure sale, trustees sale or deed in lieu of foreclosure with respect to any financial liens or encumbrances on the Property. Notwithstanding the foregoing, in the event of a transaction described in (i), or (it) above, the right of first offer shall continue to apply to the Property notwithstanding such transfers and/or contributions (i e , if the Property is transferred to a subsidiary as described above, the sale of the Property by the successor would be subject to the right of first offer) 8 Subordination This Agreement and the rights of the City of Kent hereunder shall be subject and subordinate to any mortgages or deeds of trust that may now or hereafter be placed upon the Property and to any or all advances to be made or amounts owing thereunder, and all renewals, replacements, consolidations and extensions thereof The City of Kent shall execute and deliver,within fifteen (15) days after demand therefore, whatever instruments may reasonably be required from time to time by any mortgagee or deed of trust beneficiary to confirm such subordination 9 Personal Rights. The right of first offer set forth in this Agreement is personal to the City of Kent, and may not be transferred or assigned by the City of Kent without the express written consent of King County, which shall not be unreasonably withheld 10 Recordation/Release This Agreement will be recorded in the real property records of King County, Washington However, at the request of King County, the City of Kent will sign and record a termination of this Agreement in connection with RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 5 of 9 (between King County and City of Kent) (November 13, 2002) a sale of the Property (in accordance with the terms hereof). Without limiting the foregoing requirements, the failure of the City of Kent to record a termination of this Agreement within fifteen (15) days of request from King County (and assuming King County is otherwise entitled to such termination pursuant to this Agreement) shall constitute a default by the City of Kent hereunder, and King County may seek immediate equitable relief to obtain such termination (in addition to any other rights of King County hereunder). 11 Breach, Remedy. In the event either party defaults or fails to perform its obligations hereunder, the aggrieved party may seek any and all remedies available at law or in equity. Without limiting the foregoing, if the Property is sold in contravention of the City of Kent's rights under this Agreement, the City of Kent shall have the right to equitable relief to declare the sale to be invalid. 12 Governing Law, Attorneys' Fees. This Agreement shall be construed according to the laws of the State of Washington If either King County or the City of Kent should find it necessary to employ an attorney, including an employee of either party, to enforce a provision of the Agreement or to recover damages for the breach hereof(including proceedings in bankruptcy), the prevailing party shall be entitled to be reimbursed for its reasonable court costs and attorneys' fees, in addition to all damages, through all levels of appeal. 13. Authority Each person signing this Agreement on behalf of King County and the City of Kent, respectively, warrants that he/she has the proper corporate authority to enter into this Agreement 14. Notices. Any and all notices required under this Agreement shall be deemed to have been given upon receipt when personally delivered, sent overnight courier, or two days after deposit in the United States mail. All notices shall be addressed as set forth below or such other address as any party may later specify in writing. RIGHT OF FIRST OFFER TO PURCHASE PROPERTY-Page 6 of 9 (between King County and City oJKent) (November 13,2002) . Buyer: City of Kent Parks, Recreation and Community Services 220 Fourth Avenue South Kent, WA 98032-5895 With a copy to City of Kent City Attorneys Office 220 Fourth Avenue South Kent, WA 98032-5895 Seller: King County Property Services Division King County Administration Building 500 Fourth Avenue,Room 500 Seattle, WA 98104 With a copy to King County Prosecuting Attorney CiNil Division 500 Fourth Avenue, Room 900 Seattle, WA 98104 • With a copy to King County Transit Division 201 S. Jackson Street Seattle, WA 98104 15. Complete Agreement This Agreement constitutes the full and complete agreement concerning the right of first offer Any modification of this Agreement shall be in writing and properly executed by the parties hereto or their successors-in-interest DATED as of the day and year first above written KING COUNTY, a political subdivision of Washington By Its Date RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 7 of 9 (between King County and City of Kent) (November 13, 2002) CITY OF KENT, a Washington municipal . corporation By Its Date: STATE OF WASHINGTON ) ss. COUNTY OF KING } I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Nmary Seal Mwi Appear Within Thu Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 8 of 9 (between King County and City of Kent) (November 13, 2002) STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument,on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seat Must Appear Withm Thts Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC,3n and for the State of Washington residing at My appointment expires P W,i VlLES\OP FilaW6Vt,&Qff.Offs I I I303 doc RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 9 of 9 (between King County and City of Kent) (November 13,2002) LOT'D':KING COUNTY TAX ACCOUNT NUMBER: 000660-00 3 LEGAL DESCRIPTION: S W RUSSELL D C N41 POR TRACT 24 HORSESHOE ACRE TRACTS 6 POR S W RUSSELL DLC IN NW QTR STR 25.22.04 DAF.BEG AT INTSN S BNDRY LN SD DLC WITH E LN SEC 25 TH N 89-44-23 W ALG S BNDRY SD DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128.73 FT TH N 00-03-47 E 84.40 FT TH N 45-54.33 W 94.10 FT TH N 00-30-26 E 58.83 FT TO S BNDRY SO DLC TH S 89.4,E-28 E 68.95 FT TO PT 187.12 FT W OF E IN SEC 25 TH N 00-35-50 E PLL TO SD E LN 366.85 FT MIL TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SO DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOS. ATTACHMENT A 2. Grant to City. The County, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by the County, does grant to the City, its successors and/or assigns, an easement for use of and access to any portion of the Phase I parking stalls depicted in Exhibit B and the Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot D. The County reserves the right to use the easement area, so long as that use does not unreasonably interfere with the use of the City and so long as that use is consistent with the conveyance by the City in the following paragraph 3 Grant to County The City, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by City, does grant to the County, its successors and/or assigns, the following: an easement for use of and access to any portion of the Phase I parking stalls identified in Exhibit B and Phase II parking stalls depicted on $xhibit C, which are located on the real property legally described in Exhibit A as Lot C. The City shall retain the right to use the easement area, so long as that use does not unreasonably interfere with the use of the County and so long as that use is consistent with the conveyance by the County in the previous paragraph 4 Parking Stall Allocation. The County will have use of and access to seven (7) of the twenty-one (21) Phase I parking stalls and use of and access to ten (10) of the thirty-three (33) Phase II parking stalls. 5 Maintenance The City shall maintain and repair the parking lots as shown in Exhibit B and C 6 Terms of Use. The City and County shall at all times exercise their rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction The City and County accept the easement areas in their present physical condition, as is 7. Indemnification County does hereby release, indemnify and promise to defend and save harmless City from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by City in connection therewith, ansing directly or indirectly on account of or out of the negligent exercise by County, its servants, agents, employees, and contractors of the rights granted in this Easement City does hereby release, indemnify and promise to defend and save harmless County from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorneys fees incurred by County in connection therewith, ansmg directly or indirectly on account of or out of the negligent exercise by City, its servants, agents, employees and contractors of the rights granted in this Easement RECIPROCAL PARKING EASEMENT-Page 2 of 4 (between King County and City of Kent) 8. Run with the Land. This Reciprocal Easement shall be a covenant running with the land forever and shall be binding on the City and County, their successors and assigns. KING COUNTY: CITY OF KENT: By. By: Print Name. Print Name: Its: Its Date. Date. STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Mwi Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RECIPROCAL PARKING EASEMENT-Page 3 of 4 (between King County and City of Kent) STATE OF WASHINGTON ) : ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Wahln Diu Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: KING COUNTY APPROVED AS TO FORM: TOM BRUBAKER Kent City Attorney P\Cvl\FILES\OyenFila\0616VtaiyroulParkingFsscmcm doc RECIPROCAL PARKING EASEMENT-Page 4 of 4 (between King County and City ojKent) LOT'C': CITY OF KENT TAX ACCOUNT NUMBER: 346280-0205-0 LEGAL DESCRIPTION: HORSESHOE ACRE TRS TO KENT POR TRACT 24&POR S W RUSSELL DLC#41 IN NW QTR STR 25-22-04 OAF:BEG AT INTSN E MGN EAST VALLEY HWY (AKA CENTRAL AVE)WITH N LN TRACT 24 HORSESHOE ACRES TH N 0044 46 E ALONG E MGN EAST VALLEY HWY DIST 160.00 FT TH S 89-44-28 E PLL WITH N LN SO TRACT 24 DIST 143.00 FT TH W 00-40-16 E PLL WITH EAST WALLEY HWY 205.99 FT M/L TO S MGN S 259TH ST TH EAST ALG S MGN 2 259TH ST K07 FT MA.TO PT 187.12 FT W OF E LN SEC 25 TH S 00-35-50 W PLL WITH E LN SEC DIST 366 85 FT TO N LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SO N LN 68 96 FT TH S 00-30-26 W 53 83 FT TH S 45.54-33 E 94.10 FT TH S 00-03-47 W 84 40 FT TH S 89.35.24 E 128.73 FT TH S 00-07-57 W 114.25 FT TO S LN TRACT 24 HORSESHOE ACRES TH N 89-44.28 W ALG SO S LN 363 79 FT TO E MGN EAST VALLEY HWY TH N 00-40-16 E ALG SO E MGN 318 00 FT TO TPOB LOT 'D': KING COUNTY TAX ACCOUNT NUMBER: 000660-0043-0 LEGAL DESCRIPTION: S W RUSSELL D C#41 POR TRACT 24 HORSESHOE ACRE TRACTS &POR S W RUSSELL DLC IN NW OTR STR 25.22-04 DAF•BEG AT INTSN S BNDRY LN SD DLC WITH E LN SEC 25 TH N 89-44.28 W ALG S BNDRY SD DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128.73 FT TH N W03-47 E 84.40 FT TH N 45-54-33 W 94.10 FT TH N 00-30-26 E 58.83 FT TO S BNDRY SO DLC TH S 89-44-28 E 68 95 FT TO PT 187.12 FT W OF E LN SEC 25 TH N 00-35-50 E PLL TO SD E LN 366.85 FT M/L TO S MGN S 259TH ST TH E ALG S MGN 10213 FT MIL TO PT 85 00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SD DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. EXHIBIT "A" ------- ------- - - - - -- - - - -- --- - 5OUTH 259TH StREET IF I i II i I LOT"A" I IZ i < I❑ 1 J ❑ I LOT"6" W i U LOT Op i I ' i o I io I I 1 I I 1 1 I I i r I 1 I LOT"E" I � I I I I � I � I / ` I I 1 r \ i � I — , —_—___.__—_— -- --_ _��J--- EXHIBIT "C" ------------------------------ SOUTH 259TH -- i i i LOT � ' I i_J Z 1❑ ❑ w i E r"B" iv i - i i i i i Lovpw i i i i i i — i • i i i i i f i U M j r i r i � WHEN RECORDED RETURN TO- Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: King County, a political subdivision of Washington Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: Additional Legal Description on page of Document. Assessor's Tax Parcel ID No. Project Name: Aukeen District Court Facility Purchase Document Date: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY (Aukeen District Court Facility) This Right of First Offer (the "Agreement") is made this _ day of 2002, by and between KING COUNTY, a municipal corporation and political subdivision of the State of Washington ("King County") and the CITY OF KENT, a municipal corporation of the State of Washington ("City of Kent") RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 1 of 9 (between King County and City of Kent) (November 13,2002) EXHIBIT C RECITALS A. King County is the owner of certain real property commonly known as the Aukeen District Court and legally described in Attachment "A" incorporated herein (the "Property"), B The City of Kent has an interest in acquiring the Property. C. In order to preserve the potential for the City of Kent to acquire the Property, King County has agreed to grant the City of Kent a right of first offer to purchase the Property. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I Right of First Offer. If at any time afler the date of this Agreement King County desires to sell the Property (which does not include a change of use or custodianship within the County), subject to King County Council approval, King County . shall first provide the City of Kent the right of first offer to purchase the Property on the terms set forth herein. 2 Notice. Terms of Transaction Before marketing or offering the Property for sale, King County shall provide the City of Kent with notice of its intent to sell (the "Sale Notice"). The Sale Notice shall be in writing, and shall specify the minimum terms and conditions under which King County is willing to sell the Property (the "Minimum Terms") The Minimum Terms shall include an all cash price for the sale of the Property based upon a MIA appraisal of the Property A copy of the appraisal shall be included with the Minimum Terms The City of Kent may pay for a second MIA appraisal if the City of Kent does not find the first appraisal acceptable If the parties are not able to agree on a price based on the two appraisals the City of Kent will be deemed to have failed to exercise the right of first offer The Minimum Terms shall also include the form of conveyance deed to be provided, a general description of the representations and RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 2 of 9 (between King County and City of Kent) (November 13,2002) warranties (if any)to be provided by King County, a preliminary title commitment for the Property, and such other matters as King County shall deem appropriate. 3 Exercise of Ri¢ht The City of Kent shall have a period of ninety (90) days after its receipt of the Sale Nonce in which to exercise its right of first offer to purchase the Property on the Minimum Terms, or on such other terns as mutually agreed between King County and the City of Kent. The City of Kent must exercise this right of first offer in writing, and the right shall be deemed exercised only when written notice of exercise is personally delivered to King County Failure to exercise the right of first offer in writing within such 90 day period shall cause the right to terminate as it applies to the Sale Notice. If the City of Kent does not exercise the right of first offer, at the request of King County in connection with a subsequent sale of the Property, the City of Kent shall provide written confirmation that the City of Kent did not exercise the right The written confirmation shall be in recordable form and may be provided by King County to potential purchasers, lenders and title insurance companies which may be involved in the subsequent sales transaction 4 Access to Property For the ninety (90) day period after the date the City of Kent receives a Sale Notice, the City of Kent shall have the right to enter upon the Property for purposes of conducting studies, investigations and surveys of the Property The City of Kent shall provide King County with at least twenty-four (24) hours prior written notice before entering the Property for such purposes, shall conduct all studies and investigations so as not to interfere with the normal operation of the Property, and shall indemnify, defend and hold harmless King County from all claims, actions or damages arising from the City of Kent's entry onto and testing on the Property, except to i the extent due to King County's negligence The City of Kent shall also promptly repair any and all damage that arises due to the City of Kent's entry onto and testing on the Property To the extent not in conflict with applicable law, the City of Kent agrees to keep confidential all information with respect to the Property made available to the City of Kent by King County, and will divulge such information only to those of its employees RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 3 of 9 (between King County and City of Kent) (November 13,1002) and advisors who have a specific need to know such information for the purposes of investigating the status of the property for potential purchase by the City of Kent, and only after advising each such employee and/or advisor of the confidentiality provisions of this Agreement. If the City of Kent elects not to purchase the Property, the City of Kent shall immediately return to King County all information relating to the Property made available by King County. 