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Home My WebLink AboutCity Council Meeting - Council - Agenda - 04/20/2004 City of Kent City Council Meeting Agenda April 20, 2004 Mayor Jim White Julie Peterson, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Bruce White Deborah Ranniger KEN T WASHINGTON City Clerk's Office SUMMARY AGENDA 40 KENT CITY COUNCIL MEETING -147 KENT April 20, 2004 W A S H I N O T O N Council Chambers 7:00 p.m. MAYOR: Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC 4. PUBLIC COMMUNICATIONS A. Economic Development Update A. P;i1QNCL ANlu<A 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR / A. Minutes of Previous Meeting -Approve B. Payment of Bills-Approve 4 C. Star Meadow Final Plat-Accept D. Impoundment Reservoir Comprehensive Plan and Initial Zonin Or ' ance - Adopt E. Disposal of S lus Vehicle and Equipment-Authorize F. Condemnationance for Upper Meridian Valley Creek Improvements Project-Adopt W�6 G. Pacific Highway High Occupancy Vehicle Lanes Agreement with Metro for Construction of Bus Shelter Pads-Authorize r1 H. Ord' ance Relating to Abolition of Independent Salary Commission-Adopt 3 b 1 I. cal and Long Distance Telephone Services Contract Extension-Authorize J. Replacement of 2004 Police Mobile Dat omputers-Authorize K. 2004 General Fund Budget d ustmerA Or ance Relating to Temporary Permit cessmg-Adopt L. Res lution Recognizing Vietnamese Heritage Flag-Adopt M. at of Alvin's Pond Subdivision Infrastructure Improvements Bill of Sale- Accept OJ. 1-:1clased Arbse cc;, ePar t✓P Pefefsm 7. OTHER BUSINESS A. Kent Station Declaration of Covenants, Conditions, and Restrictions-Authorize B. Kent Station Purchase and Sale Agreement Amendment-Authorize 8. BIDS A. I I8`h Avenue SE Water Main Connection Project-Award (continued next page) SUMMARY AGENDA CONTINUED • 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10. REPORTS FROM SPECIAL COMMITTEES ,,pp 11. CONTINUED COMMUNICATIONS A. Police ce Ru mo! C{a f i.f i ect:Fi C-A 12. EXECUTIVE SESSION 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT t 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. 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 ECONOMIC DEVELOPMENT UPDATE. w A) CA-FR A via rd • Nac,-may-Pa4aa a o Po w �^' 6 - �' CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember ( ►�1.6'yyl�—J seconds to approve Consent Calendar Items A through>k N /Yt -� Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of April 6, 2004. 6B. Approval of Bills. No bills were approved at the Operations Committee meeting of April 6, 2004. Council Agenda Item No. 6 A-B • KEN T Kent City Council Meeting W.s„,N D T D N April 6, 2004 The regular meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor White. Councilmembers present- Clark, Harmon, Peterson, Ranniger, Raplee, Thomas and White. (CFN-198) CHANGES TO AGENDA A. From Council. (CFN-198) At the request of Mayor White, Public Communications Items E was added to the agenda and Consent Calendar Item M was removed from the agenda. Martin announced that the Executive Session on pending litigation is no longer required. All agreed to hold the Public Hearing after the Consent Calendar. There were no changes to the agenda from the audience. PUBLIC COMMUNICATIONS A. Kent Sister City Association/Sister Cities International 2004 Youth Art Competition Presentation. (CFN-198) International Programs Coordinator JoAnne Schaut announced the winners of the competition and School Superintendent Barbara Grohe and Mayor White presented them with awards. B. Introduction of Appointee. (CFN-198) Mayor White introduced Vickie Molzer, his re- appointment to the Lodging Tax Advisory Board C. Arbor Day Proclamation. (CFN-155) The Mayor read a proclamation declaring April 7, 2004, as Arbor Day in the City of Kent, and presented it to Parks Director Hodgson. D. Employee of the Month. (CFN-147) The Mayor announced that Amanda Faulkner, Public Education Specialist in the Fire Department, has been chosen as Employee of the Month for April. E. Public Safety Telecommunicators Week Proclamation. (CFN-122) Mayor White read a proclamation declaring the week of April 11-17, 2004, as Public Safety Telecommunicators week, and presented it to Valley Communications Assistant Director Mark Morgan. CONSENT CALENDAR PETERSON MOVED to approve Consent Calendar Items A through L, with the exclusion of Item M. Clark seconded and the motion carried. A. _Approval of Minutes. (CFN-198) Approval of the minutes of the regular Council meeting of March 16, 2004. B. _Approval of Bills. (CFN-104) Approval of payment of the bills received through February 27 and paid on February 27 after auditing by the Operations Committee on March 16, 2004. 1 Kent City Council Minutes April 6, 2004 Approval of checks issued for vouchers: Date Check Numbers Amount 2/27/04 Wire Transfers 1631-1644 $1,081,296.19 2/27/04 Prepays & 559860 509,328.15 2/27/04 Regular 560174 1,378,585.99 $2,969,210.33 Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on March 16, 2004. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/04 Wire Transfers 1645-1657 $1,308,950.54 3/15/04 Prepays & 560175 332,967.64 3/15/04 Regular 560882 893,378.55 $2,535,296.73 Approval of checks issued for payroll for February 1 through February 15 and paid on February 20, 2004: Date Check Numbers Amount 2/20/04 Checks 275346-275617 $ 200,198.80 2/20/04 Advices 160050-160708 1,179,030.62 $1,379,229.42 Approval of checks issued for payroll for February 16 through February 29 and paid on March 5, 2004: Date Check Numbers Amount 3/5/04 Checks 275618-275904 $ 215,562.48 3/4/04 Interim Check 275905 12005 3/5/04 Advices 160709-161366 1,168,137.24 $1,383,819.77 C. Lodeine Tax Advisory Board Re-Appointment. (CFN-1170) The re-appointment of Vickie Molzer, General Manager of the Hawthorne Suites in Kent was confirmed. D. Christopher Ride Infrastructure Improvements Bill of Sale. (CFN-484) The Bill of Sale for Christopher Ridge submitted by Scott Otey for continuous operation and maintenance of 368 feet of street improvements and 20 feet of storm sewer was accepted. E. Industrial Air Systems Contract. (CFN-120) The Mayor was authorized to enter into an agreement with Industrial Air Systems Inc. for the purchase and installation of the Plymovent Vehicle Exhaust System at Fire Stations 71 and 74, in the amount of$80,000.00. 2 Kent City Council Minutes April 6, 2004 F. King County Cultural Development Authority Grant. (CFN-118) The $3,400.00 grant from King County Cultural Development Authority and authorize the expenditure of funds to support the "Black to My Roots" Cultural presentation was accepted. G. King Countv Community and Human Services/Disabilities Grant. (CFN-118) The $14,000.00 Community and Human Services/Developmental Disabilities Grant from King County was accepted and the expenditure of funds to support the "Access the Future" computer program was authorized. H. State of Washington Military Department, Hazardous Materials Emergency Preparedness Grant Funds. (CFN-122) The grant from the State of Washington Military Department, Department of Transportation in the amount of$3,000 was accepted and the Mayor was authorized to sign the contract. I. Purchase of One Replacement Fire Engine. (CFN-122) The Mayor was authorized to enter into an agreement to purchase a replacement fire engine, subject to approval of the final terms and conditions by the Fire Chief and the City Attorney. J. Professional Services Agreement for Medical Examinations for Fire Department. (CFN-122) The Mayor was authorized to sign Addendum B with HealthForce Partners, Inc., which will extend the current agreement until December 31, 2008 and will increase cost of services by 100% of the CPI-W Seattle-Tacoma-Bremerton annually K. Starwood Final Plat. (CFN-1272) The final plat mylar for Starwood Plat was approved and the Mayor was authorized to sign the mylar. Starwood Enterprises proposes to subdivide approximately 3.19 acres into13 single-family residential lots L. Meridian Ridge Division 2 Final Plat. (CFN-1272) The final plat mylar for Meridian Ridge, Division 2 Plat was approved and the Mayor was authorized to sign the mylar. Schneider Homes proposes to create 26 lots from former Tract B of Meridian Ridge, Division 1. PUBLIC HEARINGS A. Impoundment Reservoir Comprehensive Plan and Initial Zoning Designations, Second Public Hearing. (CFN-745) The Land Use and Planning Board recommended approval of comprehensive plan and initial zoning designations of Urban Separator/SR-1 for the impoundment reservoir property. Presentations and responses to issues which arose at the previous public hearing were presented by the Community Development Department, the Public Works Department and the Deputy City Attorney. Discussion included the history of the project, wetlands, the zoning process, the legislative process, and recommendations, among other things. CLARK MOVED to make the complete files for CPA-2003-2 and ENV-2003-26 Impoundment Reservoir a part of the record. Harmon seconded and the motion carried. After a lengthy question and answer period between the Council and staff, Mayor White opened the public hearing. 3 Kent City Council Minutes Apn16, 2004 The following citizens were opposed to the recommended zoning, citing impacts to wildlife, water systems, and recreation, legality issues,processes used and other issues: Phil Richards 29317 118th Avenue SE Auburn Duane Pederson 30008 118th Avenue SE Auburn Dianne Brooks 29218 118ih Avenue SE Auburn Catherine Hunter 12045 SE 284' Street Kent Kim Hunter 12045 SE 284' Street Kent Luana Richards 29317 118ih Avenue SE Auburn Tom Williams 28624 120 Avenue SE Kent Bruce Bums 28641 132"d Avenue SE Kent Al Hurt 29304 118th Avenue SE Auburn Laura White 11825 SE 288' Street Kent Ron Novak 29226 118th Avenue SE Auburn Tom Holz 6135 Meek Street NW Olympia Jackie DiAgosto 28702 120'h Place SE Kent Mary Williams 28624 124ih Avenue SE Kent Michele McFadden P.O. Box 714 Wauna Russ Jones 11018 SE 322°d Street Auburn Susan Sanders 29415 118ih Avenue SE Auburn John McHugh 12014 SE 288ih Street Kent Brian Derdowski 70 E. Sunset Way Issaquah Bill Marsland 12129 SE 303rd Ct. Auburn Noelle Rogerson 10637 SE 244th Street Kent Duane Heier 29513 118'h Avenue SE Auburn Jude Restis 12025 SE 284ih Street Kent Colin Lund of Triad Associates, representing Yarrow Bay, explained what Urban Separator entails and spoke in favor of Alternative 8. Chris Wright, Soil and Wetland Scientist, 5711 NE 63rd Street, Seattle, stated that although the site is large, it is not pristine, and said that under the law, sensitive areas would be protected. Andy Kindig, 12501 Bel-Red Road, Bellevue,water quality consultant, said the full range of density alternatives would not require any unusual level of planning beyond those currently existing. Richard Wilson, 1221 2°d Avenue, Suite 500, Seattle, attorney representing Yarrow Bay Development, urged the Council to adopt Alternative 8. Brian Ross, Yarrow Bay Development, agreed with the zoning on the north but not the south half. Mike Newman, Associate Superintendent of Schools,Auburn School District, explained the impact to the school district. Noel Gilbrough, 7359 23rd Avenue NW, Ballard, discussed soil and storm water runoff. PETERSON MOVED to close the public hearing. Clark seconded and the motion carried. CLARK MOVED to make the materials received this evening part of the public record. White seconded and the motion carried. 4 Kent City Council Minutes Apn16, 2004 CLARK MOVED to approve Alternative 7B as contained in the memorandum of William Osborne dated January 15, 2004, for the Land Use and Planning Board, and direct the City Attorney to prepare the necessary ordinance. White seconded. After comments by the Councilmembers, the motion carved 4-3 with Clark, Raplee, Thomas and White in favor, and Harmon, Peterson and Ranniger opposed. BIDS A. LID 355 and 356 Sanitary Sewer Imnrovements/LID 357 Sanitary Sewer and Water Improvements. (CFN-1279,1280&1284) The bid opening for this project was held on March 25, 2004, with 13 bids received. The low bid was submitted by King Construction Co., Inc. in the amount of$943,146.95. The Engineer's estimate was $1,127,372.55. WHITE MOVED that the LID 355 & 356 Sanitary Sewer Improvements and LID 357 Sanitary Sewer &Water Main Improvements contract be awarded to King Construction Co., Inc. in the amount of$943,146.95 Clark seconded and the motion carried. REPORTS Council President. (CFN-198) Clark noted for Peterson that the Suburban Cities quarterly dinner will be held in Tukwila and Council members should make plans through Administration. ADJOURNMENT At 11:00 p m., WHITE MOVED to adjourn. Harmon seconded and the motion carved (CFN-198) it (�J Atl- Brenda Jacober, C City Clerk 5 Kent City Council Meeting Date April 20, 2004 Category Consent Calendar I. SUBJECT: STAR MEADOW FINAL PLAT—ACCEPT 2. SUMMARY STATEMENT: Approve and authorize the Mayor to sign the final plat mylar for Star Meadow. Mike Singh proposes to subdivide approximately 3 acres into 14 single-family residential lots. The property is located at 26525 114"' Avenue Southeast. 3. EXHIBITS: Memo with conditions and map 4. RECOMMENDED BY: Community Development Dept. Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KEN T Charlene Anderson,AICP, Manager WASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: April 12, 2004 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JULIE PETERSON AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP,PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: STAR MEADOW FINAL PLAT (#FSU-2001-2/KIVA#2032810) MOTION: Approve the final plat mylar for Star Meadows and authorize the Mayor to sign the mylar SUMMARY: Mike Singh proposes to subdivide approximately 3 acres into 14 single- family residential lots The property is located at 26525 114"' Avenue SE BUDGET IMPACT: None BACKGROUND: On December 19, 2001, the King County Hearing Examiner issued a Report and Decision granting preliminary approval of a 14-lot single-family residential subdivision, with 11 conditions The applicant has complied with the conditions required prior to recording S 1Permrt\P1an11ongplats\2 00 112 03 2 8 1 0-FSU-2001-2cc DOC Enclosure King County Hearing Examiner Report and Decision rvrYrls �rsr �� sYrl 1 �� I T '�'� tiu�a�au�6ug r� MOpY31tNV1Sd7tY'id AIYlYkANYNOIHLd tae � i3J`� SE % ijR�B �Q 7 a °gal !v p�iyl ■ i Joe le7YQ r3jig r g s;a�Il a� ; B E� I� a ��! 1: 11p 3QQsi 1;:1,31IRSQY I;H Q t rn tl '• °' �_- -1T04 -'• of .- -_- - _ — , —; Lu -� 4 var rsrsz—_---_ ` I r r 3 I •k•� y�y81 r'�it r' / ��_ / ' • •I/ ,' .* i•/'. it "Y H1Z{I Z 1 �' r 'f ppj •W j �� a a ;Pr L. i I�• 0 +s _. t RECEIVED ga ;AU6 13 20011 ,^ d'' PERMIF CENTER OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND DECISION FILE NO: STARMEADOW #SU-2001-2 KIVA#2012649 APPLICANT: MIKE SINGH REQUEST: A request to subdivide approximately 3.18 acres into 14 single-family residential lots. LOCATION: The property is located at 26525 1141" Avenue SE APPLICATION FILED: August 13, 2001 DETERMINATION OF NONSIGNIFICANCE ISSUED: October 26, 2001 MEETING DATE- December 5, 2001 DECISION ISSUED: December 19, 2001 DECISION: APPROVED with conditions STAFF REPRESENTATIVE- Kim Marousek, Planning Services Damien Hooper, Planning Services Len Olive, Public Works PUBLIC TESTIMONY- Robert Balmelli, representing applicant EXHIBITS: 1. Hearing Examiner file containing, Mitigated Determination of Nonsignificance, Notice of Public Hearing, application and staff report. construct o r b and a pproved s ewer, water, d rainage, a nd s tormwater t reatment systems and grading, TESC, and street improvement plans; create a homeowner's association, restrict lots 8, 9, 10, 11 and 14 as being solely accessible by the northern private street and lots 1, 2, 3, 4, and 5 as being solely accessible by the southern private street; deed public nghts-of-way and convey all easements; relinquish easement rights; and 3) prior to issuance of a building permit, deliver as-built drawings, provide residents information about mass transit in the vicinity, use and disposal of household hazardous wastes; and control dust generated during construction. Exhibit 1, Staff Report, pages 10, 11, 12, 13, 14, 15, 16, 17, & 18. 16. The City did not receive any public comment on the application 17 KCC 12.04.665 requires the City to mail, publish, and post notice of the public hearing on the same day, not less than ten days prior to the hearing date. KCC 12.04.665(B). The City published the notice of hearing in the South County Journal on November 21, 2001, mailed the notice on November 16, 2001, and posted the notice on the subject property.a Exhibit 1, Attachment 3, Public Notice and Mailing. CONCLUSIONS Jurisdiction The Hearings Examiner has jurisdiction to hold a hearing on this application; to consider all evidence presented at the hearing; and, based on that evidence, to approve, disapprove or approve with conditions the preliminary plat application KCC 12.04; KCC 2.32; RCW 58 17. Criteria for Review The decision of the Hearings Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this decision, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include the following: The City did not indicate the date of posting of notice, however,the Hearings Examiner assumes it was on or prior to November 21, 2001,when the Acting Planning Manager signed the affidavit of posting Exhibit 1, Attachment 3 Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 6 A. Under KCC 12.04.635, no subdivision shall be approved unless the subdivision 1. Creates legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establishes access to a public road for each segregated parcel, 3. Has suitable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; 4. If adjacent to another municipality or King County, takes into consideration the subdivision standards of that Jurisdiction as well as the requirements of this chapter; 5. Makes adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; and 6. Makes adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B. Under KCC 12 04.685(A), a proposed subdivision and dedication shall not be approved unless the city finds that: 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat, C. Open spaces; d. Community parks and recreation; e. Neighborhood tot lots and play areas; f. Schools and school grounds; g. Dramageways; h. Stormwater detention; i. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Transit stops; I. Potable water supplies, m. Sanitary wastes; n Other public utilities and services, as deemed necessary; and Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 7 2. The city has considered all other relevant facts; and 3 The public use and interest will be served by the platting of such subdivision and dedication; and 4 The city has considered the physical characteristics of a proposed subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions, slope, or sod stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. C. Prior to approval of a proposed subdivision and dedication, RCW 58.17.110 requires a determination that "(a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the p ublic u se a nd i nterest w ill b e s erved b y t he p lattmg o f s uch subdivision and dedication." Conclusions Based on Findings 1 Development on all lots in the proposed subdivision would be subject to Zoning Code requirements for development in the SR-6, Single Family Residential zoning district. The Applicant proposes to subdivide 3.18 acres into 14 lots for a density of 4 units per acre, which would comply with the maximum density allowance in the zone. Findings of Fact Nos. 1, 3 & 4. 2 The Applicant proposes to construct a public street to connect with 112"' Avenue SE that would provide access to lots 6, 7, 12, and 13; a private access easement to provide access to lots 1 , 2, 3, 4 , a nd 5; and a private access easement to provide access to lots 8, 9, 10, 11, and 14. Each parcel would have street access. Finding of Fact No. 6. 3. The City has considered the physical characteristics of the proposed subdivision site and has determined that no impacts from flood, inundation, or wetland conditions; slope, or soil stability and/or capabilities exist on site. Finding of Fact No. 9. 4 The subject property is not adjacent to another municipality or King County. Finding of Fact No. 2. Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 8 5 As conditioned, the proposed preliminary plat would make adequate provision for stormwater detention, drainage ways, water supplies, sanitary wastes, and other public utilities and services; as well as for the connectivity of streets, alleys, pedestrian access ways and other public ways. The Applicant did not provide signed certificates of water and sewer availability. A condition is necessary to ensure that water and sewer facilities are available. Findings of Fact Nos. 5, 6, 7. 6. Connectivity of streets and pedestrian access ways within and between subdivisions and neighborhoods is provided with the proposed plat. The Applicant proposes to construct a public street intersecting with 112`h Avenue SE, and extending to the northeast. The street would connect with the proposed subdivision to the north and 114ih Avenue SE. The Applicant proposes to provide s idewalks. T he A pplicant d id n of s tate w hether t he p roposal i ncluded curbs, gutters, streetlights, and landscaping. A condition is necessary to ensure that the street improvements meet safety standards. Finding of Fact No 6. 7. As conditioned, the proposal makes adequate provision for the public health, safety, and welfare. Findings of Fact Nos. 4 & 13. 8. The subject property does not contain any environmentally sensitive lands or wetlands. Finding of Fact No. 9. 9. The Applicant does not propose to provide any open spaces, community parks, or play areas. The Applicant proposes to pay a parks and recreation mitigation fee in lieu of dedicating park space. Finding of Fact No. 10. 10. The Applicant proposes to pay a school impact fee for each lot in the proposed preliminary plat to mitigate impacts on the school district. Finding of Fact No. 11. 11. The subject property is served by METRO transit on Kent-Kangley Road, approximately '/. mile to the north. Finding of Fact No. 12. 12. The proposed plat of the subject property is consistent with the goals and policies of the Comprehensive Plan, which encourages residential development in locations near existing urban growth and infrastructure that can support the development. The city has considered all other relevant facts and determined that the public use and interest would be served by the Applicant's proposed plat. Findings of Fact Nos. 1-16. 13. With conditions, the preliminary plat application meets the criteria for approval as established by the Revised Code of Washington and the City Council of Kent. Findings of Fact Nos. 1-16. Hearing Examiner Findings and Decision . Starmeadow #SU-2001-2 KIVA#2012649 Page 9 DECISION Based upon the preceding Findings of Fact and Conclusions, the Hearings Examiner recommends this application for preliminary plat alterations be APPROVED, subject to the following conditions: A. GENERAL CONDITIONS OF APPROVAL The owner/subdivider shall implement all mitigation measures required by the mitigated Determination of Nonsignificance for the proposed Starmeadow preliminary subdivision, File #ENV-2001-47. B. PRIOR TO RECORDATION OF THE FINAL PLAT 1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner / Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: + a. A gravity sanitary sewer system to serve all lots. The City sanitary sewer system shall be extended from the existing City s anitary s ewer s ystem a nd s hall b e s ized t o s erve a II o ff-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home(s) within the proposed plat - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. The City water system shall be extended from the existing City water system and shall be sized to serve all off-site properties within the same service area; in addition, the water main extension shall be extended across the entire subdivision as needed to serve Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 10 adjacent properties within the same service area, unless otherwise determined by the water purveyor. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. Detailed Drainage Plans meeting the requirements of the City of Construction Standards, and City of Kent Development Assistance Brochure #5-3, Detailed Drainage Plans. Initial guidance is given in the conditions which follow: (1) The Owner / Subdivider shall construct an on-site public detention / retention pond system in accordance with the Kent Construction Standards to mitigate for potential impacts to both stormwater runoff quantity and quality. This pond shall be constructed within a public stormwater management tract. The detention / retention pond storage volume and release criteria shall be that for the HILL; the pre- development condition shall be assumed to be grass only unless otherwise determined by the Department of Public Works. (2) As development occurs within this subdivision, roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to Roof Downspout Infiltration Trenches, or Perforated Stubouts, meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #5-5, , Roof Downspout Infiltration Trench Systems, Downspout Dispersion System, and Perforated Stubout Connections. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved conveyance system. The Detailed Drainage Plans will include an approved detail for the Roof Downspout Infiltration Trench, or Perforated Stubout, and will provide for private stormwater stubouts to each lot for future connection from the Roof Downspout Infiltration Trenches, or Perforated Stubouts. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION TRENCH (PERFORATED STUBOUT) Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 11 SYSTEMS PER DETAILS SHOWN ON THE APPROVED STORMWATER PLANS. (3) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality from the point of discharge from the site downstream a distance of at least one quarter mile or to the point where stormwater discharges to the maintained portion of the City of Kent stormwater drainage system, whichever distance is further. See City of Kent Development Assistance Brochure #5-4, Downstream Analyses, for the specific information required for downstream analyses. (4) If determined necessary by the Public Works Department, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (5) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the detention facility to the Planning Department and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Detailed Drainage Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within City of Kent Development Assistance Brochure #5, Landscape Plans. Landscape Plans are not to be used to show required Street Trees. (6) The Owner / Subdivider shall execute Declaration of S tormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See City of Kent Development Assistance Brochure #5-17, Declaration of Stormwater Facility Maintenance Covenants, for information on what is contained within this document. d. An open-to-the-air public stormwater treatment system in accordance with the requirements of the Kent Construction Standards, and published City of Kent Development Assistance Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 12 Brochures dealing with stormwater treatment, to mitigate for potential impacts to stormwater runoff quality. Acceptable stormwater treatment facilities meeting this requirement in their preferred order include: infiltration after pretreatment; biofiltration swales; wet ponds; extended detention ponds; and created wetlands. See City of Kent Development Assistance Brochures #5- 1, through #5-15, for additional information on stormwater treatment requirements. (1) The stormwater treatment system shall be within the approved public stormwater management tract. (2) Easements for biofiltration swales across private lots will not be acceptable to meet this requirement. e. A Detailed Grading Plan for the entire subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. (3) The Owner / Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Code, and City of Kent Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance of any Construction Permits for the subdivision f A Temporary Erosion / Sedimentation Control Plan for the entire subdivision meeting the requirements of the City of Kent Construction Standards, and the most recent version of the Stormwater Management Manual for the Puget Sound Basin. These plans must reflect the Detailed Grading Plan discussed above, and the Planning Department approved Detailed Tree Plan. Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 13 g. Street Improvement Plans for the new Residential Street which will eventually connect 1140' Avenue Southeast to 112'h Avenue Southeast. The Street Improvement Plans for this street shall be designed in conformance with the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements, for an asphalt street 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined curbs & gutters, a 5-foot wide planter strip, and 5- foot wide cement concrete sidewalks on both sides of the street. (2) A minimum of 28-feet of asphalt pavement, as measured from face of curb to face of curb. (3) A street lighting system designed, constructed and maintained by the IntoLight Division of Puget Sound Energy; electrical bills shall be paid for by a Home Owner's Association. (4) A public stormwater drainage system, including provisions for conveyance, detention, and treatment facilities. (5) Curb return radii of 25-feet at the intersection of the subdivision street and 112t' Avenue Southeast, unless curb bulb-outs are required by the Department of Public Works as a traffic calming device (6) Horizontal curves with centerline radii of no more than 100- feet, with a minimum 50-foot tangent length between adjacent horizontal curves. (7) Vertical curves with a K value of no less than 12 for crest vertical curves; and with sag vertical curve lengths no less than required by the AASHTO comfort curve: L = AV2 / 46.5; where L = minimum length of vertical curve in feet, A = percent algebraic difference in grades, and design speed V = 25 mph. (8) Engineering drawings, both in plan view and in elevation views, showing that the minimum sight distance requirements contained within A Policy on Geometric Design Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 14 of Highways and Streets, 2001, AASHTO is met for the new Residential Street intersection with 112"' Avenue Southeast. (9) Street Trees installed within the 5-foot wide planting strips constructed b etween the back of curb a nd t he f ront of the cement concrete sidewalk. These Street Trees will be located at least 30-feet from street lights, and the species shall be selected from the Approved Street Tree List maintained by the Department of Public Works. h. Street Improvement Plans for the two new Private Residential Streets connected to the new public Residential Street. The Private Street Improvement Plans for these streets shall be designed in conformance with the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a private street at least 20-feet wide. Initial guidance for these street improvements is given below: (1) A minimum of 20-feet of asphalt concrete pavement. (2) A 5-foot wide vertically or horizontally separated sidewalk constructed along one side of the street. (3) An approved cul-de-sac, or turnaround at its terminus, unless this requirement is waived by the City Fire Marshal. (4) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (5) Unless additional asphalt concrete pavement width is provided for parking, all minimum width private streets in this subdivision shall have pavement markings and traffic signs installed which clearly designate these private streets as Fire Lanes, where no parking will be permitted. (6) Each Private Street shall be centered within a private roadway tract that is at least 4-feet wider than the combined width required to construct the asphalt street and sidewalk. Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 15 3. The Owner / Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their requirement to pay for the provided street lighting system. The Home Owner's Association documents will also include provisions for the maintenance of the private streets created to serve this subdivision Those sections of the required document written to govern that association as they relate to the IntoLight Division of Puget Sound Energy street lighting systems, and the maintenance of private streets, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 4. The Private Street serving Lots 8, 9, 10, 11, and 14 shall be clearly labeled as the sole direct vehicular access point to and from the new City Residential Street for these lots by requiring the following restriction to appear on the face of the recorded plat: RESTRICTION- DIRECT VEHICULAR ACCESS TO AND FROM LOTS 8, 9, 10, 11, AND 14 IS RESTRICTED TO THE PRIVATE STREET SHOWN ON THE APPROVED PLAT. NO DIRECT VEHICULAR ACCESS FOR THESE LOTS WILL BE PERMITTED AT ANY OTHER LOCATION ALONG THE PUBLIC STREET. 5. The Private Street serving Lots 1, 2, 3, 4, and 5 shall be clearly labeled as the sole direct vehicular access point to and from the new City Residential Street for these lots by requiring the following restriction to appear on the face of the recorded plat: RESTRICTION: DIRECT VEHICULAR ACCESS TO AND FROM LOTS 1, 2, 3, 4, AND 5 IS RESTRICTED TO THE PRIVATE STREET SHOWN ON THE APPROVED PLAT. NO DIRECT VEHICULAR ACCESS FOR THESE LOTS WILL BE PERMITTED AT ANY OTHER LOCATION ALONG THE PUBLIC STREET. 6. The Owner / Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. The City will entertain the vacation of the extra public right- of-way existing at the southwest comer of this subdivision concurrently with the approval of the street intersection plans for this subdivision. 7. To conform to the City's Access Management Policies and Standards, the Owner / Subdivider shall relinquish any and all rights that may be held by the property owner of this proposed plat to the two 30-foot wide easement Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 16 that lay across, upon and under the north and south 30 feet of that property identified as Assessor's Parcel Number 292205-9054; otherwise known as the City of Kent Reservoir site. 8. The Applicant shall provide proof of water and sewer availability prior to final plat approval. C. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE FOR A BUILDING PERMIT ON THE STARMEADOW PLAT: 1. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Bu►ft Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site Improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 2. The property owner shall provide to residents of each lot information on mass transit opportunities in the vicinity of the site and about the safe use and disposal of household hazardous wastes, including motor oil, in order to minimize surface water pollution. The Kent Planning Department shall provide the property owner with sample Information brochures that may be distributed or made available to residents to satisfy this condition. 3. Dust generated during construction activities on all lots shall be controlled by wetting dust sources such as areas of exposed soil, washing truck wheel before they leave the site, and installing and maintaining gravel construction entrances. Construction vehicle track-out onto public rights- of-way is a violation subject to fines from the Washington State Department of Ecology, the City of Kent, and/or the Puget Sound Clean Air Authority. Dated this 19t' day of December, 2001 THEODORE PAUL HUNTER Hearing Examiner ch•S.\Permit\Plan%iongplats\2001\2012649-2001-2findmgs.doc Hearing Examiner Findings and Decision Starmeadow #SU-2001-2 KIVA#2012649 Page 17 K Meeting ent City Council Date Apri120, 2004 Category Consent Calendar 1. SUBJECT: IMPOUNDMENT RESERVOIR COMPREHENSIVE PLAN AND INITIAL ZONING ORDINANCES—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. which establishes the Impoundment Reservoir Annexation Area comprehensive plan designations of Urban Separator (US) and Single Family, 3 units per acre (SF-3), and zoning designations of Single Family Residential, 1 unit per acre (SR-1) and Single Family Residential, 3.63 (SR-3). 3. EXHIBITS: Ordinance . 4. RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes_ No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to and implementing comprehensive plan and zoning designations for the impoundment reservoir property located at the northwest corner of the intersection of 1241h Avenue Southeast and South 304`h Street RECITALS A On September 1, 1987, the Kent City Council adopted Ordinance No 2743, effective on September 9, 1987, approving the annexation of the impoundment reservoir site (the "Annexation Area") into the City of Kent. The Annexation Area is approximately 156 acres of land located at the northwest corner of the intersection of 124`h Avenue Southeast and South 304`h Street, and is more particularly described in Exhibit A attached to this ordinance. B. The City acquired ownership of the Annexation Area with the intent to construct an impoundment reservoir to supplement the City's water supply Gwen its intended use, comprehensive plan and zoning designations for the Annexation Area were not analyzed at the time of annexation Subsequent federal, state, and local regulations, however, caused the City to modify its original plans for the Annexation Area, including complete relocation of the reservoir facility to the uplands portion of the property and complete redesign of the facility. The relocation and redesign, compounded by a new regulatory framework, caused the projected costs to construct the impoundment reservoir project to increase dramatically. 1 Impoundment Reservoir Site Comprehensive Plan and Zoning Designations C. As an alternative to the impound reservoir, the City was provided an option to purchase a portion of the City of Seattle's share of a new City of Tacoma water supply project. The amount of water made available by exercising this option met or exceeded the projected supply source from the proposed impoundment reservoir project, cost less, and provided a more dependable source of water supply On October 21, 2003, the City Council passed Resolution No. 1657, declaring that the impound reservoir site was surplus to the City's needs and was not required for providing continued public utility service Once surplused, analysis of the comprehensive plan and zoning designations for the Annexation Area was then necessary On January 6, 2004, the City Council adopted Resolution No. 1663, resolving that the comprehensive plan designation for the Annexation Area is an issue of community-wide significance that promotes the public health, safety, and general welfare of the citizens of Kent in accordance with section 12 02.010 of the Kent City Code. D. The Washington State Environmental Policy Act (SEPA) requires that comprehensive plan and zoning designations be reviewed as to their potential environmental impact. On January 16, 2004, the City of Kent issued an Addendum to the Environmental Impact Statement that was prepared for the Kent Comprehensive Plan (the "Addendum") This Addendum analyzed the potential impact of various comprehensive plan and zoning designations for the Annexation Area. E. The Land Use and Planning Board held workshops and conducted two public hearings on January 26, 2004, and on February 23, 2004, regarding the adoption of comprehensive plan and zoning designations for the Annexation Area. F. The City Council also held workshops and conducted two public hearings on the comprehensive plan and zoning designation for the Annexation Area. The first public hearing was held on March 2, 2004, and the second public hearing was held on April 6, 2004. 2 Impoundment Reservoir Site Comprehensive Plan and Zoning Designations i G. During the April 6, 2004, City Council meeting Council adopted comprehensive plan designations of Urban Separator (US) for approximately the south 91 acres and Single Family Residential, three units per acre (SF-3), for approximately the north 65 acres of the Annexation Area. These designations are depicted in Exhibit B attached At the same time, Council adopted zoning designations of Single Family Residential, one unit per acre (SR-1), for approximately the south 91 acres and Single Family Residential, 3.63 units per acre (SR-3), for approximately the north 65 acres of the Annexation Area. These designations are depicted in Exhibit C attached. The January 16, 2004, Addendum analyzed the comprehensive plan and zoning designations inclusive of those adopted by the Council. H. Council acknowledged during the April 6, 2004, meeting that the Annexation Area is within the Urban Growth Area, but adopted the above comprehensive plan and zoning designations due to the environmentally sensitive • systems that exist within the Annexed Area. There is a large highly classed wetland that drains into salmonid habitat and forms the headwaters of Olsen Creek The Urban Separator designation creates open space corridors within and between urban areas which provide environmental, visual, recreational and wildlife benefits. I� NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. ORDINANCE SECTION 1. — Comprehensive Plan Designation For the Annexation Area legally described in Exhibit A, incorporated herein, the comprehensive plan designations of Urban Separator (US) for approximately the south 91 acres and Single Family Residential, three units per acre (SF-3), for approximately the north 65 acres shall be established as depicted in Exhibit B incorporated herein. These 3 Impoundment Reservoir Site Comprehensive Plan and Zoning Designations designations are in accord with Chapter 12.02 of the Kent City Code and RCW 36.70A.130. SECTION 2. — Zoning Designation. For the Annexation Area legally described in Exhibit A, the zoning designations of Single Family Residential, one unit per acre (SR-1), for approximately the south 91 acres and Single Family Residential, 3 63 units per acre (SR-3), for approximately the north 65 acres shall be established as depicted in Exhibit C incorporated herein. These designations are in accord with Section 15.09.055 of the Kent City Code and Chapter 36.70A RCW. SECTION 3. — Severability. If any one or more section, 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 4. — Effective Date. This ordinance shall take effect and be in force thirty (30) from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Impoundment Reservoir Site r� Comprehensive Plan and Zoning Designations i PASSED: day of 2004. APPROVED: day of 2004 PUBLISHED: day of 2004. 