HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 08/02/2005 AG EN DA ,---
City of Kent
City Council Meeting
Agenda
August 2, 2005
Mayor Jim White
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
j Julie Peterson Bruce White
KEN
WASHINGTON
City Clerk's Office
KENT CITY COUNCIL AGENDAS
KEN T August 2, 2005
WASHINGTON Council Chambers
MAYOR- Jim White COUNCILMEMBERS: Deborah Ranniger, President
Tim Clark Ron Harmon Julie Peterson
Debbie Raplee Les Thomas Bruce White
COUNCIL WORKSHOP CANCELLED
SPECIAL COUNCIL MEETING AGENDA
5,00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
This is a special meeting Therefore, items may not be added to the agenda.
4. PUBLIC COMMUNICATIONS
A Employee of the Month B. Economic DevelopmentI date
5. PUBLIC HEARINGS
A. Municipal Lot Block Alley Vacation—Approve
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills—Approve
C. Pfaff Rezone Ordinance—Adopt(QUASI-JUDICIAL PROCEEDING)
D. Central Avenue Green River Bridge Interlocal Agreement with King County—
Authorize
E. Soos Creek Water and Sewer District, Sewer Easement—Authorize
F. King Conservation District Grant—Accept and Establish Budget
G. Resolution Setting Hearing Date for Cedar Street& Hazel Avenue Street
Vacation—Adopt
H. Amnk Warehouse Building Infrastructure Improvements, Bill of Sale—Accept
I. Autumn Glen Infrastructure Improvements, Bill of Sale—Accept
J. 5th Avenue Venture Infrastructure Improvements, Bill of Sale—Accept
K. Mid-Year Budget Adjustment Ordinance—Adopt
L. Capital Projects Reimbursement Resolution—Adopt
M. Lodging Tax Advisory Board Member Appointments —Confirm
N. Washington State Arts Commission Arts Education First Step Grant—Accept and
Amend Budget
(Continued on Back)
COUNCIL MEETING AGENDA CONTINUED
T0. King County Human Services Community and Human Services Developmental
Disabilities Grant—Accept and Amend Budget
P. Second Quarter Fee-in-Lieu of Funds— Accept and Amend Budget
Q. Interagency Committee for Outdoor Recreation Aquatic Lands Enhancement
Account Grant—Accept and Amend Budget
R. Wilson Playfields Cell Tower Lease Agreement—Accept and Amend Budget
S. Wilson Playfields Easement Agreement—Authorize
T. Municipal Lot/2nd Avenue Improvements Agreement—Authorize
7. OTHER BUSINESS
None
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
1l. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
�— PPnf�1nQ T t rtn4-- --
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page and complete packet are 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 requtnng 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.
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I 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
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PUBLIC COMMUNICATIONS
A) EMPLOYEE OF THE MONTH
B) ECONOMIC DEVELOPMENT UPDATE
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Kent City Council Meeting
Date August 2, 2005
Category Public Hearings
1. SUBJECT: MUNICIPAL LOT BLOCK ALLEY VACATION—APPROVE
' 2. SUMMARY STATEMENT: Resolution No. 1703 established August 2, 2005 as
the public hearing date for the petition by the City of Kent to vacate the entire public
alley within Block 7 of Yeslers I" Addition to Kent in Volume 5 of Plats Page 64 in
King County, Washington, running east and west through the "Municipal Lot Block"
` which is bounded by 41h Avenue North, West Smith Street, 2"d Avenue North and West
Harrison Street. A staff report recommending approval with conditions is included in
the Council's packet.
3. EXHIBITS: Staff report, Torgelson memo, Resolution No. 1703 and map
I4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B. Councilmemberw—%1 oves, Councilmember seconds
to approve/disapprove/modify staff s recommendation of approval with conditions of
the application to vacate the entire public alley within Block 7 of Yeslers I"Addition
to Kent in Volume 5 of Plats Page 64 in King County, Washington, running east and
I west through the "Municipal Lot Block" which is bounded by 41h Avenue North, West
Smith Street, 2"d Avenue North and West Hamson Street, as referenced in Resolution
No. 1703, and to direct the City Attorney to prepare the necessary ordinance upon
jcompliance with the conditions of approval.
DISCUSSION:_ ,(ln�
ACTION:
Council Agenda
Item No 5A
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KE N T Charlene Anderson,AICP,Manager
WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S.
1 Kent,WA 98032-5895
July 26, 2005
i To: Mayor Jim White, Council President Deborah Ranniger and City Council
Members
From: Charlene Anderson,AICP, Planning Manager
Through: Mayor Jim White
Subject: Report and Recommendation on an Application to Vacate the entire public alley
within Block 7 of Yeslers 1st Addition to Kent in Volume 5 of Plats Page 64 in
King County, Washington, running east and west through the "Municipal Lot
Block" which is bounded by 4th Avenue North, West Smith Street, 2"d Avenue
North and West Harrison Street
#STV-2005-3 (KIVA 92052377)
MOTION: To approve/disapprove/modify staffs recommendation of approval with
conditions of the petition to vacate the entire public alley within Block 7 of
Yeslers Ist Addition to Kent in Volume 5 of Plats Page 64 in King County,
Washington, running east and west through the "Municipal Lot Block" which is
bounded by 41h Avenue North, West Smith Street, 2"d Avenue North and West
Harrison Street, as referenced in Resolution No. 1703, and to direct the City
Attorney to prepare the necessary ordinance.
I SUMMARY: The City of Kent, 220 4 h Avenue South, Kent, WA 98032 requests vacation of
the entire public alley within Block 7 of Yeslers I" Addition to Kent in Volume 5 of Plats Page
64 in King County, Washington, running east and west through the "Municipal Lot Block"
which is bounded by 4 h Avenue North, West Smith Street, 2nd Avenue North and West Harrison
Street in order to facilitate development of the site. Staff recommends approval of the alley
vacation with conditions outlined below.
IBUDGET IMPACT: As a condition of approval, staff proposes the City is compensated equal
to the full appraised value of the right of way being vacated.
BACKGROUND: The alley proposed to be vacated is improved right of way. There are
utilities located within the right of way proposed to be vacated.
STAFF RECOMMENDATION:
Staff notified the following departments and agencies of this proposed alley vacation.
■ Public Works Department
■ Police
■ Parks, Recreation and Community Services
■ Fire and Life Safety
■ ComCast Cable Communications Inc.
■ Puget Sound Energy
■ Qwest
■ Department of Transportation
• METRO Transit Division r
After a review of the comments received, the Planning Services Division recommends that the
request to vacate the entire public alley within Block 7 of Yeslers 1st Addition to Kent in Volume
5 of Plats Page 64 in King County, Washington, running east and west through the "Municipal
Lot Block" which is bounded by 4t" Avenue North, West Smith Street, 2nd Avenue North and
West Harrison Street, as described in Resolution#1703 and as shown on the accompanying map
be APPROVED with the following conditions:
1) The private property owners of the parcels abutting the public alley shall
compensate the City in US currency for the full appraised value of their portion of
the right of way proposed to be vacated, OR, in lieu of said payment, pursuant to
KCC 6.09.030, may convey to the City property of equivalent value.
(Compensation will not be required for those portions of the alley that abut City
property.)
2) The City shall retain easement rights over, under and upon said property to be
vacated for its public utilities that therein either presently exist or may exist in the
future.
3) For any private or quasi-private utility such as power, gas, telephone or cable TV
which has existing facilities within (under, upon and/or over) the right of way
petitioned to be vacated, the City shall retain the rights to grant to said utility
operators an easement for the operation and maintenance of same.
CA\pm S\Permrt\Plan\vacations\2005\2052377-2005-3CC080205 DOC
Enclosure—Map,Resolution No 1703 '
cc Jerry McCaughan,Property Manager
#STV-2005-3(KIVA#2052377)
Staff Report-City Council 08/02/05
Page 2 of 2
OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
KENT
W A S M I N G T O N Address 220 Fourth Avenue S.
Kent,WA 98032-5895
LJuly 26, 2005
To: Council President Deborah Ranniger and City Council Members
From Nathan Torgelson, Economic Development Manager
Through: Mayor Jim White
Subject: Additional information on application to vacate alley on the"Municipal Lot
Block"
In regards to Condition #1 of the staff recommendation on the proposed alley vacation, the
private property owners of the parcels abutting the public alley intend to convey their portion of
the alley to the City. This conveyance will be part of a separate "land pooling" agreement that
will be subject to future Council approval as part of the proposed Project Springboard
jhotel/condominium development.
If you have any further questions, please contact Nathan Torgelson at (253) 856-5703 or
ntorgelson@ci.kent.wa.us.
S Tetmit\Planlvacations1200512052377-2005-3ntmemo doc
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RESOLUTION NO. Z49,3
A RESOLUTION of the city council of the city
of Kent, Washington, regarding the vacation of an alley,
approximately 6,753 square feet, that runs east and west
through the property known as the "Municipal Lot
Block," which is bounded by 4 h Avenue North to the
west, West Smith Street to the north, 2ad Avenue North
to the east, and West Harrison Street to the south as
dedicated within the plat of Yeslers' First Addition in
Volume 5 of Plats, Page 64 recorded in King County,
Washington; and setting a public hearing on the
proposed street vacation for August 2,2005.
RECITALS I
A. The city of Kent seeks to vacate the alley that runs east and west
through the Municipal Lot Block,legally described in Exhibit A.
B. Pursuant to Ordinance No. 1934, the Kent city council may initiate by
resolution the vacation procedure, subject to notification to abutting property owners
and a public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTIONI. The city council seeks to vacate the alley that runs east and west
through the property known as the"Municipal Lot Block,"legally described in Exhibit
I Street Vacation—Municipal Lot Block Alley
A and incorporated by this reference, and the City Clerk shall give proper notice, as
required per Section 3 of this resolution.
SECTION 2. A public hearing on the street vacation petition requesting the
vacation of the Municipal Lot BIock alley shall be held at a special meeting of the
Kent City Council at 5:00 p.m., Tuesday,August 2, 2005, in the Council Chambers of
City Hall located at 220 4'h Avenue South,Kent,Washington,98032,
SECTION 3. The City Clerk shall give proper notice of the hearing and cause
the notice to be posted as provided by state law,Ch. 35.79 RCW, including the specific
notice to the abutting property owners as required due to the city council's initiation of
the vacation by this resolution.
SECTION 4. The Planning Manager shall obtain any other necessary
information from appropriate departments and shall transmit the information to the city
council so that the city council may consider the matter at its special meeting on
August 2,2005.
SECTIONS. 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 Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
2 Street Vacation—Municipal Lot BioatASey
1
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SECTION 7. 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 5�day of July,2005.
CONCURRED in by the mayor of the city of Kent this day of July,2005.
1
JBv AI IM MAYOR
ATTEST:
BRENDA JACOBER,CItY CLERK
APPROVED AS TO FORM:
• i"4t.�
TOM BRUBAKER, C ATTORNEY
I hereby certify that this is a true and coned copy of Resol hon No.
passed by the city council of the city of Kent,Washington,the 5 day of
July,2005.
Cr 04
BRENDA JACOBER,6CITY CLERK
r%c,"ARESOLUrXXASTYAC4.mopmModUocLdn
3 Sbed Vacation—Municipal Lot Blatt A&7
r
EXHIBIT A
ALLEY IN BLOCK 7 YESLERS 1ST ADDITION TO
KENT IN VOLUME 5 OF PLATS PAGE 64 KING
COUNTY,WASHINGTON.
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CONSENT CALENDAR
6. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consen alendar Items A through T.
Discussion
Action wU
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of July 19, 2005.
6B. Approval of Bills.
Approval of payment of the bills received through July 15 and paid on July 15 after
auditing by the Operations Committee on July 19, 2005.
Approval of checks issued for vouchers:
Date Check Numbers Amount
7/15/05 Wire Transfers 2101-2120 $1,8191875.46
7/15/05 PrePays & 580446 5307885.35
7/15/05 Regular 581084 112835441.55
7/16/05 Use Tax Payable 2,678.93
$3,6361881.29
' Approval of checks issued for paw for July 1 through July 15 and paid on July 20,
2005:
' Date Check Numbers Amount
7/6/05 Interim Check 284934 $ 467.70
6/20/05 Void Check 284460 (468.23)
7/13/05 Interim Check 284935 468.23
7/20/05 Interim Check 285269 1,341.81
$ 1,809.51
7/20/05 Checks 284936-285268 278,343.45
7/20/05 Advices 182727-183413 1,261,549.27
$1,539,892.72
Council Agenda
Item No. 6 A-B
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KEN T Kent City Council Meeting
WA5HINOTON July 19, 2005
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, Administration, or Staff. (CFN-198) Mayor White added Consent Calendar
Item G and Public Communications Item C. Peterson added Other Business Item D.
B. From the Public. (CFN-198) Continued Communications Item A was added at the request of
an audience member.
I PUBLIC COMMUNICATIONS
A. National Night Out Proclamation. (CFN-155) Mayor White proclaimed August 2, 2005, as
National Night Out and presented the proclamation to Police Chief Crawford.
ADDED ITEM
' B Introduction of Appointees. (CFN-198) Mayor White introduced those appointees who
were in attendance.
ADDED ITEM
C Sister City Presentation. (CFN-155) Roberto Gonzales, former resident of El Grullo, and
Charlene Shaw, Chair of the Sister Cities Committee presented the City with the flag of El Grullo,
Mexico on behalf of its Municipality President Antonio Mendoza.
CONSENT CALENDAR
PETERSON MOVED to approve Consent Calendar Items A through G Clark seconded and the
motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of July 5,
2005 were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through June 1 and paid on
June 15 after auditing by the Operations Committee on July 5, 2005 was approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/15/05 Wire Transfers 2073-2087 $1,349,631.87
6/15/05 PrePays & 579087 261,629 94
6/15/05 Regular 579802 1,076,786 37
5/16/05 Use Tax Payable 2,003.67
' $2,690,051.85
Payment of the bills received through June 16 and paid on June 30 after auditing by the Operations
Committee on July 5, 2005 was approved.
r 1
Kent City Council Minutes July 19, 2005
Approval of checks issued for vouchers: f
Date Check Numbers Amount ,
6/30/05 Wire Transfers 2088-2100 $1,151,086.89
6130105 PrePays & 5749803 1,980,762.58
6/30/05 Regular 580445 3,374,093.90
6/30/05 Use Tax Payable 2,412.08
$6,508,355.45
Checks issued for payroll for June 1 through June 15 and paid on June 20, 2005, were approved: tj
Date Check Numbers Amount
6/14/05 Interim 284293-284294 $ 280.05
6/14/05 Voids -280 05
6/20105 Checks 284295-284599 227,317.32
6/20105 Advices 181357-182040 1,272,601.85
$1,499,919.17
Checks issued for payroll for June 16 through June 30 and paid on July 5, 2005, were approved:
Date Check Numbers Amount
7/5/05 Checks 284600-284933 $ 254,584.68
7/5/05 Advices 182041-182726 1,300,278.24
$1,554,862.92
C. Pacific Highway South High Occupancy Vehicle Lanes, S. 272nd to S. 252nd Joint Utility
Trench Project. (CFN-1038) The Pacific Highway South HOV South 272° to South 252°
Joint Utility Trench project was accepted as complete and release of the retamage to Pilchuck
Diversified Services upon standard releases from the state and release of any liens was authorized.
D. Fourth and Smith Joint Utility Trench Project. (CFN-1038) The 4`h and Smith Joint
Utility Trench project was accepted as complete and release of the retainage to Rodarte
Construction, Inc. upon standard releases from the state and release of any liens was authorized.
E. Washington Traffic Safety Commission Grant. (CFN-122) Washington Traffic Safety '
Commission grant funds in the amount of$9,500.00 were accepted.
F. Graham Rezone Ordinance (Quasi-Judicial Proceeding). (CFN-121) Ordinance No 3756 ,
relating to land use and zoning, specifically the rezoning of approximately .34 acres of property
located at 22521 9e Avenue South from Single Family Residential 2 units per acre (SR-2) to
Single Family Residential 6 units per acre (SR-6) was adopted. ,
ADDED ITEM
G Appointments. (CFN-198) The following appointees were confirmed by the Council:
Mr. Dan Schuttler to serve as a member of the Kent Arts Commission, Ms Dana Ralph to serve
as a member of the Kent Arts Commission; and Mr. Eric Munson to serve as a member of the
Kent Drinking Driver Task Force. ,
2
Kent City Council Minutes July 19,2005
OTHER BUSINESS
A. Pfaff Rezone(Quasi-Judicial Proceeding). (CFN-121) The Kent Hearing Examiner held a
Public Hearing on April 6, 2005 which was continued to June 8, 2005, and issued Findings,
Conclusions, and a Recommendation for approval on June 23, 2005. The City Attorney explained
the issue, and it was determined there had been no ex-parte communication by Councilmembers.
Sharon Clamp of the Community Development Department outlined the project and recommenda-
tion. CLARK MOVED to accept the Findings, Conclusions and Recommendation of the Hearing
' Examiner on the Pfaff Rezone and to direct the City Attorney to prepare the necessary ordinance.
Peterson seconded. Harmon expressed concern about traffic and build out. The motion then
carried, with Harmon opposed.
' B. Council Meeting Time Change. (CFN-198) In order to participate in National Night Out
activities. RANNIGER MOVED that the time of the August 2, 2005, City Council meeting be
changed from 7:00 p.m. to 5:00 p.m., and that the City Clerk give notice of the time change in the
same manner as a special meeting. Peterson seconded and the motion carried.
C. 36th Avenue South Street Vacation Revised Resolution. (CFN-102) The public hearing on
this street vacation petition was previously scheduled to be held at the City Council's regularly
scheduled meeting at 7:00 p.m. on August 2, 2005 However, due to the annual National Night
I Out event, the City Council's meeting on August 2, 2005, will commence at 5:00 p.m instead of
7:00 p in Accordingly, it is proper to adopt a resolution rescheduling the public hearing to the
City Council's regularly scheduled meeting on August 16, 2005, at 7:00 p in WHITE MOVED to
1 adopt Resolution No 1704 rescheduling the public hearing on the street vacation petition for a
portion of 36th Avenue South, between Rerth Road and South 260th Street, from August 2, 2005,
to 7 00 p.m. on August 16, 2005. Ranmger seconded and the motion carried.
ADDED ITEM
D Council Presidency. (CFN-198) Peterson announced her resignation as Council President
and MOVED that Councilmember Ranniger replace her Clark seconded and the motion carved.
BIDS
A. LID 353: S. 228th Street Corridor, Bolger Road Grading. (CFN-1269) The bid opening
for this project was held on July 7, 2005, with four bids received. The low bid was submitted by
Rodarte Construction, Inc. WHITE MOVED to authorize the Mayor to enter into a contract with
Rodarte Construction, Inc in the amount of$531,186 50 for the LID 353. S. 228th Street Corridor
Bolger Road Grading project. Harmon seconded and the motion carved.
REPORTS
B. Operations Committee. (CFN-198) Clark urged citizens to participate in regional planning
activities.
C. Public Safety Committee. (CFN-198) Ranniger noted that meeting on July 21 has been
' cancelled.
F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the Committee
will meet on July 21 at 4:00 p.m.
3
Kent City Council Minutes July 19, 2005
G. Administrative Reports. (CFN-198) CAO Martin reminded Council of two items of pend-
ing litigation for Executive Session, said action may be taken during regular session, and noted '
that the Executive Session will last approximately 20 minutes
CONTINUED COMMUNICATIONS ,
A. Metro Conditional Use. (CFN-198) Bob O'Brien, 1131 Seattle Street, spoke regarding the
loss of parking spaces, and provided documentation
EXECUTIVE SESSION '
The meeting recessed to Executive Session at 7:30 p.m. and reconvened at 8:03 p.m. (CFN-198)
ACTION AFTER EXECUTIVE SESSION ,
A. Pending Litigation. (CFN-198) CLARK MOVED to authorize the City Attorney, as he
deems necessary,to file one or more lawsuits to enforce contractual development agreements, ,
typically entitled"Environmental Mitigation Agreements," in order to enforce the City's rights
under those agreements, and to ratify all acts consistent with this authority. Peterson seconded.
Clark explained the issue and the motion carried.
ADJOURNMENT
THOMAS MOVED to adjourn at 8:05 p.m. Harmon seconded and the motion camed '
(CFN-198)
Brenda Jacober, CMi
City Clerk
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Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: PFAFF REZONE ORDINANCE—ADOPT
(QUASI-JUDICIAL PROCEEDING)
1 2. SUMMARY STATEMENT: Adoption of Ordinance No. 3757 relating to
land use and zoning, specifically the rezoning of approximately 19.5 acres of property
located at 27864 124`i' Avenue SE from Single Family Residential 4.5 units per acre
(SR-4.5) to Single Family Residential 6 units per acre (SR-6). (Pfaff Rezone,
L #RZ-2004-6). The ordinance was prepared at the direction of the City Council which
approved the rezone at its July 19, 2005 meeting.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Hearing Examiner
(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
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
' of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 19.5 acres of
property located at 27864 124` Avenue SE from Single
1 Family Residential 4.5 units per acre (SR-4 5) to Single
Family Residential 6 units per acre (SR-6). (Pfaff Rezone,
#RZ-2004-6)
' RECITALS
A. An application to rezone approximately 19 5 acres of property located at
27864 124`h Avenue SE, Kent, Washington from the current zoning of Single Family
Residential 4.5 units per acre (SR-4.5) to Single Family Residential 6 units per acre
(SR-6) was filed on December 3, 2004, by Kurt Wilson, SBI Developing, LLC (Pfaff
(Rezone, #RZ-2004-6).
B. The City's SEPA responsible official issued a Determination of
onsignificance (DNS) (#ENV-2004-76) for the proposed rezone on March 8, 2005.
public hearing on the rezone was held before the hearing examiner on April 6, 2005,
and continued to June 8, 2005.
C. On June 23, 2005, the hearing examiner issued findings and conclusions
that the Pfaff Rezone is consistent with the city's Comprehensive Plan, that the
roposed rezone and subsequent development activity would be compatible with the
' evelopment in the vicinity, that the proposed rezone will not unduly burden the
ransportation system in the vicinity of the property with significant adverse impacts
' 1 Pfaff Rezone
that cannot be mitigated, that circumstances have changed since the establishment of
the current zoning district to warrant the proposed rezone, and that the proposed rezone
will not adversely affect the health, safety, and general welfare of the citizens of the
City of Kent.