5 Effect of Exercise If the City of Kent exercises the right of first offer in the manner set forth in Section 3 above, the City of Kent shall thereafter proceed to purchase the Property from King County on the Minimum Terms (or such other terms as mutually agreed between King County and the City of Kent). Closing shall occur within one hundred twenty (120) days of the date of exercise of the right by the City of Kent. The sale of the Property to the City of Kent shall be through a purchase and sale agreement, statutory warranty deed and other related documents, the form of which shall be mutually agreed upon by the parties 6 Failure to Exercise If the City of Kent does not exercise its right of first . offer in the manner set forth in Section 3 above, King County shall have a period of twelve (12)months from the date the right of first offer terminates in which to market and sell the Property, provided that the sales price is no less than 95% of the sale price set forth in the Minimum Terms and the other terms of sale are not substantially more favorable to the buyer than the Minimum Terms offered to the City of Kent King County shall inform the City of Kent of the terms of such proposed sale to another buyer, so that the City of Kent can compare them to the Minimum Terms. If King County has not closed the sale of the Property within such twelve (12) month period, or if King County desires to sell the Property at a price which is less than 95% of the sales price set forth in the Minimum Terms or on substantially more favorable terms than the Minimum Terms offered to the City of Kent, this right of first offer shall be reinstated in full, and King County must first reoffer the property to the City of Kent on the terms set forth above RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 4 of 9 is (between King County and City of Kent) (November 13, 1002) If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above and King County thereafter sells the Property as set forth above, the right of first offer and this Agreement shall thereafter terminate and become null and void hi this respect, and except as specifically provided in Section 7 below, this Agreement and the rights of the City of Kent hereunder shall not apply to a successor owner or purchaser of the Property. 7. Excluded Transactions. The right of first offer set forth in this Agreement shall not apply to (i) the merger, consolidation or reorganization of King County, whether or not King County is the surviving entity in such merger, consolidation or reorganization, and (u) a foreclosure sale, trustees sale or deed in lieu of foreclosure with respect to any financial liens or encumbrances on the Property Notwithstanding the foregoing, in the event of a transaction described in (i), or (ii) above, the right of first offer shall continue to apply to the Property notwithstanding such transfers and/or contributions (i.e., if the Property is transferred to a subsidiary as described above, the sale of the Property by the successor would be subject to the right of first offer). 8 Subordination This Agreement and the rights of the City of Kent hereunder shall be subject and subordinate to any mortgages or deeds of trust that may now or hereafter be placed upon the Property and to any or all advances to be made or amounts owing thereunder, and all renewals, replacements, consolidations and extensions thereof The City of Kent shall execute and deliver, within fifteen (15)days after demand therefore, whatever instruments may reasonably be required from time to time by any mortgagee or deed of trust beneficiary to confirm such subordination. 9 Personal Rights The right of first offer set forth in this Agreement is personal to the City of Kent, and may not be transferred or assigned by the City of Kent without the express written consent of King County, which shall not be unreasonably withheld 10 Recordation/Release This Agreement will be recorded in the real property records of Icing County, Washington However, at the request of King County, the City of Kent will sign and record a termination of this Agreement in connection with RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 5 of 9 (between King County and City of Kent) (November 13, 2002) a sale of the Property (in accordance with the terms hereof) Without limiting the foregoing requirements, the failure of the City of Kent to record a termination of this Agreement within fifteen (15) days of request from King County (and assuming King County is otherwise entitled to such termination pursuant to this Agreement) shall constitute a default by the City of Kent hereunder, and King County may seek immediate equitable relief to obtain such termination (in addition to any other rights of King County hereunder) 11. Breach, Remedy. In the event either party defaults or fails to perform its obligations hereunder, the aggrieved party may seek any and all remedies available at law or in equity. Without limiting the foregoing, if the Property is sold in contravention of the City of Kent's rights under this Agreement, the City of Kent shall have the right to equitable relief to declare the sale to be invalid 12 Governing Law, Attorneys' Fees This Agreement shall be construed according to the laws of the State of Washington If either King County or the City of Kent should find it necessary to employ an attorney, including an employee of either party, to enforce a provision of the Agreement or to recover damages for the breach hereof(including proceedings in bankruptcy), the prevailing party shall be entitled to be reimbursed for its reasonable court costs and attorneys' fees, in addition to all damages, through all levels of appeal 13 Authority Each person signing this Agreement on behalf of King County and the City of Kent, respectively, warrants that he/she has the proper corporate authority to enter into this Agreement. 14 Notices Any and all notices required under this Agreement shall be deemed to have been given upon receipt when personally delivered, sent overnight courier, or two days after deposit in the United States marl. All notices shall be addressed as set forth below or such other address as any party may later specify in writing RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 6 of 9 (between King County and City of Kent) (November 13, 2002) Buyer: City of Kent Parks, Recreation and Community Services 220 Fourth Avenue South Kent, WA 98032-5895 With a copy to City of Kent City Attomey's Office 220 Fourth Avenue South Kent, WA 98032-5895 Seller: King County Property Services Division King County Administration Building 500 Fourth Avenue, Room 500 Seattle, WA 98104 With a copy to King County Prosecuting Attorney Civil Division 500 Fourth Avenue, Room 900 Seattle, WA 98104 With a copy to King County Transit Division 201 S Jackson Street Seattle, WA 98104 15. Complete Agreement This Agreement constitutes the full and complete agreement concerning the right of first offer Any modification of this Agreement shall be in writing and properly executed by the parties hereto or their successors-in-interest DATED as of the day and year first above written KING COUNTY, a political subdivision of Washington By Its Date I RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 7 of 9 (between King County and Cay of Kent) (November 13,2002) CITY OF KENT, a Washington municipal corporation By Its Date STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear W ahm Thar Box- IN WITNESS WHEREOF, I have bereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 8 of 9 (between King County and City of Kent) (November 13, 2002) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires P 11302 doc i RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 9 of 9 (between King County and City of Kent) (November 13,2002) LOT`D': KING COUNTY TAX ACCOUNT NUMBER: 000660.0043.0 LEGAL DESCRIPTION: S W RUSSELL D C N41 POR TRACT 24 HORSESHOE ACRE TRACTS&POR S W RUSSELL DLC IN NW OTR STR 25-22-04 DAF.BEG AT INTSN S BNDRY LN SO DLC WITH E LN SEC 25 TH N 89-44.28 W ALG S BNDRY SO DLC 59.86 FT TO TPOS TH S 00-07-57 W 203.74 FT TH N 89-35.24 W 128.73 FT TH N M0347 E 84.40 FT TH N 45.54-33 W 94.10 FT TH N 00-30-26 E 58.83 FT TO S BNDRY SO DLC TH S 89.44-28 E 68.95 FT TO PT 187.12 FT W OF E IN SEC 25 TH N 00.35-50 E PLL TO SO E LN 366.85 FT MIL TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SO DLC TH S 89- 4-28 E ALG S LN 25.14 FT TO TPOB. ATTACHMENT A i AFTER RECORDING RETURN TO City of Kent Attn• Property Manager 220 Fourth Avenue S Kent, Washington 98032 Grantor: City of Kent Grantee : 'King County Abbreviated Legal Description: Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 346280-0205-0/ 000660-0043-0 Project Name: Kent Municipal Court Parking Lot Document Date: RECIPROCAL PARKING EASEMENT THIS INSTRUMENT made this day of 2002, by and between the CITY OF KENT, a municipal corporation of the State of Washington (the "City") and KING COUNTY, a political subdivision of the State of Washington(the"County") 1 Purpose The City owns the real property legally described as Lot C in Exhibit A, which is incorporated by this reference The County owns the adjoining real property legally described as Lot D in Exhibit A The City has constructed two parking lots, Phase I and Phase II, over portions of Lot C and Lot D The Phase I parking lot is depicted in the cross hatched portion of Exhibit B, which is incorporated by this reference The Phase II parking lot is depicted in the cross hatched portion of Exhibit C, which is incorporated by this reference The purpose of this Parking Easement is to grant the City and the County the right to use the portions of the parking lots constructed on the other party's real property and to establish the allocation of the parking stalls Phase I and Phase II as between the City and the County RECIPROCAL PARKING EASEMENT-Page 1 of 4 (behveen King County and City of Kent) 2. Grant to City The County, for and in consideration of mutual benefits derived i and/or other valuable consideration, receipt of which is hereby acknowledged by the County, does grant to the City, its successors and/or assigns, an easement for use of and access to any portion of the Phase I parking stalls depicted in Exhibit B and the Phase 11 parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot D. The County reserves the right to use the easement area, so long as that use does not unreasonably interfere with the use of the City and so long as that use is consistent with the conveyance by the City in the following paragraph 3. Grant to County The City, for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by City, does grant to the County, its successors and/or assigns, the following: an easement for use of and access to any portion of the Phase I parking stalls identified in Exhibit B and Phase II parking stalls depicted on Exhibit C, which are located on the real property legally described in Exhibit A as Lot C The City shall retain the right to use the easement area, so long as that use does not unreasonably interfere with the use of the County and so long as that use is consistent with the conveyance by the County in the previous paragraph 4. Parking Stall Allocation. The County will have use of and access to seven (7) of the twenty-one (21) Phase I parking stalls and use of and access to ten (10) of the thirty-three (33) Phase II parking stalls. 5 Maintenance The City shall maintain and repair the parking lots as shown in a Exhibit B and C. 6 Terms of Use The City and County shall at all times exercise their rights under this Easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction The City and County accept the easement areas in their present physical condition, as is 7. Indemnification. County does hereby release, indemnify and promise to defend and save harmless City from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorneys fees incurred by City in connection therewith, arising directly or indirectly on account of or out of the negligent exercise by County, its servants, agents, employees, and contractors of the rights granted in this Easement City does hereby release, indemnify and promise to defend and save harmless County from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by County in connection therewith, ansing directly or indirectly on account of or out of the negligent exercise by City, its servants, agents, employees and contractors of the rights granted in this Easement RECIPROCAL PARKING EASEMENT-Page 2 of 4 . (between King County and City of Kent) 8 Run with the Land This Reciprocal Easement shall be a covenant running with the land forever and shall be binding on the City and County, their successors and assigns KING COUNTY: CITY OF KENT: BY' BY Print Name Print Name Its- Its Date Date. STATE OF WASHINGTON ) ss. COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed ttus instrument, on oath stated that he is authorized to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires RECIPROCAL PARKING EASEMENT-Page 3 of 4 (between King County and City of Kent) STATE OF WASHINGTON ) 0 : ss. COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Wuho,Thu Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above wntten. NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: KING COUNTY APPROVED AS TO FORM: TOM BRUBAKER Kent City Attorney P\Civil\ lLF \Op nFilaft?6Rectpr lPar ingF cm nt doc RECIPROCAL PARKING EASEMENT-Page 4 of 4 (between King Counry and Ctry of Kent) LOT-C": CITY OF KENT TAX ACCOUNT NUMBER: 346280-0205-0 LEGAL DESCRIPTION: HORSESHOE ACRE TRS TO KENT POR TRACT 24 & POR S W RUSSELL DLC#41 IN NW QTR STR 25-22-04 DAF.BEG AT INTSN E MGN EAST VALLEY HWY(AKA CENTRAL AVE)WITH N LN TRACT 24 HORSESHOE ACRES TH N 00-40-16 E ALONG E MGN EAST VALLEY HWY DIST 160.00 FT TH S 89-44-28 E PLL WITH N LN SO TRACT 24 DIST 143.00 FT TH W 00-40-16 E PLL WITH EAST WALLEY HWY 205.99 FT M/L TO S MGN S 259TH ST TH EAST ALG S MGN 2 259TH ST 90 07 FT MIL TO PT 18712 FT W OF E LN SEC 25 TH $00-35.50 W PLL WITH E LN SEC DIST 366 85 FT TO N LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SO N LN 68.96 FT TH S 00-30-26 W 53.83 FT TH S 45-5433 E 94.10 FT TH S 00-03-47 W 84.40 FT TH S 89-35-24 E 128.73 FT TH S 00-07-57 W 114 25 FT TO S LN TRACT 24 HORSESHOE ACRES TH N 89-44-28 W ALG SD S LN 363 79 FT TO E MGN EAST VALLEY HWY TH N 00-40-16 E ALG SO E MGN 318 00 FT TO TPOB. LOT'D': KING COUNTY TAX ACCOUNT NUMBER: 000660-0043-0 LEGAL DESCRIPTION: S W RUSSELL D C#41 POR TRACT 24 HORSESHOE ACRE TRACTS &POR S W RUSSELL DLC IN NW QTR STR 25-22-04 DAF:BEG AT INTSN S BNDRY LN SO DLC WITH E LN SEC 25 TH N 89-44-28 W ALG S BNDRY SD DLC 59 86 FT TO TPOB TH S 00-07-57 W 203 74 FT TH N 89-3524 W 128 73 FT TH N 00-03-47 E 84 40 FT TH N 45-54-33 W 94.10 FT TH N 00-30-26 E 58.83 FT TO S BNDRY SO DLC TH S 89-44-28 E 68 95 FT TO PT 187.12 FT W OF E LN SEC 25 TH N 00-35-50 E PLL TO SO E LN 366 65 FT M/L TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85 00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SD DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. EXHIBIT "A" ------------------------------ ----- 259-- StREEt ------------- SOUTH i !I i LOT NA" I � I = L J iZ i !� l t +o IJ 0 i < r------- - W I LOt"i3" iu i - i i i i i !i i i i - ---------- ---- ts I i i I i 1 i I LOt"E" I � i ltOT"C" 1 � II � I i i - - --- ----------------�-- ------ EXHIBIT "B" EXHIBIT "C" --------------------------------SOUTH 259TH STREET _.