1 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\Civil\ORDINANCE%ImpoundResewoir-CompPlanAmend do i 5 Impoundment Reservoir Site Comprehensive Plan and Zoning Designations EXHIBIT A PARCEL A: The south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the east 194 feet of the north half of said south half of the southeast quarter; ALSO EXCEPT that portion thereof lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The northeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7501270237; AND The north 3 acres of Tract 9, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page loo, in King County, Washington. PARCEL B: Tract 9; EXCEPT the north 3 acres, and Tract 10; EXCEPT the south 120 feet thereof, all in The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington. PARCEL C: The southeast quarter of the southwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7411040248; ALSO EXCEPT that portion thereof lying within the right of way of Southeast 304tb Street; ALSO EXCEPT that portion thereof conveyed to King County for road Purposes by deed recorded under Recording Number 6027009; ALSO EXCEPT that portion thereof described as follows : Beginning at the intersection of the west line of said subdivision and the northerly margin of Southeast 304t2' Street; Thence north 0101815611 east, along the west line thereof, a distance of 700.00 feet; Thence south 75038901/, east a distance of 472.02 feet; Thence south 23016116" east a distance of 664.25 feet to the northerly margin of said Southeast 304tb Street; Thence north B705211611 west, along said northerly margin, a distance of 750.00 feet to the point of beginning. EXHIBIT "A" Page 1 of 3 PARCEL D: Lot 3 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124`s Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL E: Lot 2 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124tb Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL F: Lot 4 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124u' Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL G: Government Lot 3, Section 4, Township 21 North, Range 5 East, W M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124`h Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402; ALSO EXCEPT therefrom the following described tract: Beginning at the northeast corner of the above described property, being the TRUE POINT OF BEGINNING of the exception herein described; Thence west, along the north line of said Lot 3, a distance of 255.00 feet; Thence south, parallel with the east line of said Lot 3, a distance of 272.00 feet; Thence east, parallel with the north line of said Lot 3, a distance of 100.0 feet; Thence south, parallel with the east line of said Lot 3, a distance of 114.00 feet; Thence east, parallel with the north line of said Lot 3, a distance of feet; Thencence no north, parallel with and 30.00 feet from the east line of said Lot 3, a distance of 387.00 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A" Page 2 of 3 PARCEL H: Lot 1 of King County Short Plat Number 780014, recorded under Recording Number 8101150681, being a portion of the north half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion of said north half lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deed recorded under Recording Number 7409040402. PARCEL I: Y That portion of the south half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said tract; Thence north, along the east line thereof, a distance of 50.00 feet to the TRUE POINT OF BEGINNING of the line herein described; Thence in a northwesterly direction in a straight line to a point on the north line of the south half of said tract, which point lies 135.00 feet west of the east line of said tract, being the terminus of the line herein described. PARCEL J: The east 194 feet of the north half of the south half of the southeast quarter of the northwest quarter of Section 4, Township 21 North, Range 5 East, W.M. , in King County, Washington; EXCEPT that portion thereof lying within the right of way of 124th Avenue Southeast, the westerly margin of which was established by deeds recorded under Recording Number 7412300186 and 7412300187. PARCEL K: That portion of the north half of Tract 11, The Sound Trustee Company's Third Addition, according to the plat thereof recorded in Volume 13 of Plats, page 100, in King County, Washington, lying easterly of the following described line: Beginning at the southeast corner of said north half; Thence west, along the south line of said north half, a distance of 135.00 feet to the TRUE POINT OF BEGINNING of the line herein described; Thence in a northwesterly direction in a straight line to a point on the north line of said tract, which point lies 313.36 feet west of the northeast corner of said tract and is the terminus of the line herein described. PARCEL L- The east half of the south 120 feet of Tract 10, Sound Trustee Company's Third Addition, according to the plat thereof recorded in volume 13 of Plats, page 100, in King County, Washington. EXHIBIT "A" Page 3 of 3 EXHIBIT B -- - _ � c � rn =1.18-AVM cn Ln cr W — 0 O � � fD C O � � -- G t O S W — O $ - 124 AVE SE- - a Ln O " O i - - � cCD CD rn CL--- '7 - c as -- � m � L �( -- -- - --- N fD C CD 0 T. 3 rtm to �D •G o c 0 O N � _ T w CD 3 = m r.p fop o � M � N fD .�z• EXHIBIT C cn m - _ - -'— —_ --- 1-98AV A --- -- - cn N N O � O N 1 � O T o -- - - — 124"E SE- o �'1 o v 0 - m ' rn - cr --=43ZAVE-SE=- - ----- 0 - p U) m CDm �v3 ,a S* N (D -p •C 0 D � mm � pto 0 Q X W m o 1 3 = = m Kent City Council Meeting Date April 20, 2004 Category Consent Calendar 1. SUBJECT: DISPOSAL OF SURPLUS VEHICLES AND EQUIPMENT— AUTHORIZE 2. SUMMARY STATEMENT: Authorize the City Council to declare the equipment and vehicles no longer needed by the City as surplus and authorize staff to appropriately dispose of the equipment as described and listed in the memo. 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director Phone 253-856-5500 Fax 253-856.6500 K EN T Address 220 Fourth Avenue S WASH IN GTGN Kent,WA 98032-5895 DATE: March 9,2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom,Public Works Director THROUGH: SUBJECT: Vehicle and Equipment Surplus MOTION: Recommend that the City Council authorize staff to appropriately dispose of the equipment as described in this memorandum and listed below. SUMMARY: The listed vehicles/equipment comply with current replacement policy guidelines and have been replaced The equipment will be sold at auction or sold to smaller cities. BUDGETIMPACT. The monetary returns from the auction will be incorporated into the fleet internal services reserve fund This is a positive budget impact. BACKGROUND: Veluc i m nt le/E u e List. q P 3173 1997 Kawasaki Police Motorcycle, KZ1000, s/n JKAKZCP2XB515469, 39,529 miles This motorcycle was replaced in 2003. It has a worn drive train and repair costs have continued to escalate. The City of Milton would like to purchase this vehicle to use in their motorcycle training program. 3175 1997 Kawasaki Police Motorcycle, KZ1000, s/n JKAKZCP29VB515463, 28,803 miles miles. The motorcycle was replaced in 2003. There have been major shorts in the electrical harness. The City of Milton would like to purchase these vehicles to use in their motorcycle training program. 3191 1999 Ford Crown Victoria, s/n 2FAFP71W4XXI55511, 98,432 miles This vehicle was replaced and removed from service in 2003. The velucle has shown increased evidence of transmission problems. 3203 1999 Kawasaki Police Motorcycle,KZ1000, s/n JKAKZCP26XB517190, 25,225 miles. The motorcycle was replaced in 2003 There have been major shorts in the electrical harness. The City of Milton would like to purchase these vehicles to use in their motorcycle training program. Mayor White and Kent City Council 1 Surplus Vehicle/Equipment P/Operations/Fleet/Surplus/surplus memo-3_9_04 doc 5329 1999 John Deere GS 45 Commercial Mower, s/n M04420X012309, 200 hours. This mower has been well used by the Storm Vegetation division and was replaced and removed from service on 2/5/2004. 5345 1985 Cushion Cut Concrete Saw, s/n 6142874, 1502 hours. The concrete saw has seen 19+years of service with the Street Division and is completely worn out. It will need to be rebuilt to continue operation. Parts are difficult to find. This vehicle was replaced and removed from service on 2/4/2004. 5411 1997 Kawasaki ATV 4 Wheeler, s/n JKALF8C14TB549315, 650 hours. This vehicle was used by the Water Division,Vegetation crew for fence construction and fence patrol on remote city property sites. It has been rebuilt twice over the past two years and now needs another rebuild to continue operation. It was replaced and removed from service on 2/612004. Back Seats for Ford Crown Victoria vehicles. We have 22 rear seats complete with seat belts and 6 complete rug kits. These seats were replaced with the hard prisoner restraint seats when the vehicles were rebuilt as police units. We will be calling cab companies to get a best offer for the sale of these parts. Obsolete parts. Various parts originally purchased years ago for repair and routine service of vehicles no longer in the fleet system. Parts companies are not interested in restocking these parts. The parts were determined obsolete prior to 2001 and can no longer be identified by current parts staff. The area has long needed clean-up to make room for current parts and storage. Mayor White and Kent City Council 2 Surplus Vehicle/Equipment P./Operations/Fleet/Surplus/surplus memo-3_9_04 doc Kent City Council Meeting Date April 20, 2004 Category Consent Calendar 1. SUBJECT: CONDEMNATION ORDINANCE FOR UPPER MERIDIAN VALLEY CREEK IMPROVEMENTS PROJECT—ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. providing for condemnation of property rights for a portion of three (3) parcels of real property located northeast of the intersection of Southeast 240th Street and 132nd Avenue Southeast as are necessary for reconstruction of a storm drainage culvert for the Upper Meridian Valley Creek Improvement Project. The ordinance also provides for payment to be made out of the Upper Meridian Valley Creek Improvement Project fund, and authorizes the city attorney to prosecute the appropriate legal proceedings, and enter into settlements, stipulations, or other agreements. 3. EXHIBITS: Public Works Director's memorandum and ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E.,Public Works Director • Phone-253-856-5500 K E N T Fax. 253-856-6500 W ASHINdt ON Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: March 31, 2004 TO: Mayor White and Kent City Council FROM: Don Wickstrom,Public Works Director SUBJECT: Condemnation Ordinance for Upper Meridian Valley Creek Improvement Project MOTION: Recommend authorization to adopt Condemnation Ordinance # for obtaining needed temporary construction and permanent easements for location of a storm drainage culvert for the Upper Meridian Valley Creek Improvement Project. SUMMARY: In order to construct the culverts for the Upper Meridian Valley Creek Improvement Project, it is necessary to acquire easements and right-of-way from three property owners We have completed acquisition of two of the parcels, however, for the property included in this ordinance, the negotiation process has not been successful. An initial offer letter has been sent to the affected property owner. This ordinance provides the mechanism to proceed, if necessary, to condemnation on this property The City will continue making good-faith negotiations with the owner. BUDGET IMPACT- No Unbudgeted Fiscal/Personnel Impact BACKGROUND: This flood control and habitat enhancement project was inherited from King County when the City annexed the area in 1997. King County had previously purchased a permanent easement from this property owner for the culvert. However, upon review of the easement by the city's construction and legal departments, it has been deemed inadequate to provide sufficient area to reconstruct this culvert. Due to a limited window of construction permitted by the U S. Army Corps of Engineers and the Washington Department of Fish and Wildlife and a hostile property owner, it may be necessary to condemn the required property to be able to construct the entire project this year. 4 , , , a , Y � 4 N i 000 y 1� , ,p IC` _, x I r e, �c r ° N LARK L KE o s / 1 127114 FL 5 ' 1d r' w 132ND AVE SE =1 1 m 0 r N n c- I / rp" m C rn —4 r- om D 1 O rn , , i x,x 7 1 0 e, 4 � SppS ` r Q R •r i3 !J Ap 4 0, :a! d #4 "M If RILM h LOT B � W � AO AC Q V ( ► �s� 1 Z0 LOT �{ _ JJ/ed _ '• CV s VMS SOP s aq s M s s e0, M e :�6 e .,p y 8A� 1A Z SE, a' JO N/ea R .ie -asN fi S o LOY K 708100988 SP 170032(R) i of Z e $ p tik9 � V �' _ N a s•asw LOT3 SLOT 4 _ S � e « 1 ygp206,�1 ��d _ LOT P S 3� ,igv`�.ty 1 ySola o 14, Q` r bra 3 4� �5 1A® s° v •so-si N: - -sx iS - xSlfi L�fN fwiaq Y/1 -te C us aa5 - 1GOdYD/o7a �w- DL e LUIS n4si s SE 940TH ST 132a%.# ``� PACIFIC NORTHWEST TITLE COMPANY N Order No IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the Iand indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. 4 YNVW wm"%7rt TaN imGrl WJ I411W Y! y SE 1/4 SWT 14 T 22N R 5E a [[ m �i cvervu�Lxvz� - � � k .n e. _l)ZaO.A rtysk-7 __ --- at _ ry 14 v A LI>Fw mai<aa_.anwl rr_ I g O00 OCO 0 0 0� 0 6 O 00 O m< a 1 g 8 a € . €� 9 RE 6$ Rt Fz € a TO mya. _ 3D------ oo �� 4�q jR FFR i k b84'�'101kEs'JtkziLBR n� � $$ QQ g s � NQg e ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, providing for the acquisition of a portion of three parcels of real property located northeast of the intersection of S E. 240th St. and 132nd Ave. S E for the purposes of reconstruction of a storm drainage culvert on Upper Meridian Valley Creek and/or property rights in order to reconstruct the storm drainage culvert for the Upper Meridian Valley Creek Improvement Project, providing for the condemnation, appropriation, taking, and damaging of such surface and aerial property rights as are necessary for that purpose; providing for the payment thereof out of the Upper Meridian Valley Creek Improvement Protect fund (Fund No D20027.64140.220); directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations or other agreements, and acknowledging that all of said property is located within King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. I ORDINANCE SECTION 1. After hearing the report of City staff, and after reviewing the planned improvements for the Upper Meridian Valley Creek Improvement Project (the "Project"), the City Council finds and declares that the public convenience, use, 1 Upper Meridian Valley Creek Improvement Project Condemnation Ordinance health, safety, and necessity demand that the City of Kent condemn, appropriate, take, and damage portions of certain real property located in King County, Washington, in order to acquire the necessary real property and/or property rights for the construction of the Project, including all necessary appurtenances. The property affected by this ordinance is legally described in Exhibit A, attached and incorporated by this reference (the "Property"). The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, reconstruction, and restoration of the Project, and any other municipal purpose that may be necessary from time to time on the Property. SECTION 2. The City authorizes the acquisition by condemnation of all or a portion of the Property for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, together with all necessary appurtenances and related work to make a complete improvement according to City standards. SECTION 3. The Cityshall condemn the Property only after just P Y Y compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's "Upper Meridian Valley Creek Improvement Project" fund (Fund No D20027 64140 220) or from any of the City's general funds, if necessary, as may be provided by law SECTION 5. The City authorizes and directs the city attorney to commence those proceedings as provided by law that are necessary to condemn the Property. In commencing these condemnation procedures, the City Council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages. Settlements, stipulations, or agreements may include, but are not be limited to, the amount of just compensation to be paid, the size and dimensions of 2 Upper Meridian Valley Creek Improvement Project Condemnation Ordinance the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6. Any acts consistent with the authority and prior to the effective date of this ordinance are ratified and confirmed SECTION 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. SECTION 8. This ordinance, being the exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect and be in force five (5) days after 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 Upper Meridian Valley Creek Improvement Project Condemnation Ordinance PASSED: day of April, 2004. APPROVED: day of April, 2004. PUBLISHED: day of April, 2004 1 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\GvA\ORDINANCE1Cpndemo-UpperMendianValleyCmeklmpmve do 4 Upper Meridian Valley Creek Improvement Project Condemnation Ordinance 0 EXHIBIT "A" Lots 1, 3, and 4, King County Short Plat Number 176032 (revised), recorded under Recording Numbers 7708180959 and 7802160554; being a portion of the south half of the southwest quarter of the southwest quarter of the southwest quarter of Section 15, Township 22 North, Range 5 East, W M., in King County, Washington. 0 0 Kent City Council Meeting Date April 20, 2004 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY HIGH OCCUPANCY VEHICLE LANES AGREEMENT WITH METRO FOR CONSTRUCTION OF BUS SHELTER PADS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement for right- of-way acquisition and construction of the bus shelter pads, and authorize staff to accept the funds and establish a budget for the funds to be spent within the road improvement project, subject to final modification by the City Attorney and Public Works Director. 3. EXHIBITS: Public Works Director's memorandum and agreement with King County Metro Transit 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G PUBLIC WORKS DEPARTMENT Don E Wickstrom, P.E. Public Works Director 440 Phone-253-856-5500 Fax 253-856-6500 KEN T Address. 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: March 31, 2004 TO: Public Works Committee FROM: Don Wickstrom, Public Works Director THROUGH- SUBJECT: Pacific Highway South HOV Lanes Project Agreement with King County Metro Transit for Construction of Bus Shelter Pads The Pacific Highway South HOV Lanes Project agreement with King County Metro Transit for the construction of bus shelter pads was pulled from the March 16, 2004 Council meeting and sent back to the Public Works Committee for further discussion. To date staff have discussed this issue with Councilman Clark. Clark's concern relates to the expansion plans of Hightine Community College which he anticipates will significantly increase bus patronage thereby necessitating enhancing bus service thereto. He has been attempting to arrange a meeting with representatives of the college but no meeting date has been set at this writing. In discussion with Metro they have no plans to modify their present service level of this stop. Further,there is no monies within the Pacific Highway HOV Lanes project scope. Finally, were a transfer station needed it would have to be handled as a separate independent project Adding a transfer station to this project would significantly change its scope and thereby opening up the environmental and permit processes that have literally taken years to secure. Such a delay would then put in jeopardy the Federal funds associated with this project Presently this project needs to be under construction by January of 2005, if it is not the funds are eligible to be reallocated to another regional project that is ready to go. The Public Works Director recommends to proceed as previously authorized Mayor White and Kent City Council ] Pac Hwy S HOV Lanes—Metro Transit PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 w A s H I N O.o N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: TO: Public Works Committee FROM: Don Wigkstrom,Public Works Director THROUGH SUBJECT: Pacific Highway South HOV Lanes Project Agreement with King County Metro Transit for Construction of Bus Shelter Pads MOTION Recommend authorizing the Mayor to sign the Agreement for nght-of-way acquisition and construction of the bus shelter pads, authorize staff to accept the funds and establish a budget for the funds to be spent within said road improvement project. SUMMARY:This Agreement is between the City of Kent and King County Metro Transit for the acquisition of nght-of-way and the construction of concrete shelter pads,litter receptacle pads and retaining walls at twelve of Metro's bus stops along Pacific Highway South Metro has agreed to pay the City S 172,000 for this work BUDGET IMPACT. No Unbudgeted Fiscal/Personnel Impact BACKGROUND: King County Metro Transit operates several bus routes along Pacific Highway South through the City of Kent At 12 bus stop location within the City,Metro desires to construct bus shelters behind the sidewalk Because of the ease and cost savings associated with performing this work m conjunction with the City's project,Metro has agreed to pay the City$172,000 to cover the cost of nght-of-way acquisition and construction of the pads After completion of the concrete pad installation,Metro will install the bus shelters at their own expense Mayor White and Kent City Council 1 Pac Hwy S HOV Lanes—Metro Transit Agreement between King County and the City of Kent for Funding,Construction and Implementation of Pacific Highway South HOV Lanes Project THIS AGREEMENT is made and entered into this day of ,2004,by and between the City of Kent,hereinafter called the"City,"a municipal corporation of the State of Washington,and King County,acting through its Department of Transportation,hereinafter called the"County,"both of which entities may be collectively referred to hereinafter as the'Parties" WHEREAS, the City has undertaken the Pacific Highway South HOV Lanes Project to construct right-of- way improvements from S 272°d St to Kent Des Moines Road, and WHEREAS,Pacific Highway South is a major north/south arterial street that serves both local and regional traffic within the City by all modes,including public transit, and WHEREAS, the City desires to improve traffic operations and pedestrian circulation, support transit and enhance the overall safety and aesthetics of Pacific Highway South,and WHEREAS, the County wants to improve transit operations along Pacific Highway South and supports the City's efforts to upgrade this facility in a manner more compatible to transit and pedestrian modes, and WHEREAS, the County has agreed to contribute funding to construct those project elements that directly benefit transit operations, NOW,THEREFORE,in consideration of the mutual covenants contained herein, the sufficiency of winch is acknowledged,the parties hereto agree as follows Section 1. City Responsibilities 1 1 The City will be responsible for the design,construction/installation, testing and acceptance of all improvements-including those requested by the County-in plans prepared by the City identified as the"Pacific Highway South HOV Lanes Project"(hereinafter, the"Project") 12 The City shall submit to the County plans for the Project for review prior to construction.The County will have the opportunity to review plans at 60%,901%,and 1000% 13 The City will be responsible for the admimstration of any contracts it enters into for the performance of its responsibilities under this Agreement The City will provide the County with quarterly progress reports to identify work progress, schedule adherence,and other matters of smgnihcance in the performance of this Agreement Prior to the issuance of a change order or acceptance of contractor's work,the City will notify the County and provide the County with the Opportunity to comment on and inspect the following items included in the Project a Bus shelter footings(inn the formed stage prior to concrete pour per the Note on C 204- Footings in Attachment C) b Handholds and conduits for providing power to bus shelters However,neither the County's comments on nor inspection of City-led improvements under this Agreement will relieve the City of its responsibility for said Improvements City of Kent Agreement Pacific Highway South HOV Lanes Project 2/02/04 1.4 The city shall contact the County two weeks n advance of construction to remove or relocate bus shelters and 3 days in advance to move or relocate a bus stop 15 The City will acquire right of way and install twelve(12)shelter footings,Litter Receptacle pads and Retaining Walls(where applicable) as identified in Attachment B and Attachment C,in order to create accessible bus stops meeting federal,state and King County requirements The City shall exercise due diligence in acquiring said right of way 16 The City will install conduit and wiring from the City's power source to the Metro J-box and conduit from the Metro J-box to the shelter footing per the Internal Laghtmg Design. in Attachment D 17 The City will be responsible for arranging power service and for paying all ongoing electrical power costs related to internal bus shelter hghbng improvements This obligation shall survive any expiration or termination of this Agreement 18 The City is hereby designated the County's construction agent for this project The City will incorporate the County's Plans and Specifications into the City's project and advertise the project for competitive bid The City will administer the construction of the project and shall have final judgment,after consultation with the County,with regards to decisions related to the work of the contractor Section 2. County Responsibilities 21 The County will be responsible for removing the existing shelters and installing new or refurbished cobalt blue shelter units at their own expense. The Parties agree to manage the phasing of the shelter-related construction so as to minimize the impacts to transit customers 22 The County will install bus shelters with internal hghtmg capability at up to twelve(12)bus zones, as identified in Attachment B.The County will maintain the bus shelters. 23 Upon notification by the City of completion of work identified in Sectronl 3,the County will inspect the improvements consistent with the County approved plans and specifications if the County finds that any work does not meet the terms of this Agreement, or any specifications or terms established hereunder, the County will prepare a punch list of such items and submit it to the City.Work that does not comply with the agreed upon specifications and terms, except as modified by mutual agreement between the City and County,will be corrected by the City at no cost to the County Notice of acceptance will not constitute acceptance of any unauthorized or defective work or material The County retains all rights hereunder and at law to require the City to remove,repair,replace,or dispose of any unauthorized or defective work or to recover damages for any such work or material. Section 3.Financing 3.1 The construction budget for the Project is$12,000,000 00 The County will contribute directly to the City an amount not to exceed$172,000 to support the project These costs are intended to City of Kent Agreement 1 Pacific Highway South HOV Lanes Project 2102/04 offset City planned construction of transit related improvements identified in Attachment A, Tasks 1,3,and 4 32 The City's Right of way cost estimates are contained on Attachment E 33 If the City and County mutually agree that it is infeasible to secure right of way(ROW) for a specific site, the County will reduce its contribution under this Agreement by an arnount taken from the construction cost estimate for that site(attachment B),the property acquisition costs estimate for the site identified in Exhibit E(less the costs of item B, C,D,E,F and possibly H), as well as a 1/12" pro-rated share of$60,000 This share is based upon the difference between the City's estimated ROW costs($112,000)and the County's total contribution to the project The City and County may,by mutually written agreement,exceed the estimated parcel costs identified in Attachment E on a site by site basis up a maximum of S 172,000 34 Once all available and mutually agreed ROW has been secured,funds not spent by the City on right of way acquisition will available to the City for project construction and the improvements identified herein mchidmg any unforeseen costs associated with the bus stop improvements 35 The County shall absorb all costs associated with Task 2,Installation of bus shelters, identified in Attachment A 36 The City will invoice the County upon completion of the tasks identified in Attachment A,except for Task 2,Installation of Bus Shelters,wherein the County will remove and install the bus shelters at County expense The County will make payment to the City within thirty(30)days of recerpt of an invoice for work determined to be performed in accordance with the terms of the Agreement The County's total payment to the City under this Agreement will not exceed $172,000 Section 4. Ownership and Maintenance 4 1 Unless otherwise agreed to by the Parties,the City will own and maintain all improvements constructed by the City as part of the Project 42 The County will own and maintain the shelter footings,litter receptacle pads,retaining walls around the shelter footing(where applicable) constructed by the City behind the sidewalk but paid for by the County The County will own and maintain all King County Metro bus shelters, litter receptacles,benches,internal shelter lighting fixtures and bus signage supplied by the County Section S.Legal Relations 51 It is understood that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party No joint venture, agent principal relationship or partnership is foamed as 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 or agents of the other party 52 To the maximum extent perimtted by law, each party shall defend, indemnify, and hold harmless the other party and all of its officials,employees,principals, and agents from all clai demands, City of Rent Agreement Pacific Highway South HOV Lanes Project 2/02/04 suits,actions and liability of any kind,including injuries to persons or damages to property, that arise out of, are connected with,or are due to any negligent acts or omissions of the indemnifying party and/or its contractors,officials, employees,agents and representatives in performing work under this Agreement,provided,however,that if(and only if)the provisions of RCW 4 24 115 apply and any such damages and injuries to persons or property are caused by or result from the concurrent negligence of both parties to this Agreement, or their contractors,officials, cii>liloyees, agents and representatives,then in such instance each party's obligation hereunder applies only to the extent of the negligence of such party or its contractors, officials,employees, agents or representatives Each party specifically assumes potential liability for actions brought by its own employees against the other party and for that purpose only each party specifically waives,as to the other party only, any immunity under the Worker's Compensation Act,RCW Title 51,and the parties recognize that this waiver was the subject of mutual negotiation and specifically entered into pursuant to the provision of RCW 4 24 115 53 The City and the County shall comply and shall ensure that then'contractors comply with all federal,state and local laws,regulations, and ordinances applicable to work and services to be performed under this Agreement 54 In the event any party incurs attorney's fees, costs or other legal expenses to enforce provisions of this section against another party, all such fees, costs, and expenses shall be recoverable by the prevailing part' 55 This Agreement shall be interpreted in accordance with the laws of the State of Washington in effect on the date of execution of tins Agreement The Superior Court of Kmg County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement 5 6 The provisions of this Section shall survive any expiration or termination of this Agreement Section 6. Records and Audit 6 1 During the progress of the design and construction of all miprovements covered by this Agreement and for a period not less than three(3)years from the date of completion of all improvements, records and accounts pertaining to the work of this Agreement and accounting therefore are to be kept available for inspection and audit by representatives of the parties Copies of the records shall be furnished upon request and shall be maintamed in accordance with a work order accounting procedure prescribed by the State Auditor's Office Section 7.Agreement Duration and Termination 7.1 This Agreement shall take effect upon execution by both parties and shall expne January 31, 2006,unless extended by mutual agreement of the Parties or unless terminated in accordance with the provisions of this Section 7 72 Either party may terminate this Agreement in the event that the other party materially breaches this Agreement. Written notice of such termination must be given via certified mail by the party terminating this Agreement to the other party not less than fourteen(14) days prior to the effective date of termination City of Kent Agreement ' Pacific Highway South HOV Lanes Project 2/02/04 73 Either party may terminate for Its convenience and without cause by providing written notice to the other party not less than thirty(30)days prior to the effective date of termination 74 Failure by either party to require full and timely performance of any provision of the Agreement at any time shall not waive or reduce the right of either party to Insist upon complete and timely performance of such provisions or any other provision thereafter Section 8.Identification of Contacts at City and County 8 1 The City and the County each agree to appoint a Project Manager to represent the interests of their respective agencies The two Project Managers will work collaboratively to implement this Agreement 82 All official commumcation concerning this Agreement should be directed to the following Project Managers Mark Howlett Paul Alexander Project Manager Project Manager City of Kent King County Dept of Transportation 220 4"Avenue South. 201 S Jackson Street,MS KSC-TR-0413 Kent,WA 98032 Seattle,WA 98104 Any changes in agency contacts from those noted above must be confirmed in writing to the other ply Section 9.Entire Agreement This document contains all terms, conditions and provisions agreed upon by the parties thereto, and shall not be modified except by written amendment, Such amendments may be made to this Agreement within the previously approved budget or other applicable authority for and on behalf of the City by its Mayor or designee,and for and on behalf of the County by its General Manager of the Transit Division or designee. The written provisions and terms of this AGREEMENT, together with any attached Exhibits, shall supercede all prior verbal statements of any officer or other representative of either party, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this AGREEMENT. This document, including all Exhibits, is the entire agreement between the parties. Should any language in any of the Exhibits to the AGREEMENT conflict with any language contained in this AGREEMENT, the terms of this AGREEMENT shall prevail Section 10. Assignment Any assignment of this AGREEMENT by either party without the written consent of the non- assigning party shall be void. Section 11.Modification No waiver,alteration,or modification of any of the provisions for the AGREEMENT shall be binding unless in writing and signed by a duly authorized representative of the CITY and the COUNTY City of Kent Agreement Pacific Highway South HOV Lanes Project 2/02/04 Section 12. Severability If any provision of this Agreement is held invalid by a court of competent junsdiction, the remainder of the Agreement shall not be affected thereby if such remainder would then ccntmue to serve the purposes and objectives ongmally contemplated by the parties IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written above The City of Kent BY Jim White,Mayor Date City of Kent Approved as to Form BY Date King Co 1 By L-1 /Rick C Walsh, General Manager Date King County Metro Transit Division Approved as to Form BY Je Hardung Date uty Prosecuting Attomey City of Kent Agreement Pacific Highway South HOV Lanes Project 2/02/04 Attachment A Funding of Transit Related Elements Pacific Highway South HOV Lanes Project City of Kent,Washington The County contribution for thus project is as follows TASK BUDGET Task 1: Bus Zone and Shelter Improvements $52,000 County contribution to the City supporting the construction of bus shelter footings,litter receptacle pads and retaining walls County contribution to the City supporting the construction of handholds,conduit runs,in addition to the wumg and fuses from the City power source to the handholds per County specifications in order to provide power to bus shelter Task 2: Installation of Bus Shelters $83,200 County cost for installation of bus shelters at up to twelve(12)locations Task 3: General Street and Pedestrian Improvements $120,000 County contribution to the City to support construction of street rechannehzation,northbound and southbound HOV lanes, curb,gutter, sidewalks, and curb ramps. i City of Kent Agreement Pacific Highway South HOV Lanes Project 2/02/04 i Draft-Attachment B Bus Shelter List Pacific Highway South HOV Lanes Project City of Kent,Washington Shelter Zone Kent Parcel Station Footing Footing Shelter Litter Internal 6"wide Number Type Size Type Receptacle Shelter Retaining Construction Pad Lighting Wall Cost 1 60750 462632(S) 37+5511 B21 9'-8'x4'-4" F21 Yes Yes No $3,819 70 2 60752 ROW @ S 47+81R B21 9'-8"x4'-V F21 Yes Yes No $3,819 70 26e St 3 60760 462607(S) 78+90R B21 9'-8Ox4'-4" F21 Yes Yes No $3 819 70 4 60780 ROW @ 105+00 Bll 9'-8"xT Fl l Yes Yes No $4,409 94 396489(i) 5 60790 396476(N) 122+95R B21 9'-8"x4'-4" F21 Yes Yes Yes $5,455 35 6 48950 396469(1) 148+10R B22 18V-4" F22a Yes Yes No $6,11152 7 48960 396453(N) 165+50R B21 9'-8"x4'4" F21 Yes Yes Yes lit/A(Rowoniy) 8 50480 397246(N) 165+40L B21 9'-8"x4'4" F21 Yes Yes No $3,819 70 9 50481 397232(N) 149+00L B21 9'-8"x4'4" F21 Yes Yes No $3,819 70 10 61190 397225(N) 140+101- B21 9'-8"x4'-4" F21 Yes Yes No $3,819 70 11 61190 397212(N) 123+60L B21 9'-8"x4'4" F21 Yes Yes No $3,81970 12 61200 396496(N) 100+45L B21 9-8"x4'4" F21 Yes Yes No $3,81970 13 61220 462656(S) 72+1OL B21 9'-8"x4-4" F21 Yes Yes Yes $5,465 59 City of Kent Agreement ' Pacific Highway South HOV Lanes Project 2/02/04 Attachment C Includes D103-Standards for Construction of Transit Passenger Facilities Footing Plans, Sections,Details, Notes and Schedule C206-Rock and Concrete Cut Retaining Walls Details C211-Bus Sign Foundation Litter Receptacle Pad Details City of Kent Agreement Pacific Highway South HOV Lanes Project 2102/04 •_s i'OOTNG gMETJSKM'S r1 16A TIIL • • xK.xm 'n•Lo'att .. s't Mw •y a� alA mssrn• I- 1mR uK(nf I• ' re,w"�ix ti i i y i iA/•�ua ttn 1. a � fi V •� i • I •_ � M RIY 1.-0 I . / lzi UI nl le ql f-Y .-. t. •• ' •{ to-a-• ux iixare •� r•a N4IL5,� 817 i0071NG -a a< t .-r i �� az m raa nn runs seta nao 'a'�'� e.• __ raaca•z•roxaxce•a.a,•sn - . I z ro•frtf x,a saa m ttw oa.,axsas t-r a-r a-• a r..¢auoeo-a.eec s roor•a n t to I �:�enis!•1 , � _ ue nary aaue or f.�•x�•¢x y � Y a qu axe ra rmmn em ma[rw•f ax•at • � � •Ce[16 n11IDa R IMxL U I�,1N p L / . coxdn[ _e • •1 ___ rrea txz w[Iv uavam a ee ela[1G aei • / �9'<1^•J � '1 ;' I s' elate�Az� n ; ti n •I • � � :ii� • eVl .y ::S-� - .e_Dy,• ,•S-0 • snare, 13 I I .fazlst Y P e l�oon�_ a I I w,wavuz f _ _ _ r_. .. . .. , fa I •IIF Rx IOaMM y . fm7 z > ^e iw0�xirxa, DETAIL•r A_ 21 /,tzm'ea (+ Y .•I BSD SERIE .era nna:rare r u as __ _ B13 iOGTMG ro, , du aw LONCIiUDINAL i� /a- - /ru ae�n sr i i%r taw aw SECTION_ vu•�n-.-+ - ` a4/ orr.!�maTrzeeanl a-�.w o-us ou�1P°.-••rttra nr woo a � .. �a � xu ass P,an sae-ee-uf>) � a•rswavm•• `a r�'`awi"re infant STANDARDSFOIL00N31RucnoN sac / a'°.on roa.a•.M x icno eatwm �� ! rarn a� OF TLwrr D103 / a.xsx PASSENGER RACDl11E,4 i t3 12' SHELTER FOOTING 3/4'CHAMFER ALL 8' SEE NOTE 3 3.MAX OR LANDING PAD EXPOSED EDGES /4 REM 75. O T2'O C AT TOP OF WALL �____ GRADE (NOTE 3) l i SEE NOTE 2 C STRUCTURAL FILL 2R MAX 1 - ;b 1{. — 1'-6'OILMAN SPALLS OR LAIITER FOOTING 6I PAD F0.7ER FABRIC 'I1=HT�TIL-r AT WE OF WALL AT SIDEWALK WITH NO WING WALL SECTION ONUS WASHED ROCK SCALE FO 1/2'-1�-0' 4'F PERRATED PAC APE 3/4'CHA/IFER ALL C-6' DAYLIGHT TO PAVEMENT TO EXPOSED EDGES 12' 6' VARIES EXCAVATION DRAIN MR WALLS HIGHER ITS THAN 2•(NOTE 1) 3' W FREEBOARD OVER H SEE NOTE 2 REPW SIDEWALK TO FINISHED GRADE(NDTE 3) ' I 3' SLOPE OTE MATCH EXISTING VARIES SEE SPECS MR ROCK SAES 4'-6' OUMRY SPALLS - z FlNISNED STRUCTURAL FILL _ GROUND_ ,'I ROCK RETAINING WALL d FILTER FA IC - �• PROFILE f M 2AX_ 1 N M ;"z _ SECTION 3 c ETAIlSU�T VAPoES.SEE OTHER O ~�1L"il FOR SLAB CALLOUS SCALE NONE 1' MINUS WASHED ROCK I-a l III_T--1I t •I T- i �4 REBAR O 12'D C (EACH WAY) IZS PE DAYLIGHT TO PPA EMTEDMEENrATO WITH WING WALL 13 DRAIN FOR WALLS WHER GENERAL WALL NOTES TFMN 2' (NOTE 1) CONCRETE RETAINING WALL 1 NO DRAINAGE REQUIRED IF WALL 6 UNDER 2 FEET HIGH at SECTION 2 CONNECT TO EXISTING DRAIN PIPE IF APPLICABLE �^ SCALE 1/2'-1-0' - 2 CONSTRUCT REM WALL FULL LENGTH OF SHELTER iC FOOTING OR LANDING PAD TAPER TO MEET SITE SLOPE Jllp4oN aPJL ki0. 3RESTORE LANDSCAPING OR SPREAD BEAUTY BANK TO MATCH ISTING vo PMpuimAnt of ThAApaTl�4on -TrwIL DInmA 9B .'