D Based on these findings and conclusions, the hearing examiner '
recommended approval of the Pfaff Rezone.
E. On July 19, 2005, the City Council determined that the hearing ,
examiner's findings and conclusions are consistent with sections 15.09 050(A)(3) '
andl5.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner,
and adopted the hearing examiner's recommendation for approval of the Pfaff Rezone
from Single Family Residential 4.5 units per acre (SR-4-5) to Single Family Residential
6 units per acre (SR-6).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Rezone. The property located at 27864 1241h Avenue SE, Kent,
Washington consisting of approximately 19.5 acres depicted in Exhibit "A" (marked
"Subject Property"), attached and incorporated by this reference, and legally described ,
in Exhibit "B", attached and incorporated by this reference, is rezoned as follows-
King County tax parcel numbers 332205-9020 shall be rezoned from f
Single Family Residential 4 5 units per acre (SR-4.5) to Single Family
Residential 6 units per acre (SR-6).
The City of Kent zoning map shall be amended to reflect the rezone granted above.
2 Pfaff Rezone r
SECTION 2. - Severabi1q. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
1 SECTION 3. -gLeective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
1 IBRENDA JACOBER, CITY CLERK
' APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of August, 2005.
' APPROVED: day of August, 2005.
' PUBLISHED: day of August, 2005.
' I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
' (SEAL)
BRENDA JACOBER, CITY CLERK
P\C1n1X0M NANCE%Rewm-Pfaff dot
3 Pfaff Rezone
. It
'tar
11;3
Sk
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I L I I
LF
APPLICATION NAME: PFAFF
REQUEST: #RZ-2004-6 EXHIBIT "A"
SITE MAP REZONE MAP
' Legal Description—Pfaff Property, King County Tax Parcel # 332205-9020
The South Half of the Southwest Quarter of the Northwest Quarter of Section 33,
Township 22 North, Range 5 East of the Willamette Meridian, in King County,
Washington;
Except the West 20 feet thereof;
Except the East 10 feet of the West 30 feet thereof condemned by King County Supenor
Court Case No. 815888 for 1241h Avenue SE.
Per First American Title Company, commitment No.: 4261-440604, dated October 21,
2004.
1
RECEIVED
EXHIBIT "B" DEC (� a 2004
PFAFF Clly01 �cP-14f
ENV-2004-76 / RPSA-2044105
#RZ-2004-6 / RPP4-2044106
(Sharon Clamp, Planner)
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: CENTRAL AVENUE GREEN RIVER BRIDGE INTERLOCAL
AGREEMENT WITH KING COUNTY—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement
' with King County for cleaning and painting of the Central Avenue Green River bridge,
upon concurrence of the language by the City Attorney and the Public Works Director.
3. EXHIBITS: Public Works Director's memorandum and Interlocal agreement
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 $
t6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
. Phone 253-856-5500
K E N T Fax. 253-856-6500
W A S H I N G T O N Address. 220 Fourth Avenue S
Kent,WA,98032-5895
DATE: July 15,2005
TO: Public Works Committee
' FROM: Mark Howlett
THROUGH Larry Blanchard
' SUBJECT: Central Avenue Green River Bridge
Interlocal Agreement with King County
MOTION. Recommend authonzing the Mayor to sign an Interlocal. Agreement with King
County for cleaning and repainting of the Central Avenue South Green River Bridge subject to
the City Attorney and Public Works Director's concurrence of the language therein.
SUMMARY: This Interlocal agreement between Kent and King County establishes King
' County as the lead agency for the cleaning and repainting of the Central Avenue Green River
bridge and gives them authonty to perform work within the City limits of Kent
' BUDGET IMPACT:No Unbudgeted Fiscal/Persoimel Impact.
' BACKGROUND: The City of Kent and the King County Department of Transportation were
successful in receiving a federal Bridge Replacement Advisory COnmmittee(BRAC) grant in the
estimated amount of$342,000 for repainting the Central Avenue Green River Bridge. This grant
is 100-percent federal participation-meaning no City matching funds are needed.
The municipal boundary between King County and the City of Kent is approximately the center
' of the bridge. This Interlocal Agreement establishes King County as the lead agency for the
administration of the project and grants them authority to perform work within the City hunts of
Kent.
' Mayor White and Kent City Council I
t
INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND CITY OF KENT
REGARDING IMPROVEMENTS TO THE GREEN RIVER BRIDGE
THIS AGREEMENT is made and entered into by and between King County, a political
subdivision of the State of Washington ("the County") and the City of Kent (the"City"). The
County and the City are referred to collectively as"the parties" This Agreement is made for the
purpose of performing maintenance work on the Green River Bridge(the"Bridge").
RECITALS
' A. Part of the Bridge is located in the County and part is located in the City.
B. The County and the City have both identified the need for maintenance work on the Bridge
(the"Project")
C. The County and the City have been awarded grant funds from BRAC (Bridge
Replacement Advisory Committee) for the Project.
D. It is in the best interest of the County and the City to establish a lead agency to manage the
' Project, administer the grant and provide for the design,permitting and construction of the
Proj ect.
' E. The County and the City are authorized,pursuant to RCW Chapter 39.34, to enter into an
mterlocal governmental cooperative agreement of this nature.
eNOW,THEREFORE,the County and the City agree as follows:
AGREEMENT
' 1. SCOPE OF WORK
The Project includes design and construction to clean and encapsulate the existing
' structural steel with single component moisture cure urethane paint system in compliance
with applicable federal, state and local laws and regulations and may include installation
of new bird exclusion control devices with appropriate procedures to comply with
applicable regulations.
' 2. TERMS AND CONDITIONS
2.1 The County shall be the lead agency for the Project with regard to all matters
pertinent to the accomplishment of the Project. ,
2.1.1. The County will provide the City with 95%and 100%plans and
specifications for review. The City will provide written comments,if any,to ,
the County within fourteen days after the City receives the plans and
specifications. The County shall incorporate the City's continents into the
plans and specifications to the extent the County determines it is practicable.
2.1.2. The County shall perform its design, engineering, and administration
services for the Project in accordance with the most recent AASHTO
(American Association of State Highway and Transportation Officials),
WSDOT design manual, WSDOT Bridge Design Manual, and the King
County Road Standards and shall notify the City of any deviations. '
2.2 The parties shall appoint a contact person or persons to act as liaisons for the
Project. These contact persons will meet on an "as needed"basis to provide
guidance for the Project and serve as a coordination body between the two
agencies.
2.3 The City shall provide all necessary support and services at no cost to the County, '
including,but not limited to, attending project meetings,providing written continents,
coordinating traffic lane closures,answering public inquiries and performing ,
inspections required by the City during construction.
2.4 The City hereby grants the County right of entry into the City's jurisdiction for the '
purpose of performing any and all tasks necessary to complete the Project.
2.5 The County shall be responsible for coordinating the public information and
involvement with regards to the Project.
3. COUNTY TO PROCESS AND DECIDE PROJECT PERMITS ON BEHALF OF
THE CITY
3.1 The City hereby authorizes the County to review and render decisions on permit ,
applications related to portions of the Project that are located within the City.
Such authority includes,but is not limited to, application intake and review, '
application engineering review, permit decision making,pen-nit inspections,
issuance of final approvals, and all other permit processing on behalf of the City.
3.1.1 The City shall assist the County with gathering and providing information,
including but not limited to financial,property, land use, maps, and
environmental matters,within the City's jurisdiction that may be helpful in '
the County's permitting and environmental documentation work, or other
aspects of the Project conducted by the County.
2 '
3.2 Administrative or quasi-judicial appeals of County decisions rendered for permits
related to the Project, if any,shall be heard and decided by the County under
County Code procedures, except as may be otherwise required by State law
3.3 The City has determined that the standards contained in the County Code meet or
exceed the standards of the City Code, and that compliance with the County
standards will satisfy the requirements of the City Code. Therefore,in reviewing
permit applications pursuant to this Agreement,the County shall apply the King
County Code.
4. SEPA COMPLIANCE
4.1 The County shall serve as the lead agency for purposes of satisfying requirements
of the State Environmental Policy Act(SEPA) and for all work and permitting
related to the Project
' 4.2 Administrative or quasi-judicial appeals of County SEPA decisions related to the
Project, if any, shall be heard and decided by the County under County Code
procedures to the extent allowed by law.
5. CONSTRUCTION CONTRACT BIDDING
5.1 The County shall prepare the contract bid documents for the Project.
5.2 The County shall advertise the contract in the official legal publication for the
County and, if necessary,other newspapers to provide the widest possible
coverage commensurate with the size of the Project.
5.3 The County shall provide to the City a copy of the plans and specifications
advertised for bid.
5.4 The County will open the bids. The County shall notify the City of the time and
date of the opening of the bids,which is typically three weeks after the Project is
advertised The City may,but need not, attend the opening of the bids.
5.5 The County will tabulate the bids. The County shall provide a dated,verified copy
of the bid tabulations to the City. The bid tabulations will identify the estimated
construction,inspection and overhead cost,based upon the lowest responsible bid
1
3
5.6 The County shall award the contract to the lowest responsible bidder for the total
Project, subject to applicable laws and regulations.
6. CONTRACT ADMINISTRATION
6.1 The County shall provide the necessary engineering, administrative, inspection,
clencal and other services necessary for the execution of the Project. In providing
such services within the City's jurisdiction,the County Road Engineer may
exercise all the powers and perfonn all the duties vested by law or ordinance in the
City Engineer or other City officer or department charged with street
administration.
6.2 The City may inspect the Project at no cost to the County to insure proper
compliance with requirements during the performance of the Project within the
City. The City shall advise the County of any deficiencies noted.
6.21. The City's inspector shall not commuiucate directly with or instruct the
contractor directly on any matters regarding contract performance '
6.2.2. The City shall notify the County, in writing, of any changes it wishes to
make which affect the City's portion of the Project. The parties shall
jointly determine whether any changes requested by the City will be
implemented. The City shall be financially responsible for those requested
changes. This City financial responsibility will be in addition to the City's
50%cost share as described in Section S.
6.3 The County shall keep the City advised as to the progress of the Project and shall
not order or approve any changes in the approved Project plans and specifications
that substantially change the nature of the Project without first consulting the City.
6.4 At the completion of the Project,both parties shall perform a mutual final
inspection of the Project. The City may provide a written deficiency list to the
County within five working days after the final inspection. The contractor will
complete only deficiencies that comply with the contract specifications. Final
project acceptance will be by the County as the Certification Acceptance agency
of the Project.
7. GRANT ADMINISTRATION
7.1 The County shall provide all necessary administrative and clerical services to
administer the BRAC grant.
72 All costs associated with grant administration shall be shared equally between the
4
City and the County.
8. PAYMENT
8.1 A cost estimate is provided in Exhibit A which,by this reference, is made part of
this Agreement. The County shall invoice the City for 50% of the total Project
costs Such costs shall include grant administration costs as described above in
Section 7.
8.2 The City will be reimbursed 50%of eligible costs from the grant proceeds received
by the County,providing that the 50%share of costs has been paid by the City.
8.3 In addition, the City shall pay the County for any City requested scope of work
changes for which the City is financially responsible. Costs associated with City
requested changes shall be the full financial responsibility of the City.
8.4 The City shall pay the County no later than 30 days after the City receives the
County's invoice, with one percent per month interest being charged to the City as
a delinquent charge, starting 30 days after the billing date.
9. DURATION/TERMINATION
9.1 This Agreement shall remain in effect until final acceptance of the Project and
payment by the City of all monies due from the City to the County,subject to the
early termination provisions below.
L9.2 If expected or actual funding is withdrawn,reduced or limited in anyway prior to
the completion of the Project,either party may,with thirty(30)days written notice
to the other party,terminate this Agreement.
9.3 In the event of termination prior to completion of the Project:
' 9.3.1. The party requesting termination shall pay all direct and indirect phasing-
out costs.
t9.3.2. Tennination costs payable shall not exceed the actual costs incurred as a
result of termination of this Agreement.
10. LIABILITY
Washington State law shall govern the respective liabilities of the parties to this Agreement
for any loss due to property damage or injury to persons arising out of activities conducted
5
pursuant to this Agreement.
11. DISPUTE RESOLUTION
In the event of a dispute between the parties regarding this Agreement, the parties shall
attempt to resolve the matter informally. If the parties are unable to resolve the matter
informally, the parties may agree in writing to an alternative dispute resolution process.
12. AUDITS AND INSPECTIONS ,
The records and documents pertaining to all matters covered by this Agreement shall be
retained and be subject to inspection, review, or audit by the County or the City during
the term of this Agreement and for three(3)years after termination or expiration.
13. OTHER PROVISIONS
13.1 The County shall be deemed an independent contractor for all purposes and the ,
employees of the County,or any of its contractors, subcontractors and their
employees shall not in any maruier be deemed to be employees of the City.
13.2 Nothing contained herein is intended to,nor shall be construed to, create any rights
in any party not a signatory to this Agreement,or to form the basis for any liability
on the part of the County,the City,or their officials, employees, agents or
representatives, to any party not a signatory to this Agreement.
13.3 Waiver of any breach of any provision of this Agreement shall not be deemed to be a
waiver of any prior or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
13.4 Each party shall retain ownership and usual maintenance responsibility for the
road,drainage system, signs,sidewalk and other property within its jurisdiction.
13.5 If any provision of this Agreement shall be held invalid,the remainder of the
Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of the parties.
13.6 The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
13.7 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated herein
are excluded.
6
13.8 This Agreement may be amended only by an instrument in writing, duly executed
by both parties
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date
last written below.
KING COUNTY CITY OF KENT
King County Executive City Mayor
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Deputy Prosecuting Attorney City Attorney
7
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: SODS CREEK WATER AND SEWER DISTRICT, SEWER
EASEMENT —AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute the respective
document(s) granting an easement for an existing sewer line to Soos Creek Water and
Sewer District.
3. EXHIBITS: Public Works Director's memorandum, easement and legal description
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
Larry R Blanchard, Public Works Director
Phone 253-856-5500
K E N T Fax 253-856-6500
WASH N G T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: July 12, 2005
TO: Public Works Committee
FROM: Beth Tan, P.E., Environmental Engineer III
THROUGH Larry R Blanchard, Public Works Director
SUBJECT: Soos Creek Water and Sewer—Sewer Easement
Regarding the Meridian Valley Creek Realignment Project
MOTION:
Recommend authorizing the Mayor to sign a sewer easement granting Soos Creek Water &
Sewer District rights across City of Kent property upon concurrence of the language
therein by the City Attorney and the Public Works Director.
r SUMMARY:
■ A sewer easement between the City of Kent and Soos Creek Water and Sewer District that will
grant Soos Creek Water and Sewer District an easement for an existing sewer line A Quit Claim
Deed was obtained by the City in June of 2004 from Soos Creek Water& Sewer District for use
of the realignment and restoration of Meridian Valley Creek and one easement was recorded at
that time However a second easement was not included for the existing sewer line
i
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
i The Meridian Valley Creek Realignment Project is located south of SE 256`h Street between
1441h Ave SE and 148th Ave SE in Kent The project will decommission the existing concrete
flume on the south side of SE 256`h Street and realign Meridian Valley Creek into a natural
i stream channel south-southeast of the flume and SE 256 h Street The Quit Claim Deed allowed
the City to take ownership of a portion of the Soos Creek Water and Sewer District property to
relocate a portion of Meridian Valley Creek onto that property Soos Creek Water& Sewer
District will reserve a total of two easements for existing sewer lines on the property.
_ Mayor White and Kent City Council 1
RETURN TO
I
Property Management
City of Kent
220-4th Avenue South
Kent WA 98032
I
GRANTOR(S): CITY OF KENT
GRANTEE(S): SOOS CREEK WATER&SEWER DISTRICT
ABBREVIATED LEGAL DESCRIPTION. NE NE 27-22-05
Additional legal description is on page Exhibit A of document
ASSESSOR'S TAX PARCEL ACCOUNT NUMBER(S): 272205-9178-05
PROJECT NAME: 2561h Flume Relocation Project
SEWER EASEMENT
THIS INSTRUMENT by and between CITY OF KENT, a Washington municipal
corporation of King County(hereinafter"Grantors") and SOOS CREEK & WATER SEWER
DISTRICT,a Washington corporation(hereinafter"Grantee")
WITNESSETH that Grantors for and in consideration of mutual benefits derived and/or
other valuable consideration receipt of which is hereby acknowledged by said Grantors, do by
these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors
and/or assigns, a sewer easement for a sanitary sewer main with necessary appurtenances,over,
through, across and upon the following described property situated in King County, Washington,
more particularly described as follows("Easement Area")
SEE EXHIBIT "A"ATTACHED
SEWER EASEMENT-Page 1 of 3 (July 19,2005)
(between City of Kent and Soos Creek Re 256`h Flume)
Y
Without prior institution of suit or proceeding at law, Grantee shall have the right, at tunes as
may be necessary, to enter upon said real property and the immediate adjacent incidental areas
with the necessary equipment for the purposes of alteration, installation, operation, maintenance,
extension, construction, repair and reconstruction of said sanitary sewer or mating any
connections therewith without incurring any legal obligation or liability therefore, providing that
said alteration, installation, operation, maintenance, extension, constructing, repair and
reconstruction of said samtary sewer shall be (t) accomplished in such a manner that the
improvements existing within this Easement Area shall not be disturbed or destroyed, or in the
event that they are disturbed or destroyed, they will be repaired or replaced by the Grantee in as
good a condition as they were immediately before the Easement Area was entered upon by the
Grantee, and(u) coordinated with the City of Kent so that actions are scheduled to muumize the
impact to fish
Grantor shall retain the right to use the surface of this easement including such incidental
areas so long as said use does not interfere with the uses of Grantee heretofore defined This
easement shall be a covenant running with the land forever and shall be binding on Grantee's and
Grantor's successors,heirs, and assigns
GRANTOR(S): '
CITY Or' KEN17, a Washington manicipal
corporation
By
Its
(Notary Acknowledgment Appears on Next Page)
SEWER EASEMENT-Page 2 of 3 (July 19,2005)
(between City of Kent and Soos Creek Re 256`4 Flume)
STATE OF WASHINGTON )
ss
COUNTY OF KING )
ZI hereby certify that on the day of , 2005, 1 know or have
satisfactory evidence that is the person who appeared before me, and
said person acknowledged that he signed this instrument, on oath stated that he is authorized to
execute the instrument on behalf of the CITY OF KENT as its and
such execution to be the free and voluntary act of such party for the uses and purposes mentioned
in the foregoing instrument
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written
NOTARY PUBLIC,in and for the State of Washington
Residing at
My appoinunent expires
APPROVED AS TO FORM APPROVED AS TO F
r
Kent Law Department Michael Hard ,Attorney for
Soos Creek Water&Sewer District
P 1Gv MLESYDpmFilea06Q1$oo6eek-SeruE�xmen�dnc
SEWER EASEMENT-Page 3 of 3 (July 19,2005)
(between City of Kern and Soos Creek Re 25e Flume)
EXHIBIT A
SE 256TH FLUME STRIP EASMENT FOR SANITARY SEWER
A STRIP OF LAND 15.00 FEET IN WIDTH OVER A PORTION OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,TOWNSHIP 22 NORTH,
RANGE 5 EAST,W.M.IN KING COUNTY,WASHINGTON,SAID STRIP OF LAND HAVING 7.50
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION;THENCE ALONG THE
NORTH LINE OF SAID SECTION N88048'06"W 330.00 FEET TO THE WEST LINE OF THE
EAST 330.00 FEET OF SAID SUBDIVISION;THENCE S00057'10'W,ALONG SAID WEST
LINE,45.00 FEET TO THE SOUTH LINE OF THE NORTH 45.00 FEET OF SAID SUBDIVISION,
THENCE CONTINUING ALONG SAID WEST LINE S00057'10"W 387.79 FEET TO THE
SOUTHERLY LINE OF THAT PROPERTY QUITCLAIMED TO THE CITY OF KENT UNDER
RECORDING NO.20040625002505, RECORDS OF SAID COUNTY;THENCE N74054'09w
72.28 FEET ALONG SAID SOUTHERLY LINE; THENCE N44043'56"W 63 53 FEET; THENCE
N49051'37'W 38 96 FEET;THENCE N26042'57•W 49.15 FEET;THENCE N62°01'43"W 48 58
FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE,
THENCE N12011'09"W 75.93 FEET; THENCE N52053'20"W 108.64 FEET,THENCE
N69035'20'W 292.46 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT MAO;
THENCE N61°55'31'W 39.04 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY
MARGIN OF SOUTHEAST 256'STREET AND THE TERMINUS OF THE HEREIN
DESCRIBED CENTERLINE.
EXCEPT nNY POR'I'AON OF TI IE A601/E DESCRIBED(z I I YINr R I ITH FRI Y OF THE
AFORESAID SOUTHERLY LINE OF THE TRACT CONVEYED TO THE CITY OF KENT.
TOGETHER WITH A STRIP OF LAND 15,00 FEET IN WIDTH,SAID STRIP OF LAND HAVING
7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT
AFORESAID POINT'A', THENCE S35056'00'W 15.00 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS ,
REQUIRED TO EXTEND AT ANGLE AND END POINTS.
Gam'LZNO�,C
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Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
j 1. SUBJECT: KING CONSERVATION DISTRICT GRANT—ACCEPT AND
ESTABLISH BUDGET
2. SUMMARY STATEMENT: Authorize the Mayor to sign the King Conservation
District Grant for 2005, in the amount of $40,000.00, direct staff to accept the grant
and establish a budget for the funds to be spent within said project.
3. EXHIBITS: Public Works Department memorandum and contract
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. 6F
PUBLIC WORKS DEPARTMENT
Larry R Blanchard, Public Works Director
• Phone 253-856-5500
Fax. 253-856-6500
I K E N T Address 220 Fourth Avenue S
WASHINOTON
Kent,WA 98032-5895
DATE: July 13, 2005
TO: Public Works Committee
FROM: Michael Mactutis, Environmental Engineering Manager
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: King Conservation District Grant
Green/Duwamish Ecosystem Restoration Project(ERP) Feasibility Report
Finalization and Approval Project
MOTION:
Recommend authorizing the Mayor to sign the King Conservation District Grant for 2005,in the
amount of$40,000, directing staff to accept the grant and establishing a budget for the funds to
be spent within said project.