__-_--- ------ i i I I LOT"A" i i i iZ i ❑ I J ❑ i < - WLOT"B" j U I - - I I 1 e I I _ I I i I i - I I 0 I I I ( l I � i i i i i LOT MCI ( Ii 1 I I i ( i i -- WHEN RECORDED RETURN TO Property Management City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor: King County, a political subdivision of Washington Grantee: City of Kent, a Washington municipal corporation Abbreviated Legal Description: Additional Legal Description on page of Document. Assessor's Tax Parcel ID No. Project Name: Aukeen District Court Facility Purchase Document Date: RIGHT OF FIRST OFFER TO PURCHASE PROPERTY (Aukeen District Court Facility) This Right of First Offer (the "Agreement") is made this _ day of 2002, by and between KING COUNTY, a municipal corporation and political subdivision of the State of Washington ("King County") and the CITY OF KENT, a municipal corporation of the State of Washington ("City of Kent") RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 1 of 9 (benieen King County and Cary of Kent) (November 13, 2002) RECITALS A. King County is the owner of certain real property commonly known as the Aukeen District Court and legally described in Attachment "A" incorporated herein (the "Property'). B. The City of Kent has an interest in acquiring the Property C. In order to preserve the potential for the City of Kent to acquire the Property, King County has agreed to grant the City of Kent a right of first offer to purchase the Property AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows 1 Right of First Offer If at any time after the date of this Agreement King County desires to sell the Property (which does not include a change of use or custodianship within the County), subject to King County Council approval, King County shall first provide the City of Kent the right of first offer to purchase the Property on the • terms set forth herein 2 Notice. Terms of Transaction Before marketing or offering the Property for sale, King County shall provide the City of Kent with notice of its intent to sell (the "Sale Notice"). The Sale Notice shall be in writing, and shall specify the minimum terms and conditions under which King County is willing to sell the Property (the "Minimum Terms"). The Minimum Terms shall include an all cash price for the sale of the Property based upon a MIA appraisal of the Property A copy of the appraisal shall be included with the Minimum Terms The City of Kent may pay for a second MIA appraisal if the City of Kent does not find the first appraisal acceptable If the parties are not able to agree on a price based on the two appraisals the City of Kent will be deemed to have failed to exercise the right of first offer The Minimum Terms shall also include the form of conveyance deed to be provided, a general description of the representations and RIGHT OF FIRST OFFER TO PURCHASE PROPERTY-Page 2 of 9 . (between King County and City of Kent) (November 13, 2002) warranties (if any) to be provided by King County, a preliminary title commitment for the Property, and such other matters as King County shall deem appropriate 3. Exercise of Right The City of Kent shall have a period of ninety (90) days after its receipt of the Sale Notice in which to exercise its right of first offer to purchase the Property on the Minimum Terms, or on such other terms as mutually agreed between King County and the City of Kent The City of Kent must exercise this right of first offer in writing, and the right shall be deemed exercised only when written notice of exercise is personally delivered to King County Failure to exercise the right of first offer in writing within such 90 day period shall cause the right to terminate as it applies to the Sale Notice If the City of Kent does not exercise the right of first offer, at the request of King Comity in connection with a subsequent sale of the Property, the City of Kent shall provide written confirmation that the City of Kent did not exercise the right The written confirmation shall be in recordable form and may be provided by King County to potential purchasers, lenders and title insurance companies which may be involved in the subsequent sales transaction . 4 Access to Property For the ninety (90) day period after the date the City of Kent receives a Sale Notice, the City of Kent shall have the right to enter upon the Property for purposes of conducting studies, investigations and surveys of the Property The City of Kent shall provide King County with at least twenty-four (24) hours prior written notice before entering the Property for such purposes, shall conduct all studies and investigations so as not to interfere with the normal operation of the Property, and shall indemnify, defend and hold harmless King County from all claims, actions or damages ansing from the City of Kent's entry onto and testing on the Property, except to the extent due to King County's negligence The City of Kent shall also promptly repair any and all damage that arises due to the City of Kent's entry onto and testing on the Property To the extent not in conflict with applicable law, the City of Kent agrees to keep confidential all information with respect to the Property made available to the City of Kent by King County, and will divulge such information only to those of its employees RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 3 of 9 (between King County and City of Kent) (November 13, 2002) and advisors who have a specific need to know such information for the purposes of . investigating the status of the property for potential purchase by the City of Kent, and only after advising each such employee and/or advisor of the confidentiality provisions of this Agreement If the City of Kent elects not to purchase the Property, the City of Kent shall immediately return to King County all information relating to the Property made available by King County. 5 Effect of Exercise If the City of Kent exercises the right of first offer in the manner set forth in Section 3 above, the City of Kent shall thereafter proceed to purchase the Property from King County on the Minimum Terms (or such other terms as mutually agreed between King County and the City of Kent) Closing shall occur within one hundfed twenty (120) days of the date of exercise of the right by the City of Kent The sale of the Property to the City of Kent shall be through a purchase and sale agreement, statutory warranty deed and other related documents, the form of which shall be mutually agreed upon by the parties 6 Failure to Exercise If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above, King County shall have a period of twelve(12) months from the date the right of first offer terminates in which to market and sell the Property, provided that the sales price is no less than 95% of the sale price set forth in the Minimum Terms and the other terms of sale are not substantially more favorable to the buyer than the Minimum Terms offered to the City of Kent King County shall inform the City of Kent of the terms of such proposed sale to another buyer, so that the City of Kent can compare them to the Minimum Terms If King County has not closed the sale of the Property within such twelve (12) month period, or if King County desires to sell the Property at a price which is less than 95% of the sales price set forth in the Minimum Terms or on substantially more favorable terms than the Minimum Terms offered to the City of Kent, this right of first offer shall be reinstated in full, and King County must first reoffer the property to the City of Kent on the terms set forth above RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 4 of 9 . (between King County and City of Kent) (November 13, 2002) If the City of Kent does not exercise its right of first offer in the manner set forth in Section 3 above and King County thereafter sells the Property as set forth above, the right of first offer and this Agreement shall thereafter terminate and become null and void. In this respect, and except as specifically provided in Section 7 below, this Agreement and the rights of the City of Kent hereunder shall not apply to a successor owner or purchaser of the Property 7 Excluded Transactions The right of first offer set forth in this Agreement shall not apply to (i) the merger, consolidation or reorganization of King County, whether or not King County is the surviving entity in such merger, consolidation or reorganization, and (n) a foreclosure sale, trustees sale or deed in lieu of foreclosure with respect to' any financial liens or encumbrances on the Property Notwithstanding the foregoing, in the event of a transaction described in (1), or (u) above, the right of first offer shall continue to apply to the Property notwithstanding such transfers and/or contributions (i e , if the Property is transferred to a subsidiary as described above, the sale of the Property by the successor would be subject to the right of first offer) 8 Subordination This Agreement and the rights of the City of Kent hereunder shall be subject and subordinate to any mortgages or deeds of trust that may now or hereafter be placed upon the Property and to any or all advances to be made or amounts owing thereunder, and all renewals, replacements, consolidations and extensions thereof. The City of Kent shall execute and deliver, within fifteen (15) days after demand therefore, whatever instruments may reasonably be required from time to time by any mortgagee or deed of trust beneficiary to confirm such subordination 9. Personal Rights The right of first offer set forth in this Agreement is personal to the City of Kent, and may not be transferred or assigned by the City of Kent without the express written consent of King County, which shall not be unreasonably withheld 10 Recordation/Release This Agreement will be recorded in the real property records of King County, Washington However, at the request of King County, the City of Kent will sign and record a termination of this Agreement in connection with RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 5 of 9 (between King County and City of Kent) (November 13, 2002) a sale of the Property (in accordance with the terms hereof). Without limiting the foregoing requirements, the failure of the City of Kent to record a termination of this Agreement within fifteen (15) days of request from King County (and assuming King County is otherwise entitled to such termination pursuant to this Agreement) shall constitute a default by the City of Kent hereunder, and King County may seek immediate equitable relief to obtain such termination (in addition to any other rights of King County hereunder) 11 Breach, Remedy. In the event either party defaults or fails to perform its obligations hereunder, the aggrieved party may seek any and all remedies available at law or in equity Without limiting the foregoing, if the Property is sold in contravention of the City of Kent's rights under this Agreement, the City of Kent shall have the right to equitable relief to declare the sale to be invalid 12 Governing Law, Attorneys' Fees. This Agreement shall be construed according to the laws of the State of Washington. If either King County or the City of Kent should find it necessary to employ an attorney, including an employee of either party, to enforce a provision of the Agreement or to recover damages for the breach hereof(including proceedings in bankruptcy), the prevailing party shall be entitled to be reimbursed for its reasonable court costs and attorneys' fees, in addition to all damages, through all levels of appeal 13 Authority Each person signing this Agreement on behalf of King County and the City of Kent, respectively, warrants that he/she has the proper corporate authority to enter into this Agreement 14. Notices Any and all notices required under this Agreement shall be deemed to have been given upon receipt when personally delivered, sent overnight couner, or two days after deposit in the United States mail All notices shall be addressed as set forth below or such other address as any party may later specify in writing- RIGHT OF FIRST OFFER TO PURCHASE PROPERTY-Page 6 of 9 (between Kmg County and City of Kent) (November 13, 1001) Buyer: City of Kent Parks, Recreation and Community Services 220 Fourth Avenue South Kent, WA 98032-5895 With a copy to City of Kent City Attorney's Office 220 Fourth Avenue South Kent, WA 98032-5895 Seller: King County Property Services Division King County Administration Building 500 Fourth Avenue, Room 500 Seattle, WA 98104 With a copy to King County Prosecuting Attorney Civil Division 500 Fourth Avenue, Room 900 Seattle, WA 98104 With a copy to King County Transit Division 201 S Jackson Street Seattle, WA 98104 15 Complete Agreement This Agreement constitutes the full and complete agreement concerning the right of first offer Any modification of this Agreement shall be in writing and properly executed by the parties hereto or their successors-in-interest. DATED as of the day and year first above written KING COUNTY, a political subdivision of Washington By Its Date RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 7 of 9 (between King County and City of Kent) (November 13, 2002) CITY OF KENT, a Washington municipal corporation By Its Date- STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me,and said person acknowledged that he signed this instrument, on oath stated that he is authonzed to execute the instrument on behalf of the KING COUNTY, as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appointment expires RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 8 of 9 (between King County and City oJKent) (November 13, 1002) STATE OF WASHINGTON ) : ss COUNTY OF KING ) I hereby certify that on the day of 2002, I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the CITY OF KENT as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument -Notary Seat Must Appear Wuhm Thu Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written NOTARY PUBLIC,in and for the State of Washington residing at My appouitment expires P W6V,g Gff.OHa111102 doc RIGHT OF FIRST OFFER TO PURCHASE PROPERTY—Page 9 of 9 (between King County and City of Kent) (November 13, 2002) LOT EDO:KING COUNTY TAX ACCOUNT NUMBER: 000660-0043-0 LEGAL DESCRIPTION: S W RUSSELL 0 C#41 POR TRACT 24 HORSESHOE ACRE TRACTS 3 POR S W RUSSELL DLC IN NW OTR STR 25-22-04 DAP BEG AT INTSN S BNDRY LN SD DLC WITH E LN SEC 25 TH N 89-44.28 W ALG S BNDRY SO DLC 59.86 FT TO TPOB TH S 00-07-57 W 203.74 FT TH N 89-35-24 W 128.73 FT TH N 00.03-47 E 94.40 FT TH N 45.54.33 W 94.10 FT TH N 00-30-26 E 58.83 FT TO S BNDRY SD DLC TH S 89-44-28 E 68.95 FT TO PT 187.12 FT W OF E LN SEC 25 TH N 00-35-50 E PLL TO SO E LN 366.65 FT MR.TO S MGN S 259TH ST TH E ALG S MGN 102.13 FT MIL TO PT 85.00 FT W OF E LN SEC 25 TH S 00-35-50 W 367.42 FT TO S LN SD DLC TH S 89-44-28 E ALG S LN 25.14 FT TO TPOB. ATTACHMENT A Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1 SUBJECT: 2002 BUDGET AMENDMENT ORDINANCE—ADOPT 2. SUMMARY STATEMENT: Adoption of an ordinance approving adjustments made between July 1, 2002 and December 31, 2002 totaling $21,163,936; approving a line of credit in an amount not to exceed $200,000 to the housing and community development fund, and approving a three-year short term cash flow loan not to exceed $450,000 from the Equipment Rental Fund to the Riverbend Golf Complex with interest to be paid at the state pool rate. This technical housekeeping ordinance is for adjustments made between July 1, 2002 and December 31, 2002 totaling $21,163,936 and also a line of credit in an amount not to exceed $200,000 to cover housing and community development costs at year-end until they are reimbursed by King County and a three-year short-term loan not to exceed $450,000 from the Equipment Rental Fund to the Riverbend Golf Complex to cover winter and spring expenditures, with interest to be paid at the state pool rate. 3. EXHIBITS: Memo from Finance Director Miller and ordinance 4 RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION Council Agenda Item No. 6Q 4400 KENT W•SNINOT ON DATE November 22, 2002 FINANCE May Miller TO- Operations Committee Director Phone 253-856.5260 FROM May Miller\ ,p � Fax 253-856-6255 Q SUBJECT Budget Adjustment Ordinance for Adjustments between 220 Fourth Ave S July 1,2002 and December 31,2002 Kent,WA 98032-5895 Authorization is requested to approve the gross budget adjustment ordinance totaling $21,163,936 for budget adjustments made between July 1, 2002 and December 31, 2002 The net amount, excluding transfers and internal service changes, is $19,379,235 This ordinance is primarily a housekeeping adjustment, consolidating individual budget items into one adjusting ordinance Please note that $18,415,077 was previously approved by Council as reflected in the Council minutes These were primarily for projects The major amounts include $20,000,000 for the Tacoma Interne loan and related transfers, and a reduction of $1,072,254 as an adjustment to the 272nd Corridor mitigation budget as approved in SEPA ordinance 2494 Other adjustments include correction of debt service per actual schedules, adjustment of bond projects per actual net bond receipts, reductions of project budgets to available revenue, allocation of FEMA reimbursement funds and other adjustments as previously approved The difference of$2,748,859 that was not previously approved by Council needs to be approved to be in compliance with the State Auditor's requirements Some of the amount not previously approved are project related The primary amounts include adjustments to the self insurance funds to reflect escalating claims costs $60,000, for unemployment, $225,077 for worker's compensation, $1,220,000 for health insurance and $23,111 for property damage Rates have been increased in the 2003 budget to cover the higher claims trend Other major adjustments include transfers of $250,000 from capital improvement, $250,000 from fleet services and $300,000 from facilities to the General Fund to help offset the revenue shortfall for the 2003 beginning fund balance These transfers were presented as part of the initial balancing of the 2003 Preliminary Budget Other not previously approved budgets are • $150,000 to reflect a change in the accounting of Senior Trips, moving the expenditure from a contra-revenue line to expenditures The increased expenditure is offset exactly by increased revenue • $120,671 to allocate additional revenue received to the appropriate projects • $150,000 for fleet operating expenditures per current expense trends TO Operations Committee -2- December 4,2001 The attached summary shows 2002 adjustments from July I to December 31, 2002 The following pages show a detailed listing of these adjustments by fund, including council authorization dates for the amounts previously approved In addition to the budget adjustments, a short term loan from the General Fund in an amount not to exceed $200,000 is needed for housing and community development funds to cover year-end expenditures until King County reimburses the amount Additionally, establish a short-term three year loan from the Equipment Rental Fund to the Riverbend Golf Complex in an amount not to exceed$450,000 