� w OFOTRANS PASSENGER FACILITIES r HJ AS NOTED G W""' �" m"°"" ROCK AND CONCRETE C206 - CUT RETAINING WALLS FROM 3'-0• SIGN POSE TUBING 2' INNDi OAOWAY (METRO TO FURNISH) OR 4' FROM FOM94E EXIST GROUND / 4 44i��--�i-L~� iii DRIVE RIVET(TYP) �_41�- J 1JJ_LLL ••</� 111 JJ_I_I_LL LL ANCIpR eaLT 2•SOUARE > I b 1 1 1 J I I-1—I—I—I t-l I 1 (1yp i � OOF) 4) TUG METRBIN TTZ �1IirrtrTr 4, T77 111-I rr r CONCRETE RASE /\ ' \ T'r-T-11-I-rrr rrr WMF 4.4 8/6 PLAN // //\ -T->7-''�wFF-ram+r fry ASTM Ales i\ \� rY rj rT--rrr rr MIF NOTES 1-CONCRETE MIX TO BE PER SPECIFICATIONS jj a /� n ttt-�1-1-I-I-f-F-1FYtt 4 -14 REaw 2 AMErRO WILL ND DRIVE RIVETS NEW ANCHOR TUBING /\\l�/� // PLAN 3 RESTORE AREA TO ORIGINAL CONDITION /4 3/4- v 4 INSTALLATION G AN SIGNS F RELOCATION SECTION OF STREET SIGNSNS AND SIGNS OTHER THAN BUS SIGNS NAND MATCH THE EXISTING --r- - -INSTALLATION AND AND STANDARDS BUS SIGN POLE FOUNDATION � D A SECTION DETAIL SCALE NONE LITTER RECEPTACLE PAD NOTES BUS SIGN BUS SIGN PEDESTAL ASSEMBLY 1 SAWCUT ASPHALT PAVEMENT, AS REQUIRED (METRO) (SUPPLIED BY METRO) FOR THE CONCRETE PAD u 3/4•SS SE%BOLTS W/WASHERS 2 CONCRETE PAD TO BE CAST IN PUCE I AND SPANNER HEADS 3 CONCRETE PAD TO BE INSTALLED LEVEL AND PARALLEL c ')i I I I (SUPPUED BY METRO) WITH THE SHELTER FOOTING OR LANDING PA) LLI 1 1/2'4 SS KIM BOLT WITH CONCRETE wr rl-1 ANCHOR - 3 1r2'MINIMUM EMBED LITTER RECEPTACLE PAD (CONCRETE) II 4 REO'D(SUPPLIED BY CONTRACTOR) I I DETAIL C o0 zj)o qs SCA ELA° 'BUS SIGN PEDESTAL MOUNT PrCal DETAIL B HJaao TRANSIT PASSENGER FACRIilESJbNAL BUS SIGN FOUNDATION 1 SCALE NONE - �'� LITTER RECEPTACLE PAD Attachment D Standards for Construction of Transit Passenger Facilities Internal Bus Shelter Lighting Details City of Kent Agreement a Pacific Highway South HO V Lanes Project 2/02/04 ' S:i.ilTiJd3 N3°JA33Sdd I-�Y� q 1LS�rYY1 d0 "a ii+a a>a "" \OLU(171SSNU'J 210.:SCIXtlC\'YtS ,,,,, A.lF •.x IM..., FA.Y O YpY 4t �' gVu,•pOL.Y'lptYNa fP r}1 iIW YI IY Oy.YIiwVJ\a°M'aR1r.lY Jil .A\.PIl i1 Hl[1 J4[A[iY 1 unu I ; P• u..uaD.nlz.Ya uo•YVt.Iaf IL 4lINNIiXl 4MRN/a INV�YY .uAiv-[••i io.s'�•w_-.n �_r [!T ?'t Id%Al L MOm U]d OM PIPO M if LU NI41MA•IN L YUD!}'\O rw.11 IeY`[ 'SiT:.,a RUMOJ 1•M•plv.,M•PWI WU[V Lt/.V•'Y•rns Y Y°I MI0 Ra R ry /1�/��'�Y i of YJN_M.IAA.[W.'�R..y l{W<Wl•pYaIDD911 Nµ WYNV/ P00.LU AJt1Y.1<NI • WMPVCy yO 't y0Y_+s1y 5Y WVM•1•MIW W��YA1�X�l+l f\SiYlYL1 • �� I • , '(. �� • WtYY rla- j ( Y.M1•HFOiYnv YOM M�[I1.NB IY rNA.tfltrlM1 ii.n x �M Y 'I • [ r ' I' TMC aYNI w..ti\YWL..Y.Y1913 .N NjHw•yIJL IMPr H S'GrT'L]4 Ot]tY'Mt 4MY'YA)41MY YY lJ r u!1M6\4//fx"i•l X / 41 a I,J«A X.V � YOYryrY r rI X9'w1iTMK HgMM R-[U VI) R.'• NIrM OT V'lil%'+W ISNVIIW \\\ zcwmm � OXrIJrYLYarNWI4LRYN1yV%•MlT1rL{.IV M�_SM T'wi.i]/JSl \w�.A. { lilX wac[1{\)•Nr YYY[I(n Y�.rsnvw•I..a�:xsXs-ix ♦ �w.s A I rti nwnY sr a.n.m ca s.n+<n xen nF.w.>»tr.w .-.�wsm+x • ...+.. ^21.a%Imy/•g1 N6 tt`J•Mrl td PT]_yIA OMt aYna Ivr . [ +P w XLR.:+iiC av n mart<!s s YY rMerv.rXm NF a+ +vn w.a.r++ Z f .0 1KY1..Vu.DY V V.G A YYW XIInN♦ t['ML a/A.YIn•�•llfl.t.4D1 NY•v L i 3 mL..r j I t f...•.N �.Y„Y t I wrt PY„J I ' - 'Yu�YDY V1Z I hYYC N_CI t •tut qw\ YV Attachment E City of Kent Estunated Right of Way Costs City of Kent Agreement it . Pacific Highway South HOV Lanes Project 2/02/04 3C.Ht"ROW cat mu lVa HeaPega WROW u.9v MR 09o13A b.Sa.-HIM Tyr, a W (C) Rl OH OpW4 IW9.e1 Prda � fiery t'ftY l.a IB3 A9p+id M (IOnk BI.aW1 1• TeW Nall r.aa ray ►.etl.F BAuv DtduMa IJeea Sara.S Sexeee Hm�e F9 a C.eH. eYu•a C. Arre.lal H.ea. xww Ak w H.et..r (cl lira !ad Ise N� Sr TTr. Sqe Tyre MN ffik a rT PMt T Wa• Ma Tb BW .tM (Off 1 FVCr Fft W lee Ca C AY Ds Mf (i 6r/ O+51 021 9-S Mom' P21 p Y. No I Y No IS w I K. Sta ISO S753 SM SM SIOWD) M SI70 ' W52 HOW 02687% 97+910 MI S-8'N 4- MI P Y. No I Y. No 0 0 I WA so 30 SO so 50 1 f4SW .826(1/ T8+10H H21 9-8'M i' Ml P Y. NO V. No W 9] N9 $I O S30a 50 SI 510M r W OEM- BB 10 HII 9-Pd Pll 0 Yn No Y. No 0 0 WA t0, 10 `SO SO M C^ r 121+95H 1121 4-S'MX MI Y. No V. Y. W33 33 Y. 3 SiOD SISD O50 00 S1 a 1 NB+OH H22 13'N�' 2 Y. N Yq No 03 W Y. 37a SISO O50 SS2T a Simi9 r 3966S1 16 3O4 B21 9-S'M�4' P21 P q No Yq Yq U33 33 Yn S SI50 SD a 16 MK Idt 0 165M0L 831 4-8'.4 i' Rt P Y. N9 Yq No 9033 CM No SI,1 52.ea Sim FM 050 Sf SI]t Ml J aA'1' MI P Yn N0 Yq No 5033 9T33 Na S113O 5600 13 M 326S0 SI32M N l IOL D31 •faA i' P31 P a No Yq Ne W33 17M Sll 5]OD S150 50 5 ]00 O3 3M1 123,WL MI P Yu No Y. No 033 9733 Y. SLIM SM I50 $750 5 93 1 q '.• 12 56t2a 3961 100N5L B21 r-.'4'1' 1RI P Ya ^ Yn No Nll ]3l No SII W(l 000 30 W Sim slow 66rn 1 ^ ]613]D 9f3 'T1+IOL H21 r-P'M'-t' 3R1 P Yq Ns Yn Cn tS II l 33 No 32951 3a wo SIM a 1250 Simt N BE 61230 Eusal,066 63 6M501. Bit 9'4 S] PII Yv No Yq N0 0 0 W 50 SO 10 30 to soW M Ms vitAN I Ismo SMM 1 S41M 1 4CM MA00325 SIS Nab 99 ROW licit da.Will 21004 W •S1 Lm d.lr t'0daed Y]HR00S . Kent City Council Meeting Date Apri120, 2004 Category Consent Calendar 1. SUBJECT: ORDINANCE RELATING TO ABOLITION OF INDEPENDENT SALARY COMMISSION— ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. repealing Ch. 2.58 of the Kent City Code, entitled"Independent Salary Commission," and amending Chs. 2.01, 2.02, and 2.34 of the Kent City Code relating to the salaries of the Mayor, City Councilmembers, and Municipal Court Judges. By its adoption of Ordinance No. 3617, the City Council established an Independent Salary Commission to set the salaries of the City's elected officials. If the commission is abolished,it is necessary to repeal the Kent City Code provision that established the commission and to amend other sections of the Kent City Code to set forth the current salaries paid to Kent's elected officials. The salaries set forth in the proposed ordinance i are the current salaries paid to each elected official as established by the Salary Commission for 2004. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Ch 258, entitled "Independent Salary Commission," and amending Chs. 2.01, 2.02, and 2.34 of the Kent City Code relating to the salaries of the Mayor, Councdmembers, and Municipal Court Judges RECITALS A By its adoption of Ordinance No 3617 on October 1, 2002, the City Council established an Independent Salary Commission to set the salaries of the City's elected officials, which currently includes the Mayor, the City Councdmembers and the Municipal Court Judges i B. The City Council has decided to abolish the Independent Salary Commission and, therefore, it is appropriate to repeal Ch 2 58 and amend Chs 2.01, 2.02, and 2.34 of the Kent City Code to reflect the current and actual salaries that the elected officials receive. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Repealer Chapter 2.58 of the Kent City Code, entitled "Independent Salary Commission," is repealed in its entirety. 1 Salary Commission -Abolition SECTION 2. -Amendment. Section 2.01 010 of the Kent City Code, entitled "Compensation of councilmembers," is amended to read as follows: Sec. 2.01.010. Compensation of councilmembers. A Each City Councilmember shall be paid a salary of ne thousand one hundred forty-six dollars ($558 1 446) per month. cffertiye Januairy , 2000 varh City GGURGIIF!neFnbeF shall be paid a salaFy ef eight hURdFed fifty dGllaF6 ($860) pe GeURGIlFneFnbeF shall be paid a salaFy Of RlRe hURdFed fifty dollars ($950) peF FAGRth. Effer4ive January 4 2993 each Gity ('`r"inr,IrARRAID r shall he paid a salan, of ene The duly elected president of the City Council shall be paid af►--a add+tienal-salary of ene-hURdred iftyone thousand two hundred eight dollars ($459 1 208) per month salaryy BIf the Cihis ,nrlenendent salami remm,ss,en establishes a salanr srherl, le fer the Gity ('e,,nril these salaries will take effect at the times ,n the ameuntr and G.B. Each councilmember may receive medical insurance coverage benefits for himself or herself as is provided to full-time employees of the City. Additionally, each councilmember may, at his or her expense, elect to obtain medical insurance coverage benefits for his or her family as is provided pursuant to City policy. SECTION 3. -Amendment. Section 2 02.010 of the Kent City Code, entitled "Compensation," is amended to read as follows: Sec. 2.02.010. Compensation of Mayor. The Mayor of the City shall be paid a salary of eighty thousand five hundred sixteen dollars ($80-,W0 8 516) per month 2 Salary Commission -Abolition fell-time—pe6+t+er In addition to the base salary, the Mayor shall be entitled to receive all benefits associated with full-time employment with the City, as established by City policy for this position These benefits may be adjusted from time to time, on a City-wide basis, in accordance with City policy. However, adjustments increasing benefits beyond those provided to full-time employees and any increases in salary shall be by ordinance pursuant to RCW 35A 12 070 the MaYGF, that salaFy will take effeGt at the time, 1R the amewRt and URder the GE)nditiORG established by the --a-millissieR, as provided by law and by Gh. 2.58 SECTION 4. - Amendment Section 2.34.050 of the Kent City Code, entitled "Salaries-Costs," is hereby amended to read as follows. I Sec. 2.34.050. Municipal fudge salarySataF"— Costs. A. The salary of the-each full-time municipal judge shall be fixed by aassage of the ordinance UPOR the adOptIOR e adopting the City's annual budget If serving on a part-time basis or serving as a pro tern fudge, he or she shall be compensated haerly-at the rate of fifty dollars ($50) per hour, provided, however, that a traffic pro tern magistrate or other pro tern magistrate shall be compensated at the rate of thirty dollars ($30} per hour , furRishmqs, and supplies shall be paid whGIlY out Gf the fuRds Of the GIty jUPOSS shall B All costs of operation of the municipal court, including but not limited to salaries of fudges and court employees, dockets, books of records, forms, furnishings and supplies shall be paid wholly out of the funds of the City Jurors shall be paid a fee of fifteen dollars ($15) per day and mileage allowance pursuant to RCW 43 03 060. The City shall provide a suitable place for holding court and pay all expenses of maintaining it. 3 Salary Commission -Abolition the FAURiGlpal judges, these salaFies will take 9#eGt at the time, in the arneui#6, and SECTION 5. - Savings. The existing Chapter 2 58 of the Kent City Code, which is repealed by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 6. - Severabilify. 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 7. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law i I JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 4 Salary Commission -Abolition . PASSED: day of April, 2004 APPROVED- day of April, 2004 PUBLISHED- day of April, 2004 1 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. BRENDA JACOBER, CITY CLERK (SEAL) P%CiwIlORDINANCE\SalaryCommtssionAbolish doc i I f �I 5 Salary Commission -Abolition Kent City Council Meeting Date April 20, 2004 Category Consent Calendar 1. SUBJECT: LOCAL AND LONG DISTANCE TELEPHONE SERVICES CONTRACT EXTENSION—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a 2-year contract extension with Focal Communications for local and long distance telephone service subject to City Attorney approval of contract documents. The City currently obtains local and long distance telephone service through Focal Communications. This will extend the current contract for an additional 2-year period with new, lower rates proposed by Focal Communications which will reduce the City's primary local and long distance cost by approximately 8%. 3. EXHIBITS: Memo and Change Order 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I INFORMATION TECHNOLOGY Stan Waldrop, Director Phone 253-856-4600 • Fax 253-8564700 \�447 K E N T Address 220 Fourth Avenue S W A S H I N G T O N Kent,WA 98032-5895 DATE: 3/30/2004 TO: Kent City Council Operations Committee FROM: Stan Waldrop,Information Technology Director THROUGH: Mayor Jim White SUBJECT: Local &Long Distance Telephone Service Contract Extension MOTION: I move to recommend the Council authorize the Mayor to sign a 2-year contract extension with Focal Communications for local and long distance telephone service subject to City Attorney approval of contract documents. SUMMARY: Extend the City's current local and long distance telephone service contract with Focal Communications. BUDGET IMPACT: Approximately $60,000 annually depending on actual usage. Currently included in the 2004 Operating Budget. BACKGROUND: The City currently obtains local and long distance telephone service through Focal Communications. I am recommending the City extend the current contract for an additional 2-year period with new, lower rates proposed by Focal Communications that will reduce the City's primary local and long distance cost by approximately 8%. Attachments: Memo to Mayor Requesting Pei-mission to Waive Bid Requirement Change Order to Focal Service Agreement 1 INFORMATION TECHNOLOGY Stan Waldrop, Director 40 Phone 253,856-4600 Fax: 253-856-4700 Z�VKENT Address. 220 Fourth Avenue S WASH 1 N c T o N Kent,WA 98032-5895 DATE: 3/26/2004 TO: Jim White, Mayor THROUGH: Mike Martin, Chief Administrative Officer FROM: Stan Waldrop, Information Technology Director SUBJECT: Local& Long Distance Telephone Service Contract Extension I am requesting a waiver, pursuant to Kent City Code 3.70.080. of the City's procurement ordinance to extend the City's current local and long distance service with Focal Communications because a procurement process would not be cost effective. The reasons for extending the City's contract with Focal Communications rather than pursue a competitive bid process include: ♦ Focal Communications is reducing the fixed and variable portions of the City's local and long distance service costs resulting in an approximate 8% savings based on the City's 2003 usage (see Attachment 1). ♦ Focal Communications provides a unique service delivery configuration that provides the City with redundant paths for telephone service that would be difficult to accomplish with other vendors. ♦ The staff time and expense necessary to conduct a competitive process, negotiate a contract, and potentially change telephone service providers would likely exceed the potential cost savings(see Attachment 1). ♦ The service interruption and risk associated with changing telephone service providers is not commensurate with the potential cost savings. Based on these factors,the City's most cost effective option is to renew the Focal Communications contract with the proposed new rates. If you agree with this memorandum and these findings,please indicate your approval by signing below. JIM WHITE, Mayor Dated: 1 Attachment 1 0 Local Long Distance Service Estimated Procurement Costs -Description ._ Quantity Rate Total Bid Process Consulting 1 $ 3,000 $ 3,000 IT Director Hours 16 $ 50 $ 900 A cc;cunt C;ffi7 Attn"i vTlnnre 1 Q. AO 1i 160 Technical Services Supervior Hours 8 $ 32 $ 256 Network Specialist Hours 8 $ 28 $ 224 Total $ 4,440 Contract Negotiations Consulting 1 $ 1,000 $ 1,000 IT Director Hours 16 $ 50 $ 800 Assistant City Attorney_ Hours 8 $ 40 $ 320 Technical Services Supervior Hours 4 $ 32 $ 128 Total $ 2,248 Change Service Providers Consulting 1 $ 2,000 $ 2,000 IT Director Hours 40 $ 50 $ 2,000 Technical Services Supervior Hours 40 $ 32 $ 1,280 Network Specialist Hours 40 $ 28 $ 1,120 Technical Services Supervior OT Hours 24 $ 48 $ 1,152 Network Specialist OT Hours 24 $ 42 $ 1,008 Total $ 8,560 Total Potential Procurement Cost $ 15,248 Estimated Rate Savings Based on 2003 Usage Description. 2003 Cost Proposed Difference '/o Diff Fixed Cost $ 30,712 $ 29,632 $ (1,080) -3.52% Variable Cost $ 22,547 $ 18,516 $ (4,031) -17.88% Taxes&Surcharges $ 10,906 $ 10,906 $ - 0.00% Total $ 64,164 $ 599053 $ (59111) -7.97% KENT CHANGE ORDER TO WA5H1HGTOM FOCAL SERVICE AGREEMENT (Focal Communications Corp. and the City of Kent) THIS CHANGE ORDER TO THE FOCAL SERVICE AGREEMENT is made between the CITY OF KENT, a Washington municipal corporation ("City"), and FOCAL COMMUNICATIONS CORPORATION OF WASHINGTON, a Washington corporation ("Contractor"). I. RECITALS 1.1 City and Contractor entered Into that certain Focal Service Agreement,dated March 22,2001,("Agreemenf')wherein the Contractor agreed to provide local dial tone and long distance services to the City. 1.2 City and Contractor express their mutual intent and desire to amend the Agreement in order to adjust the prices set forth on the Service Order, which is attached to the original Agreement, and to extend the term of the Agreement. II. AGREEMENT NOW THEREFORE,in consideration of the mutual intent,desire and promises of the parties and other good and valuable consideration, City and Contractor agree as follows. 2.1 The Service Order attached to the Agreement is hereby amended to reduce the rates to those depicted on the new Service Order,effective December 31,2003. A revised Service Order is attached and shall be incorporated into the Agreement,as if originally set forth therein 2.2 The original term of the Agreement was for three years from its effective date. The Agreement became effective on June 1,2001,and terminates on June 1, 2004. In order to clarify the intent of the parties,a new subparagraph is added to paragraph 1 of the Agreement as follows: 1. General (d) The original term of this Agreement shall be for a period of three (3) years,commencing on June 1,2001. The City,at its sole discretion, may renew this Agreement for an additional two (2)year term upon terms and conditions satisfactory to the City. The renewal shall be completed upon execution of a Change Order prior to the termination of this Agreement and its current term. 2.3 In accordance with the above amendment to paragraph 1 of the Agreement,the City desires to exercise its option to extend the Agreement for an additional two(2)year term The new expiration date of this Agreement shall be June 1, 2006. CHANGE ORDER TO FOCAL SERVICE AGREEMENT-1 (March 26, 2004) 2.4 Contractor certifies to the City that the Agreement is in full force and effect and that there exists no uncured defaults on the part of the Contractor under the Agreement The City certifies to Contractor that the Agreement is in full force and effect and that there exists no uncured defaults on the part of the City under the Agreement. 2.5 Except as specifically amended by this Change Order,all remaining provisions of the Agreement shall remain in full force and effect 2.6 This Change Order shall become effective on the last date entered below. IN WITNESS,the parties have executed this Change Order to the Focal Service Agreement,which shall become effective on the last date entered below CITY OF KENT By- Print Name. Jim White Title: Mayor Date: FOCAL COMMUNICATIONS CORPORATION OF WASHINGTON By: Print Name: Thomas Guyton Title: Area Sales Director Date. Approved as to Form: Brett C.Vinson, Asst City Attorney roc y CHANGE ORDER TO FOCAL SERVICE AGREEMENT-2 (March 26, 2004) Contract Renewai Form Voice& .- FOCAL ta CUSTOMER AND ORDER INFORMATION SALESPERSONJACM J #Huang Customer Name City of Kent AGENT LCC Emasne Whalon Customer Address� 220 41h Avenue South Switch Prolnding Service Sea04(STT01) I RoomlFloor[-� Counllyrr�� Existing Account NurrWer 819107 City State Zip Kent.WA 08032 E istng Cimnit 1D(s) 24anf-h V*-0001 f Extend Contract Length 2 yrs Oilier�! 24- 1-hgz-0001 Effechve Data r 1 2/1 122 0 03 Order Type an z ly LINE CHARGES Oy Requiring CALLING PLANSIRPM r No calling Plan+ (UnM1 PoCeI Custaner Switched DS3 Circuit(DID) OPERATING STATE WA Custmier Swticned DS3 Crcud(DIOD,DOD) DS3 MUX LOCAL SERVICES Local Flat-Discount Plan WA 03 PRI DID SPR r yes r No LATA-Wide PRI Cob PRI WAnctual OlricalExc ange LONG DISTANCE SERVICES Focai-f Cr Discount Ran WA 03 Non Cob PRI MXVmlml Olfice/Fachanias SPR r yes (-- No PRIDIOD 3 650 PHI DOD FOCAL 600 SERVICES Focal 8GO-Da;tQ rtt Plan WA 03 Tt DID-Inbound Only SPR r yes r No Tt DOD-Cultiourrd Onh, Tt DIOD NATIONAL EXCHANGE SERVICE Iselect One) LATA-Wide T1 SPR r ye, t:No Outbound Advamage Promo Tt Outbound Advantage Promo PRI CALLING CARD SERVICES (sefect one) DID Chamels SPR (-yes S No Analog Lines Colo T l MWinual OrtrcelExchange PICCHOICES r Yes t: r too RC Required Cold Tt manual O(ficaiE ques xchange PIC Freeze Reted BRt tnlral-ATACamer Focal-No PIC GR303 APPROVAL REQUIRED (If Focal,Ieave blank) TMES Charge InIerLATA Camu Focal Long Distance-5508 NUMBERS Managed Internet Access DID Numbers Recurring Bandwidth S S E Descnphon VuWal Exchange (Um1 Price) Toll Free Features y LINE ENHANCEMENTS Oulhouid ANI(Ti Only) D-Chamal Backup 2BCT Inbouind ANI Duet T1(Ouaaficaw Required) tlIIIIIIIIIIII00 CENTRAL OFFICE SERVICES Catoc lim Cabinet OTHER SERVICES NAD Cross-Cannes Ol Requiring Recurring Form Fail Safe Oty Uml Pace y (Und Price) Renate Call ForwaiWrp(RCF) CDR Express mm IVAOSI Voice Channe SO 00 FocalFixt-LD Access NXS Data 0 Equipment CDR m CD Pam DID Bourg Opbari Line Features $O 00 Voice Messaging $O 00 SPR I r IP addresses 9000 SPECIAL CONSIDERATIONS ,�!� �R^pc�Sy Resosdion SOOo > .aL"�'°..w'rW �' ' ski.xis.NS6.1' is`&:i.:3�1...w�.+.'+r u. «� "ftacA';r'.kOn% DNS ("yes r No Hosting $000 Please lower the cmut pncng from S680 to S660 per PRI per rronth and also the new lower rate •m charge low 1 address TOTAL $oA0 LD cagrg plans Any expedites beyond Focat's standard provisioning mtenvW s may be subject to addnbomi romecumng charges Cuslorral be table for the applicable nisi-rewmng and rearruq charges as o8he date Disservice m installed and available for Customer use Credit for voice products appy as follows (a)Customer shall receive a credit equal m amount to(I)one days recurring charges for arty araitwhem a Serino Imertuptnrls of such chcud of a duration of 5 hours or less occurs n any calendar month and(a)one mmm's retuning charges for anY araiwhere Serwca InrorNption of Wch marl of a duration m exmsa of 5 haun Dittos in any Ulenaar montlr la)'Servlca blertuption'mearo Ihat aaaetN cucwl ie imraeals antl not.M use aY Cisbnier as a reiiva of the tadtre of Focal-coritmlled equipment or persmnel A Sainte In1ermobn stall not occur or continue if the interruption occurs because of a failure in equipment that marl under Facers control ar arcumstances outside the i bd of Focal I Focal provides reasonable notice that a service disruption will occur to enable Focal to perform maintenance,such sanvrcle disruption will not be considered a Service Interruption SIGNATURES Foot Communications Corporation Customer By BY print or type new here print or type name here SIGNATURE SIGNATURE r Signature afr File f- Signature m Fie Title Date Title Date Page 1,Customer Service Order Usage Pricing Attachment Operating State: WA Select Term:nYear(s) Local Services(Full minute incremental billing) Local nat-Dlscount Plan WA V I 4= please select one call plan Std Rate lntraLATA Toll $0 0400 FocaLINC Local $0 0000 AS local calls are m o rated All I.od DA ca0 are suofed to a charge per call of 5050 Long Distance Services (18/6 incremental billing) FocaLINC Dlsrnu it Plan WA D3 T 40� please select one call plan Voice Service Std Rate Digital Data Service Sid Rate Off-Markel Interstate $0.0375 Off-Market Interstate' $0 1235 Off-Markel Intrastate $0 0665 Off-Market Intrastate $01900 On-Market Interstate $0 0261 On-Market Interstate $01211 On-Market Intrastate N/A On-Market Intrastate N/A On-Net Interstate $0.0119 On-Net Interstate On-Net Intrastate N/A On-Net Intrastate N/A 48 corillguou5 states oriy Digial Data Smote ales apply to PRI only See fW0wirp pages of mm Pnong Allachnenl Well inlemaaonal relies A klded in this plan AN National DA call are wbied to a purge of$0 75 per ell Focal Toil Free Services(1816 Incremental billing) Focal 800-Dlscoun[ *40� please select one call plan Voice Service Std Rate Digital Data Service Std Rate Interstate` $0 0375 Interstate' $01306 Intrastate $0 0665 Intrastate $0 1805 '48 Nriti;W s steles Only Digital Data Service rates apply to PM only All calls ongeubng from a payphone an:su4ect to a toll-tree surcharge of$35 per call See following pages of the Pnang Anacr r nt for as oWnaleonai relies inUuded al Ms pan Tall Free Feahre-NRc STslfealure,MRD$50Heahrre Comments_ V 6 0 Initials- Usage Pricing Attachment k0CVIr National Exchange Services NXS-Measured Discount Plan 03 Please select one call plan Std Rate NXS-Voice $0 0425 NXS-Enhanced Services $0 0400 Volume Discounts,; MonNy'6s�o�e; DI un' $700-$1,398 : ` 10% - $1,400r All usaQelppes oonhLue to ewathV4waeihre8holde.DJS:6w*ea"locate3k1mved ahove(emeptwtwte"ad) - Comments: V 6 0 Initials- Usage Pricing Attachment International Voice Rates* Intentabonal rates are not subject to du c nl but contnblae to tlre.4holds,and are induded in the long Distance call plan Focal,at us own dwelton can aapiat international rates Wth 14 days nonce to the watoaw Coun Std Rate Country Std Rate Afghanistan $4 84 Brunei $0 16 Alaska $0 08 Brunei(mobile) $0 18 Albania $0.25 Bulgaria $020 Algeria $0.20 Bulgaria(Mobile) $0 30 Algena(Mobile) $0.25 Burkina Faso $0 38 American Samoa $0 41 Burkina Faso(Mobile) $0 38 American Samoa(Mobile) $0 41 Burundi $0 26 Andorra $0.09 Cambodia $0 50 Andorra(mobile) $0 41 Cambodia(Mobile) $0 50 Angola $0.37 Cameroon $0 42 Angola(Mobile) $0.38 Canada-Alberta $0.03 Anguilla $0 27 Canada-British Columbia $0 03 Antarctica(Casey) $0.92 Canada-Manitoba $0 03 Antarctica(Scott) $1.86 Canada-New Brunswick $0 03 Antigua $0 28 Canada-Newfoundland $0.03 Argentina $0 07 Canada-Northwest Territory $0.03 Argentina(mobile) $0 25 Canada-Nova Scotia $0.03 Armenia $0 50 Canada-Nunavut Territory $0 03 Armenia(Mobile) $0 50 Canada-Ontario $0.03 Aruba $0.23 Canada-Prince Edward is $0 03 Aruba(Mobile) $0 23 Canada-Quebec $0 03 Ascension Island $1.19 Canada-Saskatchewan $0 03 Australia $0.03 Canada-Yukon Territory $0 03 Australia(mobile) $0 28 Cape Verde Islands $0 42 Austria $0 03 Cayman Islands $0 19 Austria(mobile) $0 35 Central African Republic $0 37 Azerbaijan $0 31 Chad $0 66 Azerbaijan(mobile) $0 59 Chile $0 04 Azores $5 00 Chile(mobile) $0 37 Bahamas $0 13 China $0 04 Bahrain $0.37 China(mobile) $0.04 Bahrain(Mobile) $0 39 Christmas&Cows Is. $0 92 Bangladesh $0 30 Cocos-Keeling Islands $0 92 Bangladesh(Mobile) $0 30 Colombia $0 17 Barbados $0 27 Columbia(mobile) $0.18 Belarus $0 44 Comoros $0 53 Belarus(Mobile) $0 44 Congo $0.51 Belgium $0.03 Congo Republic(Mobile) $0 51 Belgium(mobile) $0 42 Cook Islands $19 98 Belize $0.26 Costa Rica $0.14 Belize(Mobile) $0 26 Costa Rica(mobile) $0.14 Benin $0 30 Croatia $0.12 Bermuda $0 16 Croatia(mobile) $0.40 Bhutan $0 24 Cuba $1.68 Bolivia $0 30 Cuba(Guantanamo Bay) $1 80 Bolivia(mobile) $0 32 Cuba(Mobile) $1 68 Bosnia&Herzogovina $0 36 Cyprus $0 15 Bosnia Herz(mobile) $0.44 Cyprus(mobile) $0 47 Botswana $0 26 Czech Republic $0 06 Botswana(Mobile) $0.26 Czech Republic(mobile) $0.31 Brazil $0.10 Denmark $0.05 Brazil(mobile) $0.28 Denmark(mobile) $0.39 British Virgin Islands $0.26 Diego Garcia $9.98 V 6.0 Initials Usage Pricing Attachment �QCVC International Voice Rates' bgemabonal rates are not cabled to dtswunt but tvnutbule to{Megmids and are mcluded m 4he long Distance tall plan Fom,at as o drvebon,can adjust inmal bmal rates w h 14 days notice to the wslp Court Std Rate Co_ult�l Std Rate Djibouti $0.50 Guyana $0 49 Dominica $0.33 Haiti $0.23 Dominican Republic $0 12 Haiti(mobile) $0 49 Ecuador $0.26 Hawaii $0.05 Ecuador(mobile) $0 26 Honduras $0.56 Egypt $0.32 Honduras(Mobile) $0 56 Egypt(mobile) $0 35 Hong Kong $0.03 El Salvador $0 21 Hong Kong (mobile) $0.03 Ell Salvador(mobile) $0 22 Hungary $0 09 Equatorial Guinea $0.50 Hungary(mobile) $0 36 Equatorial Guinea(Mobile) $0.50 Iceland $0.06 Eritrea $0 66 Iceland(mobile) $0.40 Estonia $0.05 India $0.33 Estonia(mobile) $0 58 India(mobile) $0.38 Ethiopia $0 68 Indonesia $0 12 Ethiopia(Mobile) $0 68 Indonesia(mobile) $0 22 Faeroe islands $0 35 Inmarsat Skyphone $13 99 Falkland Islands $1 10 Inmarsat-A $13.99 Fiji Islands $0 50 Inmarsat-B $13.99 Finland $0.04 Inmarsat-M $13.99 Finland (mobile) $042 Inmarsat-Mini M $13.99 France $0.04 Iran $0 41 France(mobile) $0 39 Iran(Mobile) $0 41 French Antilles $0 30 Iraq $0 60 French Antilles(mobile) $0 74 Ireland $0.03 French Guiana $0 30 Ireland(mobile) $0.42 French Guiana(mobile) $0.74 Israel $0.04 French Polynesia $0.37 Israel(mobile) $0 16 French Polynesia(Mobile) $0.37 Italy $0 04 Gabon $0 28 Italy(mobile) $0 37 Gabon(Mobile) $0 28 Ivory Coast(CBte d1voire) $0 34 Gambia $0 38 Ivory Coast(Mobile) $0 42 Gambia(Mobile) $0 38 Jamaica $0 38 Georgia $0 10 Japan $0 05 Georgia(mobile) $0.24 Japan(mobile) $0 28 Germany $0 03 Jordan $0.26 Germany(mobile) $0 32 Jordan(mobile) $0 38 Ghana $016 Kazakhstan $0.28 Ghana(mobile) $0 18 Kazakhstan(Mobile) $0.38 Gibraltar $0.18 Kenya $0.49 Gibraltar(mobile) $0.54 Kenya(Mobile) $0 56 Greece $0 07 Kiribati $7.98 Greece(mobile) $0 30 Korea,North $3.44 Greenland $1 16 Korea,South(mobile) $0.11 Greenland(Mobile) $1 07 Kuwait $0.20 Grenada $0 32 Kuwait(mobile) $0.30 Guadeloupe $0 30 Kyrgystan(Mobile) $0.40 Guadeloupe(mobile) $0 74 Kyrgyzstan $0.34 Guam $0 08 Laos $0.44 Guatemala $0 21 Laos(Mobile) $0 76 Guatemala(mobile) $0 21 Latvia $0 22 Guinea(Mobile) $2 84 Latvia(mobile) $0 34 Guinea(PRP) $0 38 Lebanon $0.26 Guinea-Bissau $2.40 Lebanon(mobile) $0.42 V 6 0 Initials, Usage Pricing Attachment Intemational Voice Rates* Intemational roles are n subject to tliscount but contribute to Ibre5bo105,awl are ncWed n the Long Drslame call plan Focal,al es a m Msaeam,ran adjust mtematbnal rates a+in 14 days nice to aro astomer Coun Sid Rate Country Std Rate Lesotho $0.32 Nepal $0 51 Lesotho(Mobile) $0.32 Netherlands $0 04 Liberia $0.28 Netherlands(mobile) $0 51 Liberia(Mobile) $0.28 Netherlands Antilles $0 21 Libya $0.26 Netherlands Antilles(mobile) $0.32 Libya(Mobile) $0.36 New Caledonia $0.50 Liechtenstein $0 08 New Zealand $0.04 Liechtenstein(Mobile) $0 28 New Zealand(mobile) $0 49 Lithuania $0 28 Nicaragua $0.26 Lithuania(mobile) $0.30 Nicaragua(Mobile) $0 26 Luxembourg $0.04 Niger $0 22 Luxembourg(mobile) $0 42 Nigeria $0 32 Macao $0 39 Nigeria(Mobile) $0.42 Macau(Mobile) $0 39 Niue Island $7 98 Macedonia(former Yugoslav $0 40 Norfolk Island $7 98 Macedonia (mobile) $0.52 Northern Marianas Islands $0 46 Madagascar $0.52 Norway $0 03 Madagascar(mobile) $0.58 Norway(mobile) $0.36 Malawi $0.12 Oman $0 44 Malawi(Mobile) $0.15 Oman(mobile) $0.44 Malaysia $0.04 Pakistan $0 42 Malaysia Cellular $0 08 Pakistan(mobile) $0 42 Maldives $0 70 Palau $0 62 Mali Republic $0 50 Palestine $0 04 Mali Republic(Mobile) $0 50 Palestine(mobile) $0 16 Malta $0 29 Panama $0 20 Malta (mobile) $0 29 Panama(mobile) $0 34 Marshall Islands $0 64 Papua New Guinea $1 68 Mauritania $0 40 Paraguay $0 24 Mauritania(Mobile) $0 48 Paraguay(mobile) $0 34 Mauritius $0 46 Peru $0 16 Mauritius(Mobile) $0 46 Peru(mobile) $0 36 Mayotte Island $0 28 Philippines $0 27 Mayotte Island(mobile) $0 84 Philippines(mobile) $0 36 Mexico(Tier 1) $0 08 Poland $0.07 Mexico(Tier 2) $0.14 Poland(mobile) $0.43 Mexico(Tier 3) $0.21 Portugal $0.07 Micronesia(FSM) $1.15 Portugal(mobile) $0.28 Moldova $0 28 Puerto Rico $0 06 Moldova(Mobile) $0 68 Qatar $0 69 Monaco $0.12 Qatar(Mobile) $0 69 Monaco(mobile) $0.44 R6union Island $0 30 Mongolia $0.26 R2union Island(mobile) $0 84 Montserrat $0.35 Romania $0 22 Morocco $0 38 Romania(mobile) $0 35 Morocco(mobile) $0 52 Russia $0.09 Mozambique $0 42 Russia(Mobile) $0 09 Mozambique(Mobile) $0.42 Rwanda $0 34 Myanrnar(Burma) $4.60 Sakahlin $2 05 Myanmar(Mobile) $4 60 San Marino $0 86 Nakhodka $1.04 Sao Tomb and Principe $2 90 Namibia $025 Satellite(ie.Iridium) $2 93 Namibia(Mobile) $0 42 Saudi Arabia $0.30 Nauru $1 26 Saudi Arabia(Mobile) $0 39 V 6.0 Initials kocvc Usage Pricing Attachment International Voice Rates' Intenwllonal rates are rat subject to dlsca"but conWule to Itresholas,and are alluded in the Lora Distance cal pan Focal,at M19 own Wscrebon can MC*Al WanatuMal rates Wdn 14 days rate to the asldner Country Std Rate Court Std Rate Senegal $0.34 Uganda $0.22 Senegal(Mobile) $0.39 Uganda(Mobile) $0.22 Seychelles Islands $0.40 Ukraine $0.22 Sierra Leone $OA3 Ukraine(Mobile) $0 22 Sierra Leone(Mobile) $0.67 United Arab Erirates $0 48 Singapore $0.03 United Arab Emirates(Mobile) $0.48 Singapore(mobile) $0.03 United Kingdom $0 03 Slovak Republic $0.13 United Kingdom(mobile) $0 35 Slovak Republic(mobile) $0.38 Uruguay $0 22 Slovenia $0.12 Uruguay(mobile) $0 22 Slovenia(mobile) $0.42 US Virgin Islands $0 04 Solomon Islands $7 98 Uzbekistan $0 22 Somalia $1.54 Uzbekistan(mobile) $0 22 South Africa $0.10 Vanuatu $7 98 South Africa(Mobile) $0 37 Vatican City $0 42 South Korea $0.05 Venezuela $0 15 Spain $0.03 Venezuela (mobile) $015 Spain (mobile) $0 37 Vietnam $0.62 Sri Lanka $0 31 Vietnam(mobile) $0 62 Sri Lanka(Mobile) $0 31 Wallis and Futuna Islands $7 98 St Helena $2 29 Western Samoa $0 54 St. Kitts/Nevis $0 34 Yemen $0 33 St Lucia $0.32 Yemen Arab Republic(Mobile) $0 39 St Pierre& Miquelon $0 47 Yugoslavia(mobile) $0 44 St Vincent&Grenadines $0 36 Yugoslavia (Serbia&Montenegrr $0 37 Sudan $0 30 Zaire $0 70 Sudan (Mobile) $0 46 Zaire(mobile) $0 73 Suriname $0 40 Zambia $0.16 Suriname(Mobile) $0 40 Zambia(Mobile) $0 16 Swaziland $0.18 Zimbabwe $018 Swaziland (Mobile) $0 20 Zimbabwe(Mobile) $018 Sweden $0 03 Sweden(mobile) $0 40 Switzerland $0.04 Switzerland (mobile) $0 53 Syria $1 12 Syria(Mobile) $1.12 Taiwan $0 03 Taiwan (mobile) $0.13 Tajikistan $0 30 Tanzania $0 49 Tanzania(mobile) $0 49 Thailand $0.21 Thailand(Mobile) $0 21 Togo $0.65 Tonga Islands $0 64 Trinidad&Tobago $0 20 Tunisia $0 38 Tunisia (Mobile) $0 38 Turkey $0 29 Turkey(mobile) $0.35 V 6 0 Initials. Turkmenistan $0.68 Turks and Caicos Islands $0.31 Tuvalu $7.98 v6o Initials, Usage Pricing Attachment Conference Calling' 'CoNwerce Callurg rates are rxX subrect to dis t W4 do not contnbute to thresh" All Conference Calling Products Please select one conference calling category Base Price -41*1111111111toPlease select one pricing level Domestic Toil Free Std Rate Conference Room $0 15 Conference Room Plus $0 20 Board Room $0 30 Board Room Enhanced $0.39 Brd Rm A La Carte Feature Sid Rate Transcription(Per 15 Minutes) $60 00 Blast Fax(Per Page) $45 00 Blast Fax Set-Up $0 00 Cassette $9 00 Reminder Calls $3 00 Recruitment Calls $6.00 RSVP $3 00 No Stow Fee(Per Line) $3 00 Translation(Per Event) SPR Digital Replay(Per Day,Min 5) $100 00 V 6 0 Initials, Conference Calling: 'Conference Calling Mies are not subject to tl=amil and do not O Uilxite to Uiresholds Intemational Outbound-Board Room Coun SW Rate Country Std Rate Afghanistan $3.53 Czech Republic $0.54 Albanta $108 Denmark $0.32 Algena $0 99 Diego Garcia $1.78 American Samoa $0 74 Dpboub $2 01 Andorra $0 73 Dominica $0 91 Angola $1 26 Dominican Republic $0 38 Anguilla $122 Ecuador $131 Antarctica $1 30 Egypt $1 04 Antigua $0.79 El Salvador $0 50 Argentina $0.55 Equi Guinea $2.10 Armenia $154 Entrea $2.87 Aruba $1 04 Estonia $0 75 Ascension Island $1 88 Ethiopia $2 39 Australia $0 34 Falkland Islands $1 67 Austria $0 36 Farce Islands $0 94 Azerbaijan $2 19 Fiji Islands $1.85 Azores $0 43 Finland $0 56 Bahamas $0 38 France $0 32 Bahrain $1.01 French Antilles $0 97 Bangladesh $1.24 French Guiana $1 09 Barbados $0.81 French Polynesia $1.53 Belarus $0.69 Gabon Republic $1 62 Belgium $0.32 Gambia $147 Belize $166 Georgia $163 Benin $1 43 Germany $0 32 Bermuda $0 32 Ghana $0 83 Bhutan $165 Gibraltar $105 Bolivia $0 81 Greece $0 46 Bosnia Herzegovina $0 60 Greenland $1 09 Botswana $107 Grenada $101 Brazil $0 48 Guadeloupe $1 00 British Virgin Islands $0 97 Guam $0 45 Brunei $1 08 Guantanamo Bay $1.39 Bulgaria $0 98 Guatemala $0 57 Burkina Faso $1 70 Guinea $1 38 Burundi $1 61 Guinea Bissau $2 03 Cambodia $2 35 Guyana $1 31 Cameroon $123 Haiti $100 Cape Verde Islands $1 47 Honduras $0 85 Cayman Islands $0 48 Hong Kong $0 32 Central African Rep $2 30 Hungary $0 47 Chad Republic $2 75 Iceland $0.41 Chile $0 44 India $1.42 China $0 50 Indonesia $1.51 Chnstmas/Cocos Is $1 30 Iran $1.28 Colombia $1 13 Iraq $2 60 Comoros Island $2 26 Ireland $0 33 corgo 31 85 Israel $0 34 Cook Islands $2 58 Italy $0 32 Costa Rica $1 29 Ivory Coast $2 27 Croatia $0.62 Jamaica $0 85 Cuba $1 38 Japan $0 32 Cyprus $0 92 Jordan $1 70 V60 Initials Conference Calling' 'Conference Caling tales are not subied to d SoDurd and do not mninbuie to Weshoids Intennational Outbound-Board Room Coun Std Rate Country Std Rate Kazakhstan $1.86 Palau $192 Kenya $1 03 Panama $0 79 Kidbat $2 05 Papua New Guinea $1 23 Kuwait $0.79 Paraguay $101 Kyrgyzstan $1.66 Peru $0 79 Laos $1 96 Philippines $0 55 Latvia $1 02 Poland $0 48 Lebanon $1.11 Portugal $0 43 Lesotho $112 Qatar $165 Liberia $1.22 Reunion Island $1.40 Libya $1.14 Romania $115 Liechtenstein $0 42 Russia $0 63 Lithuania $102 Rwanda $190 Luxembourg $0.55 Sakhalin $120 Macao $1 15 San Manno $1 14 Macedonia $1 13 Sao Tome $2 45 Madagascar $1 94 Saudi Arabia $1 17 Malawi $1 27 Senegal $2 58 Malaysia $0 34 Seychelles Island $2 23 Maldives $1 70 Sierra Leone $1 96 Malt Rep $212 Singapore $045 Malta $0 71 Slovakia $0 82 Marshall Islands $1 37 Slovenia $0 67 Mauritania $1 50 Solomon Island $1 99 Mauritius $1.93 Somalia $3A4 Mayotte Island $2 08 South Africa $0.73 Mexico $0 47 South Korea $0 33 Micronesia $157 Spain $0.34 Moldova $1 18 Sri Lanka $2.08 Monaco $0 51 St Helena $1 74 Mongolia $2 26 St Kitts/Nevis $0 92 Montserrat $1 24 St Lucia $0.81 Morocco $1 15 St Pierce&Mequelon $0 88 Mozambique $1 24 St Vincent $0.79 Myanmar $2 31 Sudan $1 25 Nakhodka $2 51 Suriname $2 36 Namibia $1 09 Swaziland $0 92 Nauru $1.98 Sweden $0.32 Nepal $1.48 Switzerland $0 32 Netherlands $0 32 Syria $1 67 Netherlands Antilles $1.15 Taiwan $0.32 New Caledonia $113 Talikistan $1.48 New Zealand $0 41 Tanzania $1 56 Nicaragua $0 82 Thailand $0 64 Niger $178 Togo $1.99 Nigeria $1.33 Tonga $2 22 Niue Island $3 61 Tnrddad/Tobago $0 87 Norfolk Island 52.09 Tunisia $1 09 North Korea $2.19 Turkey $0.57 North Mariana Islands $0 85 Turkmenistan $1 83 Norway $0 32 Turks/Caioos $1 20 Oman $2 01 Tuvalu $2.03 Pakistan $123 Uganda $124 V 6.0 Initials: Conference Calling' 'Gamer CaYng rates are ra whject to di c t and do rrot CMIAI to to thresholds International Outbound-Board Room Country Std Rate Uganda $1.24 Ukraine $0.72 United Arab Emirates $0.71 United Kingdom $0 32 Uruguay $0 72 Uzbekistan $1 79 Vanuatu $2 29 Vatican City $0 56 Venezuela $0 62 Vietnam $2 34 Wallis/Fut $1 57 Westem Samoa $1 99 Yemen Arab Republic $2 06 Yugoslavia $0 77 Zaire $1.28 Zambia $1.31 Zimbabwe $1.03 V 6.0 Initials: Kent City Council Meeting Date Apri120, 2004 Category Consent Calendar 1. SUBJECT: REPLACEMENT OF 2004 POLICE MOBILE DATA COMPUTERS—AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign purchase orders, payable to Datec Incorporated, not to exceed $65,000 for the purchase of 34 semi-ruggedized laptop computers to replace existing mobile data computers in Police vehicles. 3. EXHIBITS: Memo, Request for Quote, and Datec Incorporated's response 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes No X If no: Council Previously Approved in Technology Plan 2002 Unbudgeted Expense: Fund T20064.63520.1900 Amount $65,000 Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J INFORMATION TECHNOLOGY Stan Waldrop,Director 40 Phone:253-856-40M Fax: 253-856.4700 NS7 KENT Address. 220 Fourth Avenue S W A S H I N O T O N Kent,WA,98032-5895 DATE: March 30,2004 TO: Kent City Councr7 Operations Committee FROM: Stan Waldrop,information Technology Director THROUGH- Mayor Jim White SUBJECT: 2004 Police MDC Replacement MOTION: I move to recommend the Council authorize the Mayor to sign purchase orders for replacement MDCs,payable to Datec Incorporated,not to exceed$65,000. SUMMARY: Purchase 34 semi-ruggedized laptop computers from Datec Incorporated to replace existing mobile data computers in Police vehicles. BUDGET IMPACT: Technology Plan 2002 -$65,000 BACKGROUND: The Police Department has 47 mobile data computers (MDCs). These are semi-ruggedized Laptop computers used for data communication with Valley Communication Center. Our normal workstation replacement interval is 4 years. However, these workstations are on a 3-year replacement cycle due to the more strenuous environment in which they operate. Previously, a fully ruggedized unit was used because of the operating environment. However, after careful evaluation in cooperation with the Police Department, it was determined that semi- , ruggedized units could be utilized allowing more modem technology and a reduced cost. We are proposing to replace 34 of these computers at this time. A request for quotes was published and we received the following responses: Vendor Unit Price Total Datec $1859.39 $63,219.26 CDWG $2146.00 $72,964.00 GTSI $2 219.88 $75 475.92 Unisoft $2 329.40 $79 199.60 Datanode $2 913.05 $98 975.70 Attachments: Request for Quotes Datec Incorporated's Response Kent Council Operations Committee 1 Apni 6,2004 '4 `� KENT W.S..YCIOM INFORMATON TECHNOLOGY QUOTE SPECIFICATIONS QUOTE FOR PANASONIC TOUGHBOOK CF-48 LAPTOPS March 15, 2004 The City is considering the purchase of 34 Panasonic Toughbook CF--48 Semi-Ruggedized Laptops. The City of Kent reserves the right to reject any and all quotes,or waive any informalrties in the process. The City of Kent will award this contract to the lowest and best responsible supplier, based on that supplier's quote,and shall be the sole judge thereof. No plea of mistake in the quote shall be available to the supplier as a defense to any action based upon the neglect or refusal to execute a contract. No supplier may withdraw his/her quote for a period of 45 days after the date the quote is due. Quotes shall include delivery to the City. Suppliers shall be responsible for all goods until delivered to and accepted by the City. General Information: City Contact Information: Chris Beagle,Technical Services Supervisor 253-856-4600 cheagle0a.kent.wa.us Vendor Submittal(format on next page)should be sent to: QUOTE FOR PANASONIC TOUGHBOOK CF-48 LAPTOPS City Clerk 220 4"'Avenue South Kent,WA 98032 Laptop Specifications: Panasonic Toughbook CF-48 semi-ruggedized laptops-Quantity: 34 • Intel Pentium M 1.5 Centrino processor • 512 MB RAM • 40 GB hard drive • DVD/C DRW drive • Windows XP Professkxial • 3-year no-fault warranty • DC tar adapter Due: by 3:00 PM as shown on the City Clerk's dock on the 1st floor of City Hall-3/26/04 Z� KENT wAshn•ro• INFORMAMM TECHNOLOGY QUOTE FOR PANASONIC TOUGHBOOK CF-48 LAPTOPS VENDOR SUBMITTAL Vendor Submittal shall Include the following: 1. Vendor name,address and contact information 2. Price(including shipping and sales tax) Panasonic Toughbook CF-48 semi-ruggedlzed laptops—Quantity: 34 • Intel Pentium M 1.5 Centeno processor • 512 MB RAM • 40 GB hard drive • DVD/CDRW drive • Windows XP Professional • 3-year no4auR warranty • DC car adapter Price Per Laptop $ Shipping $ Sales Tax $ Total $ 3. Estimated shipping time once order is placed 4. List of 3 business references with contact information L7AT�C � 1 N c o R P O R A T E D Your Technology Solutions Provider HEADQUARTERS BRANCH OFFICE 364 Upland Drive,Seattle,Washington 98188 7795 S.W.Cirrus Drive.Beavertan,Oregon 970D8 (206)675-1470 FAX(206)575-1475 (503)641-6644 FAX(503)641-6462 March 24,2004 Chris Beagle City of Kent 220 4e Avenue South Kent,WA 98032 Dear Chris, Datec,Inc.is pleased to submit our response to the bid for the Panasonic CF-48. Datec,Inc is the only Authorized Panasonic service provider in the state Washington. Datec,Inc.is the only TP3 Panasonic Authorized Service Provider for the State of Washington. Datec has the necessary tools and fralnirw)to perform all repairs for Panasonic Toughllooks. As part of our Panasonic service authonzation,Datec,Inc.can make both warranty and non-warranty repairs. We understand the cost of down time in your Industry. Datec Inc.has been a technology solution provider since 1975 celebrating over 28 years in business. Please see our web site atwww.datecimcnet. Please feel free to contact me direct with any questions. i incerely, .