SUMMARY:
We are in receipt of a King Conservation District Grant in the amount of $40,000 for 2005. The
funds will be used to fund an independent consultant to support the City of Kent's effort, on
behalf of the Watershed Resource Inventory Area 9 (WRIA 9),to finalize the Ecosystem
Restoration Project Feasibility Report by the federal Office of Management and Budget (OMB).
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND
This grant will fund an independent consultant to support the City of Kent's effort, on behalf of
the WRIA 9 Forum, to finalize the ERP Feasibility Report by the Federal Office of Management
and Budget(OMB). Although all of the WRIA 9 jurisdictions participating in the
Green/Duwamish Ecosystem Restoration Project(ERP) will benefit from this work,Kent has
prepared feasibility plans and designs for several important restoration projects scheduled for
T construction in 2005, 2006 and further in the future and is in need of federal construction funds
to allow that construction to occur. Kent is therefore the appropriate jurisdiction to lead this
project.
In October 2000, the U. S. Army Corps of Engineers (USACE), in partnership with 17 local
jurisdictions,non-profit organizations and the Muckleshoot Indian Tribe, completed the
Feasibility Report for the ERP and submitted it to the OMB for approval and finalization. The
focus of the ERP is the design and construction of 45 habitat restoration projects throughout the
Green/Duwamish watershed The ERP was officially authorized for construction by Congress
Mayor White and Kent City Council 1
under the Water Resource and Development Act of 2000 and work in the Pre-Construction
Engineering and Design(PED)Phase began In 2004,the ERP received a federal new start
construction budget of$500,000. This year, 2005,the ERP received an additional construction
budget of$1.25 rrullion Local jurisdictions have supported the ERP work through contributions
of local matching funds (m part through King Conservation District grant revenues)and staff
time. It is clear that Congress is committed to the continued funding of this program and
assisting local jurisdictions in the construction of habitat restoration projects in the
Green/Duwamish River system. The project sites in the ERP are fully integrated with the WRIA
9 draft Salmon Habitat Plan.
Despite the progress of the ERP, project construction has been significantly limited by inaction
on the part of OMB in approving the Feasibility Report Furthermore, because the OMB has
failed to process the ERP Feasibility Report submitted almost 5 years ago, each federal budget
request has required extraordinary local efforts. Approval of this Report would move federal
appropriations into the annual USACE construction budget, thus ensuring that the project sites
can be constructed on schedule Kent's projects and approved local cost shares are ready to
implement key project sites with the assistance of 2006 federal appropriations
Mayor White and Kent City Council 2
stir►
AGREEMXNT FOR AWARD
OF NONCOMPETITIVE GRANT i
Green Duwamish-CPS Watershed Forum(WRIA 9)
City of Kent
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 935 Powell Ave SW, Renton, WA 98055
(referred to herein as "District'), and the City of Kent, a municipal corporation in King County,
Washington,located at 220 Fourth Avenue South, Kent Washington 98032 (referred to herein as
"Recipient"),for the purposes set forth herein
1
SECTION 1. RECITALS
1 1 Whereas,the District is a special purpose district organized and existing under
autbonty of Chapter 89 08 RCW The District engages in and provides certain conservation
activities that are authorized and described in RCW 89 08 220,and
12 Whereas,on December 15,2000,the Metropolitan King County Council enacted
King County Ordinance No. 14016 which,among other things,provides for the distribution of
noncompetitive grant funds from a portion of the special assessments imposed by King County
Ordinance No 14016 and collected by the District pursuant to Chapter 89.08 RCW,and
13 Whereas,on November 19, 1998,the District adopted Resolution No 98-20
relating to the policy and procedures governing the District's award of any noncompetitive grants
authorized by King County, and
14 Whereas,King County's Regional Water Quality Committee which was formed
for the purpose of addressing and responding to regional environmental needs has established
regional funding principles to be considered during the process of awarding noncompetitive
grants, and
15 Whereas,certain Watershed Forums(i e,Lake Washington/Cedar River,
Green/Duwamish River,Sammamish River,Snoqualmie River and Central Puget Sound)were
established by King County Council Motion No 9681 and through the voluntary association of
agencies and entities situated within a particular watershed basin or area for the purpose of
addressing and responding to environmental needs within their respective watershed basins and
in the region by cooperative efforts
16 Whereas,the five Watershed Forums established by King County Council Motion
No 9681 have been superseded by three Watershed Forum funding groups,wbose members
consist of representatives of junsdictions that are located within or have a major interest in the
management areas of Water Resources Inventory Areas(WRIA)7,8 and 9, as referred to in King
County Ordinance No. 14016,and
i
- 1 -
r
17 Whereas,the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89 08 RCW and the
District's policy and procedures for awarding noncompetitive grants, and
18 Whereas,the District and Recipient desire to enter into this Agreement for the ,
purpose of establishing the terms and conditions relating to the District's award of a
noncompetitive grant to Recipient
SECTION 2. AGREEMENT
21 The District agrees to award Recipient a grant in the total amount of Forty
thousand Dollars($40,000)from 2004 Assessments Grant funds shall be used by Recipient
solely for the performance of the work described in Exhibit which is attached hereto and
incorporated herein by this reference The District shall pay the grant funds to Recipient as
follows Grant funds from 2004 Assessments shall be paid by District to Recipient within five(5)
business days 4er District's receipt of a fully executed Agreement
22 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit which may be amended by the parties pursuant to Paragraph 3 3 of the
Agreement Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work Further,Recipient agrees to return to the District any
grant funds that are not expended and/or remain after completion of the work covered by this
Agreement
23 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the Dnstncfs j unsdictional boundaries The followmg
I municipal entities are not within the District's lunsdictional boundaries Enumclaw,Federal
Way,Milton,Pacific,and Skykomish Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's Sun sdictional
boundaries
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area,Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplam mapping or sensitive areas regulations were in
place for that area Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes
25 Recipient shall be required to provide the District with biannual financial and r
project progress reports, along with an annual summary report Financial and project reports
shaII be due May 31 and November 30 each year The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within duty(30)days after the completion of the work
-2-
The final report shall, among other things,summarize the project's successes and shall address
the regional benefits accomplished by the work The final report shall also identify any obstacles
or challenges which were encountered during the work,along with general recommendations
regarding ways to avoid such obstacles or challenges in the future If requested,Recipient agrees
to provide the District with additional financial or progress reports from time to time,at
reasonable intervals
26 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records If requested,Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records Recipient shall maintain
such records of expenditures as may he necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws
27 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington("BARS") i
28 The District or its representative shall have the right from time to time,at 1
reasonable intervals,to audit the Recipient's books and records in order to verify compliance with
the terns of this Agreement Recipient shall cooperate with the District in any such audit
29 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the I
Washington State Archivist
210 Recipient shall ensure that all work performed by Reciptent or its employees,
agents,contractors or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local,state and federal laws
and regulations Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision
211 Recipient agrees that in the event a court of competent jurisdiction finds that the
imposition or collection of the special assessments authorized by King County Ordinance No
14016 are unlawful and orders the repayment of such assessments,Recipient agrees to reimburse
the District for the full amount of the grant award,including any interest which may be awarded
by the court
i
212 Recipient agrees to indemnify,defend and hold harmless the District,its agents,
Officers,officials and employees from all choirs,alleged liability,damages, losses to or death of
person or damage to property allegedly resulting from the acts of the Recipient or any of its
employees,agents,contractors or subcontractors in connection with this Agreement
213 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project
i
-3
SECTION 3. GENERAL PROVISIONS
31 This Agreement shall be binding upon and mure to the benefit of the parties
hereto and their respective successors and assigns
32 This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof No prior or contemporaneous representation,mducement,promise ,
or agreement between or among the parties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of any force or effect
33 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties The parties
contemplate that tins Agreement may from time to time be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement
34 Each party warrants and tepresmU that such patty has full and complete authonty
to enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he/she has been fully authorized to execute this Agreement on behalf
of such party and that such party is bound by the signature of such representative
35 Expenditure of grant funds shall be subject to appropriation by the Metropolitan
King County Council
DISTRICT: RECIPIENT:
By. By
Name Name i
Title Title
Date Date
Approved as to Form Approved as to Form-
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
Byi..r sl A_iti `7l. By
Name ('F c Name
Date �-I �� (� Date
-4.
Exhibit A
l
1
King Conservation District 1
Watershed Forum!Noncompetitive Grant Application
Project Name: ERP Feasibility Report Contact: Mike Mactutis 1 r
Finalization and Approval
Applicant: City of Kent Tttie: Actin Environmental Engineering Manager
Principal Partners(if any): City of Renton,City Address: City of Kent Public Works Dept
of Auburn 220 Fourth Ave South
Kent Washmgton,93032
Total Project Cost- $70,000 Phone: 253 856-5520
KCD Funding Requested: $40 000 Fax: 253 856-6500
Project Start Date: 511/05 E-mail: minactutlEaci kent wa us
Pro ct End Date: 12/31/05
1. Brief Project Description(—200 words)
This grant will fund an independent consultant to support the City of KcnVs effort,on behalf of the
WRIA 9 Forum,to finalize the ERP Feasibility Report by the Federal Office of Management and Budget
(OMB) Although all of the WRIA 9 jurisdictions participating in the Green/Duwamish Ecosystem
Restoration Project(ERP)will benefit from ibis work.Kent has prepared feasibility plans and designs for
several important restoration projects scheduled for constriction in 2006 and is in need of federal
construction funds to allow that construction to occur. Kent is therefore the appropriate jurisdiction to
lead this project
In October 2000,the U S Army Corps of Engineers(USACE),in paRnerslup witb 17local jurisdictions,
non-profit organizations and the Muckleshoot Indian Tribe,completed the Feasibility Report for the ERP
and submitted it to the OMB for approval and finalization The focus of the ERP is the design and
construction of 45 habitat restoration projects throughout the GreealDuwamish watershed The ERP was
officially authorized for construction by Congress under the Water Resource and Development Act of
2000 and work in the Pre-Construction Engineering and Design(PED)Phase began In 2004,the ERP ,
received a federal new start construction budget of$500,000 This year,2005,the ERP received an
additional construction budget of$1 25 million Local jurisdictions have supported the ERP work
through contributions of local matching funds(in part through King Conservation District grant
revenues)and staff time It is clear that Congress is committed to the continued funding of this program
and assisting local junsdictions in the construction of habitat restoration projects in the Green/Duwamish
River system The project sites Lathe ERP are fully integrated with the WRIA 9 draft Salmon Habitat
Plan
Despite the progress of the ERP,project construction has been significantly limited by inaction on the
part of OMB in approving the Feasibility Report Furthermore,because the OMB has failed to process
the ERP Feasibility Report submitted almost 5 years ago,each federal budget request has required
extraordmary local efforts Approval of this Report would move federal appropriations into the annual
USACE construction budget,thus ensuring that the project sites can be constructed on schedule Kent's
projects and approved local cost shares are ready to unplement key project sites with the assistance of
2006 federal appropriations
The Consultant scope of work will include key tasks to
Identify and solve the technical issues that are blocking the finaltzatton and approval of the
Feasibility Report,
KCD 2005—ERP Feasibility nepan Appruval
King Conservation District 2
Watershed Forum Noncompetitive Grant Applicatton
• Work with OMB,Kent and USACOE to approve the Feasibility Report and obtain appropriate
federal funding levels,and
• Accelerate the implementation of vital ERP fish and wildlife habitat restoration projects
2. Project Objectives(Citing specific paragraphs and subtexts,provide a brief description of how
the project meets one RCW 89.08 criteria and one KCD Strategic Plan Initiative criteria
outlined in the Policy and Procedure Overview,and one of the Revised Regional Task Force
Funding Principles):
Thus grant is consistent with RCW 89 08 and will lead to the following actions
• 3 a)iv)"To prepare and keep current a comprehensive long-range program recommending the
conservation of all renewable natural resources of the dtstnct including a compilation of
current resource needs,projections of future resource requirements,priorities for various
resource activities,projected timetables,descriptions of available alternatives,and provisions for
coordmation with other resource programs"
This grant is consistent with the King Conservation District Strategic Plan and will lead to the
following actions•
• 3 b)r)b)"Promoting Natural Habitat Protection and Restoration. to help protect and
restore farmland,forest land,stream,wetlands,and other sensitive natural habitats
• 3 b)u)b)"Promoting Natural Habitat Restoration. provide information and assistance to
landowners,business owners,and other citizens in rural and urban areas on the
preservation and restoration of natural habitats. ."
This grant is consistent with the Krieg Conservation District Regional funding Principles and will
lead to the following actions
• 1 b)"habitat restoration which enhances ecologically significant fish runs;"
• 1 c)"regionally-coordinated monitoring of fish runs and evaluation of habitat
unprovernent projects to ensure that the region's fish habitat expenditures are being
appropriately targeted,raid
• 1 d)"water quality and watershed restoration and protection support services "
3. Project Activities and Measurable Results:
Project activities and results under this grant will include the following
• Confirm matching funds and agreements in cooperation with other WRIA 9 jurisdictions
• Prepare Scope of Work and selection of Consultant
• Include in consultant work priorities,resolution of technical issues with OMB,USACE and Kent
relative to the approval and finalization of the October 2000 GteculDuwamtah Ecosystem
Restoration Feasibility Report
• Establish an appropriate turickne and schedule for work
1 • Establish appropriate communication timing and protocols
• Prepare appropnate progress reports to KCD,in cooperation with WRIA 9
• Prepare final report at project conclusion
4, Budget Expenses
Budget Item KCD 70ther Funds Total
1 Funds ectf
Salaries and Benefits
KCD 2005-E"kkubday Repai Approvd
King Conservation District 3 i
Watershed Forum Noncom htive Grant Application
Travel/Meals/Mileage
Office Field Supphes
Contracted/Professional $401000 $10,000-Kent, $70,000
Services $10,000-Auburn,
$10,000-Renton
Land Ac tton
Permits
Other s N Ify)
TOTAL $40000 $30,000 $70,000
5. Describe how KCD funding will be acknowledged over the duration of the project.
KCD will be acknowledged through all reports and documents published under this grant
Authorized Signature Date
1
s
KCD 2005-E"pea,Mlity Repot AppmvY
i
+ Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: RESOLUTION SETTING HEARING DATE FOR CEDAR
STREET & HAZEL AVENUE STREET VACATION —ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No. 100setting a public
hearing date of September 6, 2005 for the street vacation located along a portion of
Cedar Street east of Hazel Avenue.
3. EXHIBITS: Public Works Director's memorandum, vicinity map and resolution
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 S
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
• Phone 253-856-5500
K E N T Fax 253-856-6500
W n s n n c r o r+ Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: July 12, 2005
TO: Mayor White and Kent City Council
FROM: Larry R Blanchard, Public Works Director
SUBJECT: Cedar Street East of Hazel Avenue — Street Vacation
MOTION Recommend Council adoption of a resolution setting a public hearing date of
September 6, 2005 for the Street Vacation located along a portion of Cedar Street east of
Hazel Avenue.
SUMMARY: We have received a valid petition to vacate a portion of Cedar Street east of Hazel
Avenue In accordance with state law, a public hearing must be held The Public Works
Department recommends adoption of a resolution setting the public hearing date
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: By law upon receipt of a valid street vacation petition the City, via
adopting a resolution is required to hold a public hearing thereon within 60 days of passage of
said resolution
r
Mayor White and Kent City Council (fedar Street East of Hazel Ave -Street Vacation
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of a portion of
Cedar Street, located in the City of Kent, Washington; and
setting the public hearing on the proposed street vacation
for September 6, 2005
RECITALS
A. A petition, attached as Exhibit A, has been filed to vacate a portion of
Cedar Street in the City of Kent, Washington.
rB. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of Cedar Street to be vacated.
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. —Public Hearing A public hearing on the street vacation petition
requesting the vacation of a portion of Cedar Street, shall be held at a regular meeting
of the Kent City Council at 7:00 p.m., Tuesday, September 6, 2005, in the Council
Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032.
1 Cedar Street—
Street Vacation
SECTION 2. -Notice. The City Clerk shall give proper notice of the hearing
and cause the notice to be posted as provided by state law, Chapter 35.79 RCW.
SECTION 3. - Information. The Planning Manager shall obtain any other
necessary information from appropriate departments and shall transmit the information
to the Council so that the Council may consider the matter at its regularly scheduled
meeting on September 6, 2005.
SECTION 4. - Severabilitv. 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 S. — Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION 6. —Effective Date This resolution shall 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 July, 2005. l
CONCURRED in by the Mayor of the City of Kent this day of July,
2005.
JIM WHITE,MAYOR j
2 Cedar Street—
Street Vacation
ATTEST:
BRENDA JACOBER, CITY CLERK
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 July,2005.
BRENDA JACOBER, CITY CLERK
P 1CrvJUtESOLUTIONISTVAC-CeduStre -Puhl�cHemng doc
i
1
3 Cedar Street—
Street Vacation
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JUI 1 4 2Niri
� 40�� �;tfl of RENT
�-� KEN T ci Y ct-eK ? t
w.,"„o,o• IiIVA�: _ "Sp.`—�/ -��C�71�1 I
Mayor Jim White
APPLICANT: /
MAIL TO: NAME. -S C G/'7
CITY OF K NT ADDRESS: �G� L -2y0
Property I%Ianagcment
220 S.4"'Avenue
Kent,WA 98032
ATTN Jerry McCaughan PIIONE: -9c6- S�-- I- 7,�eY-
STREET AND/OR ALLEY VACATION APPLICATION AND PETIT]ON
Dear Mayor and Kent City Council
We,the undersigned abutting property owners,hereby respectfully request that certain ❑Alley
J9 Street hereby be vacated descnbed as follow%(include tiquaie feet)
1xl,�, �
57 .e
1 r RECEIVED
JUN I y 2005
MOP
ITV OF NEWT
ERTI MANAGEMENT
BRIE' STATEMENT WHY VACATION IS BEING SOUGHT
A "CLJRRBNT" owncislup and encusbr.mce ,eport must be obtazned bona a Title
Company and submitted with this app'.icahon that covets all the abutting propelties
contiguous to alley or street sough to be vacated When Corporations,parnicrshnps, etc
are bemg signed for, and then proof of individual's authority to sign for same shall also
be submitted
Attach a color-coded map of a scale of not less than 1"=200' of the atea sought for vacation
(NOTE) Map must can espond with legal de;cnption
AUBUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLAT/SEC.TOWN R G
C x
$150.00 Foe Paid Treasurer's Receipt No.:
Appraisal Fee Paid Treasurer's Receipt No
Laad Value Paid _ Treasurer's teecerpt ivo .
Deed Accepted Date
Trade Accepted Date
EXHIBIT "A"
PMve4ctHope„yManaLemenlUcrty�fmmn�'�1Furnn\V an�w,�•\{pAoo
Page 1 of 3
f R ST
a'P.g 20 4
5
1.0
goo 01p
6 o
—i s � '
yt ys IS_yy 17 to �35 7 '� 7 9' a n y
3.
nSnt°�- a 1 4j1tt// V v ro 5 6
dn1 (1 y
^ � A'
24. �� �' 3 cEt eQ 23� a °
� 5710
��- ,,,, � a � yl�D � , 2005 to�;,�,,�
�° K AT
,a
�'�' f'� t,r a[ a, ✓ 1 02ER 'f•Mh'J20
ff N
161
v r' hA y 4 ' I i V 5 pJ6, 2 i
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14� dg , rl'� d1 t` _,;4 ,v df, S? 4Jn if
-.i
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v TEMPERANCE ST. `\� ,,
s+ •r,�{� I 12 11 10 9 8 7 6 5 . 4
K°
t�°tnj 4�°° i}fie a�0^° tia°° �i� �+ ° to v
op
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EXHIBIT "A"
.1util 1 4 z;.,, Page 2 of 3
I
C hLRI
CI C
CIO I IRn
sn'
That portion of Cedar Street lying South of Block 1 and 2,in S.G Mickelsons Sutmystde
Addition in Volume 45 Page 23,North of Block 3 Smutyside Addition to Kent Volume
18 Page 66,Westerly of that Pornonof Cedar:itreet Vacated in the City of Kent
Ordinance#2477
RECEIVED
JUN 1 4 2005
rNo�FHr•OF Kr-NT
F.'ANAGEMENT
i
I
RECEIVED
I't JUN 04 2005
I� CITY OF KENT
Cltt of KEtIT PERMIT CENTER
CITI CLERK
EXHIBIT "A"
Page 3 of 3
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: AMRIK WAREHOUSE BUILDING INFRASTRUCTURE, BILL
OF SALE—ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for Amnk Warehouse
Building Infrastructure Improvements submitted by John J. Pittman for continuous
operation and maintenance of 175 feet of watermain and 289 feet of storm sewer.
Bonds to be released after the maintenance period. This project is located at 18817 84h
Avenue South.
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 $
r6. CITY COUNCIL ACTION:
ICouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
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Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: AUTUMN GLEN INFRASTRUCTURE IMPROVEMENTS, BILL
OF SALE— ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for Autumn Glen
Infrastructure Improvements submitted by Hal P. Grubb for continuous operation
and maintenance of 690 feet of watermain, 105 feet of sewers, 800 feet of street
improvements and 933 feet of storm sewer. Bonds to be released after the maintenance
period. This project is located at SE 272nd and 105d' Avenue SE.
r
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 $
i6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
r
DISCUSSION:
ACTION:
Council Agenda
Item No. 61
1
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tumn Glenn
roject Location a ;r
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Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: 5TH AVENUE VENTURE INFRASTRUCTURE IMPROVEMENTS,
BILL OF SALE — ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for 5`h Avenue Venture
Infrastructure Improvements submitted by Pat Taitano for continuous operation and
maintenance of 60 feet of watermain, 345 feet of street improvements and 97 feet of
storm sewer. Bonds to be released after the maintenance period. This project is located
at 840/926 5`h Avenue South.
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. W
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Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
i1. SUBJECT: MID-YEAR BUDGET ADJUSTMENT ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. 3 7 5-8 approving the
consolidating gross budget adjustment ordinance totaling $20,087,991 for budget
adjustments made between January 1, 2005 and June 30, 2005. T
t,
exclu ,
$1 ,
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Yes Revenue? Yes
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund Various Amount $1,551,392
Unbudgeted Revenue: Fund Various Amount $ 764,305
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 2005 budget for adjustments
made from January 1, 2005,to June 30, 2005.
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. - Budget Adjustment. The 2005 City budget is amended to
I
include budget fund adjustments as summarized and set forth in Exhibit "A," which is
attached and incorporated by this reference. Authorized positions are increased by 2.75
Tull-time equivalents.