00 to cover cash flow for winter and spring expenditures Interest to be paid at the state pool rate. COUNCIL ACTION Approve the technical budget adjustment ordinance for adjustments made between July 1,2002 and December 31, 2002 totaling$21,163,936 Approve a short term loan from the General Fund in an amount not to exceed $200,000 to cover housing and community development costs at year-end until they are reimbursed by King County Establish a three year loan from the Equipment Rental Fund to the Riverbend Golf Complex in an amount not to exceed $450,000 00 to cover cash flow for winter and spring expenditures with interest to be paid at state pool rate City of Kent Budget Adjustment Ordinance Adjustments July 1,2002 to December 31,2002 Exhibit A Fund Adjustment Title Ordinance 001 General Fund (140,637) 110 Street Fund 295,057 130 Lodging Tax Fund 14,060 150 Capital Improvement Fund (140,059) 160 Criminal Justice Fund 312,479 180 Community Development Block Grants 16,213 220 Counalmanic Debt Service Fund 31,687 310 Street Capital Projects Fund 161,458 320 Park Capital Projects Fund 580,287 330 Other Capital Projects Fund (1,039,600) 340 Technology Capital Projects 25,000 350 Facilities Capital Projects 43,413 410 Water Fund 18,702,513 440 Sewerage Fund 3,784 510 Fleet Service Fund 469,672 520 Central Services Fund 35 540 Facilities Fund 300,386 560 Insurance Fund 1,528,188 Total Gross Budget Change 21,163,936 Less. Internal Service Funds 160,000 Other Transfers 494,082 Internal Transfers 1,130,619 Subtotal 1,784,701 Total Net Budget Change 19,379,235 City of Kent General Fund Budget Adjustments July 1,2002• December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 64,678,862 1st Half Budget Adjustments (981,067) 63,697,795 Adjustments to Expenditures Previously Approved in Prior Year or Other Fund 1996 Earthquake reimbursement 11,274 110 Engineering services reallocated to Street Fund (317,411) Previously Approved by Council 9/17/2002 King County Operating Arts Grant 12,000 11/19/2002 King County Special Activities Arts Grant 3,500 Not Previously Approved by Council Tech adjustment-accounting change for recording of senior trips 150,000 to record as expense (not contra revenue) Total Adjustments to Expenditures (140,637) Total Adjusted Expenditures 63,657,158 . Sources of Funding #3585 2002 Budget Ordinance Revenues 62,008,442 Beginning Fund Balance 8,091,435 Ending Fund Balance (5,421,015) 1 st Half Budget Adjustments (981,067) 63,697,795 Adjustments to Sources Ending Fund Balance (1,116,998) FEMA Disaster Relief 9,310 WA State Disaster Releif 1,551 Senior Trip Contra Revenue 150,000 King County Arts Grant 15,500 Operating Transfers in 800,000 Total Adjustments to Sources (140,637) Total Adjusted Sources of Funding 63,557,158 I • City of Kent Street Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2Do2 Budget Ordinance Expenditures 4,930,974 Carryover budget reclassified. From Other Operating Projects Fund 323,697 From Street Capital Projects Fund 1,148,221 2002 budgets reclassified From Other Operating Projects Fund 285,000 From Street Capital Projects Fund 158,000 1 st Half Budget Adjustments (806,396) 6,845,892 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund Reduce Kent Shuttle to available funding (35,975) Adjust estimated debt payments to actual per schedule 89,144 Engineering services reallocated to Street Fund 317,411 Adjust parking garage debt payment for portion allocated to other fund (75,523) Total Adjustments to Expenditures 295,057 Total Adjusted Expenditures 7,140,949 . Sources of Funding #3585 2002 Budget Ordinance Revenues 4,993,734 Beginning Fund Balance 637,447 Ending Fund Balance (700,207) Carryover budget-revenue Reclassification of carryover budgets from Other Operating Projects Fund 290,000 Reclassification of carryover budgets from Street Capital Projects Fund 1,125,763 Beginning Fund Balance 56,155 2002 budgets reclassified From Other Operating Projects Fund 285,000 From Street Capital Projects Fund 158,000 1st Half Budget Adjustments (806,396) 6,845,892 Adjustments to Sources Beginning Fund Balance (35,975) Ending Fund Balance 331,032 Total Adjustments to Sources 295,057 Total Adjusted Sources of Funding 7,140,949 City of Kent Lodging Tax Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 145,000 Carryover budget reclassified: From Other Operating Projects Fund 119,000 2002 budget reclassified From Other Operating Projects Fund 60,000 1st Half Budget Adjustments 18,652 342,652 Previously Approved by Council 7/16/2002 Adjust estimated Chamber contract 14,060 Total Adjustments to Expenditures 14,060 Total Adjusted Expenditures 356,712 Sources of Funding #3585 2002 Budget Ordinance Revenues 108,774 Beginning Fund Balance 43,592 Ending Fund Balance (7,366) Carryover budget- Revenue Reclassified From Other Operating Projects Fund 55,000 . 2002 budget reclassified From Other Operating Projects Fund-beginning fund balance 103,143 From Other Operating Projects Fund-ending fund balance (39,143) From Other Operating Projects Fund- revenue 60,000 1 st Half Budget Adjustments 18,652 342,652 Adjustments to Sources Internal Transfer 6,530 Ending Fund Balance 7,530 Total Adjustments to Sources 14,060 Total Adjusted Sources of Funding 356,712 City of Kent Capital Improvements Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 10,488,668 Carryover budget Reclassified from other funds From Other Operating Projects Fund 1,699,629 From Other Capital Projects Fund 57,500 2002 budget reclassified From Other Operating Projects Fund 240,376 From Other Capital Projects Fund 215,000 1st Half Budget Adjustments 265,031 12,966,204 Previously Approved in Prior Year or Other Fund Reduce PDA subsidy (15,000) Adjust estimated debt payments to actual per schedules 112,086 Adjust debt service charges per schedule (334,143) Adjust parking garage debt payment for portion allocated from other fund 75,523 Transfer unused project funds to ending fund balance (239,525) Technical adjustment to Police projects 11,000 Not Previously Approved by Council Transfer to General Fund portion of CIP sales tax revenue 250,000 Total Adjustments to Expenditures (140,059) Total Adjusted Expenditures 12,826,145 Sources of Funding #3585 2002 Budget Ordinance Revenues 8,544,088 Beginning Fund Balance 2,615.739 Ending Fund Balance (671,159) Carryover budget reclassified From Other Operating Projects Fund 1,656,865 From Other Capital Projects Fund 57,500 From Other Operating Projects Fund-beginning fund balance 42,764 2002 budget reclassified From Other Operating Projects Fund 240,376 From Other Capital Projects Fund 215,000 1st Half Budget Adjustments 265,031 12,966,204 Adjustments to Sources Ending Fund Balance (140,059) Total Adjustments to Sources (140,059) Total Adjusted Sources of Funding 12,826,145 City of Kent Criminal Justice Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 2,711,942 Internal Transfers 234,257 Carryover budget 6,016.335 Reclassified from Other Capital Projects Fund 25,000 let Halt Budget Adjustments 33,16E 9,020,702 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund Cancel LEEP grant (26,528) CJ Wireless to Tech Plan II 25,000 Adjust budget cut ordinance allocation to projects from CIP 11,000 VNET manager to KPD employee 26,308 Previously Approved by Council 07/02/02 1st yr COPS grant 97,987 09/03/02 Additional RUAD cinema advertising 8,300 07/16/02 2yr Tobacco Grant 20,000 11/12/02 WTSC appr 11/19/02 4,000 7/16/02 11/19/02 Two year LLEBG grant 85,212 11/19/02 Reduce underage drinking grant 60,200 Not Previously Approved by Council WTSC mini grant 1,000 Total Adjustments to Expenditures 312,479 > Total Adjusted Expenditures 9,333,181 Sources of Funding #3585 2002 Budget Ordinance Revenues 2,307,865 Beginning Fund Balance 1,258,171 Ending Fund Balance (854,094) Internal transfers 234,257 Carryover budget 6,361,902 Beginning Fund Balance 556,947 Ending Fund Balance (902,514) Reclassified from Other Capital Projects Fund 25,000 1st Half Budget Adjustments 33,168 9,020,702 Adjustments to Sources Beginning Fund Balance 16,145 Ending Fund Balance 32,601 Interest Income 1,600 Transfers in 34,746 DASA Under-age Drinking Prevention 60,200 WSLCB Under-age Drinking Prevention 34,608 DOJ Block Grant 68,410 DOJ COPS for Schools 65,697 Drinking Driver Countermeasures 5,000 Community Trade&Economic Development (26,528) Social&Human Services-ATOD 20,000 Total Adjustments to Sources 312,479 Total Adjusted Sources of Funding 9,333,181 City of Kent Community Development Block Grant Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 615,671 Carryover budget 2,683,268 Reclassified from other funds From Other Operating Projects Fund 361,280 From Parks Capital Projects Fund 125,000 1st Half Budget Adjustments 125,000 3,910,219 Previously Approved in Prior Year or Other Fund Adjust for Federal Grant reduction -CDBG (8,787) Previously Approved by Council 11/19/2002 Increase Auburn home repair program 25,000 Total Adjustments to Expenditures 16,213 Total Adjusted Expenditures 3,926,432 Sources of Funding #3585 2002 Budget Ordinance Revenues 615,671 Carryover budget- revenue 2,683,268 Reclassified from other funds From Other Operating Projects Fund 361280 From Parks Capital Projects Fund 125:000 1 st Half Budget Adjustments 125,000 3,910,219 Adjustments to Sources Intergovernmental revenue-Auburn 25,000 CDBG (8,787) Total Adjustments to Sources 16,213 Total Adjusted Sources of Funding 3,926,432 City of Kent Councilmanic Debt Service Fund Budget Adjustments July 1,2002- December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 7,297,236 #3593 Budget Adjustment Ordinance 7,297,236 Previously Approved by Council in Prior Year or Other Fund Adjust estimated bond payments to actual per schedule 31,687 Total Adjustments to Expenditures 31,687 Total Adjusted Expenditures 7,328,923 Sources of Funding #3585 2002 Budget Ordinance Revenues 7,297,236 #3593 Budget Adjustment Ordinance Beginning Fund Balance Ending Fund Balance Total 2002 Budget Ordinance Sources 7,297,236 Adjustments to Sources Operating transfers in 31,687 Total Adjustments to Sources 31,687 Total Adjusted Sources of Funding 7,328,923 City of Kent Street Capital Projects Budget Adjustments July 1,2002-December 31,2002 • Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 7,526,000 Carryover budget 128,851,311 Reclassified to or from other funds To Street Fund (1,148,221) From Other Operating Projects Fund 28,790 2002 Budget reclassified To Street Fund (158,000) From Other Operating Projects Fund 10,000 1st Half Budget Adjustments 3,116,274 Total Original 2002 Budget 138,226,154 Adjustments to Expenditures Previously Approved by Council 9/3/2002 SR167 northbound ramps 78,114 8/20/2002 KC Supplemental aggreement#5-272nd 20,000 Previously Approved by Council in Prior Year or Other Fund 1996 FEMA earthquake damage reimbursement 30,588 Record project expenditures when bond proceeds received 800,000 SEPA#2494 Adjust estimated mitigation payments-272nd corridor (767,244) Total Adjustments to Expenditures 161,458 Total Adjusted Expenditures 138,387,612 Sources of Funding #3585 2002 Budget Ordinance Revenues 7,526,000 Carryover budget-revenue 126,895,461 Reclassified To Street Fund (1,125,763) From Other Operating Projects Fund 28,790 Beginning Fund Balance 1,936,139 Ending Fund Balance (2,747) 2002 Budget Reclassified To Street Fund (158,000) From Other Operating Projects Fund 10,000 1st Half Budget Adjustments '3,116,274 Total 2002 Budget Ordinance Sources 138,226,154 Adjustments to Sources King County Grant 20,000 Contributions (767,244) General street grant 78,114 FEMA Disaster Relief 26,218 WA State Disaster Relief 4,370 GO Bond Proceeds 800,000 Total Adjustments to Sources 161,458 Total Adjusted Sources of Funding 138,387,612 City of Kent Parks Capital Projects Fund Budget Adjustments July 1,2002-December 31,2002 Authorization • Expenditures #3585 2002 Budget Ordinance Expenditures 5.263,640 Carryover budget 24,222,139 Reclassified To Community Development Block Grant Fund (125,000) fat Hall Budget Adjustments 2,255,739 31,616,518 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund Adjust estimated sales price of Austin property (12,250) Reverse grant project-not received (50,000) Adjust estimated contributions budget (4,300) Adjust estimated Clark Lake debt payments 353,125 Previously Approved by Council 7/16/02 10/15/02 Allocate fee-in-lieu revenue to projects 147,384 11/19/02 National Wildlife Grant 30,000 06/04/02 Washington State Natural Resouces grant 5,098 7/16102 6/4/02 Allocate donations to projects 5,500 Not Previously Approved by Council Estimate Kiawarxs donation 2,D00 Allocate additional revenue received to Clasen property 20,659 Allocate fee-m-lieu revenue to projects-est 4th qtr 74,704 Allocate additional mrsc revenue to projects 81367 Total Adjustments to Expenditures 680,287 Total Adjusted Expenditures 32,196,805 Sources of Funding #3585 2002 Budget Ordinance Revenues 5,263,640 Carryover Budget-revenue 22,556,041 To Community Development Block Grant Fund (125,000) Beginning Fund Balance 1,661,839 Ending Fund Balance 4,259 1st Ha8 Budget Adjustments 2,255,739 Total 2002 Budget Ordinance Sources 31,616,518 Adjustments to Sources Fee-m-lieu 111,044 Interest income 18,392 General contributions 1,200 Other donations 2,000 LAC Grant 383 King County Grant 30,000 Other state agencies 5,098 Sale of land (12,250) Sale of maps 518 Proceeds interfund loan 353,125 Operating transfers in 70,M Total Adjustments to Sources 580,287 Total Adjusted Sources of Funding 32,196,805 City of Kent Other Capital Projects Fund *AuthorizationBudget Adjustments July 1,2002-December 31,2002 Expenditures #3585 2002 Budget Ordinance Expenditures 3,140,000 Carryover budget reclassified 52,429,887 To Capital Improvement Fund (57,500) To Criminal Justice Fund (25,000) From Other Operating Projects Fund 25,000 2002 budget reclassified To Capital Improvement Fund (215,000) 1st Half Budget Adjustments 22,565,691 77,863,078 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund Return project funds to CIP Fund (160,000) Adjust debt charges per schedule (164,600) Previously Approved by Council this Year 6/14/2002 Reallocate bond proceeds to project in other fund (715,000) Total Adjustments to Expenditures (1,039,600) Total Adjusted Expenditures 76,823,478 Sources of Funding #3585 2002 Budget Ordinance Revenues 3,140,000 Reclassification of projects to other funds Carryover Budget-revenue 52,323,830 To Capital Improvement Fund (57,500) From Other Operating Projects Fund 25,000 To Criminal Justice Fund (25,000) 2002 budget reclassified To Capital Improvement Fund (215,000) Beginning Fund Balance 106,057 1st Half Budget Adjustments 22,565,691 77,863,078 Adjustments to Sources Bond proceeds (715,000) Operating transfers in (1,124,600) Proceeds-sale of land 800,000 Total Adjustments to Sources (1,039,600) Total Adjusted Sources of Funding 76,823,478 • City of Kent Technology Capital Projects Fund Budget Adjustments July 1,2002-December 31,2002 • Authorization Expenditures #3585 2002 Budget Ordinance Expenditures Carryover budget Reclassified from Central Services Fund 15,441,718 2002 Budget Reclassified from Central Services Fund 2,740,000 Total Original 2002 Budget 18,181,718 Adjustments to Expenditures Approved by Council in Prior Year or Other Fund Technical adjustment to record CJ Wireless in Tech Plan project 25,000 Total Adjustments to Expenditures 25,000 Total Adjusted Expenditures 18,206,718 Sources of Funding #3585 2002 Budget Ordinance Revenues Carryover budget Reclassified from Central Services Fund 15,441,718 2002 Budget Reclassified from Central Services Fund 2,740,000 Total 2002 Budget Ordinance Sources 18,181,718 Adjustments to Sources Operating transfers in 25,000 Total Adjustments to Sources 25,000 Total Adjusted Sources of Funding 18,206,718 • City of Kent Facilities Capital Projects Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures 2002 Budget Ordinance Expenditures Carryover budget Reclassified from Facilities Capital Projects Fund 14,133,761 1st Half Budget Adjustments 209,408 14,343,169 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund Technical adjustment to move camed-over funds to expense line 29,858 Not Previously Approved by Council Allocate additional revenue received to project 13,555 Total Adjustments to Expenditures 43,413 Total Adjusted Expenditures 14,386,582 Sources of Funding Carryover budget Reclassified from Facilities Capital Projects Fund-revenue 14,080,864 Beginning Fund Balance Reclassified from Facilities Capital Projects Fund 82,755 Ending Fund Balance (29,858) is 1st Half Budget Adjustments 209,408 14,343,169 Adjustments to Sources Ending Fund Balance 29,858 Sale of land 5,185 Interest income 6,817 Sale of maps 558 Operating transfers in 995 Total Adjustments to Sources 43,413 Total Adjusted Sources of Funding 14,386,582 City of Kent Water Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 9,589,921 Internal Transfers 3,006,753 Carryover budget 23,596,064 1st Half Budget Adjustments 504,951 36,697,689 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund 4/3/2001 Record trust fund loan for Tacoma Pipeline 10,000,000 Adjust estimated interest charges per schedule (334,143) Adjust estimated debt