� S J _ Alex Aknorde Account Executive Datec,Inc. P:(206)575.1470 F:(2(16)575.1475 alexe0datecinc.net Serving the Northwest Since 1975 E-mail:datec@datecrnc.net Mitt our Website at wr&w.datecinc.net •I \-� KENT Ww�n ue•o• INFORMATION TECHNOLOGY QUOTE SPECIFICATIONS QUOTE FOR PANASONIC TOUGHBOOK CF-48 LAPTOPS March 15,2004 The City is considering the purchase of 34 Panasonic Toughtlook CF-48 SemrRuggedized Laptops. The City of Kent reserves the right to reject any and all quotes,or waive any Informalities in the process. The City of Kent will award this contract to the lowest and best responsible supplier, based on that supplier's quote,and shall be the sole judge thereof. No plea of mistake in the quote shall be available to the supplier as a defense th any action based upon the neglect or refusal to execute a contract. No supplier may withdraw his/her quote fci a period of 45 days after the date the quote is due. Quotes shall Include delivery to the City Suppliers shall be responsible for all goods until delivered to and accepted by the City. General Information: City Contact Information: Chris Beagle,Technical Services Supervisor 253-856-4600 cbeaule(aci.kent wa.us Vendor Submittal(format on next page)should be sent to: QUOTE FOR PANASONIC TOUGHBOOK CF-48 LAPTOPS City Clerk 220 40i Avenue South Kent,WA 98032 Laptop Specifications: Panasonic Toughbook CF-48 seml-ruggedize d laptops—Quantity: 34 • Intel Pentium M 1.5 Cenbino processor • 512 MB RAM • 40 GB hard drive • DVD/CDRW drive • Wlndow5 XP Professional • 3-year no-fault warranty • DC car adapter MHz: by 3:00 PM as shown on the ary cierW3 dodo on the 1st noor or city Han—3fzoJ09 KENT W��MIM�TOY INFORMATION T[CXNOL.00Y QUOTE FOR PANASONIC TOUGHBOOK CF-48 LAPTOPS VENDOR SUBMITTAL Vendor Submittal shall include the following: 1. Vendor name,address and contact Information JM 1111C_ S�l'I� rt✓A 9�fi?$ 2. Price(including shipping and sales tax) Panasonic Toughbook CF-48 semi-ruggedized laptops—Quantity: 34 0 • Intel Pentium M 1.5 Centnno processor • 512 MB RAM / • 40 GS hard dine w�Il �,.'r{C.�P htid. • DVD/CDRW drive �p • Windows XP Professional ;✓t� � • 3-year no-fault warranty • DC car adapter L o 4( sen✓//.�< C«rt ti ��.� Price Per Laptop $ 1 0�f y �N y (��naA/NI u� A)wj(a?rtt/+'%.t 4"A � Shipping $ .,J A a• 1 At" N` Z¢��r+ � ! Sales Tax �•Ci G $ I„-0 51 h Ref " ..¢' Total $ !b$9;51 3. Estimated ping time once order is placed Ot AAvG 9-t vwv,/5 dN /V/a( .�kc ?.b •! •�:oo. I�'�!,< w�.{'� �� aul,�<� �a �!„��n" �� dE1►'vl t 4. Lis of 3 business refe oes with AMU I • vtaQ/Lt Information G �lv.�iet.C.t✓`i.WA.k S 203 Z) �'� " �� /J �A✓•d �C�a°�,c Q C1"A?"(Co C-' 3) U1wtiN 7 a ( w:1r,JA4 4#1&09, ,�I�#Qr,��,. n 3-'z At Kent City Council Meeting Date April20. 2004 Category Consent Calendar 1. SUBJECT: 2004 GENERAL FUND BUDGET ADJUSTMENT ORDINANCE RELATING TO TEMPORARY PERMIT PROCESSING —ADOPT 2. SUMMARY STATEMENT: Adoption of Ordinance No. amending the 2004 budget for adjustments relating to development permit processing. This budget adjustment ordinance adds $200,000 to the City's general fund budget in order to hire temporary staff to timely process development permits over the summer construction season. It is expected that at least $200,000 in additional permit fee revenue will be generated by this additional, temporary staff. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund General Amount$200,000 Unbudgeted Revenue: Fund General Amount $200,000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2004 budget for adjustments relating to development permit processing. RECITALS A. The City of Kent, as with all other greater Puget Sound cities, has struggled to balance revenues with expenditures in a downward trending economy B. In order to reduce expenditures to meet lower revenues, the City has laid off employees and kept vacant positions unfilled, resulting in a net reduction in city staff of approximately 100 employees. C. The City has received evidence of an increase in building permit applications, which will also result in a concurrent increase in permit fees and revenues for the 2004 budget year. D. These permits, however, must be timely processed and, in order to do so, City administration seeks to hire a limited number of additional staff on a temporary basis in order to timely issue permits during the upcoming construction season. E. For these reasons, it is appropriate to increase the 2004 general fund budget in an amount of $200,000 00, in order to hire the temporary staff needed to process increased workload demands in the City's Development Services Permit Center. 1 2004 General Fund Budget Adjustment- Temporary Permit Processing Needs NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Budget Adjustment. The 2004 City general fund budget is amended to include budget fund adjustments as summarized and set forth in Exhibit "A," attached and incorporated into this ordinance. SECTION 2. — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 3. — Severabdity If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance 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. JIM WHITE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK 2 2004 General Fund Budget Adjustment- Temporary Permit Processing Needs APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2004. APPROVED: day of April, 2004. PUBLISHED. day of April, 2004. 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 I j (SEAL) BRENDA JACOBER, CITY CLERK P`AWWRgNUlCFBuflpVayuNwl]IIOLPwmPiausroc �i I �I I it 3 2004 Genera!Fund Budget Adjustment- Temporary Permit Processing Needs EXHIBIT A Permit Center Workload Mitigation Proposals Proposed Department Increase Program Changes Building Services $51,000 Plans Review-Temporary employee for five months Inspections-20,000 for overtime Planning Services $37,000 Hire one temporary planner for five months - 17,000 Overtime costs and other expenses - 20,000 Permit Center $30,000 Hire permit tech. and receptionist for five months Fire $32,000 Overtime costs Public Works $50,000 Two temp. Engineer 2 positions for five months Total Requests $200,000 Additional Revenue $200,000 Kent Station, Lowe's, Sagale, etc. Net Cost $0 i I, Kent City Council Meeting Date April 20, 2004 Category Consent Calendar 1. SUBJECT: RESOLUTION RECOGNIZING VIETNAMESE HERITAGE FLAG—ADOPT 2. SUMMARY STATEMENT: Adoption of Resolution No. recognizing the flag of the former Republic of Vietnam as a heritage flag of the Vietnamese-American community. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6L RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, recognizing the flag of the former Republic of Vietnam as a heritage flag of the Vietnamese- American community. RECITALS A. The end of the Vietnam conflict produced an exodus of over two million Vietnamese who sought a new life. B. Many of these refugees settled in King County, and an estimated 48,000 Vietnamese-Amencans and residents of Vietnamese descent live in and have a long history of contributing to the business, economic development, and culture of our country. C. Vietnamese-Americans have distinguished themselves through community service and in our nation's armed forces. D. Vietnamese-Americans own and operate hundreds of businesses in Washington, which pay millions of dollars in annual taxes and which employ many Washingtonians. E. The City's quality of life is greatly enhanced by the Vietnamese- American community in our country. 1 Vietnamese Heritage Flag F. Many Vietnamese-Americans embrace the flag of the former Republic of Vietnam with three red stripes on a yellow background as a symbol of their heritage and of freedom and democracy in their country of origin NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. — Recognition The City of Kent recognizes the yellow flag with three red stripes as a heritage flag of the Vietnamese-American community and supports the display of this flag at community events and at appropriate locations in the City. SECTION 2. — Severabdity If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. — Effective Date This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of April, 2004. CONCURRED in by the Mayor of the City of Kent this day of April, 2004. JIM WHITE, MAYOR ATTEST• BRENDA JACOBER, CITY CLERK 2 Vietnamese Heritage Flag 10 APPROVED AS TO FORM- TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No passed by the City Council of the City of Kent, Washington, the day of April, 2004 BRENDA JACOBER, CITY CLERK P tGnNiESIXUTIJMVeNany,elMnIaPFW O¢ 3 Vietnamese Heritage Flag The Honorable Jim White, Mayor and City Council members City of Kent 320 fourth Avenue S Kent, WA 98032 Dear Mayor White and council members, 1, undersigned, QUY NGUYEN , 77 years old , resident of Kent at 13204 SE 261st Street from 1992, am writing to you about my concern on our National flag (three red stripes on the yellow background) 1 was an officer of the National Police at Saigon for 25 years After the Communists took over the country I was imprisoned at a concentration camp almost 13 years including 4 years of confinement. During those 13 years my fellow prisoners and I were tortured, labor forced and mistreated by Communist guardians due to their retaliation and persecution policy. On September 1988, thanks to the intervention of the US government at that time, I was released and fled my country after that for the USA. I left Vietnam with nothing but the Vietnamese National flag that I kept and embraced as a symbol of freedom and democracy. So I solicit for recognition of the National flag as the official flag of the Vietnamese-American community. I thankfully appreciate your support. Besides, 1 understand that the Communist government will interfere into our internal affairs by sending their team to ask the local government to denounce the National flag because of their relationship with the US government. They're scared of the wave of freedom and democracy will spread over their country later. But they don't know the difference between local and federal laws. For example, councilmember Maura A Hennigan of Boston, Massachusetts responded to the men from the Communist Embassy: "What you feel in Washington that is in Washington and we here in Boston support our community here. If the Vietnamese-Americans feel they would like their flag to be the symbol of their community in our neighborhood it's important for us to support them on that.„ Dear Mayor White and Kent City council members, + Once again please don't discourage me and let me be disappointed. Your "yes" vote is very, very important and precious to me. Respectfully, LETTER OF SUPPORT We, undersigned citizens of Kent, WA or employees in Kent, WA support the request of Viet narzese-Americans communi t ySi about +{/t heir YNational Flag ( three red s-: ripes yj This flag is a symbol of their heritage and emblem t hey lovely embrace in the U5A. # Name Address Signature 0- �,NIILLF� Lt. 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I , l/i, (Ltd wQ < Y Sc k Zz J 1 P3 # Name Address Signature C r Ci.1 tl trcOcz --ram A �� OLML 12 sIS� /33V5 c=S&AV vo1A 1d, Z�/)-ld v r� IA152 z 1& 41 PL• 5-E 1(A4 33 SE 2-G4-►it F. p C cr C v V.i b ►%C�}W. 1Cwo - Ao 2e e �-eR k Wit R i)q---) - S 15 I sr g�v�. kingcountyjournal.com - Home Page 1 of 2 Marketplace I"ING COUNTY • . ou rn a Idngcounty journal.com , Archive I Mytown I Classifieds I Home Delivery I Advertising I Contact Us Home Monday, April 12, 2004 + + Local News Business Boeing News " Fragile - cease-fire In Fallujah (04-12- 2004) Prep Sports ' FALLUJAH, Iraq -- A fragile cease-fire Sports held between Sunni Insurgents and U.S. Opinion t Marines on Sunday in the besieged city Obituaries t t4h of FalluJah, where Iraqis said more than �i Paid i r. 600 civilians were killed in the past ^��'!„ ` �° s week. Near Baghdad, gunmen shot Obituaries down a U.S attack helicopter, killing Milestones two crewmembers Living I Entertain. Evergreen Hospital says expansion is Women critical need_(04-12-2004) Journal Quy Nguyen and his daughter,Catherine, 11, KIRKLAND -- Like the district it serves, +Igoe Site Ma along with his wife (not pictured) are Evergreen Hospital Medical Center is hit p petitioning the Kent City Council to adopt a growing older and more crowded Search resolution recognizing the flag of the former Archive Republic of Vietnam as the Vietnamese Heritage Flag Vietnam has strongly opposed public safer similar measures. (Gary Kissel/Journal) - 04- 20 _ v. cell tOwer� Clash (04 12 12-2004 04) World News Officer Brad Estill last week raced to a MoneyWire bank robbery in Bellevue, where a man Two flags, one battle (04 12-2004) with a large kitchen knife was escaping MytoWn When he finally was able to flee south of Interstate 90 in Factoria. �K Vietnam and come to the United Classifieds States, Quy Nguyen of Kent had few personal possessions. Traffic Weather Lotto Crossword Dilbert Make this page your homepage Horoscope Receive kingcountyJournal com headlines via email ' Movies Komo TV m komo TV Listings MUR1�� sn b•I�►LL NBC . Sampte Home K Delivery Jc Advertising Jobs with US Eastside: South County: C. About Us King County Journal King County Journal Contact Us 1705 132nd Ave. N.E. 600 Washington Ave. South Bellevue,WA 98005-2251 Kent, WA 98032 Phone: 425-455-2222 Phone: 253-872-6600 kingcountyjournal.com - Two flags, one battle Page 1 of 4 ILE clawified itlarketplaee KING COUNTY 0 "Law ru a kingcountyloumalincom Archive I Mytown I Classtfieds I Home Delivery I Advertising I Contact Us Home Local News Two flags, one battle Business Boeing News 2004-04-12 Prep Sports by Bruce Rommel Sports Journal Reporter Opinion Obituaries When he finally was able to flee Vietnam and come to the United States, Quy i Paid Nguyen of Kent had few personal possessions. Obituaries Milestones But he had his flag. The yellow banner with three red horizontal stripes had been hidden in his home in Saigon for 13 years while he was held as a political prisoner Living and subjected to forced labor and solitary confinement. Entertain. Women's That flag now is folded and stored in a plastic bag at his family's home near Lake ,iroi Journal Meridian. Site Map li Search ' 'This flag is my heritage and to me it represents freedom and democracy, said Archive Quy, 77. World News But his efforts and those of other Vietnamese-Americans to gain recognition of the MoneyWire flag of the former Republic of Vietnam are causing diplomatic ripples from Washington state to Hanoi. Mytown The old Vietnam ceased to exist after North Vietnamese forces overcame Saigon R Classifieds in South Vietnam in 1975, ending the Vietnam War and making Hanoi the capital of a reunified Vietnam. Traffic r Weather Quy's homeland now is the Socialist Republic of Vietnam and that nation's official Lotto flag is a red banner with a gold star. Crossword 5 Dilbert The efforts of Quy and others to obtain honorary motions and resolutions from Horoscope states, counties and cities recognizing the yellow-and-red flag as the Vietnamese Heritage Flag, has provoked the objections of the Vietnamese ambassador to Movies Washington, D.C. Komo TV TV Listings Now that the so-called Republic of Vietnam ceased to exist over 30 years ago, its flag therefore no longer has legal standing," said Ambassador Nguyen Tam Home Chien in a letter to Gov. Gary Locke and King County officials. K Delivery Jc Advertising In the letter written in March, the ambassador also noted that Vietnam buys Jobs with Us airplanes from The Boeing Co. and that the Port of Seattle has a sister city in About Us Vietnam. Contact Us The letter said the requests for recognition of the former flag are written to revive the hatred and sadness" of the past and ' 'that doesn't serve the kingcountyjournal.com - Two flags, one battle Page 2 of 4 interests of either Vietnam, or the United States, or Washington state." + + Flag displayed in homes Quy, however, and other Vietnamese-Americans are hoping that the yellow flag with the three red stripes will be formally acknowledged as a symbol of their heritage and their homeland. Many Vietnamese-Americans who came to the United States after the fall of Saigon (renamed Ho Chi Minh City), display the yellow-and-red flag in homes, businesses and at community events. In Washington state, seven cities and Pierce County have adopted resolutions recognizing the heritage flag. Quy lobbied the Kent City Council last week to recognize the heritage flag and council members are scheduled to vote April 20 on a resolution recognizing not only the flag, but also the contributions of Vietnamese-Americans to the community. King County Councilman Rob McKenna of Bellevue and Councilwoman Jane Hague of Kirkland are sponsoring a similar resolution, tentatively scheduled to come before the full County Council April 19. Many Vietnamese-Americans refuse to recognize the red banner and star of the Socialist Republic of Vietnam. Some call it ' 'the communist flag" that represents the loss of democracy and abuse of human rights under the current Vietnamese government. Imprisoned after Saigon's fall Quy Nguyen has ample reasons to support the yellow-and-red flag. A member of the Vietnam National Police in Saigon for 25 years, he was among thousands of South Vietnamese military personnel and government employees imprisoned by the new government after the fall of Saigon in 1975. Quy endured nine years of forced labor, toiling seven days a week on farms. He spent four years in solitary confinement in a small cell, his legs shackled He is deaf in his right ear from being punched in the head many times by his guards. He cups his hand as if holding a softball to show the size of the food bowls he was given in prison. While working in the fields, he was given two bowls of chopped, raw vegetables each day. When in solitary confinement, he got one bowl a day. On some holidays, he said, they got rice and meat. Many others who supported South Vietnam or aided the U S military during the Vietnam War endured similar experiences ' 'I was lucky. I only served three years in prisons," said Seattle resident Kim Phan, 54, who was imprisoned because he was an officer in the South Vietnamese navy ' 'and an ally of the United States in the war." Phan said he has many friends now in the United States who served seven to 10 years and some who were held longer after the war. hF+n• lhnn.nr Linitn.�i nhrTnr i-naf -/c+t 4 11 rin7'l nn-)I-)nnd kingcountyjournal.com - Two flags, one battle Page 3 of 4 Neighbors sign petition The publisher of the Vietnamese Northwest newspaper, which is circulated in Western Washington, Phan and others have requested the resolution from the King County Council recognizing the Vietnamese heritage flag. If they win approval, they will seek resolutions from other cities in King County, Phan said. Bao Bui of Tacoma, a member of the state chapter of the Committee Honoring the Vietnamese Nationalist Flag, has been helping Quy Nguyen and his family petition the Kent council for a resolution. The Kent family collected 100 signatures supporting them from neighbors and others in the community. Bao said resolutions recognizing the heritage flag have been approved by Pierce County and in Olympia, Tumwater, Lacey, Puyallup, Lakewood, Dupont and University Place. Nationwide, Bao said, resolutions recognizing the heritage flag have been approved by the states of Hawaii, Louisiana and Virginia, and by 48 cities in 14 states since early 2003. Such resolutions are largely symbolic and carry no force of law. They are similar to the proclamations and memorials routinely issued by mayors and government officials in recognition of civic groups, local volunteers or to honor veterans or others. State lobbying efforts failed Jeanne Keenan, an assistant for King County Councilwoman Jane Hague, said the County Council measure is primarily a recognition of the Vietnamese-American community and their contributions to King County. About 48,000 residents of King County are of Vietnamese descent and about 7,000 of them are registered voters, Bao and others say. Across the state, Vietnamese-Americans own and operate about 3,000 businesses and contribute more than $50 million in taxes, they say. Resolutions before the state Legislature died in the last session after Vietnamese officials began lobbying state officials and legislators. Kirsten Kendrick, a spokeswoman for Gov. Locke, said the state's policy is to follow the U.S. Department of State's policy. And that policy is to display the official flag of a foreign nation at the state capital in Olympia whenever a head of state or other dignitary is visiting the Capital Campus. However, the capital doesn't have any Vietnamese flag in its collection, which includes flags of about 30 foreign nations, Kendrick said. The Vietnamese government's objection to recognition of the heritage flag comes as no surprise to Quy Nguyen and his family. His wife asked that she not be named because she visits her mother and other family members in Vietnam every few years. On each arrival, she said, she must register with officials and tell them who she is visiting. Her efforts to gam recognition of the former flag would be seen as ' 'anti-government" in today's Vietnam and she fears that could cause problems for her family. kingcountyjournal.com - Two flags, one battle Page 4 of 4 Daughter learns about flag The couple also wants to Impress upon their 11-year-old daughter, Catherine, the Importance of their homeland's flag. When she was in first grade, her teacher asked her to draw a flag of her homeland and showed her an example. It was the red banner and gold star of the Socialist Republic of Vietnam. Unaware of the two flags at that age, she copied the flag and proudly showed her picture to her parents. Her father sat down with her and told her about the two flags and the homeland he was forced to flee. • 'I went back and explained it to my teacher," said Catherine, now a fifth-grader at Lake Meridian Elementary. "Then I drew the Republic of Vietnam flag and took it home," she said. My parents were proud." THE TWO FLAGS * The flag of the former Republic of Vietnam, which ceased to exist after 1975, is a yellow field with three horizontal red stripes. Vietnamese-Americans nationwide are asking it be recognized as a symbol of their heritage and their homeland * The official flag of the Socialist Republic of Vietnam, created in 1975, is a red field with a gold star The Vietnamese government wants U.S officials to recognize this flag only Many Vietnamese-Americans view the red-and-gold flag as a symbol of oppression. Eastside: South County: King County Journal King County Journal 1705 132nd Ave. N.E. 600 Washington Ave. South Bellevue,WA 98005-2251 Kent, WA 98032 Phone: 425-455-2222 Phone: 253-872-6600 Fax:425-635-0602 Fax: 233-854-1006 All materials Copyright © 2004 Horvitz Newspapers, Inc. Any questions? See our contact page h F+r.• l/I.n..vr III n n nn Ii n{- tin,i.-nMI nnm/cit•o rl/ci•nni!h1-.n1/1 F1 r1-7 ) The Seattle Times: Local News: Vietnam's embassy opposes honoring former flag Page 1 of 4 tvnatl7 ' r�xLEr NW w i - 0�A BD " ntutrowd c :t '�'1 . .:�_bil nwctassifi elp Seattlec titles Nor LOCAL NEWS In Sea Your account Today's news index Weather Traffic Movies Restaurants Today'ff NEWS / HOME Thursday,March 18,2004-Page updated at 1200 A M LOCAL NEWS Sr LOCAL Eastside Vietnam's embassy opposes honoring Snohomish County '*, Today i_ AI COLUMNISTS former flag Advanced search Nicole Brodeur - _ '- Danny Westneat By Tan Vinh AD-JEFTIE Sherry Grindeland Seattle Times staff reporter Careei On Politics Improvtn Inside The Times To some city and county governments Ili Flag of Socialist Here and Now in Western Washington, passing a i 1 Seattle Universit The Rev. Dale resolution to honor the defunct South Master of Business Turner Vietnamese flag at community events Republic Administration Jan us for an mfor BUSINESS/TECH and International festivals is a of Vietnam session respectful nod to Vietnamese NATION/WORLD Seattle fSci a Science. POLITICS refugees here—an innocuous gesture much like issuing a good- Master of science EDUCATION 9 9 9 Open House Sched deed proclamation or praising the Girl OBITUARIES Scouts Seattle Pacific UI SPECIAL PROJECTS Master of Science, Information Systei tiI f Nd But the Vietnamese government Management ^n F'T; doesn't see it that way Attend our next In a Session EN-1 ERTAIt' MENT Seattle Pacific Ui In the coming weeks,the embassy of E1LrH the Socialist Republic of Vietnam in Defunct flag Graduate Program TRAVCL / Washington, D C., will lobby the Competence and C OUTDOORS Metropolitan King County Council and of South Vietnam UW Extension LIVING other Puget Sound-area Evening and Distal municipalities, urging them not to Choose arningrCe over PACIFIC NW hf;aGA2I N E honor the flag of the fallen pift_-aew"T"Mow different programs C014105 / GAMESgovernment of South Vietnam. PHOTOGRAPHY Already in the past two months, high- NWCLASSIFIEDS ranking Vietnamese officials have rvwsouRCE written Gov. Gary Locke and dozens of legislators saying support of the old Oenlarge SERVICES flag would not be in the best interests 0 E-mail this article of either the United States or Vietnam, reminding state officials that Vietnam 5 Print this article R DVEF`TIeIIJG has purchased Boeing airplanes and O.Search archive that the Port of Seattle has an exchange program with Vietnam's Port of Hai Phong. The defunct flag—a yellow field with three horizontal red stripes— represented South Vietnam until the country fell to North Vietnam in 1975. The Seattle Times: Local News: Vietnam's embassy opposes honoring former flag Page 2 of 4 (`✓TOYOTA It has deep sentimental value to many loyal refugees who hang it m their NATION restaurants and homes, either to reject the communist regime as rightful WIDER ruler of their homeland or to protest the country's human-rights record SALES-4 In April, the King County Council is to consider a resolution to recognize the old flag at various public events and encourage other cities and i counties to do likewise. Council members Rob McKenna, R-Bellevue, and Jane Hague, R- Kirkland,the resolution co-sponsors, said they will go forward despite any pressure from the embassy. "I don't think it's appropriate for the Vietnam embassy to lobby King \•/ County on this issue,"said McKenna "Our resolution speaks to the flag of South Vietnam as a symbol of the Vietnamese community(m King County). It does not comment on the current government of Vietnam." While some Vietnamese Americans, especially younger ones, believe its not productive to focus on the past and its symbols, the flag issue is sensitive for many refugees, especially older ones who experienced decades of war between North and South Vietnam and who supported the fallen government. To them, Vietnam's official flag—a red banner with a single gold star—is a hated reminder of an oppressive regime many were forced to flee when Saigon fell. Embassy spokesman Chien "T'" Bach said honoring Where Would Your the fallen flag in any way is a "scheme to revive a dead flag, Family Be Without open up the war wounds on both You? sides" and impede relations between i the United States and Vietnam. "The Republic of Vietnam ceased to ^^ `'r •°uy •""`• exist nearly 30 years .. .. •,- - . - ago. When a regime ceased to exist, its symbols no longer bear any meaning ... and are replaced with the symbols that belong to the new regime,"Bach said. The Vietnam War was a painful experience for many families and soldiers, and the Vietnamese government has tried to reconcile with refugees here and elsewhere in the United States, Bach said. Nationwide, other cities also have supported flying the old Vietnamese banner. Washington state caught the attention of the Vietnamese government because dozens of local governments here have taken up the flag issue in recent weeks and months Tumwater, Lacey and Olympia in Thurston County; Pierce County and the Pierce County towns of The Seattle Times: Local News: Vietnam's embassy opposes honoring former flag Page 3 of 4 Lakewood, DuPont and Puyallup all have passed resolutions recognizing the old flag Tuan Vu of Olympia and Norman Le of Lacey,co-chairs of the Vietnamese Committee Against the Viet Cong Flag, a group composed mainly of former Vietnamese prisoners of war and war veterans, are leaders in the campaign to support the defunct flag. "The flag is our heritage. It is to remind our grandchildren where we came from,"said Vu. The Vietnamese government, said Le, should have better things to do than worry about what citizens in Tumwater or Lacey think of the flag. In the last session of the Legislature, bills were introduced in both the House and Senate to honor the defunct flag. No action was taken on either because many state officials feared Vietnam would stop buying Boeing planes, several state senators and legislative aides said. In January 2002,Vietnam purchased four Boeing 777s, two of which have been delivered, according to Boeing officials. 'The Vietnamese government lobbied hard against"the flag bills, said Sen. Marilyn Rasmussen, D-Eatonville. "For trade reasons, (the Senate flag bill)was set aside" Embassy spokesman Bach said the Vietnamese government would reiterate those strong international ties to the King County Council and the cities. Tan Vmh:206-515-5656 or tvinh@seattletimes corn Copvrc� 2u04 T` J More local news headlines +aAw&jii rtrreurt^i - Get home delivery for$1 95 per-week Ads by Google wears This Watch Vietnamese Channel "win =a,l-ui com VTV4 on Satellite in the USA No Monthly Fee, Easy Installation Authentic Water Puppets"V,etnampseArtwork coin Handmade Vietnamese water puppets Some used in real shows.On sale Vietnam War"www questia corn Research the Vietnam War at the world's largest online library. seattletimes.com home Home_deliv_ery I Contact us I Search archive Site map I Low-graphic NWclassifieds I NWsource I Advertising-mfo I The Seattle Times company Copyright Ch 2004 The Seat+.le Times Company The Seattle Times: Local News: Vietnam's embassy opposes honoring former flag Page 4 of 4 T Back to top '1/1l1 D The Seatbe Times: Official Vietnamese flag provokes protests, pain Page 1 of 4 W Don't spin wheels is Find the exact car you want at the right price- fast! S Service of c Seattle Times Company , , t,� �tf �� tttt 1, A R C I V E Hor weattletem�_ j Sea Your account Today's news index Weather Traffic Movies Restaurants Today's NEWS/ HOME OPINION Local News-Monday,February 23,2004 ADVERTIS SPORTS ENTERTAINMENT Official Vietnamese flag provokes protests, HEALTH pain TRAVEL/ OUTDOORS By Tan Vinh LIVING Seattle Times staff reporter PACIFIC NW MAGAZINE When students at an Olympia community a E-mail this article Search it. COMICS / GAMES college hung the official flag of Vietnam g Print this article Map L. PHOTOGRAPHY as part of a larger international display to Build it. N W CLASSIFIEDS honor foreign students in 2002, it was meant as a welcoming gesture. SERVICES But to many Vietnamese Americans and refugees on and off the campus, YOUR ACCOUNT the communist government's red banner with a gold star symbolized an ALERTS/E-MAILS oppressive regime they had been forced to flee, and as word of the flag's ARCHIVE display circulated, hundreds protested and flooded the school with angry Help e-mail. Other searches CONTACT US The Incident fueled a larger movement in Vietnamese communities in the Puget Sound area urging local governments to either ban the official SEND US NEWS TIPS Vietnamese flag or accept the former Republic of Vietnam flag as an CORRECTIONS alternative banner at public schools, international festivals and other WIRELESS events. TODAY'S FRONT PAGE While some Vietnamese Americans believe it's not productive to focus on HOME DELIVERY the past,anti-flag sentiments have become an issue in Vietnamese communities throughout the United States. HOW TO ADVERTISE "We ran away from communism and that flag 30 years ago.And now It's following us in our own back yard," said Tuan Vu,62, of Olympia, co-chair NWSOURCE of the Vietnamese Committee Against the Viet Cong Flag, composed mainly of former Vietnamese prisoners of war and war veterans. ADVERTISING While the red banner with the gold star is, indeed,the official flag of Vietnam—and has been since the fall of Saigon in 1975,when North Vietnam won the civil war—its display is especially offensive to older refugees who experienced decades of war between North and South Vietnam and who supported the fallen government. The Metropolitan King County Council was to consider a resolution about the Vietnamese flag today but tabled the discussion until next month. Under the resolution, King County would recognize the flag of the now- The Seattle Times: Official Vietnamese flag provokes protests, pain Page 2 of 4 defunct Republic of Vietnam—a yellow field with three red horizontal 1 y _ stripes—as a symbol of the Vietnamese community here,support its display at community events and encourage other cities and counties to a ,- follow suit. Great things `It's a very important issue to the Vietnamese community,"said King arejustan County Councilman Rob McKenna, R-Bellevue,who sponsored the e-mail away resolution with Councilwoman Jane Hague, R-Kirkland. "The resolution is an act of respect for the Vietnamese community and all they have contributed to our region." Spurred on mostly by the communist flag-display in fall 2002 at South Puget Sound Community College in Olympia,Vu and other Vietnamese Sign ucommunity leaders have been lobbying local governments. In the past few • . months, Pierce County and the cities of Tumwater, Thurston County; Lacey,Thurston County;Olympia; DuPont, Pierce County; Lakewood, Pierce County;and Puyallup have adopted resolutions recognizing the old flag. The flag of the enemy' Cities elsewhere in the country have Vietnamese populations done likewise, partly to stop protests.Among other incidents: U.S.* more than 1.2 minion •In 2001, large demonstrations Washington state. 46,149 started in San Jose, Calif.,when the U.S. Postal Service issued King County, 27,484 pamphlets displaying the Vietnam flag. Postal officials pulled Source:2000 U.S. Census thousands of the brochures from post offices nationwide. •In 1999,after a business owner in Orange County, Calif., draped the Vietnam flag in his video store beside a portrait of the late communist leader Ho Chi Minh, police estimated 15,000 Vietnamese Americans protested. Last year, a proposed Virginia law would have required all state- sponsored events and public schools and universities to fly the old South Vietnamese banner instead of the Vietnam flag.The bill didn't pass because the State Department warned it would damage trade relations between Washington and Hanoi. Secretary of State Colin Powell sent a letter to Hanoi last year to reassure the Vietnamese government that he did not support the movement to discredit the Vietnam flag or support the flag of the former Republic of Vietnam. State legislatures in Washington and California have considered similar bills honoring the yellow flag, but both bills died. Norman Le, 69,a refugee who lives in Lacey,spent 10 years in a re- education camp, rising at dawn daily to salute the communist flag before a day of labor.The government incarcerated him for his political activism and anti-communist activities.The image of the red flag and gold star still haunts him, he said, bringing back memories of the lost years away from families and the torture he endured. Tne Seattle Times: Official Vietnamese flag provokes protests, pain r"age 3 of 4 'The flag is symbolic of a lot of pain they suffered from the govemment," . said Jeffrey Brody, a professor at Caldomia State University, Fullerton, and an expert on Vietnamese-American issues. "Remember,the Vietnamese community here is a community of refugees.The (communist flag)to the refugees represents the flag of the enemy. For them, it is probably a symbol that they will never recognize.' Newspapers clash on issue After South Vietnam fell in 1975,the communist regime ripped down all flags of the defeated government and mounted the red banners,signaling that the civil war was over. Many who opposed the communists were imprisoned. Many lost their property. For some, the old flag symbolizes better times. For others, the issue is about rejecting the communist regime as the rightful ruler of their homeland. For many, it's a protest of the communists'poor human-rights records and the denial of freedom of speech. Dat Ho, 61,a Kirkland resident who works for the Postal Service,fled Vietnam in 1975, having lost many loved ones in the war. He traveled to Tumwater recently to urge recognition of the old regime's flag because the communist banner is offensive to refugees, he said, speaking in Vietnamese: "When I see that flag, it brings back the history, the hurt and the pain of the Vietnamese people." In Seattle,the anti-communist sentiment has been the subject of controversy within the Asian-American community, prompting an unusual display of open debate between two of the most popular newspapers in the Asian community. On Feb. 7,the Northwest Asian Weekly published an editorial urging Vietnamese refugees to stop denouncing communist Vietnam and focus instead on helping the Vietnamese people back home or the Vietnamese- American community here, as many younger Vietnamese are doing. "It's time for the Vietnamese American community to move on,' the editorial began. About a week later, some 30 Vietnamese refugees, carrying the old flag, protested across from the newspapers office in the Chinatown International District,denouncing the editorial as insensitive. Some said it downplayed the emotional pull the flag has on refugees and former war prisoners.The protest was a lead news story in the International Examiner,a regional newspaper for Asians published in Seattle. The Nguoi Viet Northwest Newspaper,Seattle's largest Vietnamese newspaper, also berated the Northwest Asian Weekly editorial, acknowledging that refugees here must work toward the future but saying it must never be forgotten that"a democracy was snuffed out at the termination of the Vietnam war." At South Puget Sound Community College,where the communist flag's display created such a furor, numerous debates and forums were held. In a compromise, student leaders decided the red flag would stay, though they would remove it during Vietnamese community events. i he Seattle Times: Omciai Vietnamese flag provokes protests, pain Page 4 of 4 "We are at a more peaceful place now,"said campus spokeswoman Kellie Purce Braseth. "This is a very powerful issue for the Vietnamese community_And they still want that(flag)down." Tan Vinh:206-515-5656 Copyright®2004 The Seattle Times Company Search archive Ads by Googte whafs This? Complete Binaries on Web"easynews com 25+days,Fast w/24hr Support.Easy access to all binaries' 100,000 uncensored groups•www.athenanews com $5.95 per month,no censorship,1 GB daily download,very fast servers Uncensored Usenet Access"www.newshosung.00m Awsome completion and retention.All groups,Up to 150 day retention seattletimes.com home Home delivery I contact us I Search archive I Site map I Low-graphic NWcfassifieds + NWsource I Advertising info I The Seattle Times Company Copyright ©2004 The Seattle Times Company t Back to top Boston.com / News / Local / A fight for Viet flag Page 1 of 2 News A&E Business Sports Travel Your Life Cars lobs Personals Real Estate Today's Globe I Latest News:Local NationWorl d I I Education)Obituaries) Special sections HOME > NEWS > J=9_G91 TOOLS &PRINTER FRU A fight for Viet flag Vic4oicti0lubc 0E_MAILTOAF f5lTOP&MAILEI For immigrants, old banner is a rallying point SEARCH GU By Yvonne Abraham, Globe Staff,and Donovan Slack, Globe Correspondent, 8/13/2003 It is not the first time the Boston City Council has ventured Into foreign policy But this time, _ someone out there is actually taking notice. Two weeks ago, the council unanimously passed a resolution to recognize the "Heritage and Today Freedom Flag"as the official symbol of Boston's Vietnamese-American community. That flag, Past month with its yellow background and three red horizontal stripes, is also the old South Vietnamese C Last 12 mor flag Advanced Sean And that has upset officials of the Vietnamese government, which the United States officially s P o N s a recognized, with full diplomatic relations, in 1995. Officials of the Vietnamese Embassy in Washington came to Boston last week to visit city rACST ZPA councilors, to explain that the official Vietnamese flag is the one associated with what used to Low be called North Vietnam, a yellow star on a field of red. The Vietnamese officials argued that, if Morc any Vietnamese flag is to be recognized at City Hall, it should be that one, because Saigon fell Cars in April 1975 and relations between their nation and the United States have been cordial for All, years. s Flying the other flag is "disrespectful to the entire nation," said Bach Ngoc Chien, press attache firs of the Embassy of Vietnam. we're more 1ha "A small minority of Vietnamese-Americans who claim themselves representatives of the Vietnamese-American community living in Boston aim at sowing division, rekindling the past hatred and painful pages of the history between our two nations and among the Vietnamese is themselves, running counter to the aspirations and interests of the two peoples," he said. "This Protect Y°Sma could potentially set an undesirable precedent to other ethnic communities in Boston " But the councilors, who so far this year have debated resolutions to condemn the war in Iraq ' and to laud the Dixie Chicks for their opposition to the war, are unmoved, now that one of their proclamations has sparked a diplomatic fracas. Free Proiect M Councilor Maureen E Feeney of Dorchester, who sponsored the resolution, refused to meet with the Vietnamese officials. "I felt no need to meet with the communist representatives," she said."We're not talking about Vietnam. We're talking about Vietnamese-Americans, who have come to this country and do not want their flag to be the flag of the regime that drove them out of their country." But the embassy officials, including Vu Dang Dzung, deputy chief of mission,did meet with Councilor Maura A. Hennigan of Jamaica Plain. But Hennigan made it clear that she stood by her vote. She also invited community activists,who challenged the Vietnamese officials on the Boston.com / News / Local / A fight for Viet flag Page 2 of 2 nation's human rights record. If they feel they would like that flag to be the symbol of their community in our neighborhood, It's Important for us to support them in that,"Hennigan said. "The gentleman from the embassy said, 'We don't agree,'and what I said to him is, 'What you feel in Washington, that is in Washington, and we here in Boston support our community here.' " The resolution was worded to limit Its effect to the local Vietnamese community, in an attempt to avoid diplomatic unpleasantness. The resolution states that the council "supports the recognition of the Heritage and Freedom Flag as the official symbol of the Boston Vietnamese- American community " And confining the resolution to Boston's Vietnamese-American community keeps it within City Council rules prohibiting motions that do not have "a direct bearing on the business of the council," a rule which killed the Iraq and Dixie Chicks resolutions earlier this year. About 100 Vietnamese-Americans, clutching the older Vietnamese flags, crammed into the middle section of the council's gallery to view the vote. When every councilor voted in favor of the resolution, they sent up an enormous cheer. A recess was called so that order could be restored. "The old flag represents us; the communist flag reminds us of a very painful past," said Mary Truong, an activist in the Boston Vietnamese community. The 2000 Census counted nearly 11,000 Vietnamese-Americans in Boston, the second largest Asian population after Chinese-American residents. "We received hundreds and hundreds of signatures and calls and a-malls asking us to support this," Feeney said. "As one gentleman said to me, 'We left Vietnam with nothing but our flag ' They really feel like they need to claim this as their own." ®Copyright 2003 Globe Newspaper Company T 0 - cgPRIN ER FRIENDLY VERSION EMAIL TO A FRIEND feedback I help I site mar)I advertising I globe archives Get a$40 Stop&Shop gift card with co:, Globe home delivery ©2003 The New York Times Company at 409 off! Clf{K HCRf �a Nguoi Viet Quoc Gia Van Dong Vinh Danh La Co Vang Page 1 of 5 r Ngura}i Viet Quoc Gia tai cac thanh pho lip tieu bang van dong cho Nghi Quyet Vinh Danh Quoc Ky Viet Nam Recognizing only the Yellow Flag with Three Red Stripes for and by the Vietnamese Americans Nguoi Viet Quoc Gia Van Dong Vinh Danh La Co Vang Page 2 of 5 N NORM Olt ngVI 0- OO Ot",11 I M A: M I IOWA .rJA Algol" 44�"' v F-L 7-, 07' M�!