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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/05/2006 ! • • • • • • AG EN DA • City of Kent 0 CityCouncil Meeting • Agenda i July 5, 2006 • ICI • Mayor Suzette Cooke • Deborah Ranniger, Council President • Councilmembers • • Tim Clark Debbie Raplee • Ron Harmon Les Thomas ! Bob O'Brien Elizabeth Watson O • • KENT ! W A 5 H I N G T O N • City Clerk's Office • • • • • KENT CITY COUNCIL AGENDAS KEN T July 5, 2006 W^s H I N G T O H Council Chambers • MAYOR. Suzette Cooke COUNCILMEMBERS. Deborah Ranmger, President • Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas Elizabcth Watson COUNCIL WORKSHOP AGENDA 5:30 p.m. . Item Description Speaker Time 1. Transportation Master Plan Larry Blanchard 40 min 2. Metro King County Interlocal Agreement . for Waste Water Treatment Larry Blanchard 20 min • • COUNCIL MEETING AGENDA 7:00 p.m. • ! 1. CALL TO ORDER/FLAG SALUTE • 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the . Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events • C. Employee of the Month D. Parks and Recreation Month • 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A Minutes of Previous Meeting—Approve • B. Payment of Bills—Approve ! C. Clear-wire US LLC, Lease Agreement—Authorize • . (Continued) • ! COUNCIL MEETING AGENDA CONTINUED D Puget Sound Energy Easement, 277th and Green River Road—Authorize E. King County Office of Emergency Management Grant for CERT Training S Materials —Accept and Authorize F. King County Office of Emergency Management Grant for CERT Training ! Courses—Accept and Authorize G. less Data Network Access in Police Patrol Vehicles—Authonze H. , RZution Ratifying Amendments to Countywide Planning Policies—Adopt 1. PBX Telephone System Maintenance Contract—Authorize J. Adesa Marshalling Yard Bill of Sale—Accept ! ! 7. OTHER BUSINESS A Kent Events Center Feasibility Study Consulting Contract with Brailsford& Dunlavey 8. BIDS • None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES . to. CONTINUED COMMUNICATIONS it. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION ! -A. Property Negotiations B Pending Litigation 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 requiring a disability accommodation should contact the City Clerk's Office in advance ! at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. YLa m Y p 7 T T- ° E-O� v • iEL o - � ti_- ova _v �nac0 i� E�= = c v " c °-°> Eo. 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U U cr p ul C CD °a °j Oc=zz,y � L � E ,� v �' i vabL� 3so" c-cC�n y > oo Vic^ N • C .'_' C 7 U 01 O L a V V > ,A LU �n O R a s ae vi ., ¢lJ > s E �E E t ¢ ti O • • • • 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 • • • • • • • i • • • • • • • • • • • • PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) EMPLOYEE OF THE MONTH • D) PARKS AND RECREATION MONTH r CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember eC,oll?'k seconds to approve Conser' Calendar Items A through J • Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of June 20, 2006. 6B. Approval of Bills. Approval of payment of the bills received through June 1 and paid on June 15 after auditing by the Operations Committee on June 20, 2006. • Approval of checks issued for vouchers: ` Date Check Numbers Amount 6/15/06 Wire Transfers 2463-2482 $11668,401.00 6/15/06 PrePays & 6/15/06 Regular 594779-595600 2,352,673.50 Use Tax Payable 3,436.07 $4,024,510.57 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2006: Date Check Numbers Amount 6/20/06 Checks 291284-291594 $ 241,79217 6/20/06 Advices 197898-198590 $1,280,352 84 Total Regular Payroll $1,5221145 01 r Council Agenda Item No 6 A-B i • Kent City Council Meeting KEN T June 20, 2006 W A 5 MI N G T ON_ • The regular meeting of the Kent City Council was called to order at 7 00 p.m by Mayor Cooke Councilmembers present Clark, Harmon, O'Brien, Thomas and Watson Councilmembers Ranmger and Raplee were excused from the meeting. (CFN-198) CHANGES TO THE AGENDA . B From the Public. (CFN-198) Other Business Items 7A and 7B were added at the request of • audience members. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke commended Community Development Director Satterstrom for his reappointment to the Kent Downtown Partnership Board of Directors. • The Mayor announced that Kevin Sprotbery has received the Videographer Award of Excellence for his work. • Michelle Witham, the Neighborhood Program Manager, was introduced B. Community Events. (CFN-198) The Mayor noted that the Kent Downtown Partnership Installation Banquet will be held at the Kent Senior Center at 5 30 on Friday, June 23rd. Mayor Cooke noted that Lowe's Home Improvements is opening on June 28th, and pointed out that it is at the location of the former Midway Swap Meet. Harmon commended the Youth Board for a great job on the recent Drinking Driver Task Force event. • CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through L. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of June 6, 2006 were approved. • B. Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 6, 2006 were approved. • Approval of checks issued for vouchers: Date Check Numbers Amount • 5/15/06 Wire Transfers 2429-2446 $1,537,003.07 5/15/06 Prepays &Regular 593352-594079 4,698,570.03 • Use Tax Payable 2,043 76 $6,237,616 86 • 1 • • • Kent City Council Minutes June 20, 2006 • • • Payment of the bills received through May 30 and paid on May 30 after auditing by the Operations Committee on June 6, 2006 were approved. Approval of checks issued for vouchers: • Date Check Numbers Amount 5/30/06 Wire Transfers 2447-2462 $1,295,542.66 5/30/06 Regular 594080-594778 3,513,595.17 Use Tax Payable 1,815.79 $4,810,953 62 i Approval of checks issued for payroll for April 16 through April 30 and paid on May 5, 2006• • • Date Check Numbers Amount 4/25/06 Interim Check 290370 $ 10646 • 5/5/06 Checks 290371-290665 214,681.53 , 5/5/06 Advices 195819-196508 1,267,706.53 Total Regular Payroll $1,482,388.06 • Approval of checks issued for payroll for May 1 through May 15 and paid on May 19, 2006: Date Check Numbers Amount 5/15/06 Interim Check 290666 $ 164.67 5/19/06 Checks 290667-290973 210,390.81 5/19/06 Advices 196509-197202 1,279,835.69 • Total Regular Payroll $1,4901226.50 Approval of checks issued for payroll for May 16 through May 31 and paid on June 5, 2006: i Date Check Numbers Amount 5/22/06 Interim Check 290974 $ 32968 • 6/5/06 Checks 290975-291283 220,542 70 • 6/5/06 Advices 197203-197897 1,301,324 60 Total Regular Payroll $1,521,867 30 C. Surplus Vehicle and Equipment. (CFN-136) Staff was authorized to "trade-in" the tractor/mowers described in the Public Works Director memorandum of May 30, 2006, for new tractor/mowers purchased in the current year. D. LID 329 —Traffic Signal at 74th Avenue South & SR 516. (CFN-885) July 18, 2006, was set as the public hearing date on confirmation of the final assessment roll for LID 329. The City Clerk was directed to provide notice of the hearing as provided by law. • • • 2 • • • • Kent City Council Minutes June 20, 2006 E. Ramsay Way Street Improvement Project. (CFN-1038) The Ramsay Way Street . Improvement project was accepted as complete, and release of retamage in the amount of $468,129.47 to R.W. Scott Construction upon standard releases from the state and release of any liens was authorized. F. Flexplan Program Agreement 2006-2007. (CFN-171) The Mayor was authorized to sign the F1exPass Program Agreement for 2006-2007 between the City, King County, Sound Transit and S Pierce Transit G Washington Economic Development Finance Authority. (CFN-825) Resolution No. 1726 approving Green Garden Foods Products, Inc.'s use of state Economic Development Finance • Authority non-recourse revenue bonds to build and equip a new manufacturing plant adjacent to its current facility at 5 85 1 South 194th Street was adopted. H. East Cofield Final Plat. (CFN-1272) The final plat Mylar for East Cofield Final Plat was approved and the Mayor was authorized to sign the Mylar. I. 4Culture Sustained Support Funding for Arts Commission. (CFN-839) The Sustained Support grant in the amount of$12,500 from