payments-Tacoma pipeline- per schedule (963,344) Previously Approved by Council 3/5/2002 Record trust fund loan for Tacoma Pipeline 10,000,000 Total Adjustments to Expenditures 18,702,513 Total Adjusted Expenditures 55,400,202 Sources of Funding #3585 2002 Budget Ordinance Revenues 8,838,764 Internal Transfers 3,O06,753 Beginning Fund Balance 3,207.184 Ending Fund Balance (2,456,027) Carryover Budget 21,659,308 Beginning Fund Balance 1,936,756 1st Half Budget Adjustments 504,951 36,697,689 Adjustments to Sources Ending Fund Balance (481,672) Intergovernmental loan proceeds 20,000,000 Internal Transfers (481,672) Interest income-interfund (334,143) Total Adjustments to Sources 18,702,513 Total Adjusted Sources of Funding 55,400,202 City of Kent Sewerage Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 24,030,931 Internal Transfers 3,908,392 Carryover budget 49,031,379 1 st Half Budget Adjustments 2,671,238 79,641,940 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund SEPA#2494 Allocate mitigation payments collected 3,784 Total Adjustments to Expenditures 3,784 Total Adjusted Expenditures 79,645,724 Sources of Funding # 3585 2002 Budget Ordinance Revenues 24,120,958 Internal Transfers 3,908,392 Beginning Fund Balance 1,345,057 Ending Fund Balance (1,435,084) Carryover Budget 42,081,079 Beginning Fund Balance 6,950,300 1st Half Budget Adjustments 2,671,238 79,641,940 Adjustments to Sources Contributions 3,784 Total Adjustments to Sources 3,784 Total Adjusted Sources of Funding 79,645,724 City of Kent Equipment Rental Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 2,769,602 Carryover budget 189,000 1st Half Budget Adjustments (32,255) 2,926,347 Previously Approved by Council In Prior Year or Other Fund Carryover purchase of equipment from 2001 to 2002 69,672 Not Previously Approved by Council Adjust estimated supplies expense-per current trend 150,000 Transfer to General Fund 250,000 Total Adjustments to Expenditures 469,672 Total Adjusted Expenditures 3,396,019 Sources of Funding #3585 2002 Budget Ordinance Revenues 2,657,533 Beginning Fund Balance 3,238,198 Ending Fund Balance (3,126,129) Carryover Budget 177,000 Beginning Fund Balance 12,000 1sl Half Budget Adjustments (32,255) 2,926,347 Adjustments to Sources Ending Fund Balance 469,672 Total Adjustments to Sources 469,672 Total Adjusted Sources of Funding 3,396,019 City of Kent Central Services Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 7,387,610 Carryover budget 15,441,718 Reclassification of carryover budgets to Technology Capital Projects Fund (15,441,718) 1st Half Budget Adjustments (127,300) 7,260,310 Adjustments to Expenditures Previously Approved by Council in Prior Year or Other Fund 1996 Earthquake expense reimbursement 35 Not Previously Approved by Council Total Adjustments to Expenditures 35 Total Adjusted Expenditures 7,260,345 Sources of Funding #3585 2002 Budget Ordinance Revenues 7,373,212 Carryover Budget- revenue 15,441,718 Reclassification of carryover budgets to Technology Capital Projects Fund (15,441,718) Beginning Fund Balance 89,935 Ending Fund Balance (75,537) 1st Half Budget Adjustments (127,300) 7,260,310 Adjustments to Sources FEMA Disaster Relief 35 Total Adjustments to Sources 35 Total Adjusted Sources of Funding 7,260,345 City of Kent Facilities Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 4,488,757 Carryover budget 17,338,634 Reclassified to Facilities Capital Projects Fund (14,133,761) Reclassified to Golf Fund (174,889) 2002 budget reclassified to Golf Fund (45,000) 1 st Half Budget Adjustments (10,465) 7,463,276 Adjustments to Expenditures Not Previously Approved by Council Transfer to General Fund 300,000 Allocate additional revenue received 386 Total Adjustments to Expenditures 300,386 Total Adjusted Expenditures 7,763,662 Sources of Funding #3585 2002 Budget Ordinance Revenues 4,302,330 Beginning Fund Balance 279,172 Ending Fund Balance (92,745) 2002 budget reclassified to Golf Fund- revenue (45,000)� Carryover Budget-revenue 16,808,676 Reclassification of carryover budgets to Facilities Capital Projects Fund (14,080,864) Reclassification of carryover budgets to Golf Fund (174,889) Beginning Fund Balance 566,298 Reclassification of carryover budgets to Facilities Capital Projects Fund (82,755) Ending Fund Balance (6,482) 1 st Half Budget Adjustments (10,465) 7,463,276 Adjustments to Sources Ending Fund Balance 300,000 Sale of Maps 386 Total Adjustments to Sources 300,386 Total Adjusted Sources of Funding 7,763,662 City of Kent Insurance Fund Budget Adjustments July 1,2002-December 31,2002 Authorization Expenditures #3585 2002 Budget Ordinance Expenditures 8,686,545 8,886,545 Adjustments to Expenditures Not Previously Approved by Council Unemployment claims 60,000 Worker's comp claims 225,077 Health insurance claims per trend 1,220,000 Property insurance claims 23,111 Total Adjustments to Expenditures 1,528,188 Total Original 2002 Budget 10,414,733 Sources of Funding # 3585 2002 Budget Ordinance Revenues 9,314,897 Budget Adjustment Ordinance Beginning Fund Balance 1,704,024 Ending Fund Balance (2,132,376) Total 2001 Budget Ordinance Sources of Revenue 8,886,545 Adjustments to Sources Ending Fund Balance 1,368,188 Blue Cross -City portion 160,000 Total Adjustments to Sources 1,528,188 Total Adjusted Sources of Funding 10,414,733 ORDINANCE NO. I, I' AN ORDINANCE of the city of Kent, Washington, amending the 2002 Budget for adjustments made between July 1, 2002, and December 31, 2002, and authorizing a short term loan from the General Fund to the Housing and Community Development Fund (CDBG) to cover year-end expenditures and further authorizing a short-term loan from the Equipment Rental Fund to the Riverbend Golf Complex to cover winter and spring operating expenditures THE CITY COUNCIL OF THE CITY OF KEhTf, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS SECTION I — Budget Adtustments The 2002 city budget is hereby • amended to include budget fund adjustments as summarized and set forth in Exhibit "A," which is incorporated in this ordinance by reference as if fully set forth herein SECTION 2. — Housing & Community Development Fund— Shoi t Term Loan. There is hereby established, as part of the 2002 budget, a short-term loan from the General Fund to the Housing and Community Development Fund (CDBG) in an amount not to exceed $200,000 to cover year-end expenditures The funds may only be used as needed. SECTION 3. —Riverbend Golf Course—Short Term Loan A short-term ithree (3) year loan is established from the Equipment Rental Fund to the Riverbend Golf Complex in an amount not to exceed $450,000 to cover cash flow for winter and spring I expenditures. Interest will be paid at the monthly state pool rate 1 2002-Budget Adjustment- . Second Half SECTION 4. - Severabikty If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent I Ilunsdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance SECTION 5. - Effective Date This ordinance shall take effect and be in I force five(5)days from and after its passage, approval and publication as provided by law I i i I , JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM ,.TOMBRUBAKER, CITY ATTORNEY I I I� I� I j j 2 2002-Budget Adjustment- Second Half PASSED: day of December, 2002. APPROVED: day of December, 2002 I PUBLISHED day of December, 2002 I hereby certify that this is a true copy of Ordinance No passed by the city council of the city of Kent, Washington, and approved by the mayor of the city it of Kent as hereon indicated i (SEAL) BRENDA JACOBER, CITY CLERK P\CMh dl=mBudge"dju tm [2M..n0 doc I i I i 3 1002-Budget Adjustment- • Second Half City of Kent Budget Adjustment Ordinance Adjustments July 1,2002 to December 31,2002 Exhibit A Fund Adjustment Title Ordinance 001 General Fund (140,637) 110 Street Fund 295,057 130 Lodging Tax Fund 14,060 150 Capital Improvement Fund (140,059) 160 Criminal Justice Fund 312,479 180 Community Development Block Grants 16,213 220 Councdmanic Debt Service Fund 31,687 310 Street Capital Projects Fund 161,458 320 Park Capital Projects Fund 580,287 330 Other Capital Projects Fund (1,039,600) 340 Technology Capital Projects 25,000 350 Facilities Capital Projects 43,413 410 Water Fund 18,702,513 440 Sewerage Fund 3,784 510 Fleet Service Fund 469,672 520 Central Services Fund 35 540 Facilities Fund 300,386 560 Insurance Fund 1,528,188 Total Gross Budget Change 21,163,936 Less Internal Service Funds 160,000 Other Transfers 494,082 Internal Transfers 1,130,619 Subtotal 1,784,701 Total Net Budget Change 19,379,235 Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: 98TH AVENUE SOUTH WIDENING—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 98th Avenue South Widening project as complete and release retainage to R. W. Scott Construction upon standard releases from the state and release of any liens The original contract amount was $417,861.70 The final contract amount is $352,252.45. 3. EXHIBITS: None 4 RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No. 6R Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: KENT-MERIDIAN HIGH SCHOOL SIDEWALK—ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Kent-Mendian High School Sidewalk project as complete and release retamage to R W. Scott Construction upon standard releases from the state and release of any liens The original contract amount was $309,202.60. The final contract amount is $269,795.32. 3 EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALlPERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION- ACTION Council Agenda Item No. 6S Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: DOVER COURT TOWNHOMES BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Dover Court Townhomes submitted by Nigel Southey for continuous operation and maintenance of 150 feet of street improvements and 8 feet of storm sewers. Bonds are to be released after the maintenance period. This project is located at 10522 SE 264th Street. 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCALlPERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No 6T 3 x Y J Q 3 N S S �O a z �PGFQ CN S 216TH ST F S 16TH ST / WN > a. Ul Q ro N Z S 222 � a U S 228TH ST S 234TH T F KENT DES w �{ J� �Q > GR N PROJE T LOCATI MITH T a MEEK S s z a N 3 R DOVER COURT TOWNHOMES s 9 3 0 v Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: KENT TACO TIME BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Kent Taco Time submitted by John D. Hanna and Joan M. Hanna for continuous operation and maintenance of 85 feet of watermain. Bonds are to be released after the maintenance period. This project is located at 1302 W. Meeker Street. 3. EXHIBITS: Map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No. 6U N F� / N00 n = Z fD m S 22 lid a N CL U 2 f0 N 2 H KE�1( DES w S 234TH T �yF Q)� ST F o s GR N PROJ CT N SMITH T LOCA a ME S s,� o rn z z / N LU j r J a K. FENWICK a 3 a / J Q i U N 0 I / i E KENT TACO TIME a u u Kent City Council Meeting Date December 10, 2002 Category Consent Calendar 1. SUBJECT: PUBLIC DEFENSE SERVICES AGREEMENT— AUTHORIZATION 2. SUMMARY STATEMENT: Authorization for the Mayor to execute a one year term Agreement with Stewart Beall & MacNichols, P.S., for public defense services in the amount of$264,000.00 per year, plus related costs incurred for appeals. The law firm of Stewart Beall & MacNichols, P.S. currently contracts with the city to provide legal services to indigent defendants in the city of Kent. The Agreement between the city and Stewart Beall & MacNichols expires on December 31, 2002. Stewart Beall & MacNichols has provided services to the city for approximately 8 years. The proposed contract is for a one year tern, which would commence on January 1, 2003 and expire on December 31, 2003, and the compensation paid under the Agreement would remain unchanged from that charged in 2002. . 3. EXHIBITS: Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS. 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6V AGREEMENT FOR PUBLIC DEFENSE SERVICES THIS AGREEMENT is entered into by and between the CITY OF KENT, a Washington municipal corporation, hereinafter referred to as "City," and STEWART BEALL &MacNICHOLS,P.S., a Washington professional services corporation,hereinafter referred to as "Attorney." In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows- 1 Scope of Services The Attorney agrees to provide public defender services for indigent criminal defendants charged with criminal violations of the Kent City Code ("KCC"), as set forth in this Agreement. All indigent criminal defendants charged with committing a criminal offense under the KCC who qualify for appointed counsel, whether they are screened or appointed by the court, shall be referred to the Attorney The Attorney shall enter a Notice of Appearance and provide legal representation for each of these defendants from the time of receiving notice or an order of appointment through arraignment, if appropriate,pretrial hearings, trial, sentencing,review hearings, revocation hearings, and appeals, unless and until the Attorney is permitted to withdraw by the court 2 Number of Attorneys The Attorney will provide an adequate number of defense counsel to efficiently manage each court calendar in a manner that avoids unnecessary delay in completing the calendar The Attorney shall ensure that multiple defense counsel are present whenever the court's caseload necessitates the presence of more than one attorney to effectively and efficiently manage the calendar. As a guideline, the Attorney shall endeavor to meet the following levels of representation for all court calendars a. Less than ten (10) assigned defendants, one (1) attorney shall be present; b Ten (10) to twenty-five (25) assigned defendants, two (2) attorneys shall be present, and C. Twenty-five (25) assigned defendants or more, three (3) attorneys shall be present AGREEMENT FOR PUBLIC DEFENSE SERVICES- I (Januaryl 2003-December3i 2003) Sufficient counsel shall be provided to represent defendants during the vacation and illness of attorneys and calendars that occur simultaneously in more than one courtroom. 3 Defendant's Access to Attorney. The Attorney shall be available to clients represented by the Attorney to ensure that clients are provided with the assistance of their attorney as required by state and federal law. The parties agree that client access to the Attorney prior to appearance in court is paramount. Criminal defendants represented by the Attorney shall be provided access to the Attorney by means of a toll-free local call from a Kent telephone number made available by the Attorney. The Attorney currently maintains offices at 655 W. Smith Street, Suite 210, Kent,Washington, and will, at all times during the term of this Agreement,maintain an office at such location or in South King County at such a location as to facilitate client access for purposes of providing the services required herein The Attorney shall meet with all in-custody clients at the Kent Corrections Facility ("KCF")within 48 hours of notification of appointment, excluding weekends and holidays The Attorney will appear at the KCF to consult with clients as necessary. In addition to regularly scheduled court hearings held at the KFC, a representative of the Attorney shall, at a minimum, appear at the KCF at least two times each week for a minimum of one hour per visit to meet with incarcerated clients and respond to requests submitted by such clients Clients that are incarcerated in the KCF who wish to call the Attorney may, during predetermined times designated by the Attorney, call the Attorney's toll-free telephone number to either leave a message with the Attorney or speak with the Attorney. The Attorney shall see all in-custody clients at the King County Regional Justice Center within a reasonable period of time following notice of appointment and further shall see such clients in follow-up meetings as necessary 4 Applicant Screenme Determinations of mdigency for purposes of eligibility for appointed counsel under this Agreement shall be made by an independent screening process established by the court and by direct appointments from the court Such appointment shall be in accordance with state taw Should the Attorney determine a defendant is not eligible for assigned counsel prior to the establishment of the attomey/chent AGREEMENT FOR PUBLIC DEFENSE SERVICES-2 (January 1,2003-December3l,2003) relationship,the Attorney shall promptly advise the court to reconsider the eligibility of that defendant. The court's determination of mdigency shall be final and binding upon Attorney. 5. 