-AWOI'M'N "4 oq, 3b ILI ;A ki-I ;aK -an Ca paign -Free orn e Fl�g M Th*GAAll lie 'WI al 711 From February 2003 to February 2004, 3 States, 3 Counties and 48 Cities have passed Resolutions recognizing Vietnamese Heritage & Freedom Flag 3 Tie2u Bang, 3 QuAn Hat, 48 Tha' nh Ph6' c75 tho^ng qua I I Nghi Quy6t Vinh Danh Qu6c Kj Vidt Nam Nguoi Viet Quoc Gia Van Dong Vinh Danh La Co Vang Page 3 of 5 Ci 03-16-2004: Biloxi (Mississi i City Council Resolution on Freedom Flag 0 03-15-2004:_Orlando Florida Citv Council Resolution on Freedom Flag 0 03-10-2004• Richmond (Virginia) City Council Resolution on Freedom Flag 0 02-25=2004: Centralia (Washington) City Council Proclamation on Freedom Flao 0 02-17-2004: Stockton (California) City Council Resolution No._04-0093 on Freedom 0 02-10-2004: South El Monte (California) City Council Resolution on Freedom Flag 0 02-09-2004: State of Hawaii Concurrent Resolution No. 22 on Freedom Flag 0 02-04-2004:_Grand_Prairie (Texan Citjr Council Resolution No. 3975 on Freedom F 0 01-27-2004: Pierce County(Washington) County Council Resolution No. 2004-19 0 01-26-2004: University Place (Washington)—City Proclamation on Freedom Flag 0 01-26-20044Philadelphia Penri5ylvani4) Oily Council_Resol_ution on Freedom Flag 0 01-13-2004: San Diego (California) City_Resolution No. R-298764 on Freedom_Ffa( 0 01-13_2004:Wichita (Kansas)_City Resolution on Freedom FI_ag 0 01-13-2004: DuPont (Washington) City Resolution No. 03-279 on Freedom Flag 0 01-10-2004Lincoln (Nebraska) City Resolution on Freedom Flay 0 12-16-2003: Fort Worth_(Texas) CityResolution No._033 E-555 on Freedom Flag 0 12-16-2003_Worcester (_Massachusetts)_City- Res olution on_Freedom Flag 0 12_10 2003: SPSCC Student Senate (Washing_to� Resolution_NoR2003-01 0 12-08 2003_Lakewood (Washington) City Resolution No 2003 29 on_Freedom_Fla 0 12-01-2003: Puyallup (Washington) City Resolution No. 1834 on Freedom Flag 0 11-18-2003: Marina (California) City Resolution No. 2003-185 on Freedom Flag 0 11_11-2003- Port Arthur�Texas)_City_Resolution N9.12390_on_Freedom_Flag 0 11-11-2003: Arlington (Texas) City Resolution on Freedom Flag 0 11-04-2003: Lawrence (Massachusetts) City Resolution on Freedom Flag 0 11-03-2003_Clarkston (Georga)_City Resolution on Freedom Flag Norc 0 11-03-2003: ross jGeorgia) City Resolution on Freedom Flag 0 10-28-2003: Rainier (Washington) City Resolution on Freedom Flag 0 10-28-2003_Lowell (Massachusetts)_CityResolution_on Freedom Flag a 10-21-2003: Olympia (Washington) City Resolution No M-1530 on Freedom Flag 0 10-20-2003: Doraville (Georgia) City Resolution on Freedom Flag 0 10-09-2003: Lacey (Washington) City Resolution No. 878 on Freedom Flag 0 10-08-2003: QuincyjMassachusetts) City Resolution on Freedom Flag 0 09-30-2003_Grand Rapids (Mchigan CityResolution on Freedom Flag 0 09-16-2003: Malden_(Massachusetts) Cit�r_Resolution_on Freedom Flag 0 09-15-2003: Rowley LMassachusettsEQj Resolution on Freedom Flag 0 09-16-2003: Tumwater__(Washington)City_Resolution No._R2003.013 a 09-16-2003: El Monte (California) City Resolution No. 8380 on Freedom Flag 0 09-10-2003: Oklahoma City-C klahoma)City Resolution on Freedom Fla 0 09-08_2003`Sorin field (Massachusetts) City_Resolution on Freedom Flag I Nguoi Viet Quoc Gia Van Dong Vinh Danh La Co Vang Page 4 of 5 O 09-02-2003_Garland (rexaslipassed Freedom Flag City Resolution No. 9033 3 07-30-2003: Sacramento California) City Resolution on Viet Flan 0 07-30-2003: Boston (Massachusetts) City Resolution No. 03-1104 0 07-22-2003: San Francisco (CaliforniaLResolution No. 03-1220 O 07=15-2003: Louisiana House Resolution & Senate Bill No. 839 a 07-07-2003: Pomona (California) City Resolution No. 2003-140 a 07-07_2003: Fairfax (fir inia)_passed County Resolution • 06-24-2003: Saint Paul Minnesota) City Resolution No 03-502 • 06-18-2003: Houston (Texas) City_Resolution No. 17-2003 • 06-09-2003: Pierce Countv Republican Central Committee Resolution a 06-04-2003: Holland (Michigan) City Resolution on Freedom Day Q 06-03-2003: Santa Clara California County Resolution • 06-02-2003_Mayor Protem Tran and Councilman Quach Press Release • 05-1.7-2003:_Washington St_ate_Republican.Pa_rty_Resolution on Freedom Flag 12 05-05-2003: Milpitas (California) City Resolution No. 7300 • 04-14-2003: Falls Church (Virginia) City Resolution No. TR-03-07 • 04-07-2003: 48th District_Republican Central_Committee Resolution 0 03-20_2003, California-Assembly Concurrent_Resolution No. 68 v 03-11-2003: Garden Grove (California) City Resolution No. 8486-03 • 02-19-2003: Westminster (California) City Resolution No. 3750 • 06-19-2002_Go_v_ernor_Mark WaynerLVirginia) Declaration 0 National Flag of_Free Vietnam=Khai Chinh Pham Kim Thu 0 The Liberty-Entrenched Nationalist Flag - Attorney DuongThanh Loi -2 A aright for Viet Flag - Boston Globe $ LA Ca Chinh Nghia Quoc Gia Viet Nam (_flam Bao Kiem) a La Ca Vana - Nen Cong Hoa - To Quoc Viet Nam (Phan Nhat Nam) 4 Du,&i Bong Ca Vana (Pharr Van Thanh) o Dai Le Ky Niem 55 Nam Quoc Ky Viet Nam (Toronto) Q The_Chu Dong_Cua Ca Wma Ba Soc Do Q Moi ngu,ai mot la ca, moi nha m6t la ca 0 Danh xvng thich long cua La Ca (Khai Nguyen) C& Val dies hanh tai Nixu tJ'ac_(2003) Q Quan Tai Ch6n Ca Do (GS Tran Minh Xuan) 0 Rally_to an Qld Faag-(David Lamb) Nguoi Viet Quoc Gia Van Dong Vinh Danh La Co Vang Page 5 of 5 000000000 071937 1''r1, free counter V! by bravenet visitors Homepage Nha Ky Thuat Trua Ing Thu Du'c Symbols of division / Front Page -The Olympian Page 1 of 4 rotr Care j Net-is I EnteMinment I SpecialSections J FhafaCallrAes 51°F fie Olympian,Olympia Washington News search Go Overcast Thursday, March 13, 2003 Make The Olymoian my homepaae News Forecast Front Page. Email this story lPrintable version South Sound Communities Northwest Sports Symbols of division PaidOpin IObituanes on Decision doesn't end flag scrap at college Announcements Student Huong Le Features says he dreams ofLiving v ` Special Sections returning to Vietnam Entertainment as a doctor to help Movie Outdoorstmgs people, but wouldn't Travel dare attempt it with Technology Photo �� } Photo Gallery the current regime in Horoscope place. For The Record Lottery Past Editions: Date Marketplace Steve Bloom/The Olympian Careers Cars Homes The flag of South Apartments Vietnam Personals Classifieds Grocery Coupons Dining Guide BussnessDirectory Customer Care Subscnbe All Forms Place Ad Job Openings Contact Us Circulation Newsroom Advertising The current flag of Online Vietnam Management Read for Life AdView News for vour wireless device Symbols of division / Front Page -The Olympian Page 2 of 4 . w WENDY CULVERWELLTHE OLYMPIAN When Huong Le, a 20-year-old aspiring physician, walks past the flag of Communist Related stories Vietnam at South Puget Sound Community College, he thinks of his father. -Asian-Americans voice interests at Capitol (03/07/03) His father fought against the North Vietnamese and spent five years in a re-education camp .College Senate Says Vietnam before reaching the United States with his family. Flag Will Fly 01/17103) "To me, I really think the red flag and the yellow •SPSCC Student Leaders Vote star does not represent us," said Le, who came to to Keep Debated Flag the United States as a young teen and is a (01/22/03) naturalized citizen. *Student leaders will wait to Le is president of the Vietnamese Student decide fate of Vietnam flag Association at South Puget Sound -- a young but (11127102) recognized organization that has vowed to fight against the flag its members detest hanging in _ .SPSCC student panel faces the college's student center. tough decision about flag (11123102) "We try not to give up," said Tan-tai Huynh, vice president for the VSA, whose members were .SPSCC student panel sets generally born in Vietnam and dream of returning forum about Vietnamese flag to their home country, but not until democracy (11120102) prevails. From a procedural point of view, the South Puget On the Web Sound Student Senate settled the flag issue in January after complaints were raised when the South Puget Sound Community official flag of Vietnam was included in a display College: www.spscc.ctc.edu honoring the school's international students. Vietnam: After hearing comments from both sides, the senate decided to return the flag to the display. Vietnam flags: The Student Senate is selected by students and www.fotw.ca/flags/vn.html not the administration. Embassy of Vietnam in In reality, the flag matter is far from settled. Washington D.C.: Vietnamese-American residents of the South www.vietnamembassy-usa.org Sound have asked the Legislature, which supplies most of the college's funding, to intervene. CIA - The World Factbook 2002: Meanwhile, younger Vietnamese-Amencans with www.cia.gov/cia/publications/ fleeting memories of childhoods spent in Vietnam factbook geos v ml Symbols of division/ Front Page -The Olympian Page 3 of 4 are weighing in with emotional tales of the PBS -American Experience: mistreatment their parents suffered before they Vietnam A Television History: emigrated. www.pbs.org/wgbh/ amex/vietnam The two generations united Wednesday, with Le and Huynh and other students meeting with Vietnam Veterans Memorial: Norman Le, a Lacey resident and co-chairman of www.nps.00v/vive the Committee Against the Vietnamese Communist Flag, and Rob Kavanaugh, a Vietnam Vietnam Veterans of America: veteran who has taken up the issue. www.vva.oro Flag foes plan to bring their concerns to South Puget Sound's Board of Trustees when it meets in public session from 3 to 4:30 p.m. today in the board room of the Student and Administrative Services Building, or Building No. 25. The flag debate is a nuanced matter that pits a noble idea -- honoring visitors -- against the real-life experiences of the college's resident students. On the one side, student government leaders want to honor visitors and the communist flag is the official flag of that country. South Puget Sound officials won't say how many visitors are from Vietnam, but confirm visitors from that country are a regular part of the student mix. On the other hand, Vietnamese-Americans contend thebrightly colored fabric of the communist flag is freighted with meaning. To fly it dishonors their hope that they can someday return home to a country that supports democracy and human rights. "My dream is to be a doctor, to go back to my country and help people,"said Huong Le, who is not related to Norman Le. ForHuong Le and his peers, the flag fight has propelled them into the arena of politics and governance. If anything, Huynh said the experience has emboldened and taught them the value of fighting for one's beliefs. In place of the current flag, the Vietnamese-American community would like to fly the version they hope will someday fly over their country, a yellow flag with three red horizontal stripes. The yellow represents the people and the red the three districts that constitute the country. Kellie Purce Braseth, spokeswoman for the college administration, said the college sees the flag issue as settled. But she repeated the administration's invitation to the Vietnam ese-Amencan community to suggest ideas about telling their story on campus. "We do understand," she said. "You can't listen to those stories and not understand." Wendy Culvenvell covers education for The Olympian. She can be reached at 360- 754-4225 or wculverw(cDo-lympia.aannettcom. 02002 The Olympian Return to Front Page section Kent City Council Meeting Date Apri120, 2004 Category Consent Calendar 1. SUBJECT: PLAT OF ALVIN'S POND SUBDIVISION INFRASTRUCTURE IMPROVEMENTS BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Authorize the acceptance of the Bill of Sale for Alvin's Pond Subdivision submitted by Mel L. Daley, P.E. for continuous operation and maintenance of 244 feet of watermains, 505 feet of sewers, 621 feet of street improvements, and 535 feet of storm sewer. The bonds are to be released after the maintenance period. This project is located at 108'b Ave. S.E. and S.E. 256`' Street. 3. EXHIBITS: Vicinity map . 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6M 1 a S.E. 256TH ST. w 16 ROA y 4 KfN7 � HILL a o PLAZA X S.E. 26OTH ST. TOP SITE FOODS TARGET VICINITY MAP NTS Aivins Pond Subdivision 108" Avenue S.E 260th Street Kent City Council Meeting Date April 20, 2004 Category Other Business 1. SUBJECT: KENT STATION DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS —AUTHORIZE 2. SUMMARY STATEMENT: The City and Kent Station LLC have negotiated a Declaration of Covenants, Conditions, and Restrictions ("CC&Rs") for the Kent Station property. The purpose of the CC&Rs is to ensure that the Kent Station property is maintained as an attractive setting for development, to protect the owners of the property (including the City) against improper and undesirable uses of the Property, and to ensure and encourage the construction of high quality and harmonious development and attractive improvements on the Property, regardless of whom owns or develops the property. 3. EXHIBITS: Memo to Operations Committee dated 4/14/04 and CC&Rs 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember ► 1Q/11,YL4 moves, Councilmember�Lt/i M,�Y` seconds to approve and authorize the Mayor to sign the Covenants, Conditions, and Restrictions for Kent Station and to record the same upon closing of the Initial Takedown Parcel. DISCUSSION:�1�� ' Did �C�u-� - e dtZ4 ACTION: �— ouncil Agenda Item No. 7A OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 K E N T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 DATE: Apnl 14, 2004 TO: Kent City Council Operations Committee FROM: Nathan Torgelson,Economic Development Manager THROUGH: Mayor Jim White SUBJECT: Declaration of Covenants, Conditions and Restrictions for Kent Station MOTION: I move to authonze/not authorize the Mayor to sign the CC&Rs for Kent Station for recordation upon closing of the Initial Takedown Parcel SUMMARY: The City and Kent Station LLC have negotiated a Declaration of Covenants, Conditions and Restrictions ("CC&Rs) for the Kent Station property The purpose of the CC&Rs is to ensure that the Kent Station property is maintained as an attractive setting for development, to protect the owners of the property (including the City) against improper and undesirable uses of the Property, and to ensure and encourage the construction of high quality and harmonious development and attractive improvements on the property, regardless of whom owns or develops the property. In addition to the City's Downtown Design Review Process and to uses prohibited by zoning on the Kent Station property, the CC&Rs further restrict uses on the property (Section 4) and set up an architectural review committee and guidelines (Section 5) The CC&Rs also spell out maintenance of the site and common areas (Section 8) by an Owner's Association (Section 7). All amendments to the CC&Rs must be approved by the City (Section 3) The Developer will control the Association and the Architectural Review Committee as long as they • own at least 20 percent of the Kent Station Property, • they have not sold any part of the Property back to the City, • have not defaulted under the Purchase and Sale Agreement, and • and as long as they are continuing to buy the Remainder of the Property from the City The City's goals in the CC&Rs are to. • preserve the value and functionality of any land the City owns or nught own and that no barriers to sale exist; • preserve the overall quality of development (aesthetically and structurally) of the Kent Station project, • promote an integrated mixed use development in conformance with the Master Plan Development(MPD)permit and the City's vision for the property; Kent Council Operations Committee I Kent Station CC&Rs April 20,2004 • establish a system that provides for high quality management and maintenance of the improved common areas (open space, parking areas, landscaping) at no cost to the city (The City's property cannot be assessed until purchased by a developer or developed); • insure that each lot is served by the ability, either directly or through easement, to connect to the utility systems and has access to a road; • insure cross access for both cars and pedestrians and to insure cross parking privileges within the project; and • insure adequate parking is available to serve both existing and future development to achieve the development goals of the MPD. BUDGET IMPACT: None We look forward to talking with you about this proposed amendment at your April 20, 2004 committee meeting. If we may answer any questions prior to the meeting, please call Nathan Torgelson at 856-5703. Kent Council Operations Committee 2 Kent Station CC&Rs April 20,2004 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KENT STATION THIS DECLARATION is made this_day of 2004,by Kent Station,LLC, a Washington Limited Liability Company ("Developer"). and the City of Kent (`City"),a municipal corporation,regarding that certam real Property hereinafter described and located in King County,Washington RECITALS A Developer and City entered into the Purchase and Sale Agreement defined in Section 2.29 below, pursuant to which Developer or its assigns may acquire the Property described in Exhibit A in Phases. As of the date hereof, an assignee of Developer,Tarragon-Kent Station Phase I LLC ("TKSP"), has acquired"Phase I" (as defined in the Purchase and Sale Agreement),and pursuant to the Memorandum of Operating Agreement,dated as of , 2004, and recorded under King County Recording No , has designated Developer to act as its agent, developer and operator with respect to all matters affecting Phase I. Developer, on its own behalf and as agent for TKSP,together with City,comprise the initial"Owners" (as defined in Section 2 25) B Developer,as agent for TKSP and with respect to Developer's nghts and interests with respect to the balance of the Property as set forth in the Purchase and Sale Agreement,and City,as owner of the balance of the unpurchased Property, now desire to submit the Pioperty to the covenants, conditions and restrictions set forth herein in order to promote the cohesive and high quality development of the Kent Station project NOW,THEREFORE, Owners hereby declare that all of the real property legally described in and referred to in Exhibit A attached to this Declaration and hereby made a part hereof (sometimes hereinafter called the "Property") is and shall be held, conveyed, hypothecated, encumbered, leased, transferred, sold, occupied, built upon or otherwise used or improved in whole or in part, subject to the covenants, conditions, restrictions, and easements(hereinafter collectively referred to as"Covenants')hereinafter set forth and all of said Covenants herein contained are declared and agreed to be in furtherance of a general plan for the subdivision,improvement and lease or sale of the Property and aie established for the purpose of enhancing the value, desirability and attractiveness of the Property and every part thereof SECTION 1 PURPOSE It is the purpose of this Declaration to (1) Ensure that the Property will be maintained as an attractive setting for retail,office,and residential uses with ample landscaped open areas,attractive high-quality structuies,proper and desirable uses and appropriate development of all of the Property; (it) Protect the Owners and Occupants of the Property against improper and undesirable uses of the Property; (in) Guard against the construction of Improvements built of improper or unsuitable matenals or design, (1v) Encourage the construction of attractive Improvements in appropriate locations, Page 1 (v) Prevent haphazard and inharmonious development of the Property,and (vi) Provide high quality development on the Property. SECTION 2 DEFINITIONS 2.1 AMC shall mean American Multi-Media, Inc, a Missouri corporation, and its successors and assigns under the lease ("AMC Lease") pursuant to which TKSP demises to AMC certain improvements to be constructed by TKSP in Phase I 22 Arrolicant shall mean an Owner or the agent of an Owner or a Person possessing valid power of attorney or other proxy or authorization of an Owner, sufficient in the reasonable judgment of the Committee to empower such Person to act on Owner's behalf for the purposes of Section 5 hereof. 2.3 Architect shall mean a person holding a valid license to practice architecture in the State of Washington 2.4 Architectural Review Committee (herein sometimes referred to as the"Committee') shall mean the so named committee as originally created by Article 5 of this Declaration and as from time to time bereafter constituted and its successors as thereinafter provided having the powers and duties hereinafter described 2.5 Beneficiary shall mean the beneficiary under terms of a Deed of Trust or a mortgagee under terms of a mortgage 2.6 Board of Directors shall mean the governing body of the Association as described in Section 7 hereof. 2.7 Building shall mean and include the principal structure or structures on any Site, including all projections or extensions thereof, and all garages, outside platforms, out buildings, decks and other ancillary structures and facilities,except where ancillary structures and facilities are otherwise specifically referred to herein is City shall mean the City of Kent, a Washington municipal corporation, located in King County, Washington 29 Common Areas shall mean those portions of the Property located outside of Buildings as depicted on the MPD Site Plan which is attached hereto as Exhibit B as such MPD Site Plan may be subsequently amended by the Association (after its formation) with the reasonable consent of the City and AMC (during the Effective Period) including any private roadways to serve all or part of the Lots and all parking areas, curbs, gutters, sidewalks, driveways and landscape areas adjacent to the private and public roadways serving the Lots, the Open Space and all wetlands,environmental protection and conservation areas and facilities now or hereafter required in connection with Property, including but not limited to, holding and detention ponds and wetland and other buffer areas. Notwithstanding the foregoing, the "Residential Parking" (defined below) shall not be deemed a Common Area. 210 County shall mean the County of King,State of Washington. 2.11 Covenants is defined in the Recitals above 212 Deed of Trust shall mean a deed of trust or mortgage on any portion of the Property or leasehold interest therein. Page 2 2.13 Developer shall mean Kent Station, LLC, a Washington limited liability company. Developer shall not be allowed to assign its rights or delegate its obligations under this Declaration without the consent of the Phase I Owner and of AMC(during the Effective Period) 214 Development Agreement shall mean that Development Agreement entered into by the City and Developer as of January 20,2004. 2 15 Effective Period shall mean that period of time between the date of this Declaration and the earlier of(i)the date of expiration or sooner termination of the AMC Lease,or(ii)June 1,2045. 2.16 Guidelines shall mean the Kent Station Design Guidelines,which have been finalized and attached as Exhibit C and have been approved by the Community Development Director and by AMC. These may be modified or supplemented from time to time, with the prior written approval of the Community Development Director and of AMC (during the Effective Period), which consent shall not be unreasonably withheld. The Guidelines shall be referred to by Developer and the Cominittee in determining the acceptability of a particular proposed Improvement and/or the use of a Site A copy of the Guidelines shall be maintained in the offices of Developer and the Association. 217 Improvements shall mean and include Buildings, structures, Signs, Site Fixtures, driveways, parking,loading and/or storage areas,fences,sidewalks,other walk and/or bicycle ways,paved areas,curbs,gutters, antennae.tanks,towers,hoppers, storage bins,fixed machinery, transformers,walls,screens and barriers,retaining walls,bridges,drainage structures, stairs,decks,landscaping,water hydrants,poles,grading changes, loading areas, outdoor artwork and sculptures,and all other structures or Improvements of every type and kind, name and nature and all additions,alterations and changes thereto,except where such specific Improvements are individually referred to herein. 2 18 Lot shall mean any parcel of real estate contained within the Property as divided or subdivided on a subdivision plat or map or binding site plan recorded in the Official Records 219 Minimum shall mean twenty percent(20°6)or more of the Net Developable Area of the Property 2.20 MPD shall mean the Master Plan Development as approved by the Community Development Director, and as may be amended from time to time (with the reasonable consent of AMC during the Effective Period), and recorded against the Property, in which MPD sets forth certain Lot division and site development characteristics and constraints 2.21 Net Developable Area shall mean the gross area of the Property, a Lot or a Site less Common Areas and areas dedicated to public authorities 2.22 Occupant shall mean any Person, other than an Owner, that is in possession of or otherwise occupying one or more Sites at any particular time or times,whether as a lessee, sublessee, licensee or pursuant to any lease,sublease,license or other right of occupancy with or through the Owner of such Site or Sites 2.23 Official Records shall mean the records of the City of Kent and of King County,Washington 2.24 Open Space shall mean that portion of the Properly that is designated as open space on development plans approved by the Community Development Director. 225 Owner shall mean,at any particular time or times,any Person that owns fee simple title to one or more Sites, as shown by the Official Records,provided, however, that a Beneficiary shall not be deemed to be an Owner so long as its interest in the particular Site or Sites is for purposes of security only. Page 3 226 Owner's Association (sometimes herein referred to as the "Association") shall mean the association of Owners created and described in Section 7 hereof. 2.27 Person shall mean an individual, group of individuals, corporation, partnership, trust, unincorporated business association or such other legal entity as the context in which such term is used may imply. 2.28 Property shall mean all of the real property described in Exhibit A hereto. 2.29 Purchase and Sale A reement shall mean that certain Real Estate Purchase and Sale Agreement dated as of January 20,2004 between Developer and City. 230 Record or Recorded shall mean,with respect to any document,the recordation of said document in the Official Records. 2.31 Kent Station is the name of the Property and the Improvements located thereon. 232 Review Fee shall mean the amount charged by the Committee to review the application described in Section 5 5 hereof 2.33 Sign shall mean any structure, device or contrivance and all parts thereof which are erected or used for advertising, directional or identification purposes or any poster, bill, bulletin,printing, lettering, painting, device or other advertising of any kind whatsoever, which is placed, posted or otherwise fastened or affixed to the ground and/or structures within the boundaries of the Property. Signs shall exclude posters within AMC's poster cases on the AMC Building. 234 Site shall mean a Lot,as well as contiguous Lots which are owned of Record by the same Owner If fee simple title to two(2)or more adjacent Lots is acquired by the same Owner,such commonly-owned Lots may, at the option of said Owner,be combined and treated as a single Site for the purposes of this Declaration,provided that the location of the Improvements on such combined Site shall be subject to prior written approval by the Committee. 2.35 Site Fixtures shall mean any man-made or natural object used on the Site for decorative or incidental purposes and which is not a Building, Sign, parking area, driveway, or landscaping By way of illustration and not limitation,flagpoles,fountains,statues,benches,tables and decorative walls are"Site Fixtures". 236 Street shall mean any thoroughfare (private or public) within or immediately adjacent to the Property. 2.37 Subdivision shall mean any MPD, binding site plan or subdivision plat or map Recorded with respect to the Property or any portion thereof in the Official Records All capitalized terms not otherwise defined herein shall have the same definition as set forth in the Purchase and Sale agreement,of if not defined therem,as defined in the Development Agreement SECTION 3 MAJOR DECISIONS In recognition of the ongoing interest of the City in the development,administration,maintenance and preservation of the Property,the following actions may be taken by the Association(each a"Major Decision")only with the written consent of the Community Development Director(except as noted below),which consent shall not be unreasonably withheld. In addition,during the Effective Period,the Major Decisions noted in Sections(a),(b), Page 4 (c),(e),(h),(i)and 0)below also require AMC's pnor written consent,which shall not be unreasonably withheld. The requirement for consent by the Community Development Director shall expire on the earlier to occur of the expiration of the City's right to repurchase land under the Purchase and Sales Agreement or when,in its discretion, the City so determines and records notice thereof in the Official Records. Major Decisions shall include the following- (a) Any amendment of this Declaration pursuant to Section 14 of this Declaration. (b) Amendment of the Guidelines (c) Approval of variances as more fully described in Section 5.4 below. (d) Changes to the Review Fee more fully described in Section 5 5 below. (e) Changes to the Common Areas identified in the MPD Site Plan. (f) After repurchase of any Lot by the City pursuant to the Purchase and Sale Agreement,or after expiration or waiver of Developer's rights to purchase future Phases as set forth in the Purchase and Sale Agreement,approval of an annual budget,or material changes thereto,by the Association as more fully set forth in Section 7 4 below (g) Approval of a Special Assessment as more fully set forth in Section 7 4 below,which Special Assessment includes any Lots not yet purchased by Developer,or which affects Lots purchased by Developer but not yet developed by Developer or its successors or assigns by the repurchase deadline as set forth in • the Purchase and Sale Agreement,or any Lots repurchased by the City. (h) The expansion of the area covered by this Declaration (1) Termination of this Declaration in accordance with Section 15 �) The form of the articles and bylaws for the Association SECTION 4 REGULATION OF USES 41 Approved Uses Sites within the Property shall be used for purposes allowed by the zoning for the Property and consistent with the Guidelines. 4.2 Compliance with Governmental Reizulations All uses and activities on each Site shall comply,at the sole expense of each Owner,with all applicable governmental regulations and the development approvals issued for Kent Station All uses and operations shall be carried out so as not to cause a nuisance to other Sites. 43 Use Restrictions (1) No use shall be permitted on the Property which is inconsistent with the Guidelines and the operation of a first-class mixed-use center. Without limiting the generality of the foregoing,the following uses shall not be permitted. (a) Any use which emits an obnoxious and offensive odor, noise, or sound which can be heard or smelled outside of any budding on the Property, . Page 5 (b) Any use as a warehouse or storage operation and any assembling, manufacturing, refining,smelting,agricultural,or mining operation,provided that this shall not apply to a restaurant-brewery, (c) Any"second hand"store or"surplus"store; (d) Any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any building); (e) Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; M Any central laundry, dry cleaning plant' or laundromat; provided, however, this prohibition shall not be applicable to on-site service oriented to pickup and delivery by the ultimate consumer, including nommal supporting facilities, as the same may be found in retail shopping districts in the metropolitan area where the Property is located, (g) During the period(the"Theater Operation Period")that a 2000 or greater seat cinema is operating in the AMC Building(other than temporary interruptions in operations for remodeling, restoration of damage or other force majeure event),any bowling alley(provided it may be allowed(t) so long as it does not to exceed 4 lanes and (u) is limited to an incidental part of another use), hockey rink, skating rink or other similar commercial recreation facility, or any other use not allowed by the plat and MPD in effect on the date of this Agreement, other than restaurants and bars and other than the cinema, which by law requires more than 5 parking spaces for each 1000 square feet of Building area, (h) Any establishment selling or exhibiting primarily pornographic materials or any "adult use"as defined by Kent City Code, (i) Any bar or tavern or any restaurant or other establishment that is licensed in a manner which contemplates that it will have annual gross revenues from the sale of alcoholic beverages for on-premises consumption exceeding sixty percent(60%)of the gross revenues of such business,and Q) Any flea market,or any establishment which operates primarily as a pool or billiard ball (k) Any tattoo parlor,so-called"head shop",funeral home,bad bonds use,pawnshops,check cashing store,or auto parts store, (1) During the Theater Operation Period, any game room or arcade, except this shall not prolubit the operations of games within the AMC Building. (m) During the Theater Operation Period a movie theater, other than from within the AMC Building,and except Green River Community College(the"College")may show films in its premises,so long as(i) no admission is charged,except with respect to fundraising events of educational films,(ii)the films are not first run films (but this shall not be deemed to prevent the showing of films made by the College's students), (in)the films are primarily being offered to the College's students, and (iv) the films are not being shown in an auditorium designed as a movie theater (n) During the Theater Operation Period, a health club exceeding 1500 square feet, or (irrespective of size)located within 200 feet of Phase I (it) During the Theater Operation Period, no merchandise, equipment or services, including but not limited to vending machines,promotional devices and similar items,shall be displayed,offered for sale or lease,or Page 6 stored within the Common Area or outside of any Building,provided however,that the foregoing prohibition shall not be applicable to temporary promotions related to uses on the Property,except that no promotional activities will be allowed in the Common Area or on a Lot outside of a Building without the prior wntten approval of the Developer, the Association and AMC. In addition, if a recycling center or equipment is required by law to be located on the Property, the location shall be subject to the approval of the Committee Notwithstanding the foregoing, during the Theater Operation Period, "ABO's" (i a automated box office machines and/or automated teller machines)operated by AMC shall be allowed in the Common Areas Furthermore, the foregoing shall not prohibit the operation of carts and kiosks located outside the"no kiosk zone'depicted on the attached Exhibit B, and which are not otherwise prohibited by clause(a)of subparagraph(iii)below. (iti) During the Theater Operation Period, there shall be. (a)except for"Permitted Events"approved by AMC,no kiosks,carts or stands(permanent or temporary)that sell food; (b)no restaurants(which tern includes any type of food vendor)within t50 feet of AMC's main entrance,unless(i) it is a restaurant in which carryout is incidental to on-site dining,or(ii)the store is a national chain ice cream store or regional or national chain gourmet coffee shop, and in either case, it does not sell slusbees (defined as a shaved or granulated ice drink with artificial flavoring,but excluding specialty coffee or tea drinks served in regional or national coffee chain stores)or candy, other than mints or gourmet candy or its own brand of candy sold in all of its other stores in the Seattle metro area;(c) except as described in clause (b)(u), and except for national chain restaurants which have candy for sale only at the check out counter (and which is not advertised or displayed in a manner visible from outside the restaurant).no other candy sales within 150 feet of AMC's main entrance;(d) no popcorn sales within the Property, except for the operation of restaurants and bars which provide popcorn free of charge to their patrons, (e)without AMC's consent,no use of the Common Areas for any purpose other than that for which the Common Areas were designed; PROVIDED, HOWEVER, AMC will not unreasonably withhold its consent to special events in the Common Area,provided, the same(i)are allowed under Section 4 4 of the Development Agreement and othem ise meet the requirements of this section 4.3; (u) are limited to not more than once a month(without seeking AMC's prior consent),(in)shall be limited to two(2)days in length(except when occuring over a 3-day holiday weekend), and (iv) shall in no event impair access to the AMC Building, or the availability of adequate parking for AMC's customers(such events as approved by AMC being referred to as"Permitted Events") In order to obtain AMC's consent to a proposed event,the Developer shall submit to AMC for approval (not later than 30 days in advance of a proposed event) a drawing depicting the locations of the booths and other temporary obstructions occasioned by such event,and description of the food offerings,a description of the event,and the date and duration of such event (tv) Each Owner shall use its best efforts to cause the employees of the Occupants of Its Lot to park their vehicles only on such Lot,or at such other locations designated by Developer for employee parking within the Conmmon Areas, unless other arrangements are approved by the Developer In addition, all Occupants and their customers and employees shall be subject to rules and regulations adopted from time to time by Developer or the Association,which rules and regulations shall include efforts and actions(including the addition of a parking patrol, if deemed necessary, and/or the posting of signage prohibiting overnight parking and allowing towing of cars for other than Property patrons)to preserve the parking within the Common Areas for patrons of the Property During the Effective Period,the location of employee parking and rules and regulations regarding parking,and any changcs thereto,shall be subject to AMC's prior written consent,which shall not be unreasonably withheld or delayed (v) This Declaration is not intended to, and does not,create or impose any obligation on an Owner to operate,or cause to be operated,a business or any particular business on the Property or on any Lot (vi) No Owner shall use,or permit the use of Hazardous Materials on,about,under or in its Lot,or the Property,except in the ordinary course of its usual business operations conducted thereon,and any such use shall at all times be in compliance with all Environmental Laws Each Owner shall indemnify, protect, defend and hold harmless the other Owners from and against all claims, suits, actions, demands, costs, damages and losses of any kind, including but not limited to costs or investigation, litigation and remedial response, arising out of such Owner's breach of the obligation set forth in the immediately preceding sentence For the purpose of this Section, the term (i)"Hazardous Materials" shall mean- petroleum products, asbestos, polychlorinated biphenyls, Page 7 i 0 radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials or substances listed or identified in, or regulated by, any Environmental Law, and (n)"Environmental Laws"shall mean. all federal,state,county,municipal,local and other statutes,laws,ordinances and regulations which relate to or deal with human health or the environment,all as may be amended from time to time (vii) There shall be no outdoor sales,auctions or temporary markets,except for Permitted Events,and except as otherwise allowed by this Section 4.3 4.4 Interim Uses by Developer The Community Development Director shall negotiate temporary license agreements to use as yet un-acquired Lots for construction staging purposes related to the development of acquired Lots. Developer and the Community Development Director shall enter into such license agreements on a Lot by Lot basis, as construction proceeds, for such periods of time as are reasonably necessary to conclude the applicable construction and development activities and under such terms,including payment of consideration,as are mutually agreeable. The license agreements shall require Developer to remove all materials and stockpiles and leave the affected Lots in a clean condition,and either seeded or sodded,at the end of the Developer's use thereof Notwithstanding any other provision of this Declaration, there shall be no stockpiling, holding or dumping of construction staging materials or equipment or traders for any improvements which are not a part of the Development activities required of any Owner of a portion of the Property in connection with development within the Property. 