SECTION2. -Ratification Any act consistent with the authority and prior
Ito the effective date of this resolution is hereby ratified and affirmed.
SECTION 3. - Severability If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional by a court of competent
urisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this ordinance
1 2005 First Hatf Budget Adjustments
i
1
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
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
II �
PASSED: day of , 2005.
APPROVED: day of 2005. '
PUBLISHED day of 2005.
I hereby certify that this is a true copy of Ordinance No. passed
y the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
1Cjv,AORDINAYCETudgetAd)ustment-20N-1st dm
2 2005 First Half Budget Adjustments ,
City of Kent
Budget Adjustment Ordinance
Adjustments January 1, 2005 to June 30, 2005
Exhibit A
Adjustment
Fund Title Ordinance
001 General Fund 470,348
110 Street Fund 11,619
150 Capital Improvement Fund 547,195
L160 Criminal Justice Fund 10,809
180 Housing & Comm Dev Fund 96,052
190 Other Operating Projects Fund 214,027
220 Non-Voted Debt Service Fund (5,491)
310 Street Capital Projects Fund 2,850,919
320 Parks Capital Projects Fund 3,351,370
330 Other Capital Projects Fund 2,252,000
350 Facilities Capital Projects 325,000
410 Water Operating Fund 433,750
440 Sewerage Operating 6,425,611
480 Golf Operating 3,082,000
560 Insurance Fund 22,782
' Total Gross Budget Change 20,087,991
Less:
Internal Service Funds 0
Other Transfers (1,066,638)
Internal Transfers (5,136,893)
Subtotal (6,203,531)
' Total Net Budget Change 13,884,460
r
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
l. SUBJECT: CAPITAL PROJECTS REIMBURSEMENT RESOLUTION—
ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No. r 70� designating the
Finance Director as the official authorized to project reimbursements. The
Administration plans to begin construction on the Service Club Ball Fields with an
anticipated unfunded cost of$2.2 million and will also be in the planning stages of the
Town Square Plaza with an undetermined budget. Since the funding for both of these
projects is anticipated to be a Limited Tax General Obligation Bond issue, it would be
in the best interest of the City to only incur the issuance costs for a single bond issue
instead of two. This resolution will allow, under the IRS guidelines, the City to
advance the funds for the Service Club Ball Fields project and reimburse the City from
the ultimate proceeds of the bond issue. There are sufficient unspent funds in our
capital projects accounts in projects authorized and funded but not under construction
for this advance of funds to occur
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Operations Committee
' (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:
rCouncilmember moves, Councilmember seconds
r
DISCUSSION:
ACTION:
Council Agenda
Item No. 6L
r
r
r
r
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Kent, Washington, designating the Finance Director as the
official authorized to make declarations of official intent to
reimburse certain funds advanced for projects on behalf of
the City, and repealing any prior declarations.
RECITALS
rA. The City of Kent ("City") may, from time to time, make expenditures for
capital projects or may make certain extraordinary working capital expenditures from
funds that are available but that are not (and are not reasonably expected to be) reserved,
allocated on a long-term basis, or otherwise set aside for those expenditures. Under these
circumstances, the City would expect to be reimbursed for those expenditures from
proceeds of tax exempt bonds or other obligations ("bonds") issued to finance those
expenditures.
' B. The "federal reimbursement regulations" relating to the use of proceeds
of bonds to reimburse the issuer of the bonds for expenditures made before the issue
date of the bonds require, among other things, that not later than 60 days after payment
of the original expenditure the City (or any person designated by the City to do so on
its behalf) declare a reasonable official intent to reimburse those expenditures from the
proceeds of the bonds.
1 Project Reimbursement for
Funds Advanced—Finance Director Discretion
r
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, '
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS-
RESOLUTION
SECTION 1. -Designation of Official to Declare Official Intent. The Finance
Director of the City is designated to make declarations of official intent, substantially in
the form attached to this resolution as Exhibit A or in such other form as shall be
prescribed by Treasury Regulation Section 1.103-18, on behalf of the City as may be '
necessary or appropriate from time to time for any purpose under, and in compliance
with,the requirements of the federal reimbursement regulations.
SECTION 2. - Ratification and Confirmation Any actions of the City or its 1
officers prior to the date thereof and consistent with the terms of this resolution are
ratified and confirmed.
SECTION 3.- Repealer. Any prior designations of City officials authorized r
to make declarations of intent pursuant to the federal reimbursement regulations are
repealed. Declarations previously made by them shall stand.
SECTION 4. - Severability 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 S. -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 2005.
r
2 Project Reimbursement for
Funds Advanced—Finance Director Discretion
CONCURRED in by the Mayor of the City of Kent this day of
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER,CITY CLERK
APPROVED AS TO FORM:
FOSTER PEPPER& SHEFLEMAN PLLC
1 Bond Counsel to the City
3 Project Reimbursement for
Funds Advanced—Finance Director Discretion
EXHIBIT A
Declaration of Official Intent to Reimburse i
Expenditures from Proceeds of Bonds
I,the undersigned, Robert Nachlmger, am the duly appointed, qualified and acting Finance Director of the City
of Kent, Washington (the "City"), and, as such, have been designated by the City to make declarations of official intent
on behalf of the City when necessary or appropriate for any purpose under, and in compliance with,the requirements of '
certain federal regulations(the "federal reimbursement regulations")relating to the use of proceeds of tax exempt bonds
or other obligations ("bonds") to reimburse the City for capital expenditures (and certain extraordinary working capital
expenditures) made by the City before the issue date of the bonds On behalf of the City, I make the following
declaration of official intent under the federal reimbursement regulations.
1. Description of Project for Which Expenditures are to be Made The City intends to make (and/or,not
more than 60 days before the date of this declaration,has made)expenditures,and reasonably expects to reunburse itself '
for those expenditures from proceeds of bonds, for the following project,property, or program (the "Project")described
as[insert description]:
2. Maximum Principal Amount of Obligations Expected to be Issued for the Protect. The City expects
that the maximum principal amount of bonds that will be issued to finance the Project will be S
3. Declaration Reasonable I have reviewed the existing and reasonably foreseeable budgetary and
financial circumstances of the City, and have determined that the City reasonably expects to reimburse itself for '
expenditures for the Project from proceeds of bonds because the City has no funds available that already are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for those
expenditures on the Project. '
4. Limitations on Uses of Reimbursement Amounts The City will not, within one year after the
expected reimbursement, use amounts corresponding to proceeds received from bonds issued in the future to reunburse
the City for previously paid expenditures for the Project in any manner that results in those amounts being treated as
replacement proceeds of any tax exempt bonds, i e, as a result of being deposited in a reserve fund, pledged fund,
sinkmg fund, or similar fund(other than a bona fide debt service fund)that is expected to be used to pay principal of or
interest on tax exempt bonds The City will use those amounts in any manner that employs an abusive arbitrage device '
to avoid arbitrage restrictions
5. Date of Declaration This declaration of official intent is dated 200
CITY OF KENT,WASHINGTON r
By 1
Robert Nachlinger,Finance Director
4 4 Exhibit A-
Project Reimbursement far
Funds Advanced—Finance Director Discretion '
Error'Unknown document property none
' CERTIFICATION
I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby
certify as follows•
1. The attached copy of Resolution No. (the "Resolution") is a full, true and
correct copy of a resolution duly adopted at a regular meeting of the City Council of the City
' held at the regular meeting place thereof on July _, 2005, as that Resolution appears on the
minute book of the City; and the Resolution will be in full force and effect following its approval
and adoption; and
2. A quorum of the members of the City Council was present throughout the meeting
and a majority of those members present voted in the proper manner for the adoption of the
1 Resolution
IN WITNESS WHEREOF, I have hereunto set my hand this day of July, 2005.
CITY OF KENT, WASHINGTON
1 BRENDA JACOBER, City Clerk
5 Project Reimbursement for
Funds Advanced—Finance Director Discretion
Error'Unknown document property name.
' Kent City Council Meeting
Date August 2, 2005
' Category Consent Calendar
1. SUBJECT: LODGING TAX ADVISORY BOARD MEMBER
APPOINTMENTS — CONFIRM
2. SUMMARY STATEMENT: As recommended by the Operations Committee,
approve the appointment of Jacquie Alexander (Executive Director of the Kent
Downtown Partnership) and Denise Gray (Manager of the Marriott Town Place Suites
in Kent) to additional three-year terms on the Lodging Tax Advisory Board.
3. EXHIBITS• None
4. RECOMMENDED BY: Operations 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 $
t6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6M
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE ARTS COMMISSION ARTS EDUCATION
FIRST STEP GRANT—ACCEPT AND AMEND BUDGET
' 2. SUMMARY STATEMENT: Accept the Arts Education First Step Grant from the
Washington State Arts Commission in the amount of$4,000 for arts curriculum
training, and authorize the expenditure of funds in the Arts Commission budget.
Staff applied for and received the Arts Education First Step Grant for $4,000 from the
Washington State Arts Commission to train Kent School District teachers in arts
curriculum.
3. EXHIBITS: Washington State Grant No. 06-FSG-03
' 4. RECOMMENDED BY: Parks and Human Services 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 10006222.64190.4310 Amount $4,000.00
Unbudgeted Revenue: Fund 10006222.56710 4310 Amount $4,000.00
' 6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
r
--
�' n
✓y o`
STATE OF WASHINGTON
WASHINGTON STATE ARTS COMMISSION
711 Capitol Vila),S,Suite 600,PO Sox 42675 Olympia,WA 48504-2675
(360) 753-3860 •FAX (360) 586-5351
i
24 May 2005
1
' Brenda Abney, Visual Arts Coordinator
City of Kent Arts Commission
220 Fourth Ave. S
' Kent, WA 98032-5895
Dear Brenda Abney:
Congratulations I am pleased to inform you that the grant review panel recommended
and the Commission approved funding of your organization's Arts Education First Step
Grant request in the amount of$4,000 for the 2005-2006 school term
Your application was rated in the"A"category.Enclosed are an explanation of the
ranking process, your ranking and the compiled comments of the panelists.
We will be sending you a contract and directions in late July Activities funded by this
grant may begin after your organization's authorizing official and our executive director
have signed the contract Funded activities may continue through June 30, 2005.
If you are interested in additional feedback about your application or questions about next
' steps please feel free to contact the Arts in Education office at 360-586-2418.
S' erely,
i
A2Doroth cCuistion
Temporary Manager
Arts in Education Program
1
r
May t 1, 2005
2005-2006 First Step Applications, Panel Ratings and Comments
A total of 20 points earned were possible for each application. Panelist's points were averaged '
for the final rating.The panel divided the applications into "A","B", "C" and"D" categories
based on ratings;
• 1 point for legibility, accuracy,completeness; '
• 3 points for the partnetshtp,
• 10 points for the proposal narrative;
• 3 points for the budget, '
• 2 points for artistic and educational expertise; and
• 1 point for letters of support.
Proposals receiving 18.1 points and above were rated"A" and were recommended for 100%of
funding requested.
Proposals receiving 17 2-18 points were rated"B"and were recommended for 80% to of funding
requested.
Proposals receiving 16- 17 points were sated"C" and were recommended for 77%* of funding
requested
Proposals receiving below 16 points are not recommended for funding.
To help you understand why your proposal was rated as it was by the panel,carefully review the '
put-pose and goals in the First Step grant guidelines.
Applications that received low ratings and were not funded usually contained more than one
discrepancy.These proposals
• Often were essentially based on the old"artist residency" model. A plan to sustain arts
leatmng beyond the residency was not indicated.
• Often were artist-or parent-centered without showing evidence of the enthusiastic
support of the school administration, or were school-driven without evidence of a solid
partnership with an artist or arts organization.
• Did not indicate that this "first step" would lead to a more developed arts curriculum in
the following year or years to come.
• Only cursorily mentioned the EALR's, indicating either a lack of understanding or no
solid plans to address them
• Gave vague information about the specific nature of the project (such as exact number of
students and/or teachers,exact number of artist contact hours with students or teachers,
exact number of days over exact number of weeks etc.).
May 11, 2005
2005-2006 Hist Step Applications, Panel Ratings and Comments
Kent Arts Commission Panel Rating: 18.5
"A"Category
' Panel Comments:
Legibility, accuracy,completeness: no comments
' Partnership- Utilizing Arts Impact, a good model.
Proposal: could have said more about the whole school, plans for going forward
Budget: no comments
' Artistic &educational expertise: no comments
Letteis• Letter from school district clearly states the need and intent to make the best use
of this opportunity.
' General comments: no comments
WASHINGTON STATE ARTS COMMISSION
Program: Arts In Education,First Step
Contract No.06-FSG-03
GRANT CONTRACT '
THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711
Capitol Way S,STE 600,PO Box 42675,Olympia,WA 99504-2675 hereinafter referred to as the COMMISSION,and ,
Name City of Kent Arts Commission
Physical 220 Fourth Ave S '
Address
Kent, 6V.498032-5895
Mailing 220 Fourth Ave S '
Address-
Kent, WA98032-5895
Phone No (253)856-5058
E-mail '
artscanmission@ci kern wa.us
Washington State UBI No N/A
Federal Employee ld No. 91-6001254 ,
Social Security Number jar/`I
hereinafter referred to as the CONTRACTOR.
THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS•
A PURPOSE OF CONTRACT '
This Conti act sets out the terms and conditions by which the COMMISSION awards a grant to the CONTRACTOR
for the purpose of developing,sponsoring,piomoting or ath uiustenng an activity,project or program which is related
to the growth and development of the arts and humanities in the State of Washington RCW 43.46 provides the
statutory authorization for making the grant The funding is adri nistered under WAC Title 30.
B DESCRIPTION OF THE ACTIVITY.PROJECT,OR PROGRAM
CONTRACTOR shall use funds awarded under this Contract solely for Artists In Residence Grant as described in ,
Attachment A-Scope of Work
C. AMOUNT OF GRANT
1 The Commission awards State Funds in the amount of FOUR THOUSAND AND 00/100($4,000.00)to the '
CONTRACTOR.
2 The Commission awards Federal Funds in the amount of ZERO AND 00/100($0.00)to the CONTRACTOR-
Applicable only if Contract includes Federal Funds: '
Federal Catalog of Domestic Assistance No N/A
Federal Grant No AAA ,
3. The Commission awards private funds in the amount of ZERO AND 00/100($0.00)to the CONTRACTOR.
Grant Contract No 06-FSG-03 1
1
4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the
1 COMMISSION.
5 Payments will be made in accordance with the payment schedule set forth in Attachment B
6 The total Commission award to the CONTRACTOR is in the amount of FOUR THOUSAND AND 00/100
($4,000 00)
D CONTRACT PERIOD
Funds are awarded for the period beginning msertJuly 1.2005 to June 30,2006 The CONTRACTOR must expend all
funds by the ending date of this contract Funds not expended by the ending date of this contract shall lapse unless an
extension is requested in writing by the CONTRACTOR and approved in writing by the COMMISSION The
CONTRACTOR shall notify the COMMISSION munediately upon knowledge that any portion of the funds will not
be expended by the end of the fiscal year
' E. CONTRACT REPRESENTATIVES
The following shall be the contact persons for all conununicanons and billings regarding the performance of this
Contract. Either party shall provide written notification to the other of changes in contract representation.
' CONTRACTOR's Contract Representative COMMISSION's Contract Representative
' Name Brenda Abney Narne Christel Ratliff
Title Title Arts Program Manager
Org• City of Kent Arts Commission Org Washington State Arts Commission
' address 220 Fourth Aide S Address* PO Box 42675
Kent, IKrI 98032-5895 Olympia, WA 98504-2675
' phone' j2531356.5058 phone' 360-753-3858
Fax f253)856,6050 Fax 360-586-5351
E-Mail artsconimrssion ci Arent wa us E-Mail Christeh Caai is wa gov
' F. LIMITATION OF AUTHORITY
The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission Only the
COMMISSION's Agent shall have the express,implied,or apparent authonty to alter,amend,modify, or waive any
' clause or condition of this contract The Agent may delegate this authority,but such delegation is effective only if in
writing See General Terns and Conditions for Contract Amendment or Modification procedures.
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the
following,which by this reference,are made a part of this Contract:
' Attachment A: Scope of Work
Attachment B: Payment Schedule
Attachment C: General Terms and Conditions
Attachment D. Final Report Requirements
H. INSURANCE
Automobile Liability In the event that services delivered pursuant to this contract involve die use of vehicles,either
owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to
provide automobile liability insurance The mrmnium limit for automobile liability is-$100,000'$300,000 bodily
injury and$100,000 property damage.
1
Grant Contract No 06-FSG-03 2
I. ENTIRE CONTRACT
This Contract including all attachments contain all the terms and conditions agreed upon by the parties Norther '
understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist
or to bind any of the parties.
J. FINAL REPORT '
The CONTRACTOR shall provide a final report to the COMMISSION within 30 days following the Contract
Period ending date,submitted according to the forms and format identified in ATTACHMENT E.
1
THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract.
City of Kent Arts Commission WASHINGTON STATE ARTS COMMISSION '
(signatur e of party authorized to sign for Kris Tucker
CONTRACTOR) Executive Duector '
Date:
(pruned none ofsignatoi}J
Title '
Date:
APPROVED AS TO FORDO: '
(Signature of Susan Thomsen,Assistant Attorney General,State of Washington,March,2003 on file in fiscal office)
1
Grant Contract No 06-FSG-03 3 '
' GRANT CONTRACT-ATTACHMENT"A"
Scope of Work
Program: First Step Grant Contract No.06-FSG-03
CONTRACTOR: City of Kent Arts Commission
1.The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in
consideration of section(2)of the CONTRACT,shall be received solely for the services and/or
reimbursements described here below:
Proposal and Budget,as outlined in the AIE Arts Education First Step Grant proposal and
' budget attached to this contract.
t
1
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
' 1. SUBJECT: KING COUNTY HUMAN SERVICES COMMUNITY AND
HUMAN SERVICES DEVELOPMENTAL DISABILITIES
GRANT—ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the Community and Human Services
Developmental Disabilities Grant from King County in the amount of$14,000 for the
"Access the Future" computer program, and authorize the expenditure of funds in the
Adaptive Recreation budget.
Again this year the Adaptive Recreation staff applied for and received a Community
and Human Services/Developmental Disabilities Grant from King County to assist in
funding the "Access the Future" computer program.
3. EXHIBITS: King County Grant No. D34674D
4. RECOMMENDED BY: Parks and Human Services 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 10006230.64340.4310 Amount $14,000.00
Unbudgeted Revenue: Fund 10006230.53407.4310 Amount $14,000.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 60
King County Contract No. D34674D
Federal Taxpayer ID No. 91-1085999
Department/Division Community and Human Services/Developmental Disabilities
Agency City of Kent
Protect Title Developmental Disabilities
Contract Amount $ 14,000 Fund Code 0107
Contract Period From. January 1, 2005 To December 31, 2005
KING COUNTY PUBLIC ENTITY SERVICES CONTRACT— 2005
THIS CONTRACT is entered into by KING COUNTY (the"County"), and City of Kent, whose address
is 315 E Meeker Street, Kent, WA 98030, (the"Agency").
WHEREAS, the County has been advised that the following are the current funding sources, funding
levels and effective dates.
tFUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $10,000 01/01/05 to 12/31105
FEDERAL
Federal Catalogue No. $0
STATE $ 4,000 01/01105 to 12/31/05
TOTAL $14,000 01/01/05 to 12/31105
and
WHEREAS,the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Ordinance No 15083,
NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually
agree as follows.
This form is available in alternate formats for
people with disabilities upon request.
City or Kent Page 1 of 17 2005 contract
necessary by the County to ensure proper accounting for all Contract funds and
compliance with this Contract.
B. These records shall be maintained for a period of six years after termination hereof
unless permission to destroy them is granted by the Office of the Archivist in
accordance with Revised Code of Washington (RCW) Chapter 40 14.
C. The Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Contract, of the aforesaid books, records,
documents, and other evidence and shall notify the County in writing of any changes
in location within ten working days of any such relocation 1, 1
VII. AUDITS
A. The Agency shall have an independent audit conducted of its financial statement
and condition, which shall comply with the requirements generally accepted auditing
standards, General Accounting Office Standards for Audits of Governmental
Organizations, Programs, Activities, and Functions; and Office of Management and
Budget Circulars A-21, A-87, A-102, A-122 and A-133, as amended, and as
applicable. The Agency shall provide to the County a copy of the audit report,
including any management letter or official correspondence submitted by the
auditor, its response and corrective action plan for all findings and reportable
conditions contained in its audit. These documents shall be submitted no later than
six months subsequent to the end of the Agency's fiscal year.
B. If the Agency has been examined by the Washington State Auditor, a copy of its
annual report of examination/audit shall be submitted within 30 days of receipt,
which submittal shall constitute compliance with subsection VII.A.
C Additional federal and/or state audit or review requirements may be imposed on the
County, and the Agency shall be required to comply with any such requirements.
Vill. EVALUATIONS AND INSPECTIONS
A The Agency shall provide right of access to its facilities, including those of any
subcontractor to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the services provided under this
Contract. The County shall give advance notice to the Agency in the case of fiscal
audits to be conducted by the County.
B. The records and documents with respect to all matters covered by this Contract
shall be subject at all time to inspection, review, or audit by the County and/or
federal/state officials so authorized by law during the performance of this Contract
and six years after termination hereof, unless a longer retention period is required
by law.
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the
Agency's performance under this Contract and to make available all information
reasonably required by any such evaluation process The results and records of
said evaluations shall be maintained and disclosed in accordance with RCW
Chapter 42.17.
Cdy of Kent Page 3 of 17 2005 Contract
obligation, or service required pursuant to this Contract; and/or(2)the duties,
obligations, or services required herein become impossible, illegal, or not feasible.
If the Contract is terminated by the County pursuant to this Subsection XI B. (1), the
Agency shall be liable for damages, including any additional costs of procurement of
similar services from another source.
If the termination results from acts or omissions of the Agency, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Agency shall return to the County immediately any funds,
misappropriated or unexpended, which have been paid to the Agency by the
County.
C. If County expected or actual funding is withdrawn, reduced, or limited in any way
prior to the termination date set forth in this Contract and its attached Exhibits, the
County may, upon wntten notification to the Agency, terminate this Contract in
whole or in part.