24-Hour Telephone Access The Attorney shall provide to the City's police department the telephone number or numbers at which the Attorney can be reached twenty- four hours each day for "critical stage" advice to defendants during the course of police investigations and/or arrest. Such telephone numbers shall be serviced by a telephone paging device or other similar monitoring method so that direct contact can be made with an attorney at any time of the day or night, seven days a week 6 Associated Counsel. Any counsel associated with or employed by the Attorney shall have the authority and qualifications to perform the services called for herein, and the Attorney may employ and/or associate counsel to assist the Attorney at the Attorney's expense. The Attorney and all counsel employed or associated pursuant to this section shall be admitted to the practice of law in the state of Washington and be in good standing as such, pursuant to the rules of the Supreme Court of the State of Washington The Attorney shall be responsible for performance of this Agreement, notwithstanding that other counsel may be employed or associated by the Attorney to perform services hereunder. The Attorney shall actively supervise associated and employed counsel throughout the term of this Agreement, and any renewals hereof, to ensure that all cases are promptly and effectively handled from the time of appointment until conclusion of the Attorney's representation of the client. The Attorney shall notify the City of any proposed association or employment of counsel for purposes of performing the services called for herein, and shall include in such notification information regarding the background, education, training, experience, and qualifications of such counsel and any additional training and supervision that is proposed to be provided to such associated or employed counsel for purposes of performing the services called for herein. The Attorney shall be responsible for providing all such training and/or supervision at the Attorney's sole cost and expense AGREEMENT FOR PUBLIC DEFENSE SERVICES-3 (January] 2003-Derember3] 2003) No legal intern shall perform the services called for herein without the prior . approval of the City. 7. Term of this Agreement. This Agreement shall commence on the I"day of January, 2003,and shall be in force and effect through December 31, 2003,unless terminated earlier pursuant to the provisions hereof. 8. Proof of Professional Liability Insurance. The Attorney shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Attorney, its agents,representatives, and employees. Before beginning work on the project described in this Agreement,the Attorney shall provide a Certificate of Insurance evidencing. 1. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to- completed operations, employer's liability; and coverage for hired and non-owned motor vehicles, and 2. Professional Liability insurance with limits no less than$1,000,000 limit per occurrence 3. Automobile Liability insurance with limas no less than required by law In the event that the Attorney does not provide automobile insurance to its individual employees, the Attorney shall ensure that each of its employees carries automobile insurance to the above amounts at all times during the term of this Agreement Any payment of deductible or self-insured retention shall be the sole responsibility of the Attorney. All required policies shall be provided on an "occurrence"basis except professional liability insurance (if required), which shall be provided on a"claims-made"basis AGREEMENT FOR PUBLIC DEFENSE SERVICES-4 (January 1,2003-December 31 2003) The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Attorney and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Attorney's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Attorneys insurance shall be primary insurance as respects the City and the City shall be given thirty(30)days prior written notice by certified mail,return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, Mproof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 9 Indemnification The Attorney shall indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever ansmg out of the performance of the Attorney's obligations pursuant to this Agreement, including but not limited to claims ansmg out of the errors and omissions of the Attorney relating to the representation or lack of representation of clients, and/or by reason of accident, injury, or death caused to any persons or property of any kind occurring during the performance or lack thereof of the work required by this Agreement, or traveling to or from any place to perform the work required by this Agreement, except to the extent they are caused by the negligence of the City The failure of the Attorney to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit its indemnification or defense of the City This indemmfication section shall survive the expiration or termination of this Agreement AGREEMENT FOR PUBLIC DEFENSE SERVICES-5 (January) 2003-Deeember3/ 2003) 10. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement, the Attorney, or any person acting on behalf of such, shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Attorney shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 11. Compensation a. Payment for Services: The City shall pay the Attorney for services rendered under this Agreement as follows The City shall provide to Attorney for services rendered under this Agreement the sum of TWO HUNDRED SIXTY-FOUR THOUSAND AND NO1100 DOLLARS ($264,000 00) per year to be paid at the rate of TWENTY-TWO THOUSAND AND N01100 DOLLARS ($22,000.00)per month Attorney shall bill the City each month for services rendered herein In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Attorney's compensation hereunder shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination b Appeals. The Attorney shall handle appeals taken by indigent defendants, regardless of whether the Attorney represented said defendant at trial This service is to be included within the Scope of Services described in Section I of this Agreement and the Compensation provided for in Section 11(a) above c Miscellaneous Costs The City agrees to reimburse the Attorney for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. AGREEMENT FOR PUBLIC DEFENSE SERVICES-6 /+-.. y 0/104-Iz...mher311003) d. Billing The Attorney shall bill the City, in care of the City's human services office, on the first day of the month, or the first workday thereafter (i) for the monthly Installment set forth in subsection 11(a)above, and (ii) for all costs incurred by the Attorney under subsection I I(c) above for the previous month or months In addition to the reporting requirements of Section 17 of this Agreement,the Attorney shall submit with the monthly bill, a report that sets forth the number of cases to which the Attorney was appointed. The submission of the report with the monthly bill is a condition of payment under this Agreement The City shall make payments on or before the 201h day of the month following the month for which services were rendered with the first payment due February 20, 2003, provided,that any billing not received by the City's human services office on or before the fourth working day of the month shall not be due and payable until the City's next billing period 12 Discovery Provided. The City shall provide Attorney one (1) copy of all discoverable material concerning each assigned case 13 No Assignments or Subcontracts No assignment or transfer of this Agreement nor of any interest in this Agreement shall be made by either of the parties, without prior written consent, except that Attorney may assign this Agreement to another entity naming N. Scott Stewart as a partner without the prior written consent of the City 14 Attorney Conflict. In the event the representation of a defendant hereunder raises a conflict of interest such that the Attorney cannot represent the defendant, said defendant shall be promptly referred to the Kent Municipal Court for further assignment 15 Termination a. For Cause. The City or the Attorney may terminate this Agreement immediately in the event the other party breaches the Agreement and such breach is not AGREEMENT FOR PUBLIC DEFENSE SERVICES-7 (January l 2003—December3l 2003) corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. The failure of any party to comply with any term of this Agreement shall be in breach of this Agreement. b. For Reasons Beyond Control of Parties Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control such as but not limited to acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout, sabotage;or superior governmental regulation or control. c Without Cause. Either party for necessary budgetary reasons may terminate this Agreement. Termination shall be provided in writing and shall be effective ninety(90) days from receipt of written termination 16. Agreement Applicable to All Employees and Volunteers. The terms of this Agreement shall apply to all persons who are employed by, or who volunteer for, the Attorney, including but not limited to attorneys, intems, paralegals, office assistants, secretaries, and investigators 17. Resorts At the end of every quarter during the term of this Agreement, Attorney shall provide the City a full accounting of all cases assigned and all in-court appointments made during that three-month period, segregated for each month. These itemized quarterly reports to the City shall contain the number of cases to which the Attorney was appointed, a breakdown of the number and types of criminal charges to which the Attorney was appointed and a list of cases in which a notice of appeal was filed Such reports shall be submitted to the City within ten (10) calendar days from the end of each quarter The Attorney shall have the option of submitting monthly reports containing the same information in lieu of quarterly reports 18 Status of Attorney. This Agreement calls for the performance of the services of the Attorney as an independent contractor and Attorney will not be considered an AGREEMENT FOR PUBLIC DEFENSE SERVICES-8 (January],2003-December 31 1003) employee of the City for any purpose. The Attorney and/or its subcontractor(s) shall secure at Its own expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, worker's compensation, and all other payroll deductions for the Attorney and its officers, agents, and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. The Attorney shall be solely responsible for any and all claims or lawsuits filed against the Attorney by personnel employed by the Attorney related to the conditions or terms of employment by the Attorney, and the Attorney shall defend, indemnify,and hold harmless the City and its employees and officers from any such claims or lawsuits 19. Case Load Limits. The Attorney shall establish case load limits for attorneys assigned to perform services under this Agreement that ensure effective representation of each and every client 20. Compliance with Laws At all times, the Attorney shall comply with all applicable state, federal, and city laws and regulations, and all court rules,evidence rules,and all cannons and rules of professional conduct applicable to attorneys 21 Additional Services The Attorney maybe requested to perform additional services beyond the original scope of services as defined in section 1 of this Agreement Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. 22 Notices All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested in wntmg City of Kent Attorney Mayor N Scott Stewart City of Kent Stewart, Beall, and MacNrcols,P S 220 Fourth Ave S 655 W. Smith Street, Suite 210 Kent, WA 98032 Kent, WA 98032 AGREEMENT FOR PUBLIC DEFENSE SERVICES-9 (January l 2003-December 3l 2003) 23, Entire Agreement - Amendments This instrument contains the entire Agreement between the parties and may not be enlarged, modified, altered, or amended except in writings signed and endorsed by the parties. 24. Duplicate Originals. This Agreement is executed in duplicate originals. CITY OF KENT ATTORNEY Print Name Jim White rint Name: Title Mayor Title: Dated: Dated: IXf_7 In ATTEST: Brenda Jacober, City Clerk APPROVED AS TO FORM Tom Brubaker, City Attorney P C-MUMpoi;1u'OU16 EODId3W61epeEmsAgemvp 2W3 me AGREEMENT FOR PUBLIC DEFENSE SERVICES- 10 (January] 2003-December 31,2003) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding If any contractor,subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract, The questions are as follows I I have read the attached Cityof Kent administrative policy number 12 2. During the time of this contract I will not discnrunate in employment on the basis of sex, race,color,national origin, age,or the presence of all sensory,mental or physical disability 3 During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and mmonties 5 Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above Dated this day of Q!uALU.t�r 200 Z By. For. Title Date AGREEMENT FOR PUBLIC DEFENSE SERVICES- 11 (January 1,2003-Derember3l 1003) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY- Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1 Provide a written statement to all new employees and subcontractors indicating • commitment as an equal opportunity employer 2. Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. I Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines is AGREEMENT FOR PUBLIC DEFENSE SERVICES- 12 (January 1,2003-December 31 2003) i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contract for the contract known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Admimstrative Policy 12 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract. Dated this day of 200_ By For: Title Date P 4U\PtIx� 2N3 mt AGREEMENT FOR PUBLIC DEFENSE SERVICES- 13 (January 1,2003—December 31 2003) Kent City Council Meeting Date December 10, 2002 Category. Other Business 1. SUBJECT: 2002 PROPERTY TAX PERCENTAGE ADJUSTMENT FOR 2003 BUDGET ORDINANCE—ADOPT 2. SUMMARY STATEMENT: State law requires a separate ordinance or resolution in order to authorize any increase in property tax. This ordinance authorizes a I% increase of$206,321 in the property tax levy for the 2003 budget. This adjustment is in addition to increases resulting from the addition of new construction and improvements to property, and any increase in the value of state-assessed property, the refund fund levy,and annexed properties. 3. EXHIBITS: Worksheet and ordinance 4. RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember 9Lv moves, Councilmember seconds to adopt Ordinance No. 20 adopting a 1% increase of$206,321 over the 2002 property tax levy for the 2003 budget, in addition to increases from the new construction, improvements, increases in state assessed property, other adjustments and annexed properties. DISCUSSION: ACTION: C Council Agenda Item No. 7A D d 2003 PROPERTY TAX Option i Based on t Y. Revenue Regular levy increase: 2002 Regular Levy was 20,632,135 2003 Regular Levy Increase In dollars 206,321 (1% 0 $206,321) Increase as a percentage 1 00% Plus annexation,estimated effects of new construction,Improvements and Increases In the value of state assessed property 543,318 Other adjustments 101,989 Total regular tax levy 21,483,763 Levy for Voted Debt Obligations. 1,775,000 Total Levy request 23,258,763 Levy Rates: 2002 Q 1 0o%of (Decreasey Percent Revenue Increase General Fund Levy Rate 27210 26544 (0 0666) -2 4% Voted Issues Levy Rate 02340 02193 (0 0147) -6 3% Total Levy Rate 29550 28737 (0.0813) •2.8% City Property Tax Levy 3 60 ° 3 40 .q cc 7 3.20 A 3 00 N 0 2 80 L r � 2.60 a 2 40 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Change 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 % Regular 2 796 2 623 2 814 2 992 2 994 29272 2 921 2 T72 2 721 2 654 -2 5% Voted 0 434 0 462 0 402 0 382 0 361 0 312 0 283 0 238 0 234 0 219 -6.3% Total 3 230 3 085 3 216 3 374 3 355 3 240 3204 3 010 2 955 2 873 -2 8% Effect with a'1%increase over last years levy' iCity taxes on a home with a constant$200,000 assessed value 64600 61700 64320 67480 67100 64790 64080 60200 591 02 57466 Lowest rate since 1986. Prop Tax Options-la xis 11/14/2002 PRELIMINARY LEVY LIMIT WORKSHEET - 2003 Tax Roll TAXING DISTRICT: City of Kent The following determination of your regular levy limu for 1003 property taxes is provided by the Kmg County Assessorpursuant to RCW 84.55.100. Annexed to Library District (Note 1) Estimated Library rate. 0 50000 Using Limit Factor Using Implicit For District Calculation of Limit Factor Levy Price Deflator 21,731,093 Levy basis for calculation: (2002 Limit Factor) (Note 2) 21,731,093 1.0100 x Limit Factor 1.0116 21,948,404 =Levy 21,983,174 119,417,892 Local new construction 119,417,892 0 +Increase in utility value (Note 3) 0 119,417,892 =Total new construction 119,417,892 2.71324 x Last year's regular levy rate 2.71324 324,009 =New construction levy 324,009 22,272,413 Total Limit Factor Levy 22,307,183 Annexation Levy 3,773 Omitted assessment levy(Note 4) 3,773 22,268,640 Total Limit Factor Levy+new lid lifts -omits 22,303,410 8,010,668,375 +Regular levy assessed value less annexations 8,010,668,375 2.77987 =Annexation rate(cannot exceed statutory maximum rate) 278421 83,030,240 x Annexation assessed value 83,030,240 230,814 =Annexation Levy 231,174 Lid lifts, Refunds and Total 0 + First year lid lifts 0 22,272,413 +Limit Factor Levy 22,307,183 22,503,227 =Total RCW 84.55levy 22,538,357 101,989 + Relevy for prior year refunds (Note 5) 101,989 22,605,216 =Total RCW 84 55 levy+ refunds 22,640,346 22,605,216 ALLOWABLE LEVY (Note 6) 22,Ei40,346 Increase Information(Note 7) 279247 Levy rate based on allowable levy 2 79681 20,632,135 Last year's ACTUAL regular levy 20,632,135 1,316,269 Dollar increase over last year other than N/C—Annex 1,351,039 6.38% Percent increase over last year other than N/C—Annex 6.55%, Calculation