4.5 Condition of Unimproved Lots. Prior to the development of any unimproved Lots,and excepting out anv Lots while used for construction staging purposes,the Owner of each such Lot shall keep it maintained in a reasonably attractive condition, free of trash and debris, with vegetation (other than trees and shrubs) mowed to approximately 6" 46 Notification and Cure Period. If a violation of this Declaration is claimed by Developer,AMC,an Owner, the City or the Association, then written notice of the alleged violation shall be delivered to the Owner in violation. Said Owner will have ten(10)days to cure said violation or show good faith that such violation is in the process of being cured If said Owner in violation fails to cure the violation within a reasonable time, but not to exceed thirty(30)days,then the Association may,at its option,proceed with any legal means to cure said violation If the Association fads to cure in a timely manner,then Developer,AMC or the City,at their option,shall have the right, but not the obligation, to cure and be reimbursed by the defaulting Owner for the cost of such actions including all expenses,including legal fees,and interest thereon SECTION 5 ARCHITECTURAL REVIEW COMMITTEE 5.1 Establishment of Committee (i) So long as Developer owns the Minimum, all references in this Declaration to the Architectural Review Committee or Committee shall be understood to mean Developer, and Developer shall have the right to exercise all powers and duties and shall have all authority and benefits otherwise provided for in this Declaration for the Committee. At such time as Developer ceases to own the Minimum, or otherwise elects in writing to establish the Association and Committee,there shall be established and created the architectural review committee (the "Committee'? for the Property which shall consist of three (3) members, all of whom shall be appointed by, and serve at the will of the Association. Members of the Committee shall serve for three(3) year terns. Any two(2)members of the Committee shall constitute a quonim,and the vote of a majority of the members of the Committee shall constitute the action of the Committee on any matter being considered by the Committee. The Committee's right to modify the Guidelines, if any,shall be established by the Association,provided that any such modification shall require the City's prior written consent, and during the Effective Period, also shall require AMC's prior written consent which shall not be unreasonably withheld or delayed Page 8 (h) If Developer(a)elects not to purchase any of the Remainder Property, (b) has sold any part of the Property to the City under Section 17 8 5 of the Purchase and Sales Agreement,or(c)defaults under the terms of the Purchase and Sales Agreement,then in such event the Association established pursuant to Section 7 of this Agreement shall immediately establish the Committee. This Section 5 1(u) shall apply regardless of whether the Developer owns the Minimum- 5.2 Approval by Committee. (t) No Improvements shall be commenced, constructed, placed, erected or maintained on any Site, nor shall any alteration, change or addition be made to any Improvement (except those made to the interior of a Building and which do not otherwise violate these Covenants)unless and until plans and specifications therefore(as set forth in the Guidelines) shall have first been submitted to and approved in writing by the Committee. The Committee shall evaluate and review proposed Improvements and uses of sites in relation to their conformance with the Guidelines (it) Notwithstanding anything to the contrary set forth in this Article 5, during the Effective Period, AMC shall be entitled to make interior changes to its premises without Committee review or approval, and may make such other improvements to its premises, subject only to the approval of its landlord (to the extent required under the AMC Lease) and of the Community Development Duector (collectively, "AMC Alterations") Furthermore,during the Effective Period, unless otherwise approved by AMC and the City,Buildings may only be constructed within the Building Envelopes depicted on the Site Plan attached as Exhibit B, notwithstanding any contrary provision in Section 5A Notwithstanding the prop isions of this Section 5.2,all improvements shall remain subject to approval through the City's Design Review process. 5.3 Application for Approval Plans and specifications and an application, in a form satisfactory to the Committee,shall be submitted to the Committee at the expense of the Applicant in triplicate over the signature of tite Applicant and prior to submission to the appropriate governmental authority having jurisdiction over the Property for any permit. Such plans and specifications shall include all items required by the applicable Guidelines. The provisions of this Section do not apply to AMC Alterations during the Effective Period. 54 Variances In addition to the plans and specifications,the Applicant shall set forth separately and in specific detail any and all variances it desires from the Covenants and Guidelines. The Committee shall have the right to waive and/or grant variances,both temporary and permanent from the Covenants and those requirements set forth in the Guidelines if the Committee deems such waiver or variance warranted in a particular instance;provided, however, that any consent by the Committee to waive or grant a variance from any Covenant pertaining to the construction or maintenance of any Improvement shall be a Major Decision. 55 Review Fee Plans and specifications submitted to the Committee for review shall be accompanied by a statement from the Architect who prepared such plans and specifications giving a good faith estimate of the total cost of the Improvements together with payment to the Committee in an amount equal to the then applicable Review Fee, as established by the Committee, and as revised from time to time. The Review Fee shall not exceed$2,500. No plans and specifications shall be reviewed unless and until such fee has been paid. In the event any revisions to applicant's plans and/or specifications required by the Conmtittee will require significant re-review by the Committee, the Committee may assess a reasonable re-review fee which shall be payable by applicant prior to the Committee commencing such re-review fit addition to the Review Fee,the applicant shall be obligated to reimburse the Committee for all out-of-pocket costs incurred by the Committee. The Committee may evaluate on an annual basis whether the Review Fee is sufficient to cover the Committee's costs and may change the Review Fee based on this evaluation to include a reasonable increase Changes to the Review Fee are a Major Decision The provisions of this Section do not apply to AMC Alterations during the Effective Period 56 Application and Approval Procedures Page 9 I (1) With regard to any request for approval by the Committee involving Improvements with a total budget of$100,000 or greater: (a) The Committee shall endeavor to approve or disapprove all plans and specifications and requests for variances within thirty(30)days after receipt of the items required for plan approval by the Guidelines and the payment of the Review Fee or re-review fee. (b) In the event the Committee fails to approve or disapprove such plans and specifications or requests for variances within thirty(30)days after receipt by the Committee of said plans and specifications and the Review Fee, it shall be conclusively presumed that the Committee has disapproved such plans. (u) With regard to any request for approval by the Committee involving Improvements with a total budget of less than$100,000: (a) The Committee shall approve or disapprove all plans and specifications and requests for variances within ten (10) days after receipt of the items required for plan approval by the Guidelines and the payment of the Review Fee or re-review fee (b) In the event the Committee fads to approve or disapprove plans and specifications within said ten(10)day period,such plans and specifications shall be deemed disapproved (iii) Anything herein to the contrary notwithstanding, except for AMC Alterations, any Improvements erected or constructed on any Site without the prior compliance with the provisions of this Declaration or if any Improvements shall be erected or constructed other than in accordance with approval with respect thereto previously granted by the Committee,then and in either of such events,the City,Association, Developer,Owner,or Developer may enforce all provisions of this Declaration The Owner is required promptly to commence and diligently to prosecute to completion the construction of all approved Improvements in accordance with the approved construction schedule (iv) Nothing herein shall be construed as a waiver of Applicant's obligation to comply with all statutes, ordinances, codes, rules and regulations of all public authorities having Jurisdiction, or of Applicant's obligation to secure all required permits and licenses required by such public authorities at Applicant's expense (v) If the applicant,Developer,AMC,or other Owner disagrees with the Committee's decision regarding an application for an improvement,a third party neutral architect will resolve the dispute by binding arbitration. If the parties cannot agree upon the architect-arbitrator within ten(10)business days after the date of the Committee's decision,then each party shall appoint an architect within the next ten(10)day period,and those architects shall in turn appoint the architect-arbitrator within the next ten(10)day period. Once appointed,the arch ttect-arbitrator shall render a decision within 21 days If,despite best efforts,the parties or their architects cannot agree on the architect-arbitrator,then in such event the architect-arbitrator shall be appointed by the Presiding Judge of King County Superior Court. The parties shall split equally the costs of the architect-arbitrator 5.7 Disclaimer of Liability. (1) To the extent allowed by law,neither the Developer,the Committee,the Association nor their individual members or the employees,agents or the successors or assigns of any of them shall be liable in damages to anyone submitting plans and specifications or requests for variances to them for approval hereunder,or to the Owner or Occupant of any Site or any other land affected by the Covenants or to any third party affected by a decision made under and pursuant to these Covenants,or to any third party by reason of any honest mistake in Judgment,negligence arising out of or in connection with the approval or disapproval or failure to approve any plans Page 10 • and specifications pursuant to the terns and conditions set forth herein (11) To the extent allowed by law,every Person who submits plans and specifications for approval and/or requests for variances hereunder acknowledges and agrees,by the submission thereof,and every Owner and Occupant of any Site,by acquiring title thereto or an interest therein,all expressly waive and release the Developer, the Committee,the Association and all their individual members and their employees,agents,and the successors and assigns of any of them from and against all liability whatsoever arising out of any such mistake,negligence or nonfeasance (iii) To the extent allowed by law,every Person who submits plans and specifications for approval, agrees by the submission thereof,and every Owner and Occupant of any Site,by acquiring title thereto or an interest therein,acknowledges and agrees that it has no cause of action against,and covenants and agrees that it shall not bring any legal action against Developer,the Committee,or the Association,its mdry idual members,its employees and/or the successors and assigns of any of them to recover damages for the failure or refusal to approve any plans and specifications,or requests for variances 58 Time for Completion of Construction. After commencement of construction of any Improvements,the Owner thereof shall diligently prosecute the work thereon to the end so that the Improvements shall not iemam in an unfinished condition any longer than reasonably necessary for completion thereof During construction, the Owner shall maintain the Site in a reasonably neat and orderly condition, preventing the accumulation of trash and prevent more than normal runoff of surface water and soil from the Site onto adjacent property or streets The Owner shall also be responsible for the costs of traffic control and security with respect to the Improvements and for any clean-up and repair of Common Areas, Streets and/or other public areas attributable to the construction of the Improvements The requirement to complete construction of any improvement on any Site in a diligent and continuous manner shall be subject to acts of God and circumstances beyond the control of an Owner (other than financial inability to perfomm) Completion of construction shall include completion of all landscaping as required by the City If a certificate of occupancy or similar letter of completion for a shell building is not issued within two(2)years of the date of commencement of construction of any Improvements,the Developer or the Association shall have the option to proceed with such construction or remove such incomplete Improvements in accordance with the cure provisions herein Costs incurred by the Developer or the Association in connection with such removal or construction shall be paid by the Owner of the affected Site within ten (10) days following receipt of an invoice therefore and all such costs and expenses incurred by the Developer or the Association shall bear interest from the due date at the rate of eighteen percent(18%)per annum 5.9 Excavation and Construction Activities (i) Excavation Activities No excavation shall be made on any Site except in connection with construction of improvements,as required by any regulatory agency,to maintain the developabihty of the Site(1 e., stormwater drainage retention areas) or as may be directed by a master utility, grading or drainage plan Upon completion of construction of Improvements on the Site exposed openings shall be backfilled and disturbed ground shall be smoothly graded and hydroseeded or,at Developer's election,landscaped (1i) Construction Activities During construction, all Owners shall take such measures as are necessary to insure that the construction does not adversely affect existing Occupants of the Property During the Effective Period, the following provisions shall apply construction shall be performed in conformance with accepted construction practices designed to reduce interference with existing operations,no construction traffic shall be permuted to access Ramsay Way between Temperance St. (on the south) and 2"' Place (on the north); construction personnel shall not be permitted to park passenger or construction vehicles or equipment or otherwise stage in Phase [,jack hammering,blasting or other activity that would cause sound or vibrations to be experienced inside the AMC Building during the Theater Operation Period shall be scheduled during periods that AMC is not open for business; if necessary, graded areas shall be periodically watered to reduce blowing dust, all mud and Page 11 construction debris shall be removed from the Common Areas and proximate public streets on a daily basis no later than 7 00 pm each day. 5.10 Evidence of Approval and Conformity. At the request of an Owner, proposed purchaser, Beneficiary, lessee or title insurer to do so,the Committee or the Association may issue a certificate or letter stating that the plans and specifications for any existing or proposed Improvements or other matters herein provided for have been approved and/or that any existing Improvements have been made in accordance with the approved plans and specifications or have otherwise been approved by the Committee. Said certificate may be relied upon by the party in whose favor it shall have been issued and said certificate shall be conclusive as to the matters therein stated 5 11 Deemed Approval. Notwithstanding anything to the contrary contained herein, after sixty (60) days of the completion of any Improvements and the issuance of a certificate of occupancy or equivalent document evidencing the completion of such Improvement, if applicable, such Improvements shall be deemed to have Committee approval on or before said date unless notice of noncompliance, executed by the Association, the Committee or by any public authority with jurisdiction over such Improvements shall have theretofore been Recorded against the Site or portion thereof on which such Improvement is located. SECTION 6 ACTIVITIES ON PROPERTY OWNED BY DEVELOPER 6.1 Subject to compliance with Article 5 above regarding construction and access practices, and subject to the requirements of Section 10 2,Developer shall have the right to use portions of the Property owned by Developer or by an Owner for which Developer is an agent for purposes of Developer's construction of Improvements on the Property SECTION 7 OWNERS'ASSOCIATION 71 Formation of Association (i) Except as provided in Section 7 1(u), so long as Developer owns or is agent for Owners of the Minimum, all references in this Declaration to the Association shall be understood to mean Developer, and Developer shall have the right and obligation to exercise all powers and duties and shall have all authority and benefits otherwise provided in this Declaration for the Association. At such time as Developer no longer owns or no longer is agent for Owners of the Minimum or otherwise elects in writing to establish the Association,the City and Developer shall cause the Association to be created by incorporating a not-for-profit corporation under the laws of the State of Washington to be called"Kent Station Association"or a similar name selected by Developer Upon the formation of the Association, every Owner of a Site shall automatically be and become a member thereof during, and only during, all periods of such Owner's ownership of such Site The Association shall be governed in accordance with articles and bylaws,the form of which shall be substantially in the form attached hereto as Exhibit D,and the final form of which shall be agreed to by AMC (during the Effective Period),by the Developer,and by the Community Development Director. Pursuant to such articles and bylaws,the purposes of this Association shall be to enforce the Covenants, to own and/or maintain certain Common Areas as designated by Developer and accepted by the Association from time to time, to pay the expenses of the Committee that are not covered by the Review Fee, to appoint the members of the Committee from and after the date the Developer ceased to make such appointments,to assume such other obligations with respect to the Property as the Association deems appropriate, and to fulfill such other purposes as the Developer may deem necessary or appropriate to enable the Association to carry out the purpose and intent of this Declaration. No Occupant or other third party may exercise any right or privilege of a member of the Association except pursuant to a written proxy issued by the Owner of the Site and on file with the Association Page 12 • (ti) Notwithstanding the foregoing, during the Effective Period, AMC shall have the right, but not obligation,to exercise the rights of the Owner of the Lot on which the AMC Budding is situated with respect to all matters set forth in this Declaration (it) If Developer elects not to purchase any of the Remainder Property, has sold any part of the Property to the City under Section 17.8 5 of the Purchase and Sales Agreement, or is in default under the terms of the Purchase and Sales Agreement, then the City and Developer shall immediately establish the Association This Section 7 1(ii)shall apply regardless of whether the Developer owns the Minimum 7.2 Board of Directors The articles of incorporation and bylaws of the Association shall provide that the Association shall be governed by a Board of Directors consisting of three(3)directors The three(3)directors first appointed shall be elected for staggered terns of one,two and three years, respectively Succeeding directors shall each serve a term of three(3)years Directors shall be elected by the Owners at the times and in the manner prescribed in the bylaws of the Association Notwithstanding anything to the contrary set forth in this Section,the City shall not be entitled to elect a Director until and unless the City has repurchased any Lot pursuant to the Purchase and Sale Agreement, or until and unless Developer's rights to purchase future Phases as set forth in the Purchase and Sale Agreement have expired. 7.3 Voting Rights (1) For the purposes of electing directors and all other matters properly coming before the Association,each Owner shall have one(1)vote for every 5,000 square feet of Net Developable Area of each Lot, provided,however,that each Owner shall be entitled to at least one vote (n) When there is more than one Owner of a Lot,the one vote for each 5,000 square feet of Lot Area owned,as determined above,shall be exercised as its Owners collectively determine The foregoing shall also apply in the event that a building or buildings are developed or owned under the condominium fomm of ownership. In the event thatjoint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question 7.4 Assessments (1) The Association and its obligations hereunder shall be financed by annual assessments and special assessments which shall be allocated among the respective Owners of Sites pursuant to the further provisions hereof, provided,however,that no assessments or special assessments shall be allocated to the City,or be payable by AMC (u) Each year the Board of Directors of the Association shall prepare and approve an annual assessment budget (the "Budget") which shall include a reasonable estimate of operating the Association, annual normal maintenance expenses of the Common Areas,and a reasonable contingency reserve for future years The Association's budget shall be allocated among the Lots on a prorata basis based on the amount of improved land in the Lot as a percentage of the total improved land in the Property. City owned land,however,(a) shall not be assessed until such time as it is developed,(b)undeveloped Lots owned by the City shall not be subject to any such assessment during the City's ownership thereof and(c)any Lot owned by the City and developed and used solely for surface and/or or structured parking shall not be subject to such assessment during the City's ownership thereof. At such time as Lots owned by the City are developed for commercial, retail and/or residential uses (but only for those services that benefit the residential services), the Lots may be made subject to such assessments Sums not paid to the Association within fifteen (15)days of the date they are due shall bear interest at the rate provided in paragraph (iv)below, and such sums and the interest thereon shall be secured by a hen on the Page 13 particular Site. Notwithstanding the foregoing, Developer is obligated to pay for private utilities as outlined in the Purchase Agreement and Development Agreement. (iii) From time to time during any year,the Board of Directors may spread and levy additional special assessments against the Sites for extraordinary or unforeseen expenses subject to the same multipliers as are used for the annual Budget,provided however that such action by the Board of Directors may be vetoed by a two-thirds(2/3) majority vote of the Owners attending a special meeting called for such purpose, and in such event, the special assessment shall be canceled (iv) All assessments levied shall be payable at such time or times as detemiined by the Board of Directors. The payments shall be due within thirty(30)days after the due date of notice of such levy. Assessments not paid on the due date thereof shall accrue interest at the lesser of eighteen percent (18°/o) per annum or the maximum interest rate legally allowed for such obligations in the State of Washington. (v) The amount of any assessment not paid on the due date thereof together with all interest from time to time accrued thereon shall constitute a lien upon the Site, which lien may be enforced and foreclosed in accordance with the provisions of Section 11, provided,however,that this provision shall not apply to undeveloped property owned by the City (vi) The cost of the operating and maintenance for the Sound Transit parking garage and any Replacement Parking Facility, is a lien against the first Takedown Parcel as defined in Section 6 1 of the Development Agreement and may only be assessed against Owners of any developed property. 7.5 Review of Association Books and Records Upon the request of any Owner,the Association shall provide such Owner reasonable access to the books and accounting records of the Association Any Owner,at such Owner's sole cost and expense, may conduct an audit of the Association's books and accounting records If such audit discloses a discrepancy in excess of five percent (5%) of the Association's annual operating budget, the Association shall revise its budget and/or its associated assessments to the Owners in keeping with the findings of the audit,and shall pay the cost of the audit Otherwise time Owner shall pay for the cost of the audit 76 Other Provisions. The articles and by-laws of the Association shall contain such other provisions as the Developer, AMC, the Community Development Director or Owners may deem necessary or appropriate for the Association to cant'out the purposes and intent of thus Declaration SECTION 8 MAINTENANCE 8.1 Maintenance of Site and Improvements Each Owner of any Site shall keep the Site and all Improvements thereon in a safe, neat and operable condition The Association shall have the right (but not the obligation)to maintain and replace Improvements(mcludmg dead landscaping)located on any Site that significantly detracts from the appearance or function of the Property or that creates a significant risk to life or Property. In particular,Owners shall keep undeveloped lots free of trash and in reasonable condition,with vegetation(other than trees and shrubs) mowed to at approximately 6" If an Owner fads to respond and correct a problem in maintenance called to its attention by Developer,AMC or the Association within ten(10)days following written notice of such deficiency, Developer and/or Association shall have the right to effect such maintenance and be reasonably compensated by the Owner of each such Site for services performed. All such sums the party maintaining or replacing said Improvements expended, shall be secured by a hen on the particular Site, which ben shall include collection costs, including attorney's fees In addition, the amounts due and payable by an Owner shall accrue interest at the lesser of eighteen percent (18%) per annum or the maximum interest rate legally allowed for such obligations in the State of Washington and such sums and such interest shall also be secured by a Lien on the particular Site This Lien described in this Section 8.1 shall not apply to City owned property Page 14 8.2 Maintenance of Common Areas. After the completion of improvements upon the Common Areas, the Association shall maintain the Common Areas and the Common Area Improvements or cause them to be maintained in good order, attractive and safe condition, including but not limited to compliance with the maintenance conditions set forth below. Each Owner hereby grants to the Association, its agents and employees,a license to enter upon its Site to maintain and repair the Common Areas. The Association shall expend such funds as are reasonably necessary for the operation and maintenance of the Common Areas. The Association shall be reimbursed for Common Area maintenance and repair costs,including administrative and overhead costs,operation and management costs, landscaping costs, utility costs,employment costs for personnel involved in the day-to-day operation and maintenance of the Common Areas,private security costs,permit and license fees, depreciation and amortization costs for Common Area capital assets and equipment, and the cost of all insurance carried by the Association with respect to the Common Areas.Maintenance shall include the obligations to (1) prov ide and maintain adequate lighting and security for the areas reserved for parking and for the other Common Areas, all such lighting to be kept on from dusk until at least one hour after the end of the last evening performance in AMC facihty, (u) keep the parking areas and the drainage and lighting systems therefor and said sidewalks, aisles, curb cuts,private streets,driveways and other Common Areas in good order and repair and in a clean and sanitary condition, (iii) keep the parking areas, sidewalks, aisles, private streets and driveways properly drained and reasonably free from snow,ice and debris and to keep the parking area properly striped and not fenced or otherwise obstructed and otherwise kept open at all times for the free use thereof as intended herein,and (iv) during the Effective Period,provide security as AMC shall reasonably request within the parking areas and other Common Areas within 300 feet from the main entrance to the AMC Building If the Association fails to maintain the Common Areas in the manner required by this Section, and such failure is not cured within 30 days after receipt of written notice from AMC,then in addition to AMC's other rights (including its rights under the AMC Lease),AMC may cure such default at the expense of the Association,in which case, the Association shall reimburse AMC for the actual and reasonable costs expended by AMC to cure such default within t0 days after receipt of the invoice. SECTION 9 COMMON AREA IMPROVEMENTS 9.1 Definition. "Common Area Improvements" shall mean any Improvements (other than Buildings)for the benefit of the Property that are within the boundaries of the Property and located within Common Areas, including,but not by way of limitation,streets,sidewalks,curbs,gutters, landscaping,signs,trails,benches, tables, Open Space, lighting, utilities, entry features, sprinklers, wetlands, storm water detention system, bioswale system, ditches and pipelines. Notwithstanding anything to the contrary set forth herein, the Common Areas as identified in the attached Site Plan shall not be materially changed without the prior written consent of AMC during the Effective Period, 9.2 Construction and Maintenance Costs The cost of construction of Common Area Improvements shall be paid by Developer so long as it owns the Minimum unless otherwise agreed to by the Owners or by third parties in accordance with agreement(s) with an Owner After the Association has been formed, the cost of construction of future Common Area Improvements shall be paid by the Association and allocated to Owners on the basis provided in Section 8 2, unless otherwise agreed to by the Owners Common Area Improvements shall be maintained and repaired as provided in Section 8 2,and the cost thereof allocated among the Owners in an equitable manner that reflects the applicable Owners'proportionate use of the Common Area Improvements. Page 15 SECTION 10 EASEMENTS 101 Utilities (1) Cross Easements that establish the initial location of utilities for the Property shall be identified and recorded as provided for in Section 7.1.10 of the Purchase and Sales Agreement Additional easements shall be provided for as set forth in the Purchase and Sale Agreement and as provided for by Section 10.1 ii to address circumstances in which the initial location needs to be modified (ii) Subject to limitation hereinafter contained in this Section 10.t(ii),each Owner hereby does and grant acid convey to each other Owner non-exclusive perpetual easements in,to,over,under,along and across those portions of the Owner's Site not improved,or held for improvement,with Buildings located on the grantor's Site necessary for the installation,operation,flow,passage,use,maintenance,connection,repair,relocation,and removal of utility lutes serving the grantee's Site,including but not limited to,water(fire and domestic),sewer,gas, electneal,telephone and communication lines. All utility lines shall be underground except- (a) as may be necessary during periods of construction, reconstruction,repair,or temporary service, (b) as may be required by governmental agencies having jurisdiction,and (c) as may be required by the provider of such service. Prior to exercising the right granted under this Section 10.1(i) the grantee shall first provide the grantor with a written statement describing the need for such easement.shall identify the proposed location of the utility line, and shall furnish a certificate of insurance showing that its contractor has obtained insurance coverage satisfactory to grantor. The grantor shall have the right to approve the new location, such approval may not be unreasonably withheld. Any Owner installing utility Imes pursuant to the provisions of this Section shall pay all costs and expenses with respect thereto and shall cause all work in connection therewith (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible and in a manner so as to minimize interference with the use of the Site If Owners elect to install common utility lines, all repair, maintenance, replacement and other work thereon shall be performed by the Operator as part of the Common Area maintenance,unless otherwise provided herein (Ili) The Owner shall have the right at any time to relocate a utility line upon thirty (30) days' prior written notice,provided that such relocation (a) shall not interfere with or diminish the utility service to the grantee, (b) shall not reduce or unreasonably impair the usefulness or function of such utility line; (c) shall be performed without cost or expense to; (d) shall be completed using materials and design standards which equal or exceed those originally used, (e) shall have been approved by the provider of such service and the appropriate governmental or quasi-governmental agencies having jurisdiction tbereover,and (f) shall not disrupt the grantee's business operation. Page 16 Documentation of the relocated easement area including the furnishing of an"as-built'survey,shall be the grantee's expense and shall be accomplished as soon as possible. 102 Parkin . Kent Station is intended to be a mixed-use center with parking areas that can serve multiple uses, where pedestrian activities are encouraged, and where internal automobile trips are discouraged Subject to subparagraph(u)below with respect to residential parking, Developer hereby grants and conveys to each other Owner a non-exclusive perpetual easements for purposes of parking and access over and across those portions of the Owner's Site from time to time improved for parking and access (t) Every use shall be developed such that there are sufficient parking stalls within the Property (including stalls located on public or private streets as well as the parking located in the Sound Transit Garage or its replacement) to meet the minimum parking ratio of 5.0 stalls per 1,000 rentable square feet within Buildings on the Property(the"Parking Ratio"). PROVIDED, HOWEVER,parking for any multi-family residential development within the Property must be fully self-parked on the Lot developed for that use at a minimum of 15 stalls/umt, and such use shall not be benefited by any cross-parking easements described above in this Section Residential parkers found parking outside of the residential Lot may be towed away. (ii) Notwithstanding the foregoing,as a condition of an Owner's right to develop any Site sold back to the City pursuant to Section 17 8 5 of the Purchase and Sales Agreement,such Site must independently maintain the Parking Ratio with respect to Improvements and uses developed thereon without relying on the Sound Transit Parking Garage. (Ili) At all time,Phase I shall contain at least 500 parking spaces 103 Sound Transit Garage Pursuant to the agreement entered into between the City and the Central Puget Sound Regulatory Transit Authority dated as of June 18,2000(the"Sound Transit Agreement"),each Owner has the right to use the Sound Transit garage The parties acknowledge and agree to the specific rights and obligations set forth in Section 17 of the Purchase Agreement regarding the use and possible replacement of the Sound Transit Garage 17 14 Sound Transit Patking Fees If Sound Transit commences charging non-transit riders for parking after 12 00 noon in the Sound Transit Parking Garage at any time within 40 years from the Initial Takedown Parcel closing date,the City will provide a voucher system to allow cinema patrons up to three and one-half hours of free parking in the Sound Transit Parking Garage In the alternative,and at the City's sole option,the City may provide an equal number of public parking spaces,not to exceed 680 spaces,within the boundaries of the PAO south of James Street and north of Smith Street(the"Replacement Parking Facility"of"RPF")which w ill also allow cinema patrons up to three and one-half hours of free parking. Under this circumstance,the City will provide a voucher system until such time as the RPF is open. 17.14 1 If the City elects to construct a Replacement Parking Facility,the Developer will provide the City developable land in an amount sufficient to construct the Replacement Parking Facility in the location,of the size,and in the configuration designated by example on Exhibit A(the"RPF Land"),which is attached and incorporated to this Addendum. The design and final location and configuration of the RPF shall be mutually determined by the Developer and City,both exercising good faith and reasonableness,and otherwise subject to applicable laws,rules and ordinances.The Developer will provide the City fee title to the RPF Land free of charge by Statutory Warranty Deed,free and clear of all hens and encumbrances (other than real property taxes and assessments not yet due and payable),and will further indemnify the City from or take the necessary steps to insure that any Hazardous Substances, wastes or contaminants,placed in,on,about,within or under the Property or any subsurface strata Page 17 or groundwater occurring on the RPF Land after the date Developer purchased it from the City shall be removed or remediated to the extent necessary to facilitate the construction of the RPF. Additionally,the Developer will provide the City with all access,utility,and temporary construction easements required by the City to construct and provide the Replacement Parking Facility. If the RPF Land contains existing surface parking stalls,the City will also provide an equal number of parking spaces to replace those existing surface parking stalls(the"Replacement Stalls")until such time as the RPF is open. The City will provide Replacement Stalls either(a)at a location on the Real Property(if it is undeveloped)reasonably acceptable to the Developer,or (b)elsewhere within or adjacent to the boundaries of the PAO Finally,if the Developer does not transfer the RPF Land and easements to the City within ninety(90)days of the date that Sound Transit commences charging non-transit riders for parking after 12-00 noon in the Sound Transit Parking Garage,then the City's obligations under this section 17.14 will automatically terminate and be of no further force or effect . At closing,a covenant or other deed restriction will be recorded against the Parcel or Parcels shown in Exhibit A requiring that the Developer or any subsequent owner must provide the City fee title to the RPF Land free of charge if the City constructs a RPF pursuant to this Section. 