If the Contract is terminated as provided in this Subsection: (1)the County shall be
liable only for payment in accordance with the terms of this Contract for services
rendered prior to the effective date of termination, and (2) the Agency shall be
released from any obligation to provide such further services pursuant to the
Contract as are affected by the termination.
Funding or obligation under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to support
the activities described in the Contract. Should such appropriation not be approved,
this Contract will terminate at the close of the current appropriation year.
D. The Agency may terminate this Contract upon seven days written notice, should the
County commit any material breach of this Contract.
E. This Contract may be terminated by the Agency without cause, prior to the date
specified by providing the County 90 days advance written notice of the termination.
The Agency shall provide the County 90 days advance written notice of its intent not
to renew this Contract, in whole or in part.
F. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract or law that either party may have in the event that the obligations,terms,
and conditions set forth in this Contract are breached by the other party.
Xll. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as expressly
set forth in this Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Agency is an independent Contractor,
and neither it nor its officers, agents, or employees are employees of the County for
any purpose The Agency shall be responsible for all federal and/or state tax,
industrial insurance, and Social Security liability that may result from the
City of Kent Page 5 of 17 2005 Contract
F. To the extent that an Agency Subcontractor fails to satisfy its obligation to defend '
and indemnify King County as detailed in Section XVILB. of this Contract, the
Agency shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims,judgments, and/or awards or
damages arising out of, or in any way resulting from,the negligent act or omissions
of the Agency's Subcontractor, its officers, employees, and/or agents in connection
with or in support of this Contract.
G. Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Contract
XIV. INSURANCE REQUIREMENTS ,
A By the date of execution of this Contract, the Agency shall procure and maintain for
the duration of this Contract, insurance against claims for injunes to persons or
damages to property which may arise from, or in connection with, the performance
of work hereunder by the Agency, its agents, representatives, employees, and/or
subcontractors The costs of such insurance shall be paid by the Agency or
subcontractor The Agency may furnish separate certificates of insurance and
policy endorsements for each subcontractor as evidence of compliance with the
insurance requirements of this Contract The Agency is responsible for ensuring
compliance with all of the insurance requirements stated herein. Failure by the
Agency, its agents, employees, officers, and or subcontractors,to comply with the
insurance requirements stated herein shall constitute a material breach of this
Contract.
For All Coverages: Each insurance policy shall be written on an"occurrence"form;
except that insurance on a "claims made"form may be acceptable with prior County
approval.
If coverage is approved and purchased on a "claims made" basis, the Agency
warrants continuation of coverage, either through policy renewals or the purchase of
an extended discovery period, if such extended coverage is available, for not less
than three years from the date of Contract termination, and/or conversion from a
"claims made"form to an "occurrence" coverage form
By requiring such minimum insurance, the County shall not be deemed or construed
to have assessed the risks that may be applicable to the Agency under this
Contract The Agency shall assess its own risks and, if it deems appropriate and/or
prudent, maintain greater limits and/or broader coverage.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies,which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(ies) Nothing contained within this provision shall affect
and/or after the application of any other provision contained within this Contract.
City of Kent Page 7 of 17 2005 Contrail
3. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage. Except if the transport of clierts by
Agency personnel is involved, then Risk Management will review the
appropriate amount of coverage
i4. Workers' Compensation Statutory requirements of the state of residency.
5. Stop Gap/Employers Liability- $1,000,000
D. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by,
the County The deductible and/or self-insured retention of the policies shall not
apply to the Agency's liability to the County and shall be the sole responsibility of the
Agency.
E. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions
1. Liability Policies Except Professional and Workers Compensation
a. The County, its officers, officials, employees, and agents are to be
covered as additional insureds as respects liability arising out of
activities performed by or on behalf of the Agency in connection
with this Contract.
b. The Agency's insurance coverage shall be primary insurance as
respects the County, its officers, officials, employees, and agents.
Any insurance and/or self-insurance maintained by the County, its
offices, officials, employees, or agents shall not contribute with the
Agency's insurance or benefit the Agency in any way.
C. The Agency's insurance shall apply separately to each insured
against whom claim is made and/or lawsuit is brought, except with
respect to the limits of the insurer's liability.
2. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage
or in limits, except by the reduction of the applicable aggregate limit by
claims paid, until after 45 days prior written notice has been given to the
County.
F. Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed witn insurers
with a Bests' rating of no less than A: Vill, or, if not rated with Bests, with minimum
surpluses the equivalent of Bests' surplus size Vlll
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with a Bests' rating of B+VII Any exception must be approved by King County.
City of Kent Page 9 of 17 2M5 Contract
orientation or the presence of any mental or physical disability in an otherwise
qualified disabled person.
C. Compliance with laws and Regulations
The Agency shall comply fully with all applicable federal, state and local laws, i
ordinances, executive orders and regulations that prohibit discrimination. These
laws include, but are not limited to, KCC 12.17, RCW Chapter 49 60, Titles VI and
VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the
Restoration Act of 1987 The Agency shall further comply fully with any affirmative
action requirements set forth in any federal regulations, statutes or rules included or
referenced in the contract documents.
D. Small Business and Minority and Women Business Enterprise Opportunities
King County encourages the Agency to utilize small businesses, including Minority-
owned and Women-owned Business Enterprises ("M/WBEs") in County contracts
The County encourages the Agency to use the following voluntary practices to
promote open competitive opportunities for small businesses, including MIWBEs:
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the
County, to provide project information and to inform small businesses and
other firms of contracting and subcontracting opportunities
2. Placing all qualified small businesses, attempting to do business in King
County, including M/WBEs, on solicitation lists, and providing written notice
of subcontracting opportunities to these firms capable of performing the
work, including without limitation all businesses on any list provided by the
County, in sufficient time to allow such businesses to respond to the written
solicitations
3. Breaking down total requirements into smaller tasks or quantities, where
economically feasible, in order to permit maximum participation by small
businesses, including M/WBEs.
4. Establishing delivery schedules, where the requirements of this Contract
permit, that encourage participation by small businesses, including
M/WBEs.
5. Providing small businesses, including M/WBEs that express interest with
adequate and timely information about plans, specifications, and
requirements of the Contract.
6. Using the services of available community organizations, contractor
groups, local assistance offices,the County, and other organizations that
provide assistance in the recruitment and placement of small businesses,
including M/WBEs.
7. The Washington State Office of Minority and Women's Business
Enterprises (OMWBE) can provide a list of certified IVIMBEs. Contact
OMWBE office at 360-753-9693 or on-line through the web site at
www wsdot wa oov/omwbe/.
Cdy of Kent Page 11 of 17 2005 Contrail
XVII. SUBCONTRACTS AND PURCHASES
A The Agency shall include the above Sections IV, V, VI, VII, XII, XIII, XIV,XV, and
XVI, in every subcontract or purchase agreement for services which relate to the
subject matter of this Contract
B The Agency agrees to include the following language verbatim in every subcontract,
provider agreement, or purchase agreement for services which relate to the subject
matter of this Contract.
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees and agents from any and all costs, claims, judgments,and/or
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employees, and/or agents in connection with
or to support of this Contract. Subcontractor expressly agrees and understands that
King County is a third party beneficiary to this Contract and shall have the right to
bring an action against subcontractor to enforce the provisions of this paragraph"
XVIII. CONFLICT OF INTEREST
KCC Chapter 3 04 is incorporated by reference as if fully set forth herein, and the Agency
agrees to abide by all conditions of said chapter Failure by the Agency to comply with any
requirement of said KCC Chapter shall be a material breach of contract
A. The Agency covenants that no officer, employee, or agent of the County who
exercises any functions or responsibilities in connection with the planning and
implementation of the program funded herein, or any other person who presently
exercises any functions or responsibilities in connection with the planning and
implementation of the program funded herein shall have any personal financial
interest, direct or indirect, to this Contract The Agency shall take appropriate steps
to assure compliance with this provision.
B. If the Agency violates the provisions of Subsection XVIII. or does not disclose other
interests required to be disclosed pursuant to KCC Chapter 3 04, the Courty shall
not be liable for payment of services rendered pursuant to this Contract. Violation of
this Section shall constitute a material breach of this Contract and shall De grounds
for termination pursuant to Section XI above, as well as any other right or remedy
provided in this Contract or law
XIX. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Contract shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. The Agency agrees that any equipment purchased, in whole or in part, with Contract
funds at a cost of$1,000 per item or more as stated in the KCC Code and any
changes thereafter as amended in the code, when the purchase of such equipment
is reimbursable as a Contract budget item, is upon its purchase or receipt the
property of the County and/or federal/state government.
City of Kent Page 13 of 17 2305 Contract
the cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper.
If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper,
the Agency may notify the Contract Administrator,who may waive the recycled paper
requirement.
The Agency shall use both sides of paper sheets for copying and printing and snall use
recycled/recyclable products wherever practical in the fulfillment of this Contract.
XXV. ENTIRE CONTRACTJWAIVER OF DEFAULT ,
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded Both
parties recognize that time is of the essence in the performance of the provisions of this
Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent
default Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XXVI. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor agree, when applicable, to abide by the terms of the
Revised Code of Washington, rules and regulations promulgated thereunder, the Basic
Interagency Contract between the Department of Social and Health Services and King
County, as amended, and regulations of the state and federal governments, as applicable,
which control disposition of funds granted under this Contract, all of which are incomorated
herein by reference
In the event that there is a conflict between any of the language contained in any exhibit or
any attachment to this Contract, the language in the Contract shall have control over the
language contained in the exhibit or the attachment, unless the parties affirmatively agree in
writing to the contrary.
XXVIL CONFIDENTIALITY ✓�
The Agency agrees that all information, records, and data collected in connection with this
Contract shall be protected from unauthorized disclosure in accordance with applicable state
and federal law
XXVIII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTBILITY ACT
OF 1996 fHIPAAI
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 CFR Parts 160 and 164.
A. Obligations and Activities of the Agency
1. The Agency agrees not to use or disclose protected health information
other than as permitted or required by law.
2. Implement administrative, physical, and technical safeguards that
reasonably and appropriately protect the confidentiality, integrity, and
City of Kent Page 15 of 17 2005 Contract
2. In the event the Agency determines that returning or destroying the
protected health information is infeasible, the Agency shall provide to King
County notification of the conditions that make return or destruction
infeasible. Upon notification that return or destruction of protected health
information is infeasible,the Agency shall extend the protections of the
Contract to such protected health information and limit further uses and
disclosure of such protected health information to those purposes that
make the return or destruction infeasible, for so long as the Agency
maintains such protected health information.
KING COUNTY CITY OF KENT
7 FOR /
King Co xecuti Si Pature
(?d zgl b*
Date L I NAME (Please type or print)
Izhz /o4
Date
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
October 4, 2014
1
City of Kent Page 17 of 17 2005 Contract
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: SECOND QUARTER FEE-IN-LIEU OF FUNDS —ACCEPT AND
AMEND BUDGET
2. SUMMARY STATEMENT: Accept the fee-in-lieu of funds from developers in the
amount of$101,400, and authorize the expenditure of funds in the Turnkey
Neighborhood Park budget, East Hill Skate Park budget and 272nd Street Park budget.
Between April and June 2005, the City received a total of$101,400 from two
developers who voluntarily paid fees (City Ordinance 2975), based on assessed land
values in lieu of dedicating park land, to mitigate the development of single family
homes in two subdivisions and one property purchase. TLT Development LLC paid
$55,950 for the Morgan's Place development, SWG Construction paid S11,400 for
the Jarm Lane development and the City of Kent Engineering paid $34,050 for the
Ramstead Pointe development.
3. EXHIBITS: Revenue report
4. RECOMMENDED BY: Parks and Human Services 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 P20037 Amount $55,950.00
Unbudgeted Expense. Fund P20045 Amount $11,400.00
Unbudgeted Expense: Fund P20093 Amount $34,050.00
Unbudgeted Revenue: Fund P20013.56730 Amount $101,400.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
j
DISCUSSION:
ACTION:
Council Agenda
Item No 6P
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� V do- m d d d a-
ct: a
rKent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
AQUATIC LANDS ENHANCEMENT ACCOUNT GRANT—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the Aquatic Lands Enhancement Grant from
the Interagency Committee for Outdoor Recreation in the amount of$498,836 for
development of Riverview Park, approve the expenditure of funds in the Riverview
Park budget, and authorize the Mayor to sign the agreement, upon review by the City
Attorney.
In 2004, Park staff applied to the Interagency Committee for Outdoor Recreation (IAC),
Aquatic Lands Enhancement Account (ALEA) for funds to support the development of
Riverview Park, a new 15-acre community park. Amenities to include: car top boat
launch, accessible fishing area, picnic shelter, picnic tables, restroom, parking, walking
trail, interpretive signs, open grass area, trailhead for the Green River Trail and salmon
and wildlife enhancement.
3. EXHIBITS: Grant agreement #04-1249D
4. RECOMMENDED BY: Parks and Human Services 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 P20060 Amount S498,836.00
Unbudgeted Revenue: Fund P20060.53405 Amount $498,836.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
tACTION:
Council Agenda
Item No. 6Q
0�,Interagency Committee for Outdoor Recreation Salmon Recovery Funding Board 3601902-2E36
360,902-3026 (fax) 360/902-3026 (fax)
email tr;o,a jac wa gov email salmon 4 iac wa gov
STATE Or WASHINGTON
OFFICE OF THE INTERAGENCY COMMITTEE
1111 Washington Street SE
PO Box 40917
Olympia WA 98504-0917
July 15, 2005
L Lon Flemm
Kent Parks, Rec&Comm Sery
220 4th Ave S
Kent, WA 98032-5895
RE Riverview Park Development, IAC#04-1249D
Dears of -mm
Congratulations on your successful application for the Riverview Park Development project.Your project is
administered by the Interagency Committee for Outdoor Recreation(IAC) Enclosed are two original sets of
project agreement materials Each set contains the Project Agreement, Milestone Report, Eligible
Reimbursement Activities Report, and an Invoice Voucher Also enclosed are policy manuals for reference
as you implement your project and seek reimbursement After reviewing your Project Agreement materials,
please have the appropriate person sign each Project Agreement and return one signed original Once the
Project Agreement is signed and returned,the Riverview Park Development project can commence
Prompt implementation and completion of your project is extremely important and will ensure the continuing
success and credibility of the Aquatic Lands Enhancement Acct by demonstrating effective results to
citizens and policy makers
We encourage you to offer appropriate media opportunities to help build public awareness of the projects
purposes and benefits Acknowledging the assistance provided by this grant program helps increase the
public's understanding of the value the funding provides to communities Please notify your IAC project
manager of any event celebrating your project's beginning or completion
As always, staff is available to answer questions that may arise during project implementation If you need
assistance, please contact Darrell Jennings at(360)902-3020 or darrellj@lac wa gov
Thank you again for helping make this valuable investment in Washington State's recreation, conservation,
and natural resources
Sincerely,
Laura E Johnson
Director
Enclosures
AGRECVR RPIT
ALEA Project Agreement
Aquatic Lands Enhancement Acct
IProject Sponsor: City of Kent Protect Number: 04-1249D
Protect Title. Riverview Park Development Approval Date: 5111/2005
A. PARTIES OF THE AGREEMENT
This Protect Grant Agreement(Agreement)is entered into between the Interagency Committee for Outdoor
Recreation (IAC), P O Box 40917,Olympia,Washington 98504-0917 and City of Kent,220 Fourth Ave S, Kent,WA
98032-5895(Sponsor)and shall be binding upon the agents and all persons acting by or through the parties
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Aquatic Lands Enhancement
Acct of the State of Washington's General Fund The grant is administered by the IAC to the Sponsor for the protect
named above
C. DESCRIPTION OF PROJECT
The subject Project is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on-going obligation for the above project is perpetual unless otherwise identified in this
Agreement.
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin on July 11,2005 and end on June 30,2007.No expenditure made
before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement
F. PROJECT FUNDING
The total grant award provided by the IAC for this project shall not exceed$498,836 00 The IAC shall not pay any
amount beyond that approved for funding of the project The Sponsor shall be responsible for all total project costs
that exceed this amount The contribution by the Sponsor toward work on this project at a minimum shall be as
indicated below
Percentage Dollar Amount
IAC -Aquatic Lands Enhancement Acct 45 68% $498,836 00
Project Sponsor 54 32% $593,108 00
Total Project Cost 10000% $1,091,94400
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments,including
the Sponsor's Application,Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions,all of which are attached hereto and incorporated herein
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided in writing All such alterations,except those concerning the period of performance, must be signed by both
parties Period of performance extensions need only be signed by IAC's Director
The Sponsor has read,fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
ALEA Proiect Aqreement Aquatic Lands Enhancement Acct
Chapter 79.24 580 RCW, Chapter 286 WAC Page 1 of 2
✓� PROJAGR RPT
H. COMPLfANCE WITH APPLICABLE STATUTES,RULES,AND 1AC POLICIES
This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and
regulations, including Chapter 79 24 580 RCW,Chapter 286 WAC and published agency policies,which are
incorporated herein by this reference as if fully set forth
1. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS
(none)
J. FEDERAL FUND INFORMATION
(none)
K. PROJECT GRANT AGREEMENT REPRESENTATWE
Al written communications sent to the Sponsor under this Agreement will be addressed and delivered to-
Protect Contact IAC
Name Lon Flemm Interagency Committee for Outdoor Recreation
Title. Natural Resources Building
Address, 220 4th Ave S PO Box 40917
Kent, WA 98032-5895 Olympia,Washington 98504-0917
www lac wa govIlacl
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIRE AGREEMENT
This agreement,along with all attachments,constitutes the entire agreement of the parties. No other understandings,
oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This agreement, for project#04-1249D, shall be effective upon signing by all parties.
STATE OF WASHINGTON
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION —7
BY: � ��-- 'f. J DATE:
Laura E.Johnson, Director
PROJECT SPONSOR
BY: DATE:
TITLE:
Pre-approved as to form:
BY* ISI
Assistant Attorney General
ALEA Project Aqreement Aquatic Lands Enhancement Acct
Chapter 79.24.580 RCW,Chapter 286 WAC Page 2 of 2
PROJAGR RPT
Aquatic Lands Enhancement Acct
mom
fliION
Post-Evaluation Project Summary
rTITLE: Riverview Park Development NUMBER: 04-1249D (Development)
STATUS: Board Funded
SPONSOR: City of Kent EVALUATION SCORE: 484545
BOARD RANKING.
COSTS: SPONSOR MATCH:
Aquatic Lands Enhancement Ac $498,836 46% Appropriation 1 Cash
Local $593,108 54% Cash Donations
Donated Labor
Donated Materials
Federal Grant
Total $1,091,944 100% Force Acct-Materials
Grant-Other
DESCRIPTION:
The scope of this project is to develop a fifteen acre waterfront park in the city center of Kent that will include a car
top boat launch, accessible fishing area, picnic tables, salmon and wildlife enhancement/restoration areas,
restroom and picnic shelter, 75 stall parking lot and trails The Green River flows on the south and west sides of
the park. The existing Green River Regional Trail is on the east side of the park The need for public access to the
Green River for fishing, car top boats,and trails is a high priorty in Kent,due to few existing opportunities There is
only one car top boat launch along the river from Auburn to Tukwila, and we desperately need a second safe
launch to put in, drift, and then take out boats. The benefits of this project are that we will double the recreation
opportunties for boat launching, accessible fishing, bank fishing, add 4 mile trail, and enhance the npanan corridor
for improved wildlife and fish habitat
LOCATION INFORMATION:
The project site is located in the City of Kent along the Green River.