of statutory levy Regular levy assessed value (Note 8) 8,093,698,615 x Maximum statutory rate 11.10000 =Maximum statutory levy 25,090,466 +Omitted assessments levy 3,773 =Maximum statutory levy+omits 25,094,239 Limit factor needed for statutory levy Not usable ALL YEARS SHOWN ON THIS FORM ARE THE YEARS IN WHICH THE TAX IS PAYABLE Please read carefully the notes on the reverse side. 11/13/02 4 00 PM LevyLimitWS doc � � e REGULAR PROPERTY LEVY CALCULATION 7 LIMD'ATION CALCULATION M 84 55 010 MAXIMUM AVAILABLE WITH UNCERTIFIED ASSESSED VALUATION INCLUDES VALUATION INCREASE OF 407% CALCULATION ASSUMING LID OF Using 10%Over 2002 Levy Banked Capacity 100% 10%Levy Increase Percentage 7,891,250,483 7,891,250,483 Assessed Valuation less New Construction and Annexations 119,417,892 119,417,892 New Construction per preliminary estimates 0 0 Esumated Increase In State Public Utility To New Construction 83,030,240 83,030,240 Annexations Annexations added to tax roll for 2003 Budget 8,093,698,615 8,093,698,615 Total Assessed Valuation 20,632,135 Last year's levy 21,731,093 Last Year's highest allowable levy 101 00% 101 00%x LID%(Implicit price deflator or 6%maximum) 20,838,456 21,948,404 LID%Levy 119,417,892 119,417,892 Local new construction 0 0+State Public Service New Construction 119,417,892 119,417,892=Total New Construction 271324 2 713 x Prior year levy rate 2 M107 324,009 324,009=New Construction Levy 20,838,456 21,948,404 Lid Levy 324,009 324,009+New Construction Levy -3,773 3,773 -Onutmd Assessment Levy 21,158,693 22,268,640=Levy Ceiling(Less annexations and omitted assessments) 8,010,668,375 8,010,668,375 Regular levy assessed value less annexations 2 641 2 780=New Year Levy rate 83,030,240 83,030,240 Annexation assessed value 2 641 2 780 x New Year levy rate 219,309 230,814=Annexation Levy 3,773 3,773+Omitted assessment levy 21,158,691 22,268,640+Levy Ceiling(Less annexations and omitteds) 21,381,774 22,503,227=Maximum New Year Levy 101,989 101,989+Refund Fund(estimate) 21,483,763 22,605,216=Maximum New Year Levy based on lid limit+refund fund. STATUTORY LEVY CALCULATION 8,093,698,615 8,093,698,615 Assessed value(excluding omits) 3 10 3 10 X maximum statutory rate($3 60 less 50 Library levy rate) 25,090,466 25,090,466=Maximum 2001 levy(Excluding Omitted Assessment Levy) 3,773 3,773+Omitted Assessment Levy 25,090,466 25,090,466=Maximum 2002 Levy based on Statutory Levy 21,483,763 22,605,216 Maximum Regular 2002 levy-the lesser of the two limits 21,350,252 21,350,252 Preliminary budget 133,511 1,254,964 Potential Increase Ne onstruchoniishaviteti As 11/19/2002 ORDINANCE NO. 'I AN ORDINANCE of the city council of the city of Kent, Washington, authorizing the 2002 property tax levy for the 2003 budget at the previous year's tax levy, plus an increase within the statutory allowable amount, in addition to increases resulting from the addition of new construction and improvements to property, and any increase in the value of state-assessed property, the refund fund levy, and annexed properties WHEREAS, pursuant to RCW 84.55.120 and after providing all appropriate notice, the city council held a public hearing on September 17, 2002, to consider the city of Kent's proposed operating and capital budget for the 2003 calendar year, and held a public hearing on November 19, 2002, to address the city's 2002 property tax levy, revenues, and limit factors, as well as the proposed 2003 budget, and WHEREAS, pursuant to RCW 84.55 120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage, and WHEREAS, the city council finds that to best protect the public health, i safety, and welfare, to best protect the city's future property tax levy capacity, to best serve the citizens of Kent by maintaining an appropriate level of service throughout the city, to 1 Tax Levy Adjustment Authorized 2003 Budget appropriately discharge the city's expected expenses and obligations, and to best serve the citizens of Kent through a continued commitment to capital improvements throughout the city, a substantial need exists to increase its tax levy over last year, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS, SECTION 1. - Recitals Incorporated The city council finds that the foregoing recitals are incorporated as if fully set forth herein. SECTION 1. -Property Tar Lew Authorized In addition to the increase 'resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property, the refund fund levy, the 2002 regular property tax dollar levy for the 2003 budget is authorized at the previous year's property tax levy, plus $206,321,representing 1 0% SECTION 3. - Severabdity If any one or more sections, subsections, or sentences of tlus ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 4. -Effective Date This ordinance shall take effect and be in force five(5)days from and after its passage, approval, and publication as provided by law I I JIM WHITE, MAYOR it �I i 2 Tax Levy Adjustment Authorized 2003 Budget ATTEST. BRENDA JACOBER, CITY CLERK li APPROVED AS TO FORM. i TOM BRUBAKER, CITY ATTORNEY �I PASSED day of December, 2002 APPROVED. day of December, 2002 PUBLISHED day of December, 2002 I hereby certify that this is a true copy of Ordinance No passed by the city council of the city of Kent, Washington, and approved by the mayor of the cit of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK I P 2W3 d. i II �I 3 Tax Levy Adjustment Authorized 2003 Budget Kent City Council Meeting Date December 10, 2002 Category Other Business 1. SUBJECT: 2002 PROPERTY TAX TOTAL LEVY FOR 2003 BUDGET ORDINANCE—ADOPT 2. SUMMARY STATEMENT: This ordinance establishes the actual property tax levy, which is based on a 1% increase for inflation and includes the amounts estimated for new construction, improvements, increase in state assessed property, other adjustments and any annexations to the City. The estimated levy is $21,483,752 for the General Fund and$1,775,000 for the Debt Service Funds for an estimated total of $23,258,752. The actual amounts to be levied will be presented for Council's approval upon receipt of the certified assessed valuation numbers from King County. 3. EXHIBITS: Worksheet and ordinance 4. RECOMMENDED BY: Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION:Councilmember /U �i W moves, Councilmember e-aj seconds to adopt Ordinance No. 310 31 establishing the regular property tax levy of $21,483,752 for the General Fund and $1,775,000 for the Debt Service Funds for a total of$23,258,752, 0-16 alyu,d-a-� DISCUSSION: ACTION: mG Council Agenda Item No. 7B i� PROPERTY TAX - BUDGET OPTIONS Preliminary budget levy proposed 21,350,252 Option 1 Option 2 Based on Last Inflation Limit Factor is 1.0%, Year's Actual Levy CPI used for labor contracts 1.5% 1.0% 1.0% Maximum Revenue Allowable Regular levy Increase 2001 Regular Levy was 20,632,135 Maximum Allowable Levy 2002 21,731,093 2002 Proposed Regular Levy Increase in dollars 206,321 2002 Proposed Maximum Allow Levy Increase in dollars 217,311 Limit Factor Levy 21,948,404 Total Regular Increase as a percentage 1.000/0 1.000/0 Plus estimated effects of new construction, improvements and increases in the value of state assessed property 324,009 324,009 Plus annexation levy 219,309 230,814 Other adjustments 101,989 101,989 Total regular tax levy 21,483,763 22,605,216 Change from Preliminary Budget 133,511 1,254,964 Banked Capacity Utilization 0 1,121,453 Levy Rate 2.654 2.793 Voted Levy 0.219 0.219 Total Levy Rate 2.8737 3.0122 Rate %Change from Last Year (2.8)% 1.9% Total Regular Tax levy 21.,483,763 22,605,216 Voted Levy 1,775,000 1,775,000 Total Tax Levy 23,258,763 24,380,216 Prop Tax Options As 1 111 4/2 0 0 2 DRUAV7 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, levying 2002 property taxes for the 2003 budget for the city of Kent WHEREAS, pursuant to RCW 84.55.120 and after providing all appropriate notice, the city council held a public hearing on September 17, 2002, to consider the city of Kent's proposed operating and capital budget for the 2003 calendar year, and held a public hearing on November 19,2002,to address the city's 2002 property tax levy, revenues, and limit factors, as well as the proposed 2003 budget, and WHEREAS, pursuant to RCW 84.55,120, any increase in property tax revenue other than that resulting from the addition of new construction and improvements to property, annexations, and any increase in the value of state-assessed property and the refund fund levy,requires the adoption of a separate ordinance from the tax levy ordinance specifically authorizing the increase in terms of both dollars and percentage, and WHEREAS, concurrently with this ordinance, the city council is adopting a separate ordinance to establish an increase in property tax revenue to be levied herein and collected in year 2003, and WHEREAS, pursuant to RCW 84 52 010 and WAC 458-12-365, taxes shall be levied in specific dollar amounts, NOW, THEREFORE, 1 Property Tax Levied 2003 Budget THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. - Recitals Incorporated The foregoing recitals are incorporated as if fully set forth herein SECTION 1. —Property Tax Leveed There is hereby levied against the assessed value of the property in the city of Kent, Washington, a tax for the Citys 2003 budget in the following amounts for the following funds: A. For the General Fund, for the purpose of paying the general expenses_of municipal government: Levy per$1,000`of ' _,,assessed valuation a Fund << - ;7 festimated), ount GeneralFurid` 2.6544 $21,483,752 B. For Voted Boni Interest and Redemption Fund, for the purpose of paying debt service in the following amounts for the following funds Levy per $1,000 of assessed valuation Fund (estimated) Amount General Obligation Refunding .2193 $1,775,000 (Public Safety and Senior Housing) C Total General Fund and Voted Bond Interest and Redemption Fund: Levy per$1,000 of assessed valuation (estimated) Amount TOTAL LEVY 28737 $23,258,752 2 Property Tax Levied 2003 Budget SECTION 3. -Limitation on Levu The application of the General Fund levy shall be consistent with and not result in a tax revenue in excess of the limitation imposed by RCW 84 55 010 SECTION 4. - Adiustments City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A 33 120 SECTION 5. - Severabikty If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. - Ef/ective Date. This ordinance shall take effect and be in force five(5)days from and after its passage,approval,and publication as provided by law JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM- TOM BRUBAKER, CITY ATTORNEY 3 Property Tax Levied 2003 Budget PASSED: day of December, 2002. APPROVED: day of December, 2002. PUBLISHED: day of December, 2002 I hereby certify that this is a true copy of Ordinance No. passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated (SEAL) BRENDA JACOBER, CITY CLERK P TiW\Ordi u NTemLevi -2M dm din 4 Property Tax Levied 2003 Budget Kent City Council Meeting Date December 10, 2002 Category Other Business I. SUBJECT: 2003 BUDGET ORDINANCE—ADOPT 2. SUMMARY STATEMENT: This ordinance adopts the City's 2003 budget. The budget to be adopted is set forth in the Preliminary Budget document plus the technical corrections approved at the December 3, 2002, Operations Committee meeting plus any property tax or other adjustments as approved by Council. 3. EXHIBITS: The 2003 Preliminary Budget document, ordinance, Exhibit A, Exhibit B and memo. The 2003 Preliminary Budget document is available at the City Clerk's office. 4. RECOMMENDED BY:_perations Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember h co moves, Councilmember seconds to adopt Ordinance No. &.5d, adopting the final 2003 Operating and Capital Budget which includes Exhibits A and B. DISCUSSION: l�?o ACTION: 7/e— Council Agenda Item No. 7C M • KENO WhS HINOtON DATE November 26,2002 FINANCE May Miller TO Operations Committee Director \ Phone 253-856-5260 FROM May Miller �n Fax 253-856-6255 SUBJECT 2003 Budget 220 Fourth Ave S Kent,WA 98032-5895 Attached is the ordinance for the 2003 Budget The budget is summarized in Exhibit A The amounts and detail area combination of the Preliminary Budget presented to Council on November 5, 2002,and the technical changes listed on Exhibit B Staff will review the changes at the Operations Committee meeting The budget includes both operating and capital revenue and expenditures for 2003 It is balanced as required by Washington State RCW and includes a 1% inflation increase for property taxes,which will reduce rate to Kent citizens per the attached . graph The budget includes no new taxes but does include the water rate increase approved by Council November 19 COUNCIL MOTION Motion to approve the 2003 Budget outlined in the Preliminary Budget document plus the technical corrections in Exhibit B i I ORDINANCE NO. , �I AN ORDINANCE of the city council of the city of Kent, Washington, relating to budgets and finance and adopting the final 2003 fiscal year budget WHEREAS, the tax estimates and budget for the city of Kent, Washington, for the 2003 fiscal year have been prepared and filed as provided by law, the budget has been printed and distributed, and notice has been published in the official paper of the city of Kent setting the time and place for hearing, and that notice stated that all taxpayers calling at the office of the city clerk would be furnished a copy of the 2003 budget, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS- SECTION]. -Budget Adoption Pursuant to RCW 35A 33 075,the budget for the 2003 fiscal year, as summarized in Exhibit "A" and as set forth in the 2003 Preliminary Comprehensive Budget, which is amended by Exhibit "B," all of which are I incorporated in this ordinance by this reference as if fully set forth herein, is hereby adopted in the amounts and for the purposes established in that budget as the final budget for the I'crty's 2003 fiscal year SECTION 2. - Transmittal The finance director shall transmit a complete copy of the final adopted budget to the Division of Municipal Corporations in the Office of the State Auditor and to the Association of Washington Cities 1 2003 Budget Adoption SECTION 3. -Adiustments City administration shall administer the Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A 33 120 SECTION 4. - Severabihtv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION S. - Effective Date This ordinance shall take effect and be in force five (5) days from and after the date of passage and publication as provided by law. I I JIM WHITE, MAYOR ATTEST• • BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM I TOM BRUBAKER, CITY ATTORNEY i I; I 2 2003 Budget Adoption PASSED. day of December, 2002 APPROVED day of December, 2002 PUBLISHED. day of December, 2002 I hereby certify that this is a true copy of Ordinance No passed y the city council of the city of Kent, Washington, and approved by the mayor of the city of K ent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK i i 'I 3 2003 Budget Adoption • 2003 Budget Ordinance Exhibit A Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS GENERAL FUND 60,823,739 63,260,617 (2,436,878) 6,093,410 3,656,532 SPECIAL REVENUE FUNDS Street 4,553,386 4,190,688 362,698 365,020 727,718 Lodging Tax Fund 132,526 151,530 (19,004) 25,568 6,564 Youth/Teen Programs 626,906 634,595 (7,689) 17,415 9,726 Capital Improvement 7,797,675 8,526,743 (729,068) 793,429 64,361 Criminal Justice 2,494,610 2,757,690 (263,080) 1,124,153 861,073 Environmental Mitigation 222,328 197,552 24,776 141,790 166,566 Community Block Grant 613,000 613,000 Other Operating Projects 15,768 15,768 DEBT SERVICE FUNDS Voted 1,785,000 1,780,752 4,248 16,330 20,578 Councilmanic 8,018,643 8,018,643 Special Assessment 2,659,424 2,846,825 (187,401) 2,111,514 1,924,113 CAPITAL PROJECTS FUNDS • Street Projects 1,795,000 1,795,000 Parks Projects 1,757,926 1,757,926 Other Projects Technology Projects 500,000 500,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 8,640,000 9,662,992 (1,022,992) 2,336,000 1,313,008 Sewerage 23,374,059 23,894,475 (520,416) 2,499,345 1,978,929 Golf Complex 3,269,000 3,081,966 187,034 36,608 223,642 INTERNAL SERVICE FUNDS Equipment Rental 2,930,728 2,539,207 391,521 2,784,307 3,175,828 Central Services 4,457,113 4,458,284 (1,171) 51,199 50,028 Fire Equipment 243,281 400,000 (156,719) 352,854 196,135 Facilities Fund 3,992,364 4,259,684 (267,320) 472,578 205,258 Insurance 11,362,742 11,040,284 322,458 975,684 1,298,142 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 196,960 256,180 (59,220) 3,549,514 3,490,294 Economic Development Corp 4,925 7,108 (2,183) 29,754 27,571 TOTAL GROSS BUDGET 152,267,103 156,647,509 (4,380,406) 23,776,472 19,396,066 LESS Internal Service Funds 22,270,245 22,270,245 • Other Transfers 14,022,402 14,022,402 TOTAL BUDGET 115,974,456 120,354,862 (4,380,406) 23,776,472 19,396,066 CITY OF KENT,WASHINGTON • 2002 Budget Ordinance Exhibit B Inc(Dec) Beginning Ending In Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 60,679,275 63,225,617 (2,546,342) 6,093,410 3,547,068 Property tax-assessed valuation& 133,511 133,511 133,511 levy higher than forecast ' EMS regular levy lower than forecast (21,447) (21,447) (21,447) EMS levy for transport services 35,000 35,000 ' Metricom bankruptcy (2,600) (2,600) (2,600) Total General Fund 60,823,739 63,260,617 (2,436,878) 6,093,410 3,656,532 SPECIAL REVENUE FUNDS Street 4,553,386 4,190,688 362,698 365,020 727,718 Lodging Tax Fund 132,526 151,530 (19,004) 25,568 6,564 Youth/Teen Programs 626,906 634,595 (7,689) 17,415 9,726 Capital Improvement Fund 7,797,675 8,526,743 (729,068) 793,429 64,361 Criminal Justice 2,581,595 2,863,606 (282,011) 1,124,153 842,142 Elimination of Springwood Grant (86,985) (105,916) 18,931 18,931 Total Criminal Justice Mitigation Fund 2,494,610 2,757,690 (263,080) 1,124,153 861,073 Environmental Mitigation 222,328 161,914 60,414 141,790 202,204 . Correction of grant expenditures 35,638 (35,638) (35,638) Total Environmental Mitigation Fund 222,328 197,552 24,776 141,790 166,566 Community Block Grant 613,000 613,000 Other Operating Projects 15,768 15,768 DEBT SERVICE FUNDS Voted 1,785,000 1,780,752 4,248 16,330 20,578 Councilmanic 8,018,643 8,018,643 Special Assessment 2,659,424 2,846,825 (187,401) 2,111,514 1,924,113 CAPITAL PROJECTS FUNDS Street Projects 1,795,000 1,795,000 Parks Projects 1,757,926 1,757,926 Other Projects Technology Projects 500,000 500,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 8,368,107 9,685,260 (1,317,153) 1,598,759 281,606 Adjust per rate study estimates 271,893 (22,268) 294,161 737,241 1,031,402 Total Water Fund 8,640,000 9,662,992 (1,022,992) 2,336,000 1,313,008 Sewerage 23,374,059 23,894,475 (520,416) 2,499,345 1,978,929 Golf Complex 3,269,000 3,081,966 187,034 36,608 223,642• CITY OF KENT,WASHINGTON 2002 Budget Ordinance Exhibit B Inc(Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance INTERNAL SERVICE FUNDS Equipment Rental 2,930,728 2,539,207 391,521 2,784,307 3,175,828 Central Services 4,457,113 4,458,284 (1,171) 51,199 50,028 Fire Equipment 243,281 400,000 (156,719) 352,854 196,135 Facilities Fund 3,992,364 4,259,684 (267,320) 472,578 205,258 Insurance 11,362,742 11,040,284 322,458 975,684 1,298,142 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 196,960 256,180 (59,220) 3,549,514 3,490,294 Economic Development Corp 4,925 7,108 (2,183) 29,754 27,571 TOTAL GROSS BUDGET 152,267,103 156,647,509 (4,380,406) 23,776,472 19,396,066 LESS Internal Service Funds 22,270,245 22,270,245 Other Transfers 14,022,402 14,022,402 TOTAL BUDGET 115,974,456 120,354,862 (4,380,406) 23,776,472 19,396,066 • REPORTS FROM STAND•I/NG COMMITTEES A�N-/D,,STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEES �� .� C. PUBLIC SAFETY COMMITTEE P c w D. PUBLIC WORKS 4- E. PLANNING CnOMMI/T/TEE G�(� d cQJL�✓ � �`t taaa- cQ�u-�S/y F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS �ho� -yam GCap �'p REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICy,ATIONS A. AA.Q- " _ / c 9'-- h ee a-a 1L Q T,ed 6 t-eL- �4w (/i 1 o u/t GLr�C2 Gu GcJC✓ /G¢ Q¢-a Qeo/• c -� /."a,.t� L�� rvC✓ 7`e w�GL a w Ao n,ee-cl t2 a-o� OPERATIONS COMMITTEE MINUTES NOVEMBER 5, 2002 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Leona Orr, Tim Clark STAFF PRESENT: Mike Martin, May Miller, Kathenn Johnson, Charlie Lindsey, John Hodgson, Tom Brubaker, Tom Vetsch, Judy Woods, Cliff Craig, Jackie Bicknell The meeting was called to order by Chair Rico Yingling at 4.03 PM. "Human Services Home Repair Program Contract with the City of Auburn" was added to the agenda as Item#3. (The other items on the agenda were pushed down in order by one number.) Approval of Minutes of October 15, 2002 Committee Member Tim Clark moved approval of the minutes of the October 15, 2002 Operations meeting The motion was seconded by Committee Member Leona Orr and passed 3-0. Approval of Vouchers Dated October 31, 2002 Leona Orr moved approval of the vouchers dated October 31, 2002 The motion was seconded by Tim Clark and passed 3-0. Human Services Home Repair Contract with Auburn Human Services Office Manager Kathenn Johnson said the City of Kent started contracting with the City of Auburn two years ago to do their Home Repair Service and this year an additional $25,000 had been added to the budget at the end of the year. She said Kent staff has been very effective in delivering services in a timely manner. Leona Orr moved to accept the additional $25,000 from the City of Auburn for the Auburn Home Repair Program and amend the budget accordingly. The motion was seconded by Tim Clark and passed 3-0. 2003 Government Relations Contract Chief Administrative Officer Mike Martin presented for approval the 2003 Government Relations Consulting Services Contract for Doug Levy, who has been with the City since 1999. The contract calls for a monthly fee of$4,166.67, plus expenses, and a total budgeted amount of$55,000 Leona Orr moved to recommend that Council approve the 2003 Contract and Work-plan for Governmental Relations Consulting Services from Doug Levy of Outcomes by Levy. The motion was seconded by Tim Clark and passed 3-0. Energy Audit Capital Improvements—Authorize Facilities Manager Charlie Lindsey said that in May, 2002, the City entered into an agreement with Washington Department of General Administration to conduct an energy audit on City buildings to determine if there was enough savings by doing energy conservation measures to warrant moving ahead with energy improvements The audit is now complete and the list of conservation recommendations is lengthy. The cost for the proposed conservation measures,including the audit, is $1,233,458. The City must make a decision to move ahead or pay for the audit and let it drop. The state would pay for everything up front, and the City would borrow the$1,233,458 from the state treasury at 4.5%interest rate. Payments would be twice a year(with the first in June of next year) and based on the savings realized. The state would monitor the energy savings periodically, and the energy services company would do a monitor every quarter. The money is already in the budget Tim Clark moved to recommend that Council authorize the Mayor to sign all the necessary documents to allow the state to complete the energy improvements with repayment to the state over 12 years based on realized energy savings. The motion was seconded by Leona Orr and passed 3-0. Council Approved Write-Offs Finance Director May Miller said write-offs deemed uncollectable for this year amounted to $19,367.47,which is less than 1%of the City's receivables The write-offs are in three areas. Miscellaneous Accounts Receivable, LID penalties that were accrued, and Utility bill customers who have filed for bankruptcy($6,563.95). Leona Orr said it was important to understand that out of$2 4 million total in outstanding receivables for the City, only 0.003%were uncollectable. Tim Clark moved to recommend that Council authorize Miscellaneous Accounts Receivable and Utility Billing write-offs for$19,367.47 for accounts from 1995 through March 2001. The motion was seconded by Leona Orr and passed 3-0. Authorization to Proceed with LID Bond Process May Miller said work has been completed on LID 350 the Big K Sewer; LID 352 South Kent Storm Sewers, and LID 354: Washington Avenue HOV Lanes/Meeker Street Widening Improvements. The final assessments have been set, and the LID bonds need to be issued. All three LIDS will be consolidated into one bond, called a CLID. Bank of America is the underwriter for the City's LID bonds, and Foster, Pepper, & Sheffelman will be the Bond Council. The estimated total is $1,604,331.52 Leona Orr moved to recommend that Council authorize proceeding with a combined LID bond issue for LIDs 350,352, and 354. The motion was seconded by Tim Clark and passed 3-0. The meeting adjourned at 4 24 PM Jackie Bicknell Council Secretary Operations Committee November 19, 2002 Committee Members Present: Chair Rico Yingling, Leona Orr, Judy Woods (filling in for Tim Clark) Staff Present. Mike Martin,May Miller, Don Wickstrom,Fred Satterstrom,Tom Brubaker, Becky Fowler, Marty Mulholland, John Hodgson, Lori Flemm,Nathan Torgelson,Dena Laurent, Julie Peterson, Chris Hills, Bob Hutchinson, Jackie Bicknell Public Present. Robert O'Brien, Denise Gray,Raul Vaca The meeting was called to order at 4 PM by Chair Rico Yingling King County Conservation Futures Interlocal Agreement was added to the agenda as Item#4 Approval of Minutes of November 5, 2002 Committee Member Leona Orr moved to approve the minutes of November 4,2002 The motion was seconded by Committee Member Judy Woods and passed 3-0 Approval of Vouchers of November 15, 2002 Judy Woods moved to approve the vouchers dated November 15, 2002 The motion was seconded by Leona Orr and passed 3-0. 2003 Kent Reporter Contract Assistant Chief Administrative Officer Dena Laurent presented the 2003 Kent Reporter Contract for a one page City newsletter that is published each month and distributed to all the homes in the Kent School District Cost comparisons show that producing and mailing a comparative newsletter would cost $330,263 per year compared to $49,000 for the Reporter newsletter Leona Orr moved to recommend that Council approve the 2003 Kent Reporter contract for a total project amount of$49,000. Judy Woods seconded the motion,which passed 3-0. King County Conservation Futures Interlocal Agreement Parks Planning and Development Superintendent Lon Flemm presented the King County Conservation Futures Program Grant in the amount of$400,000 She said the money would be used to pay back the loan for the purchase of the Mordhorst property at Clark Lake Park Judy Woods moved to recommend that Council approve the grant, authorize the Mayor to enter into the Conservation Futures Interlocal Agreement with King County and amend the Clark Lake Land budget for $400,000. The motion was seconded by Leona Orr and passed 3-0. i Operations Comnuttee, 11/19/02 2 New Lodeine Tax Advisory Board Member . Economic Development Manager Nathan Torgelson requested confirmation of the appointment of Denise Gray to the Lodging Tax Advisory Board He introduced Ms. Gray to the Committee. Leona Orr moved to recommend that Council confirm the appointment of Denise Gray, General Manager of the Marriott Towne Place Suites,to the Lodging Tax Advisory Board. Judy Woods seconded the motion, which passed 3-0. Kent Lodeine Association Budeet Nathan Torgelson requested approval of the 2003 contract,budget and scope of work for the Kent Lodging Association in the amount of$39,790. He introduced Raul Vaca, a member of the Kent Lodging Association Mr Vaca said they would come back in April or May of next year to present the second half of the budget to the Council. Councilmember Julie Peterson questioned where Exhibit A was as referred to in the contract. Mr. Torgelson said that Exhibit A was the 2003 budget,wluch was the scope of the work for the web site, advertising, and salary Ms. Peterson asked if that could be amended so it was designated as Exhibit A. Judy Woods moved to recommend that Council approve the contract and budget of $39,790 for the Kent Lodging Association for the months of January through June,2003, with the friendly amendment to designate the budget as Exhibit A. Leona Orr seconded the motion, which passed 3-0. 2003 Budget: Tax Lew Ordinance, Initiative 776 May Miller presented the 2003 Budget Issues• Property Tax Levy and Initiative 776 Impacts She said the figures for the Tax Levy Ordinance were only preliminary. Option 1 was based on a 1% assessed valuation with a total mil levy increase of 1 9%. Numbers should be finned up by the December 3`d Operations Committee and the Property Tax Levy would then be brought to the Council meeting for adoption on December 10`h. The levy has improved and will be approximately$133,511 more than as stated in the preliminary budget, and the EMS levy went down. There is a zero percent change right now,but the figures could go up or down after the numbers come in from the county, which should be by the 30`h. The original 2003 budget had shown$770,247 from motor vehicle registration taxes,but that revenue was taken out in the revised 2003 budget because of Initiative 776. Public Works Director Don Wickstrom said that money was used strictly for capital and was part of the Street Fund, which goes to pay for new road projects and annual maintenance projects Ms. Miller said Option 1 would use the fund balance to tide the City through part of the year and would reduce the asphalt overlay. Option 2 would reduce the dollars from the 212ih Street pavement,take out the two intersection improvements, and leave the fund balance as is. Chief Administrative Officer Mike Martin added that the City doesn't know yet what the effect will be of I-790, which will reconstruct the way the Police and Fire retirement fund is handled. Estimates by the State Auditor for the City of Kent is about$1 3 million for half a year. An 11 40 Operations Committee, 11/19/02 3 person committee will decide how to make recommendations, and those will have to be approved by the legislature September Finance Report May Miller presented the September Finance Report. She said the General Fund had continued to deteriorate through September and was down by$285,000 or 8.7%. Sales Tax,the Electric Utility, and Building Permits were the major areas under budget. Property Taxes through September were right on budget at 0.1%under. There was a slight improvement in retail,but Contracting, Wholesaling, and Manufacturing were all down. Valuation of permits was 19.5% under last year,but improving due to some Kent Station permits. Plan Check Fees were 30.7% under, Recreation Fees 10.9% over budget, and Fines and Forfeitures, 3.8% under budget. Expenditures were $1,799,146 or 3 9%under, and those savings were due primarily to frozen or on-hold positions Vacancies were 29 25 compared to 23.9 last year in the General Fund Judy Woods asked for an asterisk explanation for the Golf Course merchandising revenue on future reports. The meeting adjourned at 4.53 PM. Jackie Bicknell Council Secretary Public Works Committee November 18, 2002 Committee Members Present: Leona Orr(filling in as Chair for Tim Clark),Julie Peterson,Rico Yingling Staff Present Don Wickstrom, Gary Gill,Tim LaPorte,Jackie Bicknell The meeting was called to order at 5 05 PM by Chair Leona Orr Approval of Minutes of November 4, 200 Committee Member Rico Yingling moved to approve the minutes of November 4, 2002. The motion was seconded by Committee Member Julie Peterson and passed 3-0. Annexation for South 277ih Street Corridor Public Works Director Don Wickstrom said that the City had purchased right-of-way in unincorporated King County between Auburn Way North and the Green River for the construction of South 277`h Street The property abuts the northern city limits of the City of Auburn Kent wants to annex a portion of the property for municipal use purposes and then de- annex a portion to Auburn Auburn already has a portion of the road and they would take over operation and maintenance and finish the construction of that piece Julie Peterson moved to recommend that Council authorize staff to take the necessary steps and prepare the documents to submit a notice of intent to the boundary review board for the municipal annexation of two parcels on South 277ih Street. The motion was seconded by Rico Yingling and passed 3-0. South County Area Transportation Board (SCATBd)Agreement Don Wickstrom said the South County Area Transportation Board had approved a revised agreement for the continuation of SCATBd, a conglomeration of all the South King County agencies that review transportation issues. The original agreement has expired and the revision would continue the agreement and include the addition of the Muckleshoot Tribe as a voting member,would clarify that the King County Executive and a south King County Councilmember would each have a seat and a vote, and would consider dues of$250 per right to vote Rico Yingling moved to recommend that Council authorize the Mayor to sign the South County Area Transportation Board (SCATBd)Agreement,upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Julie Peterson and passed 3-0. Newspaper Article on Water Rate Increase Rico Yingling commented that an article in that day's South County Journal newspaper had said that Council was approving a 5%per year water rate increase for the next three years. Mr Yingling clanfied that there had not been any decision on that issue and that it would be discussed at the next night's Council meeting and a determination made then He pointed out Public Works Committee Minutes, 11/18/02 2 that the newspaper had not contacted any of the Councilmembers before publishing the article and stated that citizens should not feel that what they read in the paper is always true. Traffic Liaht at 74`" and Willis Julie Peterson asked for an update on the traffic signal at 70 and Willis Don Wickstrom said staff was proceeding ahead with getting the project ready to go out to bid. The date had elapsed for a response from property owners about the increased LID fees. Eleven percent responded that they didn't want to proceed. West Nile Virus Julie Peterson asked for an update on the West Nile Virus issue. Don Wickstrom said the subject would be on the next Public Works Committee agenda and that staff was looking into the situation. The meeting was adjourned at 5.13 PM. Jackie Bicknell City Council Secretary EXECUTIVE SESSION A) Pending Litigation