17.14 2 In addition to the City's termination rights established in section 17 14.1,the City's responsibility to provide a voucher system or the Replacement Parking Facility shall automatically terminate upon the earlier of: (a)the termination of the cinema tenant lease in accordance with its terms,whether upon expiration of the tern thereof,as a result of a default thereunder by tenant or otherwise,unless Developer leases the cinema to another cinema operator within 365 days from the termination of the earlier cinema lease,or(b)the cinema tenant ceases to operate at least a 2000 seat multiplex theatre on the Initial Takedown Parcel or is not open for business as at least a 2000 seat multiplex theatre for a period of more than 365 days(other than by reasons of Force Majeure) 17 14.3 If the City provides alternate parking pursuant to this Section 17 14, then in such event,Developer's obligation to pay for the operation and mauttenance costs of the Sound Transit Parking Garage shall cease,and the Developer shall be responsible for paying the operations and maintenance costs of the Replacement Parking Facility_ In addition,if at any time Developer believes that the operation and maintenance costs charged by Sound Transit for the Sound Transit Garage are unreasonable,Developer shall so inform the City and the City agrees to make good faith efforts to pursue the unreasonableness of the charges with Sound Transit to seek a reimbursement of the unreasonable fees. 104 Restriction. No Owner (including the City) shall grant any easement, lease, license or other agreement penmtting Occupants of property located outside the Property to use the Common Areas on the Property; provided,however, that the foregoing shall not prohibit the granting or dedicating of utility easements by an Owner on its Site to governmental or quasi-govemmental authorities or to public utilities,and further provided that so long as the City retains ownership of any Lot,this shall not prohibit the City from using its Lot(s) for purposes allowed under these CC&Rs or from otherwise exercising its police powers SECTION 11 ENFORCEMENT 11 1 Abatement and Suit. The Developer,AMC,Owners,the City,the Committee and the Association are each hereby granted the right to enter upon any of the Property at any reasonable time or times to inspect the same for purposes of determining compliance with Committee-approved plans and specifications,the Covenants and the Guidelines In the event of any violation or breach of any of the aforesaid,and ui the further event that all such violations and breaches are not cured within ten(10)days after written demand made upon the Owner or occupant Page 18 by the Developer, AMC, any Owner, the City, the Committee or Association, as the case may be, the Developer, AMC,the City,the Committee and the Association jointly and separately have the right to enter upon the portion of the Property upon which,or as to which,such violation or breach exists,and summarily to abate and remove,or to correct,repair or maintain,at the expense of the Owner and Occupant thereof,any Improvement,thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, and the Developer, the Committee,AMC, the City,any Owner and the Association shall not, by reason thereof, be deemed guilty in any manner of trespass for such entry, abatement, removal, correction, repair, or maintenance or incur any liability on account thereof The Developer, the City, the Association and every Owner (or Occupant, but only with the respective Owner's consent) of any of the Property may seek by legal proceedings,either in law or in equity, or to submit any such violation or dispute to arbitration in accordance with the rules of the American Arbitration Association to determine the appropriate remedies to abate or otherwise prevent a continuing breach of any provision of this Declaration. The amounts of all expenses incurred by Developer, the Committee and the Association pursuant to the provisions of this Section 11.1 which are not paid by Owner immediately on demand shall constitute a lien against the subject Site,shall bear interest until paid at the rate set forth in Section 3.1, shall attach and take effect upon recordation of a claim of hen in the Official Records and may be enforced in the manner allowed by law for the foreclosure of liens. 11.2 Attorneys' Fees. If in connection with any enforcement of this Declaration with respect to any Site, it shall be necessary to secure the services of attorneys, then each party shall be responsible for its own attorneys fees and costs, however, if AMC successfully enforces the provisions of this Declaration,Developer shall reimburse AMC for AMC's litigation expenses (including its reasonable attorneys fee) incurred in connection therewith 11.3 Deemed to Constitute a Nuisance Any breach of this Declaration by an Owner or Occupant is hereby declared to be and shall constitute a nuisance and every remedy allowed by law or equity against an Owner or Occupant shall be applicable against every such nuisance and may be exercised by the Developer, AMC, the Association,the City, any Owner(or Occupant who has been given such right by the Owner of such Site)of a Site, or any of them 114 Remedies Cumulative. All remedies provided herein or available at law or in equity shall be cumulative and not exclusive 1 L5 Failure to Enforce Not a Waiver of Rights. The failure of the Developer, the City or any other Person entitled to enforce this Declaration,to enforce any Covenant herein contained shall in no event be deemed to be a waiver of the right to do so nor of the right to enforce any other Covenant. Developer or the City shall not be liable to any owner, occupant or any other person or entity for any damages, losses, liabilities or expenses suffered by reason of a mistake in judgment,negligence or nonfeasance arising in connection with any approval,disapproval or other actions taken in connection with this Declaration or the non-enforcement of any provision of this Declaration; however, the foregoing shall not be deemed to affect Developer's liability to AMC under the AMC Lease. 11.6 Damages Inadequate Damages for any breach of the Covenants are hereby declared not to be adequate compensation and such breach and/or the continuance thereof may be enjoined or abated by appropriate proceedings by any Person entitled to enforce this Declaration as provided in this Section 11 11.7 Police Powers Nothing contained herein is intended to constitute a waiver of the City's police power or other governmental authority. SECTION 12 ACCEPTANCE OF PROTECTIVE COVENANTS Page 19 121 Acceptance. Each Owner and Occupant, by the acceptance of a deed of conveyance, lease, sublease,license or other right to enter on or occupy any of the Property,and every other Person at any time having or acquiring any right,title, interest,hen,or estate in,on or to any of the Property,accepts the same subject to ail of the provisions of this Declaration and the jurisdictions, rights, and powers of the Developer, the City, the Committee, and the Association created, granted or reserved herein, and all easements, rights, benefits and privileges of every character hereby granted or created and thereby covenants and agrees for themselves, their successors,heirs,personal representatnes and assigned to be bound by the Covenants. 12.2 Nature of Obligations All obligations hereby imposed are covenants running with the land and shall bind every Owner and Occupant of every part and parcel of the Property and any interest therein, and every such other Person and inure to the benefit of every Owner and Occupant and such other Persons and as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance, lease, sublease, license or other agreement granting any right of entry or occupancy, or in any other instrument or document by which any such right, title, interest, lien, or estate is created or acquired. All Covenants, and agreements contained herein are made for the direct,mutual and reciprocal benefit of each and every part and parcel of the Property and shall create mutual, equitable servitudes upon each portion of the Property in favor of every other portion of the Property. SECTION 13 DEED OF TRUST 13.1 Pnority Over Liens. The lien on any Site resulting from, created by or provided for in this Declaration shall be subject and subordinate to the lien of any Deed of Trust for the benefit of any institutional lender made for value and in good faith and creating a lien on such Site on the date of commencement of proceeding to execute or foreclose the hen on such Site executed by this Declaration 132 Effect Of Breach Anything contained in this Declaration to the contrary notwithstanding, no breach of any of the Covenants, re-entry or repurchase by reason of such breach, shall defeat or render invalid or impair the lien of any Deed of Trust made and delivered for value and in good faith, whether now existing or hereafter executed,encumbering any of the Property. 13.3 Purchasers at Foreclosure Sales Notwithstanding the provisions of Sections 13 1 and 13 2, if any portion of the Property is acquired in lieu of foreclosure or is sold pursuant to a decree entered in the foreclosure of any Deed of Trust or under other judicial sale, or tax sale, any purchaser at such sale, and such purchasers heirs, successors and assigns, shall hold any and all portions of the Property so purchased or acquired subject to the provisions of this Declaration, but shall not be liable for the payment of any sums owing under this Declaration which accrued prior to the date of such purchase or acquisition SECTION 14 AMENDMENT OR MODIFICATION 14.1 Power to Amend. Subject to Section 3,this Declaration may be amended by Developer,so long as Developer is still Owner or agent for the Owner(s)of all of the Property not owned by the City,by an instrument in writing properly executed and acknowledged and recorded in the Official Records. Subject to Section 3,after there are other Owners,this Declaration may be amended,terminated or extended as to the whole of the Property or any part thereof upon the written consent of Owners who collectively own at least fifty one percent(51%)of the Net Developable Area of the Property. Any amendment of this Declaration shall not deprive any Owner or Occupant of its right to use its site for the purpose consistent with the Declaration as such Declaration stood prior to that amendment. Any such termination,extension or amendment shall be effective upon recording of any instrument in writing,properly executed and acknowledged,with the Official Records 142 Limitations. Notwithstanding the foregoing provisions of Section 14 1: Page 20 i (i) No amendment or modification of this Declaration shall be effective (a) without the City's prior written consent which shall not be unreasonably withheld,and(b)during the Effective Period,without AMC's prior written consent,which shall not be unreasonably withheld (u) No termination, extension, modification or amendment to or of this Declaration shall affect any approvals or consents theretofore given to any Owner or Occupant pursuant to the provisions of this Declaration, and (Ili) No termination, extension, modification or amendment to or of any provision of this Declaration shall prejudice any then existing lien of any Deed of Trust made and delivered for value,in good faith or the fights of any Beneficiary hereunder. SECTION 15 TERMINATION 15.1 Termination Date This Declaration shall be and remain in full force and effect until fifty (50) years from the date hereof after which date this Declaration shall be automatically extended for successive periods of five(5)years unless a written document terminating this Declaration is Recorded in the Official Records. Any such termination document must have been duly executed by the City and Developer, if Developer is then the Owner of any portion of the Property and,and the written instrument also shall be executed and acknowledged by the Owners in accordance with the terns of Section 14 No termination of the Declaration shall terminate any utility or other easement granted or reserved prior to such termination • SECTION 16 INSURANCE,INDEMNITY DAMAGE AND DESTRUCTION AND SIGNAGE 16 1 Insurance During the term of this Agreement, each Owner (or such Owner's Occupants) shall(i)keep its Site and the Improvements thereon insured on a policy of property insurance,on a special causes of loss form, to the extent of not less than 100% of the full replacement cost of the Improvements located on the Owner's Site(exclusive of foundations,footings and other underground improvements),and(it)maintain a policy of commercial liability insurance with respect to its Site in the amount of at least$3,000,000 combined single limits for bodily injury and property damage,on which Developer,the Association and all other Owners(and AMC during the Effective Period) are named as additional insureds Notwithstanding the foregoing, however, (a) during the Effective Period,the insurance required to be carved by the Owner of Phase I may be insured by AMC under a so- called "blanket" policy covering other operations of AMC, (b) in lieu of all or part of such insurance, AMC may self-insure up to$100,000 single limits per occurrence for each$10,000.000.00 of AMC's net worth as reflected on AMC's most recent audited balance sheet,and(c)so long as the City owns a Lot, it may self-insure without regard to the City's creditworthiness. From time to time upon receipt of a request, Owners shall provide Developer, the other Owners and the Association with certificates of insurance evidencing such coverage 16.2 inden inities i) To the extent allowed b law,each Owner "Indemnitor")shall indemnify and save harmless the ( Y ( Y Developer, the Association, and all other Owners and their Occupants (collectively, the"Indemnitee"), from and against any and all claims, actions, liability and expense (including reasonably attorneys fees) in connection with loss of life, bodily injury and/or damage to property(i) arising from or out of any occurrence in, upon or at each Indemnitor's Site or the occupancy or use by lndemnitor's Occupants of any part thereof, except to the extent the same is caused by the willful misconduct or negligent act or omission of the Inderruutee, or their respective its agents,employees or servants • Page 21 i (ii) Until and unless the City is a member of the Association, then Developer shall indemnify,defend and hold harmless the City from loss or damage arising from or connected with the operation of this Agreement. 16.3 Damage and Destruction In the event any Buildings on any Site are damaged or destroyed, the Owner of such Site shall with reasonable diligence either raze such damaged Building or shall restore the same. If an Owner shall elect to raze the damaged Building,such Owner shall convert such area to Common Area,matching adjoining Common Area Improvements,it being agreed that the Owner may later elect to erect a Building thereon in conformance with the other requirements of this Declaration. 16.4 Siggage. All Owners and their Occupants shall have the right to maintain signage in accordance with the terms of Kent Station Sign Manual, to be approved by the Community Development Director, Developer and AMC (the "Sign Manual"). In addition, and to the extent allowed by law and during the Theater Operation Period, and subject to approval by the Community Development Director, AMC shall be allowed the following signage. (1) Illuminated signs on the exterior walls of the AMC facility and on the theatre canopy or marquee (2)Signs on the interior or exterior of any windows of the AMC Building (3) Poster cases within the lobby of the AMC Building and on the exterior walls of the AMC Building. (4) Easel or placard signs within the lobby entrance or within the entry plaza to the AMC Building,provided the same do not unreasonably interfere with pedestrian traffic 16.5 Wayfindimg Signage Subject to approval by the Community Development Director and AMC (during the Theater Operation Period), Developer shall install "wayfinding" signs throughout the Property, indicating the location of the AMC Building. Without AMC's consent, Developer shall not utilize AMC's logo (other than on wayfinding signage approved by AMC), and the manner of identifying AMC's Building on any wayfinding signs shall be subject to AMC's approval SECTION 17 MISCELLANEOUS PROVISIONS 17.1 Assignment of Rights and Dunes Developer shall not be entitled to assign any of its rights or delegate any of its obligations under this Declaration,except in accordance with Section 2.14. 17.2 Owner's Liability Subsequent to Sale. Upon sale of or termination of a ground lease of a Lot or Site,the Owner so selling or the former ground lessee shall have no further Lability for the obligations with respect thereto which accrue against the Site sold after the date of conveyance or after the date of termination of the ground lease,provided however, that nothing herein shall be construed so as to relieve an Owner or ground lessee of any Site from any liabilities or obligations which accrued prior to the date of such conveyance or termination of ground lease. 17.3 Headings. The headings of the Articles and Sections hereof are for convenience only and are not intended to be a part of this Declaration nor in any way, to define, limit or describe the scope or intent of the particular provisions to which the refer 17.4 Singular and Plural. Words used herein, regardless of the number and gender specifically used, shall be deemed and construed to include any other number,singular or plural, and any other gender, masculine or feminine or neuter as is reasonable in the context Page 22 . 17.5 Effect of Invalidation If any provision of this Declaration is held to be invalid, the invalidity of such provision shall not affect the remaining provisions hereof. 176 Notices Any notice desired or required to be given hereunder shall be in writing Notices shall be personally served or deposited in the United States mail with first-class postage thereon prepaid and addressed (1) If to an Owner or Occupant,to the Lot or Site so owned or occupied,if to Developer or City at the address following the Developer's name and City's name in the signature blocks, if to the Committee or Association,to the registered agent of the Association;or (11) If to AMC,to the address following AMC's signature block set forth below,or (1i) In any case,the last address so specified by written notice from any such addressee 177 Interpretation. The provisions of this Declaration shall be construed pursuant to the laµs of the State of Washington and shall be liberally construed to effectuate the purpose of the Property 178 Time Time is of the essence of this Declaration 179 Waiver No waiver of any of the provisions of this Declaration shall constitute a waiver of any other provision,whether or not similar,nor shall any waiver be a continuing waiver. 17 10 Not a Public Dedication. Nothing contained in this Declaration shall be deemed a-gift or dedication of any portion of the Property to the public or for the general public or for any public purpose whatsoever. 17 11 Estoppel Certificate. Developer so lop as Dei elo er owns the Minimum the City, and each Pp P ( g P ), tl Owner agrees that upon written request(which shall not be more frequent than three(3) times during any calendar year) of any other Owner, the Developer or City, it will issue to such person, or its prospective Beneficiary or successor, an estoppel certificate stating to the best of the issuer's knowledge that as of such date (i) whether it knows of any default under this Declaration by the requesting Person,and if there are known defaults,specifying the nature thereof, (ii)whether this Declaration has been modified or amended in any way by it and if so, then stating the nature thereof; and(in)whether this Declaration is in full force and effect Each such estoppel certificate shall be issued with ten(10)business days after receipt of a written request therefore. 17 12 Condemnation In the event of a condemnation or a sale in lieu thereof concerning a portion or all of the Property,the award or purchase price paid for such taking shall be paid to the Owner of the Site so taken, it being the intent of any other Owner who might have an easement or other property interest or right under this Declaration in the land so taken to release and/or waive such property interest or right with respect to such award or purchase price;provided,however,such other Owner shall have the tight to seek an award or compensation for the loss of its easement tight or property interest to the extent such award or compensation paid or allocated for such loss does not reduce or diminish the amount paid to the Owner of the Site. Notwithstanding the above,this Section 16.12 is not intended to alter any other agreement which may exist between the Owner of the Site so taken and any Person having an interest in said property pursuant to other contractual agreements 17.13 Excusable Delays. Whenever performance is required of any Owner or Developer hereunder, such Person shall use all due diligence to perfomr and take all necessary measures in good faith to perform, provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion,riots,strikes,picketing or other labor disputes,unavailability of labor or materials,damage to work in progress by reason of fire or other casualty, or any cause beyond the reasonable control of such Person,the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused . Page 23 The provisions of this Section shall not operate to excuse any Person from the prompt payment of any monies required by the Declaration when required hereunder. 17.14 Declaration Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this Declaration shall (i) entitle any Owner to cancel, rescind or,otherwise terminate this Declaration, or(ti)defeat or render invalid the hen of any Deed of Trust made on good faitb and for value as to any part of the Property. However, such limitation shall not affect in any manner any other rights or remedies which a Person may have hereunder by reason of any such breach. 17.15 Consent by Community Development Director and AMC Any place herein where the consent of AMC and/or the Community Development Director is called for,such consent shall be given or denied within fifteen(15)days after their receipt thereof,provided that the request(i) refers specifically to this Declaration (and references "Kent, Washington"), (ii) identifies the provision of this Declaration pursuant to which such approval or consent is being sought, and (iii) states in conspicuous type that the failure to respond within 15 days shall be deemed an approval. If a consent is dented.AMC and/or the Community Development Director shall give a written explanation of their reasons for such denial If a consent or denial is not timely given it shall be deemed to be approved. IN WITNESS WHEREOF, Developer and the City have exccuted, and AMC has consented to, this Declaration on the day and year first above written CITY: THE CITY OF KENT, A Washington Municipal Corporation By Its: Address for notices: DEVELOPER: KENT STATION LLC, A Washington Limited Liability Company, On its own behalf and as Agent for Tarragon-Kent Station Phase I LLC By :Tarragon LLC, A Washington Limited Liability Company Its Manager By. Joseph Blattner,Manager Page 24 • Address for notices- AMC AMERICAN MULTI-CINEMA,INC. By. James V.Beynon, Sr.Vice President and Treasurer Address for notices: Amencan Multi-Cinema,Inc. 920 Main St,Suite 1400 Kansas City,Mo 64105 Attention: Lease Administrator . Page 25 • STATE OF WASHINGTON ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document On this day of ,2002,before me personally appeared to me known to be the of THE CITY OF KENT, a Washington Municipal Corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written Notary Public in and for the State of Washington,residing at My commission expires [Type or Print Notary Name] (Use This Space for Notanal Seal Stamp) Page 26 STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of , 2002, before me personally appeared Joseph Blattner, to me known to be the Manager of Tarragon LLC,the manager of KENT STATION LLC,a Washington Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument WITNESS my hand and official seal hereto affixed the day and year first above written Notary Public in and for the State of Washington,residing at_ My commission expires [Type or Print Notary Name] (Use This Space for Notanal Seal Stamp) Page 27 STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this day of ,2004,before me personally appeared James V. Benyon,to me known to be the Sr. Vice-President and Treasurer of AMERICAN MULTI-CINEMA, INC., the corporation that executed the within and foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute said instrument WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Public m and for the State of Washington,residing at_ My commission expires- [Type or Print Notary Name] (Use Thus Space for Notarial Seal Stamp) Page 28 EXHIBIT A Legal Description Page 29 EXHIBIT B MPD Site Plan Page 30 EXHIBIT C Kent Station Design Guidelines i Page 31 EXHIBIT D Form of Articles and Bylaws for Association BYLAWS OF KENT STATION OWNERS ASSOCIATION ARTICLE I Offices I I Registered Office and Registered Agent The registered office of the corporation shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices as may be required by law The registered agent shall have a business office identical with such registered office. 12 Other Offices The corporation may have other offices within or outside the State of Washington at such place or places as the Board of Directors may from time to time determine. ARTICLE I[ Declaration The corporation was formed in accordance with the provisions of the Declaration of Covenants, Conditions and Restrictions for Kent Station dated as of 2004 ,and recorded on 2004 under King County Recording No , as subsequently amended (as amended the "Declaration"). Unless otherwise defined herein, capitalized terms used in these Bylaws shall have the same meaning as they are given in the Declaration ARTICLE III Members Every Owner of a Lot as defined in the Declaration shall automatically upon becoming the Owner of property covered by the Declaration shall be a Member of the corporation,and shall remain a Member thereof until such time as his Ownership ceases for any reason, at which time his Membership in the corporation shall automatically cease. Ownership of property covered by the Declaration shall be the sole qualification for Membership in the corporation All memberships shall be appurtenant to property covered by the Declaration. The corporation shall have one(1)class of voting Membetshtp. Each Member shall be entitled to one(1)vote for each five thousand(5,000)square feet of land owned by such Member that is within the property covered by the Declaration An Owner owning less that five thousand(5,000)square feet of land covered by the Declaration shall not be entitled to a vote. When more than one(1) Person is the Owner of any property entaled to one or more votes,the number of votes attributable to such property shall be exercised as one unified vote The Membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of such Owner's property covered by the Declaration and then only to the purchaser of such interest in such property. Any attempt to make a prohibited transfer is void,and shall not be reflected upon the books and records of the corporation Notwithstanding anything to the contrary set forth Page 32 hereut,AMC and the City shall have such rights as are granted under the Declaration ARTICLE IV Members'Meetings IV.I Meeting Place. All meetings of the members shall be held at the registered office of the corporation, or at such other place as shall be determined from time to time by the Board of Directors,and the place at which any such meeting shall be held shall be stated in the notice of the meeting. IV 2 Annual Meeting Time The annual meeting of the members for the transaction of such business as may properly come before the meeting,shall be held each year on ,at the hour of 2 00 p m if not a legal holiday,but if such day is a legal holiday then on the next business day,at the same hour IV 3 Annual Meeting-Order ojBusuiess. At the annual meeting of members,the order of business shall be as follows• (i) Calling the meeting to order (u) Proof of notice of meeting(or filing of waiver) (Ili) Reading of minutes of last annual meeting (IV) Reports of officers (v) Reports of committees (vi) Miscellaneous business IV 4 Special Meetings Special meetings of the members for any purpose may be called at any timc by the President or Board of Directors. IV 5 Notice (i) Notice of the time and place of the annual meeting of members and of regular meetings other than the annual meeting shall be given by delivering personally or by marling a written or printed notice of the same,at least ten(10)days,and not more than fifty(50)days,prior to the meeting (ii) At least ten (10) days and not more than fifty (50) days prior to the meeting,written or printed notice of each special meeting of members,stating the place,day,and hour of such meeting,and the purpose or purposes for which the meeting is called,shall be delivered personally,or mailed IV 6 Waiver ofNoace. A waiver of any notice required to be given any member,signed by the person or persons entitled to such notice,whether before or after the time stated therein for the meeting,shall be equivalent to the giving of such notice. Page 33 IV.7 Voting A member may vote in person or by proxy executed in writing by such member or such members duly authorized attorney-in-fact. No proxy shall be valid after eleven (11) months from the date it is executed,unless otherwise provided in the proxy. A member may vote for the election of directors by mail orby other method permitted by this Section 4.7. IV 8 Quorum. One-quarter(1/4)of the members entitled to vote represented at a meeting in person or by proxy (or in the case of election of directors not present but voting by mail) shall be necessary and sufficient to constitute a quorum for the transaction of business. ARTICLE V Board of Directors V 1 Number and Powers_ The management of all the affairs,property, and interests of the corporation shall be vested in a Board of Duectors consisting of not less than three(3)nor more than seven(7)persons Directors must be members. At each annual meeting after the initial annual meeting,directors shall be elected for a term of one year to succeed the directors whose terms expire at such meeting. In addition to the powers and authorities expressly conferred upon it by these Bylaws and Articles of Incorporation,the Board of Directors may exercise all such powers of the corporation and do all such lawful acts and things as are not by statute or by the Articles of Incorporation or by these Bylaws directed or required to be exercised or done by the members of the corporation V? Change of Number The number of directors may at any time be increased or decreased by amendment of these Bylaws,but no decrease shall have the effect of shortening the term of any incumbent director. V.3 Vacancies All vacancies in the Board of Directors, whether caused by resignation, death or otherwise, may be filled by the affirmative vote of a majority of the remaining directors even though less than a quorum of the Board of Directors A director elected to fill any vacancy shall hold office for the unexpired tens of his or her predecessor and until a successor is elected and qualified V 4 Regular Meetings Regular meetings of the Board of Directors may be held at the registered office of the corporation or at such other place or places, either within or without the State of Washington,as the Board of Directors may from time to time designate. The annual meeting shall be held without notice at the registered office of the corporation,at 2 00 p m,on of each year,or at such other time and place as the Board of Directors shall designate by written notice. In addition to the annual meeting, there shall be regular meetings of the Board of Directors held,with proper notice,not less frequently than once each calendar quarter. V5 Special Meetings. Special meetings of the Board of Directors may be called at any time by the President or upon wntten request by any two directors. Such meetings shall be held at the registered office of the corporation or at such other place or places as the directors may from time to time designate. V 6 Notice. Notice of all special meetings of the Board of Directors(and of all regular meetings other than the annual meetings to be held at the place and time designated in Section 4 4)shall be given to each director by three(3)days'prior service of the same by telegram,by letter,or personally Such notice need not specify the business to be transacted at,nor the purpose of,the meeting. V.7 Quorum A majority of the whole Board of Directors shall be necessary and sufficient at all meetings to constitute a quorum for the transaction ofbusmess V 8 Waiver of Notice. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting,except where a duector attends for the express purpose of objecting to the transaction of any business because Page 34 • the meeting is not lawfully called or convened. A waiver of notice signed by the director or directors,whether before or after the time stated for the meeting,shall be equivalent to the giving of notice. V 9 Registering Dissent. A director who is present at a meeting of the Board of Directors at which action on a corporate matter is taken shall be presumed to have assented to such action unless the director shall file a written dissent or abstention to such action with the person acting as the secretary of the meeting before the adjournment thereof, or shall forward such dissent by registered mad to the Secretary of the corporation immediately after the adjournment of the meeting Such right to dissent or abstain shall not apply to a director who voted in favor of such action V.10 Executive and Other Cominuiees. The Board of Directors may appoint,from time to time,from its own number,standing or temporary committees consisting each of no fewer than two(2)directors Such committees may be vested with such powers as the Board may determine by resolution passed by a majority of the full Board of Directors. No such committee shall have the authority of the Board of Directors in reference to amending,altering,or repealing these Bylaws,electing,appointing,or removing any member of any such committee or any director or officer of the corporation, amending the Articles of Incorporation, adopting a plan of merger or adopting a plan of consolidation with another corporation;authorizing the sale,lease,or exchange of all or substantially all of the property and assets of the corporation other than in the ordinary course of business;authorizing the voluntary dissolution of the corporation or adopting a plan for the distribution of the assets of the corporation, or amending, altering,or repealing any resolution of the Board of Directors which by its terms provides that it shall not be amended,altered,or repealed by such committee. All committees so appointed shall keep regular minutes of the transactions of their meetings and shall cause them to be recorded in books kept for that purpose in the office of the corporation The designation of any such committee and the delegation of authority thereto,shall not relieve the Board of Directors,or any member thereof,of any responsibility imposed by law V.11 Remuneration No stated salary shall be paid directors,as such,for their service,but by resolution of the Board of Directors,a fixed sum and expenses of attendance, if any,may be allowed for attendance at each regular or special meeting of such Board,provided, that nothing herein contained shall be construed to preclude any director from serving the corporation in any other capacity and receiving compensation therefor Members of special or standing committees may be allowed like compensation for attending committee meetings V.12 Loans. No loans shall be made by the corporation to any director. V 13 Removal Any director may be removed at any time,with or without cause,by the affirmative vote of two-thirds (2/3) of the votes cast by members having voting rights with regard to the election of any director represented in person or by proxy at a meeting of members at which a quorum is present. V 14 Action by Directors without a Meeting Any action required or penrutted to be taken at a meeting of the directors,or of a committee thereof,may be taken without a meeting by a written consent setting forth the action so to be taken, signed by all of the directors, or all of the members of the committee, as the case may be, before such action is taken. Such consent shall have the same effect as a unanimous vote Any such action may also be ratified after it has been taken,either at a meeting of the directors or by unanimous wntien consent ARTICLE VI Officers V11 Designations. The officers of the corporation shall be a President,one or more Vice Presidents(one or more of whom may be Executive Vice Presidents),a Secretary and a Treasurer,and such Assistant Secretaries and Assistant Treasurers as the Board may designate All officers shall be elected for terms of one year by the Board of . Page 35 Directors. Such officers shall hold office until their successors are elected and qualify Any two or more offices may be held by the same person,except the offices of President and Secretary. V1.2 The President. The President shall preside at all meetings of the Board of Directors, shall have general supervision of the affairs of the corporation,and shall perform such other duties as are incident to the office or are properly required of the President by the Board of Directors. VL3 Vice Presidents. During the absence or disability of the President,the Executive Vice Presidents,if any,or any of the Vice Presidents in the order designated by the Board of Directors,shall exercise all the functions of the President. Each Vice President shall have such powers and discharge such duties as may be assigned to him or her from time to time by the Board of Directors VL4 Secretary and Assistant Secretaries. The Secretary shall issue notices for all meetings, except for notices of special meetings of the members and the Board of Directors which are called by the requisite number of directors,shall keep minutes of all meetings,shall have charge of the seal and the corporate books,and shall make such reports and perform such other duties as are incident to the office, or are properly required of the Secretary by the Board of Directors The Assistant Secretary,or Assistant Secretaries,in the order designated by the Board of Directors, shall perform all of the duties of the Secretary, and at other times may perform such duties as are directed by the President or the Board of Directors. VI The Treasurer The Treasurer shall have the custody of all monies and securities of the corporation and shall keep regular books of account. The Treasurer shall disburse the funds of the corporation in payment of the just demands against the corporation or as may be ordered by the Board of Directors(taking proper vouchers for such disbursements) and shall render to the Board of Directors from time to time as may be required, an account of all transactions undertaken as Treasurer and of the financial condition of the corporation. The Treasurer shall perform such other duties as are incident to the office or are properly required by the Board of Directors The Assistant Treasurer,or Assistant Treasurers, in the order designated by the Board of Directors,shall perform all of the duties of the Treasurer in the absence or disability of the Treasurer, and at other times may perform such other duties as are directed by the President or the Board of Directors. i76 Executive Director The Board may select an Executive Director who shall be responsible for the administration and conduct of the business and affairs of the corporation pursuant to guidelines established by the Board The Executive Director shall have full authority for direction of the employees of the corporation,if any The Executive Director,if selected,may be compensated for his or her services in that capacity in such amount and manner as the Board of Directors shall determine. VT Delegation. If any officer of the corporation is absent or unable to act and no other person is authorized to act in such officer's place by the provisions of these Bylaws, the Board of Directors may from time to time delegate the powers or duties of such officer to any other officer or any director or any other person it may select. VT Vacancies Vacancies in any office ansing from any cause maybe filled by the Board of Directors at any regular or special meeting of the Board H.9 Other Ofcers. The Board of Directors may appoint such other officers or agents as it shall deem necessary or expedient, who shall bold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board of Directors. H.10 Loans No loan shall be made by the corporation to any officer VI.11 Tenn -Removal The officers of the corporation shall hold office until their successors are chosen Page 36 . and quahfted Any officer or agent elected or appointed by the Board of Directors maybe removed at anytime,with or without cause,by the affirmative vote of a majority of the whole Board of Directors,but such removal shall be without prejudice to the contract nghts,if any,of the person so removed VI 11 Bonds The Board of Directors may,by resolution, require any and all of the officers to provide bonds to the corporation,with surety or sureties acceptable to the Board,conditioned for the faithful performance of the duties of their respective offices,and to comply with such other conditions as may from time to time be required by the Board of Directors. ARTICLE VII Depositories The monies of the corporation shall be deposited in the name of the corporation m such bank or banks or trust company or trust companies as the Board of Directors shall designate,and shall be drawn from such accounts only by check or other order for payment of money signed by such persons, and in such manner, as may be determined by resolution of the Board of Directors. ARTICLE VIII Notices Except as may otherwise be required by law, any notice to any member or director may be delivered personally or by marl. If mailed,the notice shall be deemed to have been delivered when deposited in the United States marl,addressed to the addressee at his or her last known address in the records of the corporation,postage prepaid ARTICLE LK Seal The corporate seal of the corporation, if any, shall be in such fort and bear such inscription as may be adopted by resolution of the Board of Directors,or by usage of the officers on behalf of the corporation ARTICLE X Indemnification of Officers,Directors,Employees,and Agents The corporation shall indemnify its officers,directors,employees,and agents to the greatest extent permitted by law. The corporation shall have power to purchase and maintain insurance on