COUNTY: King
I SCOPE(ELEMENTS):
Architectural & Engineering Path Signing
Fencing & Gates Permits Site Preparation
Landscaping Restrooms Trails
Lighting Roads Utilities
Park Furniture Sales Tax Water Access Facilities
Parking Shelters
rANTICIPATED ACREAGE:
Acres To Acres To Acres To
ACREAGE TYPE Be Acquired Be Developed Be Renovated
Riparian lands 064
Uplands 9.43
Wetlands
Waterfront To Waterfront To Waterfront To
WATERFRONT TYPE Be Acquired Be Developed Be Renovated
River 315.00 1,11500
FISCAL YEAR: 2006 DATE PRINTED: July 6,2005
1PAPSUMI RPT Riverview Park Development
K
IntnugrntyCommrRn forou om Eligible Reimbursement Activities Report
HECRERTIOH
Project Sponsor: City of Kent Project Number: 04-1249 D
Project Title: Riverview Park Development IAC Approval: 5/11/2005
Development Items:
Items _ Elements Unit _ Quantity Description
Architectural&Engineering A&E development Lump Sum 100
Fencing&Gates Bollards Each 600 metal removable
Fencng&Gates Bollards Each 1700 metal,non-removable
Fencing&Gates Gates Each 1 00 metal,at entrance
Landscaping Grass-hydro seed Acres 600
Landscaping Habitat enhancement Lump sum 1 00 native trees and shrubs in
mdor
riparian
utoma is temporary
Landscaping Irrigation Acres 600 automatic temporary to
establish landscaping
Landscaping Sod amenities Lump sum 100 compost
Landscaping Trees/shrubs Lump sum 12200
Lighting General security Lump sum 300 parR entrance,restmom
doorways,and drop off
area
Park Furniture Benches Each 500 recycled lumber,installed
by eagle scouts
Park Furniture Bike racks Each 1 00
Park Furniture Drinking fountain Each 1.00 Haws,freeze proof
Park Furniture Grills Each 2 00
Park Furniture Picnic pads-concrete Each 11 00 8 foot accessible,
installed by
scouts/volunteers
Park Furniture Tables Each 1900 8 in shelter, 11 on pads
Park Furniture Trash receptacles Each 2000 permanent
Parking Curbs Linear Ft 69000
Parking Parking-asphaltic concrete Spaces 5200 4
Parking Striping Lump sum 3,60000
Parking Wheel stops Each 5200 heavy duty
Path Paths Linear Ft 1.81000 asphalt/12 feet
widelpervious
Path Paths Linear Ft 2,13500 concrete/8-10 feet
widelpervious
Permits Permits Lump sum 400
Restrooms Flush Each 100 232
Roads Roads-asphaltic concrete Linear Ft 2.00 24 feet wide/pervious
asphalt
Sales Tax Sales Tax Lump Sum 1 00
Shelters Kiosk Each 1 00 constructed and installed
by volunteer eagle scout
Shelters Picnic Each 1 00 25 x 36
Signing General park signs Lump sum 300 entrance rules,fishing
regualtons
Signing Interpretive signs Each 500 2
Signing Kiosk signs Lump sum 200 rules,fishing regualtions
Signing Miscellaneous signs Lump sum 400 restrooms,towing at gate,
park closed at dusk
Signing Permanent entrance sign Each 100 Park name at parking lot
entrance
Signing TraffirJdirectionat signs Lump sum 800 accessible parking,one
way,dead end road,trail
signs
Signing Trail signs Each 200 distance marker
Signing Trail signs Each 4.00 green river trail id
Signing Tradheadibulletin board signs Lump sum 200 Green River Trail map
Site Preparation Erosion control Lump sum 100 construction entrance,
sediment trap
Site Preparation Erosion control Lump sum 1 00 silt fence
Site Preparation Grading Acres 600 10,000cy cut
Site Preparation Mobilization Lump sum 200
Site Preparation Non-native plant removal Acres 200
Trails Trails-crushed limestone Linear Ft 9000 6 feet wide,4 inches deep
Utilities Catch basins Each 600 with oil water separators
Utilities Fire hydrant Each 1 00
ELIGREIM RPT July 6,2005 Page* 1
I! Ik" I nreradmey
r.OMIRntllA,
( OUP Eligible Reimbursement Activities Report
REMOTION
Utilities General service connection Lump sum 1 00 electrical
UWdies Lift station Each 1 00
Utilities Sanitary sewer Linear Ft 1,42500
Utilities Storm water retention Lump sum 1 00 stone water pond,swale
Ublibes Surface drainage Lump sum 1 00 swale and culverts
Utilities Underground power Linear Ft 1,28000
Ublifies Water Linear Ft 1,35000
Utilities Water meter Lump sum 1 00 system development
charge, 1 5"meter
Utilities Water meter Lump sum 1 00 system development
charge,2"meter
Utilities Water meter Lump sum 200 new water service,2 inch
meter and 1 5 inch meter
Utilities Water system(sywells Lump sum 1 00 bac flow preventer
Water Access Facilities Fish deaning station Each 1 00 constructed by volunteers
Water Access Facilities Fishing platform Each 300 accessible,50 wide,
Water Access Facilities Ramp-hand carry launch Lump sum 100 12 feet wide,with fish
eddys for fast water
habitat
i
i
I
ELIGREIM,RPT July 6,2005 Page 2
Milestone Report By Project
OM
IK RECCHER ION
Project Number: 04-1249 D
Project Name: Riverview Park Development
Sponsor: Kent City of
IAC Project Manager: Darrell Jennings
x I Milestone Target Date CommentsIDescription
Project Start 07/11/2005
! RFP Complete/Consultant Hired 08/01/2005
A&E Complete/Permits Submitted 01/31/2006
Plans& Specs Reviewed by IAC 01/31/2006
Bid Awarded 04/30/2006
Annual Project Billing 06/30/2006
Proposed Completion Date 04/30/2007
I Construction Complete 06/30/2007
I Project Complete 06/30/2007
Final Docs & Billing to IAC 09/30/2007
X=Milestone Complete
I=Critical Milestone
1MILESTO.RPT JUIv 06, 2005 Page. 1
Press Release Template
City of Kent offered grant to support the improvement or protection of aquatic
lands for public purpose.
(Kent)-City of Kent was awarded a grant of $498,836 from the Aquatic Lands Enhancement Acct.The
grant was awarded by the Interagency Committee for Outdoor Recreation (IAC), and will be used for the
following
The scope of this project is to develop a fifteen acre waterfront park in the city center of
Kent that will include a car top boat launch,accessible fishing area, picnic tables, salmon
and wildlife enhancement/restoration areas, restroom and picnic shelter, 75 stall parking lot
and trails The Green River flows on the south and west sides of the park. The existing
Green River Regional Trail is on the east side of the park The need for public access to
the Green River for fishing, car top boats, and trails is a high priorty in Kent, due to few
existing opportunities There is only one car top boat launch along the river from Auburn to
Tukwila,and we desperately need a second safe launch to put in, drift, and then take out
boats The benefits of this project are that we will double the recreation opportunties for
boat launching, accessible fishing, bank fishing, add 4 mile trail; and enhance the riparian
corridor for improved wildlife and fish habitat
There were sixteen applications submitted for consideration in the Aquatic Lands Enhancement Acct
Each project went through an evaluation process prior to being recommended for funding The IAC
Board approved funding for projects on Wednesday, May 11,2005.
Funding for the Aquatic Lands Enhancement Acct comes from leases on state-owned waterfront sites
and sale of harvest rights for geoduck clams. City of Kent will leverage local contributions totaling
$593,108 with grant monies to implement the project. Total estimated project cost is $1,091,944. IAC is
the state's administrator of the grant program
Contact. Lon Flemm, (253)856-5112 (sponsor project manager)
Darrell Jennings, (360)902-3020, darrellj@iac wa gov(IAC project manager)
I
t
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION FORM A-19 State of Washington
Agency Name INVOICE VOUCHER
Sponsor's Certificate I hereby certify under penalty of perjury that the items
Interagency Committee for Outdoor Recreation and totals listed herein are proper changes for materials,merchandise or
P.O Box 40917 services furnished and/or services furnished to the State of Washington,and
Olympia, WA 98504-0917 that all goods furnished and/or services rendered have been provided without
discrimination because of age,sex,marital status,race,creed, color,
national origin,handicap,religion or Vietnam or disabled veterans status
Sponsor
City of Kent BY
220 S Fourth Ave
Kent,WA 98032-5895 (TITLE) (DATE)
To Be COmp[eted By Spon`sor.
Project Number 04-1249 D Invoice# Billing Period This is a Final Billing?
Project Name Riverview Park Development 1 From To Yes I ] No[ I
Previous Expenditures to Date Costs For This Billing
Project Non-Reimbursable
CATEGORIES A reement Expenditures- match "Total-' Ex nditures Match Total
Development- _ r ,. ,a _ . ,4�� _ - - ,. - - _ ,tir - - - - - - -
Construction $981,669 00 -
A&E $110,275 00 - -
Development Total $1,091,94400
TOTAL $1,091,944 00
FUNDING&EXPENDITURE FORMULA
For IAC Use ONLY
Agreement informationprevious IAC Reimbursements
;-_
Sponsor 54 32% $593,108 00 Total Billed
IAC Federal IAC Share Billed
IAC ALEA 45.68% $498,836 00 IAC Share Approved
IAC- Advance Balance
IAC; Match Owed Balance
Agreement Total: 100 00% $1,091,944 00 IAC Share Retained
IAC Share Paid
Non-Reimbursable Match Bank
DocDate '���= ,`,� vo h CurrentDac Na.°'�:z.;'?r±,,,� :<- Retboa- =aJetidor.Nurnber VendorMessag
SWV0000552-00 04-1249 D
Tian Code '= Fund t n Index = `Oro `lndex`= -,`Sub Ob/Su1b§u6bb,' Pro`eci tt- ' Amount Invoice#
210 02R G20 95000 NZ 1
CeitlficaGono`r'Paymerit .,-
Pro ect Mana er/Dale Release Final Pmt I I Division Supervisor/Date Accountin (Date
1INVOICE.RPT 7 J612005 Current Fundinq
t
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
1. SUBJECT: WILSON PLAYFIELDS CELL TOWER LEASE AGREEMENT—
ACCEPT AND AMEND BUDGET
2. SUMMARY STATEMENT: Accept the annual payment of$15,600 from
VoiceStream PCS III for placement of a cell tower at Wilson Playfields, approve the
expenditure of funds in the Light Pole Replacement budget, and authorize the Mayor to
sign the lease agreement, upon review by the City Attorney.
The City has cell tower leases for several parks: Riverbend Driving Range, West
Fenwick Park, and Russell Road Park. The revenue generated from these leases is
directed to the Light Pole Replacement account because the cell towers are installed on
existing light poles within the parks.
1
3. EXHIBITS: Lease Agreement
4. RECOMMENDED BY: Parks and Human Services 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 P20072 Amount $15,600.00
Unbudgeted Revenue: Fund P20072.56210 Amount $15,600.00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6R
i
1
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY OF KENT,
Washington municipal corporation ("Landlord") and VOICESTREAM PCS III CORPORATION, a
Delaware corporation, with its principal office in Washington located at 12920 SE 38`h Street, Belleiue,
Washington 98006("Tenant").
BACKGROUND
A. Landlord is the owner in fee simple of a parcel of land located in the City of Kent, King
County,Washington, legally described on the attached Exhibit A(the"Property").
B. Tenant is in the communications business and desires to lease that portion of the Property
which is legally described on the attached Exhibit B, together with a nonexclusive access easement,
which is legally described on the attached Exhibit C.
C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth
below
AGREEMENT
In consideration of their mutual covenants,the parties agree as follows:
1. Leased Premises. Landlord leases to Tenant and Tenant leases from Landlord that
portion of the Property legally described on the attached Exhibit B (the"Premises") together with a non-
exclusive easement for ingress,egress and utilities over the adjacent real property legally described on the
attached Exhibit C(the"Access Easement")
IThis Lease is not a franchise nor is it a permit to use the City of Kent's rights-of-way. Any such
franchise or permit must be obtained separately from Landlord.
2. Tenn and Option to Renew This Lease shall commence on the earlier of: (a) nine (9)
months after the date of this Lease has been signed by both parties, or (b) the date Tenant commences
construction of its improvements on the Premises or installation of utilities within the Access Easement
(the "Commencement Date"), and end on the date that is one day before the five year anniversary of the
Commencement Date. Additionally, so long as Tenant is not in default of this Lease, Tenant shall have
the option to rene« this Lease for two (2) additional five (5) year periods subject to the adjustment of
Monthly Rent as described in Section 3 Should Tenant exercise its option to renew this Lease, that
option must be exercised in writing and delivered to Landlord at least ninety(90)calendar days before the
end of the then-current term
3 Rent
a Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the
sum of ONE THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($1,300 00), plus leasehold
tat, if required by law, at a rate established by the State of Washington, currently 12 84%, commencing
on the Commencement Date. Subsequently, the Monthly Rent shall be paid in advance, on or before the
1
t
first day of the month during the term hereof. Monthly Rent shall be mailed to: City of Kent,220 Fourth
Avenue South,Kent,Washington 98032,Attention Facilities Superintendent.
b Tenant shall pay Landlord a late payment charge equal to five percent(5%) of
the Monthly Rent for any payment not paid within five (5)calendar days of when due Any amounts not
paid when due shall bear interest until paid at the rate of two percent(2%)per month.
C. The Monthly Rent during years two (2) through five (5) of each five (5) year
term shall be increased effective as of each anniversary of the Commencement Date by an amount equal
to the greater of four (4) percent or the percentage increase in the CPI over the CPI for the month 12
months prior to the adjustment date "CPI" means the Consumer Price Index for All Urban Consumers,
U S. City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department
of Labor (1982-84 = 100) If the CPI is converted to a different standard reference base or otherwise
revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula
published by the Bureau of Labor Statistics
d The Monthly Rent during the first year of a renewal term will be adjusted to
Market Rent. As used herein, "Market Rent' means the rent paid for similar uses on similar properties in
the greater Puget Sound area If Landlord and Tenant cannot agree upon Market Rent within thirty (30)
days after Tenant presents its proposal for Market Rent, then the matter shall be settled by binding
arbitration by a single arbitrator who has experience in telecommunications real estate leasing matters.
Tenant shall present its proposal for Market Rent when it exercises its option to renew the Lease The
arbitration will be administered by JAMS if the parties have not otherwise agreed to use a different
arbitrator or arbitration process Each party will submit to the arbitrator and each other at least ten (10)
days in advance of the hearing their best offers of Market Rent The arbitrator shall award the Market
Rent figure that is closest to the true Market Rent. The costs of the arbitration shall be bome by the
Tenant Each party will bear the cost of its own attorney's fees.
C. Monthly Rent, and all other consideration to be paid or provided by Tenant to
Landlord shall constitute Rent and shall be paid or provided without offset
4. Use of Premises
a. Tenant shall use the Premises for the purpose of locating, maintaining, replacing,
removing, operating, and upgrading a wireless communications antenna on a pole Tenant shall also use
the Premises for the purposes of constructing,maintaining,replacing,removing, operating, and upgrading
related wireless communication ground equipment, support structures, and cables. The antenna and
related facilities shall collectively be referred to as the "Antennae Facilities" The Premises shall be used
for no other purpose.
b. Tenant shall,at its expense,comply with all applicable present and future federal,
state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health,
radio frequency emissions, other radiation and safety) in connection with the use,operation, maintenance,
construction and/or installation of the Antennae Facilities and/or the Premises.
5 Tenant Improvements,Plans, Bonds
a (1) Tenant may improve the Premises by constructing the Antennae
Facilities. Tenant is required, as part of this Lease, to complete all the items listed in Exhibit D. Tenant
is responsible to provide all labor, materials, and equipment necessary for the items listed in Exhibit D.
Prior to conunencmg construction, Tenant shall submit plans and specifications drawn to scale for all
improvements to Landlord for Landlord's written approval, such approval not to be unreasonably
withheld No improvement, construction, installation or alteration shall be commenced until plans for
such w ork h ave b een approved b y t he Landlord and all necessary permits have been p roperly i ssued.
Landlord's Parks,Recreation& Community Services Departments hall give such a pproNal o r p rovide
Tenant with its requests for changes within thirty (30) working days of Landlord's receipt of Tenant's
work plans The plan and specifications review schedule described above does not apply to the City of
Kent acting as a governmental entity issuing permits and other approvals for the work Tenant is
requesting to perfornt.
(2) All improvements shall be constructed in a workmanlike manner without
the attachment of any hens to the Property and shall be completed in compliance with all permits,
applicable laws, rules, ordinances, and regulations. If any lien is filed, such lien shall be removed from
the Property or bonded over,per RCW 60 04.161,within twenty(20) days of the lien being recorded with
the King County Recorder's office.
b. (1) The Tenant shall remove the Antennae Facilities from the Premises upon
termination of the Lease Such removal shall be done in a workmanlike and careful manner and without
interference or damage to any other equipment, structures or operations on the Premises, including use of
the Premises by Other Provides as described in Section 6 a,Landlord, or any of Landlord's assignees
(2) Upon removal of the improvements (or portions thereof) as provided
above in subpart(1), Tenant shall restore the affected area of the Premises and Access Easement,normal
ivear and tear excluded, to the reasonable satisfaction of the Landlord.
(3) All costs and expenses for the removal and restoration to be performed
by Tenant pursuant to subparts (1) and (2) above shall be bome by Tenant, and Tenant shall hold
Landlord harmless from any portion thereof.
(4) If Tenant requests permission not to remove all or a portion of the
improvements upon termination of this Lease per section 5 b(1), and Landlord consents to such non-
removal, title to the affected improvements shall thereupon be transferred to Landlord and the same
thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved of its duty to
otherwise remove same. All other alterations, improvements and structures located or constructed on the
Premises (except for movable equipment and trade fixtures), shall become the property of Landlord upon
termination of the Lease,except that Landlord may,by written notice to Tenant,require Tenant to remove
all such improvements upon termmation of the Lease Any personal property, equipment, or other
improvements which are not removed upon termination of this Lease shall become the property of
Landlord, at Landlord's option.
C. Tenant shall annually post a bond (or, at Tenant's option, a letter of credit) from
a surety or bank reasonably acceptable to Landlord, in the amount of Fifteen Thousand Dollars
' ($15,000 000). Landlord may use these funds at the termination of the Lease for removal of all
improvements and repair of the Premises and Access Easement should Tenant not comply with the
requirements of this section
6. Use by Other Providers
a. Tenant shall also design and construct all ancillary support facilities, including
any support buildings, so that 1 (one) additional wireless communications provider ("Other Provider")
will have an adequate amount of space to house its own support equipment
b Tenant shall cooperate with each new Other Provider that Landlord leases to in
connection with the Other Provider locating and placing its antennas and other facilities on the Premises
and in the ancillary support facilities.
C. Each new Other Provider shall be solely responsible for the cost of locating and
placing its equipment on the Premises The Other Provider shall also be responsible for any liabilities
that anse from the Other Provider's use of the Premises.
7. Net Lease Landlord shall not be required to make any expenditures of any kind in
connection with this Lease or to make any repairs or improvements to the Premises or Access Easement.
The parties agree that this is a net Lease intended to assure Landlord the rent reserved on an absolute net
basis. In addition to the Monthly Rent reserved above, Tenant shall pay to the parties entitled thereto all
taxes, assessments, insurance premiums,mamtenance charges, and any other direct charges, costs and
expenses against the Premises and Access Easement which may be contemplated under any provisions of
this Lease.
8. Maintenance
a. Tenant shall, at its own expense, maintain the Premises, Access Easement, and
all improvements, equipment and other personal property on the Premises in good working order,
condition and repair Tenant shall keep the Premises and Access Easement free of debris and anything of
a dangerous,noxious or offensive nature or which would create a hazard or undue vibration,heat,noise or
interference T enant shall install, maintain, and replace, when necessary, all landscaping required by
Exhibit D and City of Kent permits.
b. In the event the Landlord or any other tenant undertakes painting, construction or t
other alterations on the Landlord's Property described in Exhibit A, Tenant shall take reasonable
measures, at Tenant's cost, to cover Tenant's equipment, personal property or Antennae Facilities and
protect them from paint and debris fallout which may occur during the painting, construction or alteration
process. This requirement shall not be interpreted as a waiver of any claim Tenant may raise either
against Landlord or any third party due to the Landlord or the third parties' negligence, so long as Tenant
has taken reasonable measures to protect Tenant's equipment,property, and facilities as required above
9. Access Landlord and its agents shall have the right to enter the Premises at reasonable
times to examine and inspect the Premises, provided, however, that in no event will Landlord, its ,
employees, agents or contractors remove, relocate, alter, modify or otherwise tamper with Tenant's
Antennae Facilities Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises at all times
during the term of this Lease
10 Utilities. Tenant shall, at its expense, sepaiately meter charges for the consumption of
electricity and other utilities associated with its use of the Premises and shall timely pay all costs
associated therewith.
I I License Fees Tenant shall pay, as they become due and payable, all fees, charges, taxes
and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the
Premises and Access Easement.
12. Approvals; Compliance with Laws Tenant's use of the Premises and Access Easement is
contingent upon its obtaining all certificates,pernuts,zoning, and other approvals that may be required by
any federal, state or local authority. Tenant shall erect, maintain and operate its Antennae Facilities in
accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be
issued thereafter by the Federal Communications Commission or any other governing bodies.
13. Interference.
a. Tenant's installation, operation, and maintenance of its transmission facilities
shall not damage or interfere in any way with Landlord's activities on the Property. Tenant agrees to
correct, within thirty(30) calendar days,all such actions which materially interfere with Landlord's use of
the Property. Tenant agrees to promptly commence good faith efforts to cure interference upon actual
notice of such interference If the interference cannot be corrected without Tenant's wireless signal
coverage goals from the Premises being materially impacted,Tenant shall have the right to terminate the
Lease
b. Before approving the placement of Antennae Facilities, Landlord may obtain, at
Tenant's expense, an interference study indicating whether Tenant's intended use will interfere with any
existing communications facilities on the Property
C. In the event that an Other Provider requests a lease from Landlord to place any
type of antennae or transmission facility on the Premises, Landlord shall submit a proposal complete with
all technical specifications reasonably requested by Tenant to Tenant for review for noninterference;
however, Landlord shall not be required to provide Tenant with any specifications or information claimed
to be of a proprietary nature by the third party The Other Provider shall be responsible for the reasonable
cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have
fifteen (15) calendar days following receipt of said proposal to make any objections thereto,and failure to
make any objection within said fifteen(15) calendar day period shall be deemed consent by Tenant to the
installation of Antennae or transmission facilities pursuant to said proposal If Tenant gives notice of
objection due to interference during such fifteen (15)calendar d ay period and Tenant's objections are
verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless the Other
Provider modifies the proposal in a manner determined, in Landloi d's reasonable judgment, to adequately
eliminate reasonable interference concerns asserted by Tenant In that case, Landlord may proceed with
the proposal. In the event the Other Provider actually interferes with the operations of Tenant, Landlord
shall make good faith efforts to have the Other Provider cease operation until the interference can be
eliminated A governmental unit maybe allowed to place Antennae or other communications facilities on
the Premises as long as there is no interference with Tenant's use
14. Default. It shall be a default if:
a. Tenant defaults in the payment of Monthly Rent or any other sums payable to
Landlord when due, and does not cure such default within fifteen (15) calendar days after written notice
from Landlord,
b. Tenant abandons or vacates the Premises for a period longer than thirty (30)
days;
C. Tenant fails, at any time during this Lease (including optional renewal periods),
to confonn or comply with any local land use, regulatory, or building permit conditions issued by the
City in connection with the construction, operation, or maintenance of Tenant's facilities contemplated
in this Lease:
d. Tenant is adjudicated as bankrupt or makes any assignment fort hebenefiit of
creditors;
1
e. Tenant becomes insolvent, or ,
f Either party defaults in the performance of any other covenant or condition of
this Lease and does not cure such other default within thirty(30) calendar days after written notice from
the non-defaulting parry specifying the default at issue, provided, however, that neither party will be in
non-monetary default under this subsection if it commences curing such default with such 30-day period
and thereaftei diligently prosecutes the cure to completion.
15. Cure by Landlord. In the event of any default of this Lease by Tenant,the Landlord may
at any time, after notice, cure the default for the account of and at the expense of the Tenant. If Landlord
is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of
any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting,
prosecuting or defending any action to enforce the Landlord's rights under this Lease, the sums so paid by
Landlord, with all interest, costs and damages shall be deemed to be Additional Rent and shall be due
from the Tenant to Landlord on the first day of the month following the incurring of the respective
expenses. If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant will pay
such Additional Rent "under protest" Any payment under protest by Tenant shall not be considered an
admission of liability or a waiver of Tenant's rights under this Agreement, and such payment shall be
subject to refund if Tenant's position is upheld by a court.
16. Optional T ermmation Except for instances of default as set forth in Section 14,this
Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other
governmental approval necessary for the construction and/or operation of the Antennae Facilities or
Tenant's business, (b) by Landlord upon ninety (90) days prior written notice to Tenant, if the Landlord
decides, in its sole discretion for any reason, to discontinue use of the Premises for city or public
purposes, (c) by Landlord if it determines through verifiable scientific evidence that continued use of the
Premises by Tenant is in fact a threat to health, safety or welfare, (d) by Landlord if Tenant's use of the
Premises violates applicable laws or ordinances; or (e) by Landlord if Tenant loses its license to provide
PCS/cellular service for any reason, including,but not limited to,non-renewal, expiration, or cancellation
of its license
17. Damages and Attorney's Fees. In the event of an instance of Tenant's default as
identified in Section 14 or Tenant's optional termination in Section 16, Landlord shall be entitled to the
amount of unpaid rent accrued through the date of termination; and liquidated damages in the amount of
six (6) months rent. If it becomes necessary for the Landlord to use an attorney and/or bring suit for
damages or possession, or if Tenant shall bring any action for any relief against Landlord, declaratory or
otherwise, arising out of this Lease, the prevailing party shall have and iecover against the other party in
addition to the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees
18. Termination; Notice. Except as otherwise provided above in Section 16(b), any notice of ,
tenmination pursuant to Section 16 shall be given to the other party in writing at least thirty (30)calendar
days prior to the termination date in accordance with the provision of Section 28
19. Damage or Destruction. If Tenant's improvements or any portion thereof are destroyed
or damaged so as to materially hinder effective use of the Premises through no fault or negligence of
Tenant, Tenant may elect to terminate this Lease upon thirty (30) calendar days' written notice to
Landlord In such event,Tenant shall promptly remove all improvements from the Premises as set forth
in Section 5(b) above This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's
fulfillment of the obligations set forth in the preceding sentence, at which termination Tenant shall be
r
entitled to the reimbursement of any Monthly Rent prepaid by Tenant. Landlord shall have no obligation
to repair any damage to any portion of the Premises or Access Easement.
20. Condemnation. In the event the Premises are taken by eminent domain, this Lease shall
terminate as of the date title to the Premises vests in the condemning authority In the event a portion of
the Premises is taken by eminent domain, either party shall have the right to tenmmate this Lease as of
said date of title transfer,by giving thirty (30) days written notice to the other party. In the event of any
taking under the power of eminent domain,Tenant shall not be entitled to any portion of the reward paid
for the taking and the Landlord shall receive full amount of such award. Tenant shall hereby expressly
waive a ny r fight o r c laim to a ny p ortion o f all d amage a wards,whether awarded a s c ompensation f or
diminution in value of the leasehold or the fee of the Premises. Tenant shall have the right to claim and
recover from the condemning authority, but not from Landlord, such compensation as may be separately
aA arded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or
expenses incurred by Tenant in moving/removing its equipment, personal property, Antennae Facilities,
and leasehold improvements
21. Indemnity.
a. Disclaimer of Liability Landlord shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever arising out of Tenant's negligent
construction, maintenance, repair, use, operation, condition or dismantling of the Premises, Access
Easement,Tenant's Antennae Facilities, and any other improvements made by Tenant.
b. Indemnification Tenant shall, at its sole cost and expense, indemnify and hold
harmless Landlord and all associated, affiliated,allied and subsidiary entities of Landlord,now existing or
hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and
contractors (hereinafter referred to as"Indenimtees"),from and against:
(1) Any and all liability, obligation, damages, penalties, claims, liens, costs,
charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys,
expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the
Indemnitees by reason of any intentional or negligent act or omission of Tenant, its personnel,employees,
agents, contractors or subcontractors, resulting in personal injury,bodily injury, sickness, disease or death
to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander,
invasion of privacy and unauthorized use of any trademark, trade name,copyright, patent, service mark or
any other right of any person, firm or corporation, which may arise out of or be in any way connected
with the construction, installation, operation, maintenance, use or condition of Tenant's Antennae
Facilities, Tenant's use of the Premises and Access Easement, Tenant's other improvements, or Tenant's
failure to comply with any federal, state or local statute, ordinance or regulation.
(2) Any and all liabilities, obligations, damages, penalties, claims, liens.
costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of
attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted
against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies
provided by or supplied to Tenant, its contractors or subcontractors, for the installation, construction,
operation, maintenance or use of the Premises, Access Easement, Tenant's Antennae Facilities, Tenant's
other improvements. Tenant shall cause such claim or hen covering Landloid's Property to be discharged
or bonded per the requirements in section 5 (a)(2).
I (3) Notwithstanding the foregoing, Tenant shall not indemnity, defend or
hold harmless Landlord for any liabilities, obligations, damages, penalties, claims, liens, costs, charges,
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losses or expenses (including, without limitation, reasonable fees and expenses of attorneys, expert
witnesses and other consultants),arising out of the Indemnitee's negligence or willful misconduct
C. Assumption of Risk: Tenant undertakes and assumes for its officers, agents,
affiliates, contractors and subcontractors and employees all risk of dangerous conditions, if any, on or
about the Premises and Access Easement Tenant's assumption of risk shall not apply to any latent
defects or other dangerous situation, if Landlord knows or should know that defect or situation to exist
but has not disclosed that information to Tenant.
d. Defense of Indemnitees: In the event any action or proceeding shall be brought
against the Indemnitees by reason of any matter for which the Indemm tees are indemnified hereunder,
Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense, resist and
defend the same; provided however, that Tenant shall not admit Lability in any such matter on behalf of
the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not
admit liability for, nor enter into any compromise or settlement of, any claim for which they are
indemnified hereunder,without the prior written consent of Tenant
e. Notice, Cooperation and Expenses- Landlord shall give Tenant prompt notice of
the making of any claim or the commencement of any action, suit or other proceeding covered by the
provisions of this Section 21 Nothing herein shall be deemed to prevent Landlord from cooperating with
Tenant and participating in the defense of any litigation by Landlord's attorney so long as the participation
is coordinated with Tenant's attorney. Tenant shalt pay all expenses incurred by Landlord in response to
any such actions, suits or proceedings These expenses shall include all out-of-pocket expenses such as
the reasonable value of any services rendered by the Landlord's attorney, the actual expenses of
Landlord's agents, employees, or expert witnesses, and disbursements and liabilities assumed by Landlord
in connection with such suits, actions or proceedings. Provided, however, these expenses shall not
include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by
Tenant.
22 Insurance
a. Type and Amount: During the term of the Lease,Tenant shall maintain,or cause
to be maintained, in full force and effect and at its sole cost and expense,the following types and limits of
insurance.
(1) Worker's Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of One Hundred Thousand Dollars
($100,000) for each accident
(2) Comprehensive Commercial General Liability insurance written on an
occurrence basis with limits no less than One Million Dollars ($1,000,000)combined single limit per
occurrence and in the aggregate for bodily injury, personal injury and property damage. The policy shall
provide blanket contractual i iability insurance for all written contracts, and shall include coverage for
products and completed operations liability, independent contractor's liability; coverage for property
damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU
coverage
(3) Automobile Liability insurance covering all owned, hired, and non-
owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and
property protection insurance to comply with the provisions of state law with minimum limits of One
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Million Dollars ($1,000,000.00) as the combined single limit for each occurrence for bodily injury and
property damage
(4) Excess Liability insurance with limits not less than Four Million Dollars
($4,000,000.00)per occurrence and in the aggregate
(5) At the start of and dunng the period of any construction,builders all-risk
I insurance, together with an installation floater or equivalent property coverage covering cables, materials,
machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation
of the Antennae Facilities. Upon completion of the installation of the Antennae Facilities, Tenant shall
substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious
mischief insurance on the Antennae Facilities. The amount of insurance at all times shall be
representative of the insurable values installed or constructed
(6) All policies other than those for Worker's Compensation shall be wntten
on an occurrence and not on a claim made basis
(7) The coverage amounts set forth above may be met by a combination of
underlying and umbrella policies so long as in combination the limits equal or exceed those stated
b Additional Insureds All policies, except for business interruption, the policies
specified in Section 22 a(5) and worker's compensation policies, shall list Landlord and its officials,
officers, employees, agents and assigns, as their respective interests may appear, as additional insureds
(herein referred to as the "Additional Insureds"). Each policy, which is to be endorsed to list Additional
Insureds hereunder, shall contain cross-liability wording, as follows:
In the event of a claim being made hereunder by one insured for which
another insured is or may be liable, then this policy shall cover such
insured against whom a claim is or may be made in the same manner as
if separate policies had been issued to each insured hereunder
C. Evidence of Insurance: Certificates of insurance or self insurance for each
insurance policy required to be obtained by Tenant in compliance with this Section, together with a copy
of the endorsement listing the Landlord as additional insured shall be provided to Landlord prior to the
' Commencement Date. Tenant shall also provide Landlord written evidence of payment of required
premiums annually during the term of the Lease. Tenant shall immediately advise Landlord of any claim
Or litigation that may result in liability to Landlord.
d Cancellation of Policies of Insurance: All insurance policies maintained pursuant
to this Lease shall contain the following endorsement
At least thirty (30) days prior written notice shall be given to Landlord
by the insurer of any intention (a) not to renew, (b) to cancel or (c) to
reduce the coverage afforded under this insurance policy. Such notice
shall be given by registered mail to the Landlord.
e. Insurance Companies: All insurance shall be effected under valid and
enforceable policies, insured by insurers licensed to do business by the State of Washington or surplus
line carriers on the State of Washington Insurance Commissioner's approved list of companies qualified
to do business to the State of Washington All insurance carriers and surplus line carriers shall be rated
A-(VIII) or better by A.M Best Company.
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f. Deductibles Any payment of deductible or self-insured retention shall be the
sole responsibility of the Tenant.
g. Contractors- Tenant shall require that each and every one of its contractors and
their subcontractors who perform work on the Premises and Access Easement carry, in full force and
effect,workers'compensation, comprehensive public liability and automobile liability insurance coverage
of the type which Tenant is required to obtain under the terms of this paragraph with appropriate limits of
insurance.
It Review of Limits: Once during each calendar year during the term of this Lease,
Landlord may review the insurance coverage to be carried by Tenant If Landlord reasonably determines
that higher limits of coverage are necessary to protect the interests of Landlord or the Additional Insureds,
Tenant shall be so notified and shall obtain the additional limits of insurance,at its sole cost and expense
23. Hazardous Substance Indemnification Tenant represents and warrants that its use of the
Premises and Access Easement will not generate any hazardous substance, and it wtil not negligently or
intentionally store, or dispose, or transport over the Premises and Access Easement any hazardous
substance in violation of any federal or state law. Tenant further agrees to hold Landlord harmless from
and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or
expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred
as a r esult thereof e xcept any r elease c aused b y t he n egligence o f L andlord, i is e mployees o r a gents
Similarly, Landlord warrants that the Premises and Access Easement are free of any hazardous substances
and agrees to indemnify and hold Tenant harmless from the Landlord's negligent or intentional
introduction of any hazardous substance by Landlord "Hazardous substance" shall be interpreted broadly
to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic
material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local
environmental law, regulation or rule presently in effect or promulgated in the future, as such laws,
regulations or rules may be amended from time to time, and it shall be interpreted to include, but not be
limited to, any substance which after release into the environment will or may reasonably be anticipated
to cause sickness,death or disease.
24. Holding Over Any holding over after the expiration of the term hereof,with the consent
of the Landlord, shall be construed to be a tenancy from month to month and Monthly Rent shall be paid
by T enant a t two times the rents h erem specified and shall o therwise b e on the t erms a nd c onditions
herein specified, so far as applicable.
25. Subordination to Mortgage. Any mortgage now or subsequently placed upon any
Property of which the Premises are a part shall be deemed to be prior in time and senior to the rights of
the Tenant under this Lease. Tenant subordinate all of its interest in the leasehold estate created by this
Lease to the lien of any such mortgage Tenant shall, at Landlord's request, execute any additional
documents necessary to indicate this subordination within ten (10) days of written request by Landlord,
provided that such documents include provisions by which Landlord's mortgagees agree that Tenant's use
and quiet enjoyment of the Premises and Access Easement will not be disturbed so long as Tenant is not
in default under this Lease.
26. Acceptance of Premises With the exception of latent defects and any hazardous
substance contamination existing prior to the Commencement Date,by taking possession of the Premises,
Tenant accepts the Premises and Access Easement in the condition existing as of the Commencement
Date. Landlord makes no representation or warranty with respect to the condition of the Premises or
Access Easement.
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27. Estoppel Certificate Tenant shall, at any time and from time to time upon not less than
thirty(30)days prior request by Landlord, deliver to Landlord a statement in writing certifying that(a)the
Lease is unmodified and in full force(or if there have been modifications, that the Lease is in full force as
modified and identify the modifications); (b)the dates to which rent and other charges have been paid, (c)
so far as the person making the certificate knows, Landlord is not in default under any provisions of the
Lease, and (d) such other matters as Landlord may reasonably request.
28. Notices. All notices, requests,demands, and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or by a nationally recognized courier service,to the following addresses:
If to Landlord, to: Facilities Manager
City of Kent
220 Fourth Avenue South
Kent,WA 98032
With a copy to: City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
If to Tenant,to: VoiceStream PCS III Corporation
c/o T-Mobile
12920 SE 38ei Street
Bellevue, WA 98006
Attn- PCS Lease Administrator
With a copy to: VoiceStream PCS III Corporation
c/o T-Mobile
19807 North Creek Parkway North
Bothell,WA 98011
Attn: Lease Administration Manager
' 29 Assienment and Subletting
1 a. Tenant shall not sublet all or any part of the Premises. Tenant shall not assign its
interest in this Lease without Landlord's prior written consent, which will not be unreasonably withheld
Consent by Landlord to any assignment shall not constitute a waiver of the necessity of such consent to
any subsequent assignment. This prohibition against any assignment or subletting shall be construed to
include a prohibition against any subletting or assignment by operation of law if this Lease is assigned,
Landlord may collect rent from the assignee, and apply the net amount collected to the rent and other
obligations of Tenant hereunder reserved Consent by Landlord to an assignment shall not be deemed a
waiver or release of Tenant from the further performance by Tenant of the covenants on the part of
Tenant hereunder contained.
b If Tenant is a corporation, partnership, or limited liability company, and if the
control thereof changes at any time during the term of this Lease, then Landlord at its option may. by
giving ten (10) days prior written notice to Tenant, declare such change a breach of this section unless
Landlord has previously approved in venting the new controlling party or unless Landlord's approval is
not required pursuant to Section 29 d,below
c Any person or entity to which this Lease is assigned pursuant to the provisions of
the Bankruptcy Code, 11 USC §101, et seq , shall be deemed without further act to have assumed all of ,
the obligations of Tenant arising under this Lease on and after the date of such assignment Any such
assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption
Any monies or other considerations payable or otherwise to be delivered in connection with such
assignment shall be paid to Landlord,shall be the exclusive property of Landlord, and shall not constitute
property of the Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code Any
monies or other considerations constituting Landlord's property under the preceding sentence not paid or
delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to Landlord
d. Notwithstanding anything to the contrary in this Lease, Tenant shall have the
tight to assign this Lease without Landlord's consent to any of Tenant's partners or affiliates
30 Other Leases. Nothing in this Lease shall preclude Landlord from leasing other space for
communications equipment to any person or entity who may be in competition with Tenant, or any other
party
31. Successors and Assiens. This Lease shall run with the Premises and be binding upon and
inure to the benefit of the parties, their respective successors,personal representatives and assigns
32 Non-Waiver Failure of either party to insist on stnet performance of any of the
conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not
waive such rights, but such party shall have the rights to enforce such rights at any time and take such
action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid by
Tenant to Landlord after a breach of this Lease shall not be deemed a waiver of such breach unless
expressly set forth in wnting
33 Taxes.
a Tenant shall pay all real and personal property taxes (or payments in lieu of
taxes) and assessments for the Premises and Access Easement that are directly the result of Tenant's
communication equipment, if any, which become due and payable during the term of this Lease All such
payments shall be made, and evidence of all such payments shall be provided to Landlord, at least ten
(10)days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property
on the Premmses.
b Tenant shall indemnify Landlord from any and all liability, obligation, damages,
penalties, claims, liens, costs, charges, losses and expenses (including,without limitation, reasonable fees
and expenses of attorneys,expert witnesses and consultants), which may be imposed upon, incurred by or
be asserted against Tenant in relation to the taxes owed or assessed on Tenant's Property on the Premises.
C. If the methods of taxation in effect at the Commencement Date of the Lease are
altered so that in lieu of or as a substitute for any portion of the property taxes and special assessments
now imposed on property there is imposed a tax upon or against the rentals payable by Tenant to
Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and
personal property taxes.
34. Miscellaneous.
a. Landlord and Tenant represent that each, respectively, has full right, power, and
authonty to execute this Lease
b. This Lease constitutes the entire agreement and understanding of the parties and
supersedes all offers, negotiations, and other agreements of any kind. There are no representations or
understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be
in writing and executed by both parties.
C. This Lease shall be construed in accordance with the laws of the State of
Washington. Venue and jurisdiction of any lawsuit arising out of the performance or obligations of this
lease shall be in the King County Superior Court,Kent Regional Justice Center,Kent,Washington
d. If any term of this Lease is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Lease, which shall continue in full force and effect.
THIS LEASE IS EXECUTED and shall become effective on the last date indicated below.
LANDLORD: TENANT:
CITY OF KENT VOICESTREAAI PCS III CORPORATION
i By
Print Name Jim White Print Name
Its• Mayor Its
Date- Date-
APPROVED AS TO FORNI: ATTEST:
Kent Law Department Brenda JacobeT,Kent City Clerk
l
1
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
I 1. SUBJECT: WILSON PLAYFIELDS EASEMENT AGREEMENT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Easement Agreement
with Soos Creek Water and Sewer District for sewer lines at Wilson Playfields, upon
review by the City Attorney.
During construction of Wilson Playfields, the City constructed a sewer main to service
the park. The easement transfers ownership and maintenance of the sewer lines to Soos
Creek Water and Sewer District.
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3. EXHIBITS: Soos Creek Sewer Easement No. 21-22-5-S 1016
1 4. RECOMMENDED BY: Parks and Human Services 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
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6S
Filed for Record at
the request of
SOOS CREEK WATER
AND SEWER DISTRICT
P.O. Box 58039
14616 S.E. 192nd Street
1 Renton, WA 98058
Easement No.: 21-22-5-S1016
Project: East W i kc>v 6 Ie W S
Tax Parcel ID#: 212205-9184 /
Grantor(s): City of Kent
220 4t'Ave South
Kent,Washington 98032
Grantee: SOOS CREEK WATER AND SEWER DISTRICT
tAGREEMENT FOR EASEMENT f
THIS AGREEMENT, made this day of , 20 ,by and
r between Soos Creek Water and Sewer District, a municipal corporation of King County,
Washington, hereinafter termed the "District", and CITY OF KENT, hereinafter termed
"Grantor',
WHEREAS, Grantor is the owner of land at approximately 24800 132nd Ave SE,
Kent, Washington, legally described as follows:
Lot 2 of Snow Park Short Plat No. 97-32, recorded under King County Recording
No. 9802179012, being a portion of the Northeast quarter of the Southeast quarter
of Section 21, Township 22 North, Range 5 East, W. M. in King County,
Washington.
` TOGETHER with the North 3.00 feet of the following described parcel;
F1041.927%Ea5emenW\pW esM 092002 emd doc Page 1 of 5 M m
Easement No. 21-22.5-S1016
The South 130.00 feet of the North 160 00 feet of the East 80.00 feet of the West
985.00 feet of the Northeast quarter of the Southeast quarter of Section 21, '
Township 22 North, Range 5 East, W. M. in King County, Washington.
EXCEPT the North 3.00 feet thereof. ,
WHEREAS, the District requires an easement for(check those that apply)
® Sanitary sewer line and appurtenances
❑ Water main and appurtenances
across Grantor's property at a location more specifically described herein below,and
WHEREAS, Grantor has title to said real property and is authorized to grant and 1
convey this easement to the District.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), and other '
good and valuable consideration in hand paid, receipt of which is hereby acknowledged,
and in consideration of the performance by the District of the covenants, terms and '
conditions hereinafter set forth, Grantor hereby grants, conveys and quitclaims to the
District the following easement:
That portion of the above-described real property further described as follows:
A 15.00 foot wide strip of land lying 7.50 feet Easterly and 7.50 feet Westerly of the
following described centerline;
Beginning at a point on the North property line of said parcel lying 237.00 feet East
of the Northwest corner of said parcel; 1
Thence South 1°01' 02"West 398.00 feet;
Thence South 52' 17' 47" East 75.45 feet to a point on the South property line of said
parcel and the terminus of said centerline.
The sidelines of said centerline description should be shortened or
lengthened so as to terminate to the North along the North property line and
to the South along the South property line of the above-described parcel.
1. DISTRICT'S USE OF PROPERTY. Said easement is for the purpose of installing,
constructing, operating, inspecting, maintaining, removing, repairing, replacing and using
gravity and pressure sanitary sewer mains, manholes and/or water lines and
appurtenances thereto including all valves and fire hydrants (the "facilities"), together with
%04U271Ea"e ts%plat esml092OU emd aoc Page 2 of 5
Easement No. 21-22.5-S1016
the nonexclusive right of ingress to and egress from said portion of Grantor's property for
the foregoing purposes.
2. USE OF PROPERTY BY GRANTOR. Grantor shall retain the right to use the
surface of the easement if such use does not interfere with installation or maintenance of
the facilities. Grantor shall not erect buildings or structures of a permanent nature; shall
not install any other improvements including trees, large shrubbery, or fences; and shall not
change surface grades, except as approved in advance by the District, in any manner
which would unreasonably interfere with ingress, egress and access by the District for
installation and/or normal maintenance of the facilities. Such buildings, structures or
improvements will be deemed an encroachment upon the District's rights, and Grantor shall
be obligated to remove such encroachments at Grantor's expense. Further, the provisions
of Paragraph 4 hereof as to restoration shall not apply to any such encroachments in the
easement area. Provided, however, that fences may be constructed which provide gate
or other access approved in advance by the District.
3. RESTORATION AFTER ORIGINAL CONSTRUCTION. For original construction,
Grantor's property will be restored to a condition as good as or better than it was prior to
the entry by the District. Where possible, photographs will be taken prior to construction
to assure the completeness of restoration. Final restoration shall include, as appropriate,
sod replacement in existing lawns, hydroseeding in unimproved areas, and replanting or
replacement of existing shrubs and bushes, where such will not unreasonably interfere with
the District's use of the easement. Fences, rockeries, and concrete, asphalt and/or gravel
driveways which do not unreasonably interfere with the District's use of the easement will
be repaired or replaced. Large trees that exist within the easement area may be
permanently removed during original construction unless otherwise noted in this easement
document.