behalf of any person who is or was a director,officer,employee or agent of the corporation or who is or was serving at the request of the corporation as an officer, employee, or agent of another corporation, partnership, joint venture, trust, other enterprise, or employee benefit plan, against any liability asserted against such person and incurred by such person in any such capacity or ansmg out of any status as such,whether or not the corporation would have the power to indemnify such person against such liability under the provisions of this Article Page 37 ARTICLE XI Books and Records The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its Board of Directors; and shall keep at its registered office or principal place of business,or at the office of its transfer agent or registrar,a record of its directors,giving the names and addresses of all directors ARTICLE XII Amendments The Board of Directors shall have power to make,alter,amend, and repeal the Bylaws of this corporation; provided, that the Board will not approve any such alteration,amendment,or repeal that would adversely impact the rights of any class of members unless such alteration,amendment,or repeal shall first have received the approval of two-thirds (2/3)of the members of such class, and further provided that AMC and the City shall have the nght to approve any such amendments to these Bylaws as set forth in Section 3 of the Declaration. Adopted by resolution of the corporation's Board of Directors on 200_ Secretary Page 38 0 ARTICLES OF INCORPORATION Of KENT STATION OWNERS'ASSOCIATION The undersigned, acting as incorporator of a corporation under the Washington Nonprofit Corporation Act,adopts the following Articles of Incorporation for the corporation. ARTICLE 1. NAME The name of this corporation shall be "Kent Station Owners'Association." ARTICLE 2. DURATION The duration of this corporation shall be perpetual. ARTICLE 3. PURPOSES The purposes for which the corporation is organized are to provide an entity for the creation of an Architectural Control Committee for the Kent Station, a mixed use center located in Kent, King County, Washington, and to engage in all such activities as are incidental or conducive to the attainment of the objectives of the corporation and all activities which are permitted to be done by a nonprofit corporation under any laws that may now or hereafter be applicable or available to this corporation. The powers of this corporation shall be subject to and exercised in accordance with the provisions of the Declaration and Covenants, Conditions, Restrictions and Reservations (the "Declaration"), which is filed with the Division of Records and Electrons of King County,Washington,under Recording No. as it may from time to time be amended. ARTICLE 4. DISSOLUTION On dissolution or final liquidation of the corporation,the assets of the corporation shall be distributed among the members of the corporation in accordance with the Declaration. ARTICLE 5. MEMBERS The corporation shall have one class of members, which shall consist of the Owners of certain real property described in Exhibit"A." Page 39 ARTICLE 6. REGISTERED OFFICE AND AGENT The address of the initial registered office of this corporation is 999 Third Avenue, Suite 1900, Seattle, Washington 98104, and the name of its initial registered agent at such address is Anne DeVoe Lawler. ARTICLE 7. DIRECTORS The number of directors of this corporation shall be fixed by the Bylaws and may be increased or decreased from time to time rn the manner specified therein. The initial Board of Directors shall consist of one (1) director. The name and address of the person who shall serve as the director until the first meeting of the members and until their successors are elected and qualified unless they resign or are removed is: ARTICLE 8. LIMITATION OF DIRECTORS'LIABILITY No director shall have liability to the corporation or its members for monetary damages for conduct as a director, except for acts or omissions that involve intentional misconduct by the director, or a knowing violation of law by the director, or for any transaction from which the director will personally receive a benefit in money,property or services to which the director is not legally entitled. If the Washington Nonprofit Corporation Act is hereafter amended to authorize corporate action further eliminating or limiting the personal liability of directors,then the liability of the directors shall be eliminated or limited to the full extent permitted by the Washington Nonprofit Corporation Act, as so amended. Any repeal or modification of this Article shall not adversely affect any right of protection of any director of the corporation existing at the time of such repeal or modification for or with respect to any act or omission of such director occurring prior to such repeal or modification. Page 40 ARTICLE 9. INDEMNIFICATION To the full extent permitted by the Washington Nonprofit Corporation Act,each member of the board of directors, each member of a corporation committee,each officer of the corporation,the Developer who filed the Declaration and the managing agent of this corporation shall be indemnified by the corporation against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be a party or in which he or she may become involved by reason or holding or having held such position, or any settlement thereof, whether or not he or she holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such person is adjudged guilty of willful misfeasance in the performance of his duties;provided that,in the event of a settlement,the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being for the best interests of the corporation. Nothing herein shall, however,be deemed to obligate the corporation to indemnify any owner of a Unit under the Declaration who is or has been a Board member or officer of the corporation with respect to any duties or obligations assumed or liabilities incurred by such owner under and by virtue of the Declaration as an owner of a Unit covered thereby. ARTICLE 10. INCORPORATOR The name and address of the incorporator is: Anne DeVoe Lawler 999 Third Avenue, Suite 1900 Seattle,Washington 98104 Executed in duplicate on 200_ Anne DeVoe Lawler,Incorporator Page 41 CONSENT TO SERVE AS REGISTERED AGENT The undersigned ("Agent"), hereby consents to serve as Registered Agent, in the State of Washington, for the following corporation: Kent Station Owners' Association. Agent understands that as agent for said corporation, she will be responsible to receive service of process in the name of said corporation; to forward all mail to said corporation; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of Kent Station Owners Association. Date: ,200_ Anne DeVoe Lawler Address: 999 Third Ave.,Suite 1900 Seattle, WA 98104 Page 42 Kent City Council Meeting Date April 20, 2004 Category Other Business 1. SUBJECT: KENT STATION PURCHASE AND SALE AGREEMENT AMENDMENT—AUTHORIZE 2. SUMMARY STATEMENT: The Kent Station Purchase and Sale Agreement provides that if Sound Transit ever charges for non-transit parkers in the Sounder garage after 12 noon during the term of the cinema lease, the City must provide an alternative, as shown in the April 14th memo to the Operations Committee. The City proposes amending the Kent Station Purchase and Sale Agreement to change the boundaries of the area in which the City can provide replacement parking by excluding the Municipal Lot Block. • 3. EXHIBITS: Operations Committee memo 4/14/04; AMC letter; PAO map; and Addendum One to Real Estate Purchase and Sale Agreement 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? None Revenue? None Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember GAIVht moves, Councilmember 4/Z/'W?7-- seconds to approve and authorize the Mayor to sign the amendment to the Kent Station Purchase and Salekeement to change the boundaries of the replacement parking area. DISCUSSION: N,(AAk ,OQ.I& ke4d S401 D77i ID -7A 1WEVt2A & ACTION: 0 - KP W W df6, 4tA mvn Council Agenda Item No. 7B *" OFFICE OF THE MAYOR Jim White, Mayor Phone 253-856-5700 Fax 253-856-6700 K EN T Address 220 Fourth Avenue S WASH I N O T ON Kent,WA 98032-5895 DATE: April 14, 2004 TO: Kent City Council Operations Committee FROM: Nathan Torgelson, Economic Development Manager THROUGH. Mayor Jim White SUBJECT: Amendment to Kent Station Purchase and Sale Agreement MOTION: I move to recommend/not recommend an amendment to the Kent Station purchase and sale agreement to change the boundary of the replacement parking area SUMMARY: The Kent Station Purchase and Sale Agreement states that if Sound Transit ever charges for non-transit parkers in the Sounder garage after 12 noon during the cinema lease term, • the City must: • develop a voucher system where the City would be responsible for all parking fees to cinema patrons OR • provide an equal number of public parking spaces within or adjacent to the Planned Action Ordinance area(see Attachment 2, map), which includes the Kent Station site and the Municipal Lot Block. We are proposing to amend the Kent Station Purchase and Sale Agreement to change the boundaries of the area in which the City can provide replacement parking. Kent Station LLC continues to make progress in their lease negotiations with AMC Theaters, one of the anchors for Phase I of the Kent Station project. Only one issue remains in the negotiations, an issue that AMC says (see Attachment 1, March 30, 2004, AMC letter) cannot be resolved without an amendment to the Kent Station Purchase and Sale Agreement AMC states that the Municipal Lot Block is not an acceptable location for replacement parking in the event that the City must provide public parking. AMC views Smith Street, a 5 lane arterial, as a significant barrier in the event that their patrons have to park south of this street We are proposing to amend the purchase and sale agreement to state that the replacement parking would have to be provided within the Planned Action Ordinance area, excluding the Municipal Lot Block. Kent Council Operations Committee 1 Kent Station PSA Amendment Apnl 6,2004 03-30-04 16:41 FROM—TARRAGON ZOU33u250 1-aa5 r UUUd t-bUJ 41M0a ATTACHMENT � AMC REAMAIN TY.ST we 920 AWN STFFtT KANSA5 CITY ND 641G5 T.$14 221 4004 March 30,2004 Mr. Dennis L.Rattie Kent Station,LLC 1000 Second Avenue,Suite 3200 Seattle,WA 98104 RE: Kent Station Dear Dennis: We have reviewed the Purchase Agreement and Development Agreement you have entered into with the city. We have provided your counsel with comments to the declaration which we believe will address our concerns regarding these documents; however, one issue that cannot be resolved is the method under which alternate parking would be provided in the event Sound Transit exercises its rights to institute parking changes for the Sound Transit Garage The proposed method(s) for guaranteeing free parking should Sound Transit exercise their rights as outlined in the Purchase and Sale Agreement dated January 20, 2004, contemplates two general scenarios. The first alternative is where the City of Kent would initiate a`voucher"system as a means for ensuring that our patrons avoid any charges for parking. So long as the voucher system is implemented with state of the art parking equipment and all exits and entrances to the garage cue properly, the voucher system would be acceptable to us, provided (i) customers receive a reasonable amount of free parking, and (ii) after 7:00 pm,the gates remain in a raised position (Le., free parking after 7:00 p.m). The second alternative for the City calls for replacement parking to be constructed within an area that includes property not included within the Kent Station project. Specifically this would include an area that is across Smith Street, a five(5)lane arterial street. Please be advised that we view this factor to be a significant detriment to our ability to provide a quality movie attendance experience and could potentially cause irreparable harm to our operations. As such, we are very uncomfortable continuing forward with negotiations of the remaining business matters until such time as it is agreed upon that this is not a viable alternative Per our discussions, you have indicated two (2) potential areas for replacement parking that could conceivably be provided. Both would involve the construction of a panting structure (which is acceptable)with one be,ng outside the existin8 Kent Station proporry and the Second located in an area, fag where parking is being provided for the first phase. More specifically these areas would be described`� 0 ��. Mr.Dennis L.Rattie March 30,2004 Page 2 as that property on the corner of Fourth Avenue North and Smith Street (where an existing Bank of America branch location exists) and/or an area to the west of the proposed Green River Community College facility. As we have consistently indicated, under no circumstance shall cinema patrons be required to pay for parking during the term of our lease or extensions thereof Please note that should the City elect to construct replacement parking as a means for satisfying their obligation(s), it would likely require an interim voucher system be in existence during any period where free parking was unavailable (i.e. during any overlap of time where the Sound Transit garage is no longer free and the replacement parking is being constructed). If during construction of the replacement parking facaliry you are not able to satisfy the parking requirements in the lease,our remedies for this default would prevail. In conclusion,please consider this our formal notice of the following: 1. We are accepting, subject to our reasonable approval, a potential voucher system so long as our theatre patrons are not exposed to any cost for parking or that they be free from experiencing undue delays in the arrival of or departure from a parking structure. 2. We are hereby roj acting the potential for replacement parking that would be constructed south of Smith Street which would require theatre patrons to be separated from the parking area and the theatre entrance by a five(5) lane arterial. Note that this would apply to any area north of James Street as well, if applicable. 3. We are accepting, subject to reasonable design approval, replacement parking that could be constructed on the corner of Fourth Avenue Borth and Smith Street, or in that area that sits between the proposed Green Fiver Community College building and the future multi-family housing project as depicted on the current site plan. Hopefully, you understand our concerns and we can work towards an amicable resolution to this matter in the very near future which will allow us to resume our lease negotiations towards a mutually acceptable agreement. Please feel free to contact me with questions or comments. Sinter AMC,Real ,Inc. \Tom Hudak Vice President I �a rT,G C H ly� r rr Z [ o as U a+ u o �it rev o , w •L ;,� c � < CU III I, z!1 v c c N O •� Y rcc . ++ O ILD Ei I .� ..r o- am L.. o a L lid ILL- �--� 0 � x q ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS ADDENDUM ONE between the CITY OF KENT ("City") and KENT STATION, L.L.C., ("Developer) amends that certain Real Estate Purchase and Sale Agreement entered into between the City and Developer on January 20, 2004 (the"Agreement"). City and Developer agree and covenant as follows: 1. Appraisal Process. Paragraph 3.1.2 2 of the Agreement, entitled "Appraisal Process,"is amended as follows• 3.1.2.2 Appraisal Process. Each party shall select an MAI appraiser with at least five (5) years of experience in appraising commercial and retail properties in the South Puget Sound area. Each party shall give written notice of its selection of an appraiser to the other party within ten (10) days after the parties reach an impasse on negotiating the Remainder Property Purchase Parcel Price, or the end of fifteen (15) day period referred to in Section 3.1.2.1 above, whichever first occurs. The two appraisers shall then select a third appraiser, who shall be an independent MAI appraiser who has not previously been employed by City, Developer, any member of Developer or any affiliate of any of them, and with the same general qualifications as the first two appraisers (except as otherwise agreed to between the parties), which selection shall be made within ten (10) days after the end of the applicable ten (10) or fifteen (15) day period referred to in the preceding sentence The three appraisers shall each independently determine the Remainder Property Purchase Parcel Price within thirty (30) days of the appointment of the third appraiser In determining "fair market value", the parties and the appraiser(s) will consider, among other factors, site conditions and then market conditions/comparables as well as the entitlements and constraints associated with the PAO, the MPD and the Development Agreement; however, regarding the Replacement Parking Facility addressed in Section 17 14, the parties and appraiser(s) will not consider anv diminution in value attributed to the proposed construction or existence of the Replacement Parking Facility, but will consider any increase in value attributed to the actual construction or existence of the Replacement Parking Facili . The appraisers shall arrange for a simultaneous exchange of their determination of the Remainder Property Purchase Parcel Price to all three appraisers. The appraisers shall thereupon meet and attempt to resolve any discrepancy among the three appraisals, but in the event the appraisers have not reached agreement on the Remainder Property Purchase Parcel Price within ten (10) days thereafter, the third appraiser shall proceed to determine the Remainder Property Purchase Parcel Price. The third appraiser may select either purchase price proposed by the first two appraisers, or any modification of either or may select its own determination, or any modification thereof, as the Remainder Property Purchase Parcel Price. The decision of the third appraiser shall be binding on Developer and the City Each party ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT-1 (Apnl 14, 2004) shall pay the costs and expenses of the appraiser selected by that party, and shall split equally the costs and fees of the third appraiser 2. Sound Transit Parking Fees. Paragraph 17.14 of the Agreement, entitled "Sound Transit Parking Fees," is amended as follows- 17 14 Sound Transit Parking Fees. if at any time within the G!ReFRa upon whiGh the City deGides te- -;4Rd- dees Make alter-Rate free paFk'Rg ibility fQF all pai:kinq fees GhaFged by Sound Transit to nine a Pa R If Sound Transit commences charging non-transit riders for parking after 12,00 noon in the Sound Transit Parking Garage at any time within 40 years from the Initial Takedown Parcel closing date, the City will provide a voucher system to allow cinema patrons up to three and one-half hours of free parking in the Sound Transit Parking Garage. In the alternative, and at the City's sole option. the City may provide an equal number of public parking spaces, not to exceed 680 spaces, within the boundaries of the PAO south of James Street and north of Smith Street (the "Replacement Parking Facility" of "RPF") which will also allow cinema patrons up to three and one-half hours of free parking Under this circumstance, the City will provide a voucher system until such time as the RPF is open. 17.14.1 If the City elects to construct a Replacement Parking Facility, the Developer will provide the City developable land in an amount sufficient to construct the Replacement Parking Facility in the location, of the size, and in the configuration designated by example on Exhibit A (the "RPF Land"), which is attached and incorporated to this Addendum. The design and final location and configuration of the RPF shall be mutually determined by the Developer and City, both exercising good faith and reasonableness, and otherwise subject to applicable laws, rules and ordinances. The Developer will provide the City fee title to the RPF Land free of charge by Statutory Warranty Deed, free and clear of all liens and encumbrances (other than real propertv taxes and assessments not vet due and payable), and will further indemnify the City from or take the necessary steps to insure that any Hazardous Substances, wastes or contaminants, placed in, on, about, within or under the Property or any subsurface strata or groundwater occurring on the RPF Land after the date Developer purchased it from the City shall be removed or ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT-2 (Apnl 14, 2004) remediated to the extent necessary to facilitate the construction of the RPF Additionally the Developer will provide the City with all access, utility, and temporary construction easements required by the City to construct and provide the Replacement Parking Facility If the RPF Land contains existing surface parking stalls the City will also provide an equal number of parking spaces to replace those existing surface parking stalls (the "Replacement Stalls") until such time as the RPF is open The City will provide Replacement Stalls either (a) at a location on the Real Property (if it is undeveloped) reasonably acceptable to the Developer, or(b) elsewhere within or adjacent to the boundaries of the PAO Finally, if the Developer does not transfer the RPF Land and easements to the City within ninety (90) days of the date that Sound Transit commences charging non-transit riders for parking after 12*00 noon in the Sound Transit Parking Garage, then the City's obligations under this section 17 14 will automatically terminate and be of no further force or effect At closing, a covenant or other deed restriction will be recorded against the Parcel or Parcels shown in Exhibit A requiring that the Developer or any subsequent owner must provide the City fee title to the RPF Land free of charge if the City constructs a RPF pursuant to this Section 17 14 2 In addition to the City's termination rights established in section 17.14 1, Tthe City's responsibility to provide a voucher system or the Replacement Parking Facility �P' forth ;;bnve shall automatically terminate upon the earlier of. (a) the termination of the cinema tenant lease in accordance with its terms, whether upon expiration of the term thereof, as a result of a default thereunder by tenant or otherwise, unless Developer leases the cinema to another cinema operator within 365 days from the termination of the earlier cinema lease, or (b)the cinema tenant ceases to operate at least a 2000 seat multiplex theatre on the Initial Takedown Parcel or is not open for business as at least a 2000 seat multiplex theatre for a period of more than 365 days (other than by reasons of Force Majeure) 17 14.3 If the City provides alternate fFee parking pursuant to this Section 17.14, then in such event, Developer's obligation to pay for the operation and maintenance costs of the Sound Transit Parking Garage shall cease, and the Developer shall be responsible for paying the operations and maintenance costs of the Replacement Parking Facility lesat+eR. In addition, if at any time Developer believes that the operation and maintenance costs charged by Sound Transit for the Sound Transit Garage are unreasonable, Developer shall so inform the City and the City agrees to make good faith efforts to pursue the unreasonableness of the charges with Sound Transit to seek a reimbursement of the unreasonable fees 3. Entire Agreement Except as amended by this addendum, all provisions of the Agreement shall remain in full force and effect except as specifically modified by this Addendum One. ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT-3 (Apn1 14, 2004) 4. Counterparts. This Addendum One may be executed by counterparts and be valid as if each authorized representative had signed the original document. IN WITNESS WHEREOF, the parties hereto have executed this Addendum One, which shall take effect on the last date signed below. CITY: DEVELOPER: City of Kent Kent Station, L.L.0 By By: Print Name* Jim White Print Name. Joseph D Blattner Its: Mayor Its- Manager Date- Date: Approved as to Form- By. Print Name- Tom Brubaker Its. City Attorney Date. vr..x'ESKbw�ramw[os.ma...avemiuws`.as ADDENDUM ONE TO REAL ESTATE PURCHASE AND SALE AGREEMENT-4 (ApM 14, 2004) ExHI9IT A Q CALLISON --------_--_ ___---__---5----� --------------- _ wy � � I I l y l - III :.y I I II I Ii II _1 I I I 1 1 1 11 I lyl -1.1- I of I I ; i I II f}t I fit I I I i I--I--��I_I I 1--I—I -I-_I-- I � 'i i i -•- I I I r-- i� i- ff II ° I III I -J.-Iw I--1 -I-G«I-'I-'k-F I\ '•,,(,� I 41 I IIII 1 1`•1 -' \ '� I I I I I I'll i II,I I -- its Via_—_ nYrm.c.nm* I I Ijl I -- +I+ih II IIII, '----------- ------ it'll I III \ I I I I -'g_---------------�nnr+nm=--- ---- '—'1---------- --- --------- ------- ---- ------ — — pumut -- -- - � - -- n so• ,oc too �K STATION SITE PLAN K.ol of W,.ningtl„y,.m 01 TARRAGON 2D•O4B N.rpp 1 2004 RETALL � / B�Ar �\�• \ I / t ' '\ \ \ I / t Istccv ROP�OF UrPOEM 1 .2 t[ett I 1 -_ — -I RETAIL i • - I '1t1A � 1 � I16.1K 6� I —_ — - - i I I • —STRUCTURE _ — _—_ FTICE/' _ EVEL) loptcc STAL A.7K 3 I I r IIIIIIII ',.TK sF l I I RETAW 1.2K SE L - - - - -------- ----- --- ------ T - --- � -- -I- I d IOFFICFJI ( 'RETAIL 'ORCC I 1610 �(ALEVE�SL 63.2K 61 _i —_�•___ , IIIIIIII I I I � ; I I I I I I I 1 I � i ---------------------i I ss STALLS �I To reduce potential parking related costs to the City and to enhance the value of the Kent Station property that the City currently owns, we have negotiated the additional features to the proposed amendment: • An appraiser will not consider any decrease in value to the Kent Station property attributed to the potential for or existing of a parking structure within the Kent Station property,but will consider any increases in value if the structure exists • The City would provide replacement parking for up to 680 spaces, not 870 as is possible under the existing purchase and sale agreement. • The City would provide free parking or a voucher for cinema patrons up to 3 1/2 hours. No hour limits are stated in the existing purchase and sale agreement • If we need to acquire land from Kent Station LLC to provide the replacement parking, Kent Station LLC will provide the City fee title to the land free of charge. This is not stipulated in the existing purchase and sale agreement. We believe that it is unlikely that Sound Transit will charge non-transit commuters for parking in the Sounder garage There are limited circumstances in which Sound Transit reserves the right to charge for parking after 12 noon in the Sounder garage,per the City-Sound Transit agreement. • The City charges for parking on any of its streets, surface parking lots or parking structures • Any other parking structure, garage or surface parking lot within the Planning Action • Ordinance area charges for parking • Sound Transit adopts a system-wide policy to charge for parking in all of its parking structures • It is determined that the County's transit customers do not have use of 191 parking stalls on any day before 9pm (King County financed an additional 191 parking stalls in the garage to be used by bus commuters driving and parking to the garage) If Sound Transit does charge for parking, the City would first consider a voucher system, which would not require the construction of a surface parking or structured parking facility BUDGET IMPACT: Beyond the existing purchase and sale agreement, there are no additional budget impacts except that the Municipal Lot Block, about 60 percent of which the City owns, would not be available for a replacement parking facility. We look forward to talking with you about this proposed amendment at your April 20, 2004, committee meeting If we may answer any questions prior to the meeting, please call Nathan Torgelson at 856-5703. . Kent Council Operations Committee 2 Kent Station PSA Amendment April 6,2004 Kent City Council Meeting Date April 20, 2004 Category Bids 1. SUBJECT: 118TH AVENUE SE WATER MAIN CONNECTION PROJECT— AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on April 1, 2004, with 13 bids received. The low bid was submitted by Archer Construction in the amount of$391,025.13. The Engineer's estimate was $534,538.20. I 3. EXHIBITS: Public Works Director's memorandum 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember �j��p. moves, Councilmember ►uM seconds to award the 118`h Ave. S.E. Water Main Connection contract to Archer Construction in the amount of$391,025.13. DISCUSSION: 1'Yl C ACTION: Council Agenda Item No. 8A PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director Phone 253-856-5500 Fax 253-856-6500 KEN T Address 220 Fourth Avenue S WAS HI NGTON - Kent,WA 98032-5895 Memorandum DATE- April 2, 2004 TO- Mayor White and Kent City Council FROM Don Wickstrom, Public Works Director RE 118`h Ave S E Water Main Connection Bid opening for this project was held on April 1, 2004 with 13 bids received The low bid was subirutted by Archer Construction, Inc in the amount of S391,025 13 The Engineer's estimate was $534,538 20 The Public Works Director recommends awarding this contract to Archer Construction,Inc • Bid Summary Archer Construction, Inc $391,025 13 Pivetta Brothers Const, Inc $420,331 03 Buno Construction, LLC $448,345 77 Westwater Construction Co $456,725 53 Kar-Vel Construction $462,227 01 Wagner Development, Inc $464,661 41 Amencon, Inc. $467,443 79 Laser Underground & Earthworks $473,781.02 Evergreen Utility Contractors $481,854 52 Frontier Construction $486,081 41 Road Construction Northwest, Inc. $497,334 04 VLS Construction Co., Inc. S525,067.71 Construct Co , LLC $527,703 10 Engineer's Estimate $534,538 20 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES PUBLIC WORKS COMMITTEE MINUTES March 1, 2004 COMMITTEE MEMBERS PRESENT. Chair Bruce White ,Ron Harmon, Debbie Raplee The meeting was called to order by Committee Chair Bruce White at 5:05 P M. Approval of Minutes of December 1,2003 Committee Member Ron Harmon moved to approve the minutes of February 2, 2003 The motion was seconded by Committee member Debbie Raplee and passed 3-0 Tom Brubaker, City of Kent Attorney asked Council members to add an informational item about LID 353 LID 353 Tom Brubaker, City of Kent Attorney gave a brief description of the LID process and introduced outside legal council Wayne Tanaka from the firm Ogden Murphy Wallace Mr Tanaka gave a description of what the committee members could expect at the LID hearing. If approached by public wanting to discuss the LID prior to the hearing Mr Tanaka advised committee members that they can only consider information that is presented at the LID hearing Mr. Tanaka also stated that there would be no time limit for those wanting to present evidence at the hearing Coordinated Prevention Grant Bill Wolinski,Environmental Engineering Manager stated that the Department of Ecology Coordinated Prevention Grant for 2004-2005 in the amount of$82,917 would be used to utilize different technologies including selling ram barrels, composting bins and kitchen waste composting cabinets at reduced prices to the public Debbie Raplee moved to recommend the Council authorize the Mayor to sign the Department of Ecology Coordinated Prevention Grant for the years 2004-2005 in the amount of$82,971, direct staff to accept the grant and establish a budget for the funds to be spent within said project. The motion was seconded by Ron Harmon and passed 3-0. Pacific Highway HOV Lanes Agreement with Metro Transit for Bus Shelter Pads Public Works Director Don Wickstrom said that this agreement between the City of Kent and King County Metro Transit is for right-of-way acquisition and the construction of concrete shelter pads, litter receptacle pads and retaining walls at twelve of Metro's bus stops along Pacific Highway South Mark Howlett,Project Engineering Manager said this agreement would be for the City to widen the sidewalks and construct the concrete pads for shelters Metro will put the shelters on the pads and will own and maintain everything behind the sidewalks Ron Harmon moved to recommend authorizing the Mayor to sign the agreement for right-of-way acquisition and construction of the bus shelter pads, authorize staff to accept the funds and establish a budget for the funds to be spent within said road 2 improvement project. All subject to the final modification of the City Attorney and Public Works Director. The motion was seconded by Debbie Raplee and passed 3-0. 94"Ave S & S 248" Sanitary Sewer Installation Charge in Lieu of Assessment Public Works Director Don Wickstrom the City funded the construction of a sanitary sewer on a portion of 94`h Ave S and S 248`h Street,when and if the 5 properties as shown on the map connect the charge will be approximately $10,000 cash. Property owners will receive notice of this charge in lieu of assessment. Debbie Raplee moved to recommend authorizing the Engineering Department to establish a charge in lieu of assessment for sanitary sewer connection for the affected properties as shown on the attached map. The motion was seconded by Ron Harmon and passed 3-0. BNSF Indefinite Term Lease for Land Agreement Public Works Director Don Wickstrom said the City has negotiated a new lease with BNSF Railroad for continued use of a public alley between Gowe Street and Titus Street The previous 1954 agreement was canceled due to access constraints and safety concerns when the Railroad upgrades track crossings for higher speed trains. The City will need to place a guardrail from Gowe St. to Titus and access to the alley will be from only Titus St. City staff have been working with property owners regarding their concerns. Ron Harmon moved to recommend authorizing the Mayor to sign the Indefinite Term Lease for Land Agreement with the Burlington Northern and Santa Fe Railway Company subject to the Public Works Director's and the City Attorney's concurrence of the language therein. The motion was seconded by Debbie Raplee and passed 3-0. PSE Agreement for S 228`" St. Underground Power Conversion Tim LaPorte, Engineering Design Manager stated that as part of the S 228,' Street project, overhead utilities need to convert to underground in accordance with City ordinance The cost split for the project is 60/40 of which the City's share is approximately$40,000. Debbie Raplee moved to recommend authorizing the Mayor to sign the Puget Sound Energy Construction Agreement upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Ron Harmon and passed 3-0. Right of Way Quit Claim Deed for S 228'h Public Works Director Don Wickstrom said that relocation of private and quasi private utilities have become a major problem with respect to controlling costs and time per implementing any Capital Improvement project This quitclaim deed will separate out the public right of way restricting utilities to said right-of-way. This will hopefully save the City time and money in the future. Ron Harmon moved to recommend authorization for the Mayor to execute Quit Claim Deed subject to the City Attorney and Public Works Director's concurrence 3 of the language therein. The motion was seconded by Debbie Raplee and passed 3- 0. Washington Conservation Corps Sponsor Agreement Environmental Engineering Manager Bill Wohnski said the agreement will provide a three member crew and a supervisor to participate in the construction of various capital improvement projects in the Environmental Engineering Section Wohnski said this is a great program employing youth between the ages of 18-25 who help to perform various projects to conserve and enhance natural resources. Ron Harmon moved to recommend authorizing the Mayor to sign the Washington Conservation Corps Sponsor Agreement,in the amount of$69,616, directing the staff to pay said expenses out of various capital improvement projects. The motion was seconded by Debbie Raplee and passed 3-0. Interagency Agreement with King County Metro for Construction of Pioneer St. Improvements Public Works Director Don Wickstrom said this agreement with King County Metro will provide $300,000 for the City to widen Pioneer Ave to 36 feet between Central Ave. and Railroad Ave. allowing transit to maneuver through the street. Debbie Raplee moved to recommend Council authorize the Mayor to sign the interagency agreement between the City of Kent and King County upon concurrence of the language therein by the City Attorney and Public Works Director,authorize staff to accept the money and establish a budget for funds to be spent within said project. The motion was seconded by Ron Harmon and passed 3- 0. ADDED ITEM 74`h & Willis Street Stoplight Update Council Member Ron Harmon asked to have an update on the stop lights at 74`h and Willis Street added to the agenda. Steve Mullen, Transportation Manager said the three way signal has been on hold pending the Railroad installation of additional equipment The work began on February 2°d and should be complete in approximately six weeks The meeting adjourned at 6.09 P M Janet Perschek Administrative Assistant Operations Committee Minutes March 16, 2004 Committee Members Present: Chair Tim Clark, Bruce White Committee Member Julie Peterson was absent, however, previously concurred on the agenda items. The meeting was called to order by Tim Clark, Chair at 4.02 p.m . APPROVAL OF MINUTES OF MARCH 2. 2004 Bruce White moved to approve the minutes of the March 2, 2004, Operations Committee meeting. The motion was seconded by Tim Clark and passed 3-0. APPROVAL OF VOUCHERS DATED MARCH 15, 2004 Finance Director Bob Nachl roger presented the vouchers for March 15, 2004, for approval. Bruce White moved to approve the vouchers dated March 15, 2004. Tom Clark seconded the motion, which passed 3-0. LODGING TAX ADVISORY BOARD MEMBER REAPPOINTMENT Economic Development Manager Nathan Torgelson advised that the City of Kent's Lodging Tax Advisory Board recommended that Vickie Molzer, General Manager of the Hawthorne Suites in Kent at 6329 South 212'h Street (across from the Boeing Space Center) be reappointed to an additional 3- year term on the Board. Ms. Molzer has been at the Hawthorne Suites for 5 years and general manager for 3'/z of those 5 years Bruce White moved to recommend/not recommend approval of Vickie Molzer for an additional 3-year term on the City of Kent Lodging Tax Advisory Board. . The motion was seconded by Tim Clark and passed 3-0. RECOGNITION OF VIETNAMESE HERITAGE FLAG Assistant Chief Administrative Officer Dena Laurent advised that the City of Kent has been requested to adopt a resolution recognizing the flag of the former Republic of Vietnam as a heritage flag of the Vietnamese-American community Ms. Laurent introduced the requesting party to attend the Operations Committee, as well as having attached several news articles which report some viewpoints from the Vietnamese-American community. Bao Bui addressed the Committee on behalf of the Vietnamese-American community A copy of Mr. Bui's comments were provided to the Committee. Mr. Bui stated that the Committee Honoring the Vietnamese Nationalist Flag of Washington would like to the yellow Flag with three (3) red strips in an appropriate location in Kent. Tom Clark inquired as what Mr. Bui considered an appropriate location and when would the flag by flown in Kent. Mr. Bui responded the yellow with 3 red strips flag would Operations Committee, 3/16/2004 be flown at various multi-cultural events, New Years and the 4`h of July Bruce White inquired whether the City of Kent has ever flown either of the Vietnamese flags in Kent Mr. Bw stated that the U.S. Post Office has current flag and the Vietnamese-American community embraces current flag as freedom. Mr. Bui stated that Washington state has 78,000 Vietnamese immigrants Dena Laurent advised that what is to be considered as an appropriate location would likely be determined by the Mayor's Office such as during Sister-City events, international festivals held in Kent, during Kent School District multi-national celebrations. Bruce White asked whether passage of a resolution would obligate the Kent School District to fly this flag Bruce White requested that the Operations Committee hold this item for further review and discussion at the April 6, 2004, Operations Committee meeting. Tim Clark agreed and this item was tabled to April 6, 2004. INDUSTRIAL AIR SYSTEMS CONTRACT—PROCUREMENT WAIVER Facilities Superintendent Charlie Lindsey advised that the Fire Department has done extensive research concerning exhaust ventilation systems and after a detailed evaluation of exhaust extraction systems, Plymovent vehicle exhaust ventilation systems incorporates the necessary features that the City requires for installation at the Fire Stations 73 and 75 Currently, the Plymovent system is in use at Fire Stations 71 and 74 These systems were installed in 1999 and have performed flawlessly The Plymovent system is the only system that has an airtight seal around the engine exhaust pipe, thus minimizing the amount of diesel exhaust fumes in the Fire Station Bays. Furthermore, the Plymovent system's airtight seal, allows for engine pump tests to be performed within the bys of the stations. Additionally, by installing the Plymovent System the City would be able to standardize the systems thereby greatly assisting in the maintenance of the systems The Plymovent Systems are installed by Industrial Air Systems, Inc Industrial Air Systems Inc is the sole authorized representative to sell and install Plymovent Exhaust Systems for the West Coast Therefore, because the Plymovent Exhaust Systems are limited to a single source and are the only exhaust systems that incorporate the features most desired by the City, Facilities Management is requesting a waiver of the City's procurement policy and authorization to enter into a contract with Industrial Air Systems Inc for the purchase and installation of the Plymovent Vehicle Exhaust System for the City's Fire Stations, as well as provide for employee safety Mr Lindsey advised that the current system does not remove 100% of the exhaust fumes. Bruce White moved to recommend that the Kent City Council authorize the Mayor to enter into a contract with Industrial Air Systems Inc. for the purchase and installation of the Plymovent Vehicle Exhaust System for the City's Fire Stations Nos. 73 and 75. The motion was seconded by Tim Clark and passed 3-0. The meeting was adjourned at 4 18 p m Renee Cameron Operations Committee Secretary 2 CONTINUED COMMUNICATIONS �,�b i P � P � A. � i rNn � � � EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION A)