4. RESTORATION AFTER MAINTENANCE. If Grantor's property is disturbed by the
maintenance, removal, repair, or replacement of the facilities, the District shall restore the
easement area to a condition as good as or better than it was prior to entry for such
purpose by the District.
5. ATTORNEY'S FEES. In case suit or action is commenced by either party,or their
successors and/or assigns, to enforce any rights under this easement, or regarding an
encroachment on the easement, in addition to costs provided by statute, the substantially
prevailing party shall be entitled to an award of attorney's fees in such sum as the Court
may adjudge just and reasonable.
6. EASEMENT TO BIND SUCCESSORS. This easement is permanent and shall
terminate only upon agreement of the parties hereto, their successors and/or assigns. This
easement, during its existence, shall be a covenant running with the land and shall be
binding on the successors, heirs and assigns of the parties hereto.
F 1WWI2 Easemants%dat esmtMM2 emd doc Page 3 of 5 MGM
Easement No. 21-22-5-S1016
7. EXEMPTION FROM EXCISE TAX. The District is a municipal corporation with ,
powers of eminent domain. This easement is granted for a public purpose. The District
shall hold Grantor harmless from the imposition or payment of any excise tax based upon
the conveyance of this easement. ,
IN WITNESS WHEREOF, we have set our hands and seals this day of
, 2002.
City of Kent
Grantor Grantor
STATE OF WASHINGTON)
COUNTY OF KING ) ss. ,
On this day of , 2002, before me personally appeared ,
(and) ,to me
known to be the individuals described in and who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
said Grantors, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year above written. '
NOTARY PUBLIC in and for the State of Washington
Residing at:
My commission expires:
1
I
F 1041921TasemenWolal esmt 09=2 amd dx Page 4 of 5 oA26o2
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EAST HILL YOUTH SPORTS COMPLEX EASEMENT NO.21-22-5-S1016
FILE F \4\921\ESMT PAGE 5 OF 5
1
Kent City Council Meeting
Date August 2, 2005
Category Consent Calendar
' 1. SUBJECT: MUNICIPAL LOT/2ND AVENUE IMPROVEMENTS
AGREEMENT —AUTHORIZE
I2. SUMMARY STATEMENT: Authorize the Mayor to sign the agreement with
Portico, Inc. in the amount of$81,609 to provide schematic design services for the
Town Square Park/2nd Avenue improvements, upon review by the City Attorney.
Portico, Inc. was chosen to prepare a schematic design for Town Square Park/2nd
Avenue improvements that will provide a link between downtown Kent and Kent
Station development. This is the second phase in the development of Town Square
Park, with additional phases expected in the future that include design development,
construction documents and construction administration.
jThe budget for this contract is in the 2005 mid-year budget adjustment, recommended
to Council at the July 19, 2005 Operation Committee for City Council Consent
ICalendar on August 2, 2005.
3. EXHIBITS: Consultant agreement
4. RECOMMENDED BY: Parks and Human Services 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 P20059 Amount $81,609.00
Unbudgeted Revenue: Fund P20059 Amount $81,609.00
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
' Council Agenda
Item No. 6T
r
r KENT
W.SMIMOTJx
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
1
Portico, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the"City"), and Portico,Inc organized under the laws of the State of Washington, located and
doing business at 1500 4`h Avenue, Third Floor, Seattle, Washington 98101-1670, Dennis Meyer (hereinafter
the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Provide schematic design services (2.0) for the Town Square Park and 2"d Avenue Improvements
( projects in Kent as described ui the Consultant's proposal dated May 25, 2005 attached and
incorporated as Exhibit A
' Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Consultant shall complete the work described within six (6) months
II1. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty-
One Thousand, Six Hundred Nine Dollars and NO/100ths ($81,609 00) for the services
described in this Agreement This is the maximum amount to be paid under this Agreement for
the work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed supplemental agreement The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one(1) year from the effective date of
this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion o f t he invoice not in dispute. In that event, the parties will i mmediately make every
effort to settle the disputed portion.
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CONSULTANT SERVICES AGREEMENT- I
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- '
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction, except as provided in
Section X.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the ,
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the '
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, 1
officials, employees, and agents harmless from any and all claims, injuries, damages, losses or suits, including
all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of
this Agreement, except for that portion of the injuries, losses, and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to '
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement i s subject to RCW 4 24 115, '
then, in the event of liability for damages ansrng out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE ,
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE ,
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement. ,
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
CONSULTANT SERVICES AGREEMENT-2 ,
(Over$10,000)
' X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall snake such data, documents, and files available to the City upon the City's request.
The City's, or any third party who obtains records and documents from the City, use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than Consultant on any other
' project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor
1 with the authority to control and direct the perfonnance and details of the work authorized under this
Agreement, the work must meet the approval of the City ands hall b e subject to the City's general r ight o f
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XIII. 'MISCELLANEOUS PROVISIONS.
' A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
' in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
' construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
' of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
' or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indeniiufication under Section
VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
' hereunder shall become effective three(3)business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing
CONSULTANT SERVICES AGREEMENT-3
' (Over 510,000)
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E. Assignment Any assignment of this Agreement by either party without the written consent of '
the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in fimll force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. ,
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the '
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal '
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
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� By: By:
i (signature) (signature)
Print Name: Dennis Meyer Print Name: Jim White
fIts Principal Its Mayor
(Trtle) (Terre)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ,
CONSULTANT: CITY OF KENT: ,
Dennis Meyer Perry Brooks, Project Manager
Portico Iimc City of Kent Parks Department ,
1500 4`h Avenue, Third Floor 220 Fourth Avenue South
Seattle, WA 98101-1670 Kent, WA 98032-5895
(206) 621-2196 (telephone) (253) 856-5114 (telephone) r
(206) 621-2199 (facsimile) (253) 856-6050 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Town Square Park&2"d Avenue Improvements Schematic Designs
CONSULTANT SERVICES AGREEMENT-4
(Over$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
' contractors, subcontractors and suppliers who perforni work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole deternimation regarding suspension or termination for all or part of the
Agreement,
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origm, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
' women and minorities
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
' Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 2005.
' BY
For:
' Title:
' Date:
' EEO COMPLIANCE DOCUMENTS- i
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CITY OF KENT '
ADMINISTRATIVE POLICY
NTUMBER 1.2 EFFECTIVE DATE. January 1, 1998 ,
SUBJECT- MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor '
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to S10,000 or more within any '
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal ,
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
1, the undersigned, a duly represented agent of Portico Inc. Company, hereby acknowledge and declare
that the before-mentioned company was the prime contractor for the Agreement known as Town Square Park
and 2"d Avenue Improvements Schematic Designs_that was entered into on the (date) , between the
firm I represent and the City of Kent.
fI declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1 2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of 2005.
1 By.
For:
Title:
' Date:
EEO COMPLIANCE DOCUMENTS-3
THE
[PORTICO
GROUP EXHIBIT A
Q
May 25, 2005
Mr. Perry Brooks ,
Parks Planning & Development
Parks, Recreation &Community Services ,
220 Fourth Ave. S
Kent, Washington 98032-5895
Re: Kent Town Square Park; 2"d Avenue& Harrison Street Improvements— '
Professional Design Services Proposal
Dear Perry, '
The Portico Group has been pleased to work with you and the City of Kent over the past six
months in developing site planning and conceptual plans for the Kent Town Square Park, and
construction documents for the street gateways at 2"d & Smith and 4`" & Smith intersections.
With the approval of the conceptual plans and construction budgets by the City Council, we are ,
now able to provide you with these two proposals for Schematic Design phase services for the
Kent Town Square Park and 2"d &Harrison Streetscape Improvements. The preliminary estimate
of probable construction costs are $2,200,000 and$960,000 for the Town Square Park and
Streetscapes, respectively.
A summary of the Schematic Design phase services fee proposal is broken down as follows. ,
Kent Town Square Park
• Labor Fee. $ 66,104
• Expenses/Overhead- $ 2,285
Total Fee $ 68,389
2,d &Harrison Streetscape Improvements '
• Labor Fee- $ 12,935
• Expenses/Overhead: $ 285 '
Total Fee: $ 13,220
Again,we are pleased to provide you with this proposal, and look forward to discussing any
aspect of it that you wish. Please feet free to contact either me or Dennis at any time We look
forward to beginning this exciting project in the very near future.
"CRITZ=s L SG Z MCNITCCTS IRTRRPRBTIW PW XS RIRIBIT BRSIG RS
1500 4`6 Ave , Third Floor T- 206 621 2196
Seattle, WA 98101-1500, USA P 206 621 2199
www porticogroup com
1
City of Kent
Proposal—Town Square Park&:2"d Ave.Improvements
May 25, 2005
1
Sincerely,
The Portico Group
' Todd Black, ASLA
' Sr Associate
' Copy. Dennis Meyer/TPG
Andrea Ashdown/TPG
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ATTACHMENT B '
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance '
The Contractor shall procure and maintain for the duration of the Agreement,insurance '
against claims for injuries to persons or damage to property which may arse from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance r
Contractor shall obtain insurance of the types described below: r
1. Commercial General Liabilitv insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from '
premises, operations, independent contractors, products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability ansing from explosion, collapse or underground
property damage. The City shall be named as an insured under the r
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 11 85 or a substitute endorsement '
providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington. ,
3. Professional Liability insurance appropriate to the Consultant's
profession '
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits: ,
1. Commercial General Liabilitv insurance shall be written with limits no
less than$1,000,000 each occurrence, $1,000,000 general aggregate '
and a$1,000,000 products-completed operations aggregate limit.
2. Professional Liability insurance shall be wntten with limits no less
than$1,000,000 per claim and $1,000,000 policy aggregate limit.
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EXHIBIT B (Continued )
C. Other Insurance Provisions
The insurance policies are to contain,or be endorsed to contain,the following provisions
for Automobile Liability and Commercial General Liability insurance:
I. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
t2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30) days prior written notice by certified
mail,return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work perfonned by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance The City reserves the right to receive a certified copy
of all required insurance policies The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M.Best rating of not less than
A VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT O W"
B. OPERATIONS COMMITTEE
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C. PUBLIC SAFETY COMMITTEE a "
D. PUBLIC WORKS
E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PARKS AND HUMAN SERVICES COMMITTEE WTV "
G. ADMINISTRATIVE REPORTS
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REPORTS FROM SPECIAL COMMITTEES
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KENT
w. o.
OPERATIONS COMMITTEE MINUTES
JULY 5, 2005
Committee Members Present: Chair Tim Clark and Bruce White
Julie Peterson was absent
The meeting was called to order by Tim Clark, Chair at 4:11 p.m.
1. APPROVAL OF MINUTES DATED JUNE 7,2005
Bruce White moved to approve the minutes of the June 7, 2005, Operation Committee
meeting. Tim Clark seconded the motion, which passed 3-0, with Julie Peterson's
concurrence.
2. APPROVAL OF VOUCHERS DATED JUNE 15 2005 AND JUNE 30 2005
Finance Manager Bob Nachlinger presented the vouchers for June 15, 2005, and June 30, 2005,
for approval
Bruce White moved to approve the vouchers dated June 15, 2005, and June 30, 2005.
Tim Clark seconded the motion, which passed 3-0, with Julie Peterson's concurrence.
3. WASHINGTON TRAFFIC SAFETY COMMISSION GRANT
Police Captain Mike Painter presented the Washington Traffic Safety Commission Grant for
acceptance by the City Council Captain Painter advised that the funds from the grant would
be used to purchase two (2) fixed mount speed advisory signs to be used to slow traffic on high
incident artenals and corridors.
Bruce White moved to recommend the City Council accept the Washington Traffic
I Safety Commission Grant in the amount of S9,500.00 and place it on the Consent
Calendar for the July 5, 2005, City Council Meeting, and establish the budget. Tim
Clark seconded the motion,which passed 3-0, with Julie Peterson's concurrence.
The meeting was adjourned at 4:17 p.m.
Renee Cameron
Operations Committee Secretary
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Parks and Human Services Committee Minutes
KENT June 16,2005
Committee members present: Deborah Ranniger,Debbie Raplee, Tim Clark
The Kent City Council Parks and Human Services Committee meeting was called to order by
Deborah Ra miger at 4:10 p m.
1. Approval of Minutes
Clark moved to approve the Parks and Human Services Committee meeting minutes of
the May 19, 2005. Raplee seconded. The motion passed 3-0
2. 2005 Public Art Projects-Approve
Brenda Abney, V isual Arts Coordinator, announced that three public art projects were
approved by City Council as part of the 2005 City Art Plan. The proposals were reviewed
and finalists were selected by an art panel. The Kent Arts Commission approved the
panel's selection of the following artists:
1. East Hill Skate Park. Artist- Michael Whiting designed free-standing three piece cut
metal sculptures reflecting a skate park theme The largest design is a skate boarder
made of colored pixel-looking cut metal blocks. The metal will weather, giving a
patina effect The artist has also designed metal gates for the park entrance and for the
restrooms, metal sculptures of both genders signifying unisex bathrooms -
$20,000.00.
2. Service Club Ball Park. Artist: Lea Arne Lake designed three cut metal etched
aluminum columns with rounded bases, topped with baseball figures which can be
illuminated from inside revealing sports-oriented sayings- $15,000 00.
3. Titus Railroad Park Mural: Artist Mary Iverson designed a new mural for the building
reflecting a train theme. It was approved by the building owner. The mural features a
bright and boldly painted design that has the appearance of winding railroad tracks
and rail cars - $10,000.00.
Brenda noted that the decision to provide unisex bathrooms was to accommodate the
availability of restrooms to both genders at all times, to eliminate lines, and to make it
more comfortable for mothers using the restroom with small boys
Raplee moved to recommend approving the proposals for public art projects at East Hill
Skate Park, Service Club Ball Park and Titus Railroad Park and entering into agreements
with the selected artists. Clark seconded Motion passed 3-0.
3. Greater Seattle InterLrroup 2005 Lease Agreement with Kent Commons-Authorize
Superintendent Lori Hogan stated that Federal funding for Kent Commons required the
premises be used by Human Service agencies with a 25-year obligation, which expires in
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Parks and Human Services Committee Meeting Minutes
May 19,2005
Page 2
2006. Alcoholic's Anonymous bookstore rents 107.8 square feet of office space and is the
last remaining tenant in the building. A master plan to remodel the available space for
city staff and/or expanded programs is scheduled for 2006.To keep the space available to
the city, the lease termination has been amended as follows: the ending date has been
changed from February 28, 2006 to December 31, 2005, and after December 31, 2005,
the lease will be on a month-to-month basis.
Clark moved to recommend authorizing the Mayor to sign the agreement with Greater
Seattle Intergroup to lease office space at Kent Commons. Raplee seconded. Motion
passed 3-0.
4. 2005 Interlocal Agreement for Waterfowl Management-Authorize
Superintendent Lori Flemm expressed that the goal of the Waterfowl Management
Program is to reduce and/or alleviate property damage and human health and safety
concerns from waterfowl. This includes contamination of potable water and recreation
areas within King County. Each year the Interlocal Agreement must be renewed and
authorized by each city involved in the agreement with the Wildlife Services Program of
the U S_ Department of Agriculture. Participating agencies are. City of Bellevue, City of
Kent, City of Kirkland, City of Mercer Island, City of Mountlake Terrace, City of
Renton, City of SeaTac, City of Woodinville, City of Seattle Department of Parks and
Recreation, University of Washington, USDA Wildlife Services, and USDI Fish and
Wildlife Service.
Raplee moved to recommend authorizing the Mayor to sign the 2005 Interlocal
Agreement for Waterfowl Management. Clark seconded. Motion passed 3-0.
5. Soroptomist Donation for Service Club Park-Accept and Amend Budget
Director John Hodgson shared that the construction of the Service Club Park has brought
local service clubs together The Soroptomist International Club of Kent pledged
$37,500.00 to support the Service Club Park. Local Service Clubs have pledged
S 140,000.00 towards construction of the ball fields and $37,500 00 for play equipment
To recognize their contributions,ball fields and play equipment at the park will be named
for each club. Construction is to begin this week and games should begin by April
Clark moved to recommend accepting the donation of $10,000.00 from Soroptomist
International Club for Service Club Park development and authorizing the expenditure of
funds in the Service Club Ball Fields budget. Raplee seconded. Motion passed 3-0
6. West Fenwick Park Picnic Shelter/Restroom Consultant Agreement-Authorize
Superintendent Lori Flemm informed the Committee that the restroom building at Lake
Fenwick Park was damaged by arson fire in April 2004. Staff took this opportunity to re-
design the existing restroom and rooflme to incorporate building applications that are
environmentally durable and vandal resistant, such as an extended covered picnic area
and a green roof system The GreenGridO roof system will provide insulation, storm
water retention, as well as an esthetically pleasing view from the homes above the park.
Parks and Human Services Committee Meeting Minutes
May 19, 2005
Page 3
The project is funded, in part, through a reimbursement from the insurance claim for the
vandalism.
Raplee moved to recommend authorizing the Mayor to sip the Consultant Agreement
with David A Clark Architect, PLLC for West Fenwick Park picnic shelter/restroom
design and construction drawings, in the amount of$30,388.45 Clark seconded Motion
passed 3-0.
7. Service Club Park Shelter/Concession/Restroom Consultant Agreement-Authorize
Superintendent Lori Flemm reported that the Service Club Park project master plan was
approved by City Council December 14, 2004. Park staff made the decision to advertise
the park construction and shelter construction separately. The design will incorporate a
concession stand, restroom facilities and picnic areas all under one roof The consultant
was chosen from the City's Statement of Qualifications Roster.
Clark moved to recommend authorizing the Mayor to sign the Consultant Agreement
with David A. Clark Architect, PLLC for Service Club Park concession stand/picnic
shelter/restroom design and construction drawings, in the amount of$47,796 97 Raplee
seconded Motion passed 3-0.
8. Aquatic/Recreation Facility Feasibility Study Consultant Agreement- Authorize
Director John Hodgson explained that a feasibility study is necessary to provide options
relating to a possible aquatic/recreation facility in Kent. Green-play, LLC was selected
from fourteen consulting firms to assist with the feasibility study.
The scope of services includes formulating focus groups in July and a survey going out to
the community in July/August. A final review involving survey results,planning and cost
analysis, an action p Ian and schedule will b e conducted in S eptember and reported to
Committee and Council in November. Funding is supplied by budget allocations
identified for a study of Van Doren's Landing Park, which will be re-scheduled for next
year.
Raplee moved to recommend authorizing the Mayor to sign the Consultant Agreement
with GreernPlay, LLC for the poolhecreation feasibility study and community survey in
the amount of$67,000 00. Clark seconded. Motion passed 3-0
The meeting adjourned at 4:40 p.m.
Teri Petrole
Parks and Human Services Committee Secretary
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PUBLIC WORKS COMMITTEE MINUTES
June 20, 2005
COMMITTEE MEMBERS PRESENT Committee Chair Bruce White and
Committee Members Ron Harmon and Debbie Raplee The meeting was called to order
at513PM
Approval of Minutes Dated June 6,2005
Committee Member Ron Harmon moved to approve the minutes of June 6,2005 The
motion was seconded by Debbie Raplee and passed 3-0.
Pacific Hiahway S.HOV Lanes Proiect Quit Claim Deed
Mark Howlett,Design Engineering Supervisor said the City of Kent owns a narrow
parcel of property along Pacific Highway South near the intersection of S 268'h Street
1 In order to avoid encumbering the City owned property with a private utility easement,
the Public Works Department is recommending that the Mayor be authorized to Quit
Clain to itself the westerly 10 feet of the property for street right of way PSE lines will
remain within franchise area
Debbie Raplee moved to recommend authorizing the Mayor to execute a Quit
Claim Deed turning a portion of City property along Pacific Highway South in the
vicinity of South 268'h Street into street right of way subject to the City Attorney
and public Works Director's concurrence of the language therein. The motion was
seconded by Ron Harmon and passed 3-0.
1 TIB Grant Agreement for East Valley Hiahwav
Mark Howlett,Design Engineering Supervisor said this grant, in the amount of$150,000,
is for the design and construction phases of the City's East Valley Highway Project
Ron Harmon moved to recommend authorizing the Mayor to sign the
Transportation Improvement Board"Fuel Tax Grant Distribution Agreement" for
the East Valley Highway Project and authorize the establishment of the budget for
some along with directing staff to spend the money accordingly. The motion was
seconded by Debbie Raplee and passed 3-0.
' Street Vacation for a Portion of 1"Avenue North
Crary Gill,City Engineer said a vand petition to vacate a portion of I"Ave North has
been received by Public Works Department The Public Works Department recommends
adoption of a resolution setting the public hearing date for August 16,2005
Debbie Raplee moved to recommend Council adoption of a resolution setting a
public hearing date of August 16,2005 for the Street Vacation located along a
portion of 1"Avenue just south of James Street. The motion was seconded by Ron
Harmon and passed 3-0.
lSpears Engineering Contract for Various Construction Prolects in the City
Tim LaPorte, Design Engineering Manager said dus contract with Spears Engineering
will provide the City with construction inspection and testing assistance for various
projects over the next twelve months The sum total of Spear's Engineenng work will
not exceed$600,000
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Ron Harmon moved to recommend authorizing the Mayor to sign the contract with
Spears Engineering for$600,000 to provide the City of Kent inspection services for
various projects as described herein upon concurrence of the language therein by
the City Attorney and Public Works Director. The motion was seconded by
Debbie Raplee and passed 3-0.
Municipal Lot Block Alley Vacation
Nathan Torgelson,Economic Development Manager said as part of the proposed Town
Square Plaza and Project Springboard on the Municipal Lot Block,the council needs to
consider vacation of the alley that runs east-west through the block from 2nd Avenue to
4d`Avenue The Public Works Department recommends adoption of a resolution setting i
the public hearing for date for the Alley Vacation on August 2,2005
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Debbie Raplee moved to recommend council adopt the proposed resolution to
schedule a public hearing on August 2, 2005,to consider vacation of the alley that
runs east-west through the Municipal Lot Block in downtown Kent from 4,h Avenue
to tad Avenue. The motion was seconded by Ron Harmon and passed 3-0.
The meeting adjourned at 5 23 P M
Janet Perschek
Administrative Assistant
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