the Cultural Development Authority of King County to support 2005 Kent Arts Commission programs was accepted, the expenditure of funds in the Kent Arts Commission budget was authorized, and the Mayor was authorized to sign the agreement J. Excused Absence for Councilmembers Ranni2er and Raplee. (CFN-198) Excused absences for Council President Ranmger and Councilmember Raplee from the June 20, 2006 City Council meeting were approved K Riverview Community Church Bill of Sale. (CFN-484) The Bill of Sale for Riverview . Community Church for 364 linear feet of streets, 3 catch basins, and 218 linear feet of storm sewer was accepted This project is located at 4135 S. 216th St. L. West Valley Hi2hway at 212th Bill of Sale. (CFN-484) The Bill of Sale for West Valley at 212` for 5 gate valves, 4 hydrants, 144 linear feet of water, 1,080 linear feet of sanitary sewer, and 6 sewer manholes was accepted. This project is located at West Valley and 212th. OTHER BUSINESS ADDED A Petition for Speed Bumps. (CFN-171) Jerry Johnson, 11316 SE 271st Street, voiced concern about the speed of traffic in that area, and said the City has been unresponsive He submitted a petition demanding speed bumps on 1 14th Avenue SE and on SE 271st Street. Mayor Cooke agreed to talk to Mr. Johnson immediately after this meeting, and WATSON MOVED to make the petition a . part of the record. Clark seconded and the motion carried. • ADDED B. Education. (CFN-198) Kenny Lorezca, 12202 SE 217th Street, said he graduated from Kentridge High School last week, and commented on the importance of education to ensure that the • blessings of liberty and prosperity are secured. Mayor Cooke arranged to speak with him immediately after this meeting. 3 • Kent City Council Minutes June 20, 2006 • • BIDS A. Kent Transit Center Access Improvements. (CFN-171) The bid opening for this project was held on June 12, 2006, with two bids received The low bid was submitted by Vetch Construction LLC, in the amount of$111,722.20. The Engineer's estimate was $95,916 42. Public Works Director Blanchard explained that since the estimate was made, costs have gone up and there are fewer bidders He recommended awarding the bid to Vetch Construction LLC HARMON MOVED i to authorize the Mayor to enter into an agreement with Vetch Construction LLC., for the Kent Transit Access Improvements project in the amount of$1 t 1,722 20 Clark seconded and the motion carried . REPORTS Council President. (CFN-198) Council President Pro Tern Clark announced that, due to the holiday i on July 4th, the next City Council meeting will be held on Wednesday, July 5th He outlined other meeting changes as follows 1) The July 3rd Public Works Committee meeting has been cancelled and a special meeting will be held at 5 00 p in. on July loth 2) The July 5th Operations Committee meeting has been cancelled. 3) The date of the Public Safety Committee meetings has been changed . for the rest of the year to the second Tuesday of each month, and the next meeting will be on • July 11 th Planning and Economic Development Committee. (CFN-198) Harmon noted that the next meeting will be on July 17th, and that a public hearing on historic preservation will be held in August. ADJOURNMENT At 7:35 p.m., WATSON MOVED to adjourn. Thomas seconded and the motion carried. i • • Brenda Jacober, CMC City Clerk • i i • • • i • i • • • 4 • • Kent City Council Meeting Date July 5, 2006 Category Consent Calendar 1. SUBJECT: CLEARWIRE US LLC, LEASE AGREEMENT— AUTHORIZE r 2. SUMMARY STATEMENT: Authorize the Mayor to sign a lease agreement with Clearwtre US LLC for its use of a portion of the site developed by T-Mobile (Voice Stream) on City property at 23825 98`t' Avenue South 3. EXHIBITS: Lease Agreement • 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`s N/A Revenue? Yes Currently in the Budget? Yes N/A No N/A • If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund 4100.5550 56260 Amount $16,200 00 yr ! 6. CITY COUNCIL ACTION: i Councilmember moves, Councilmember seconds DISCUSSION: • ACTION: Council Agenda Item No 6C • • PUBLIC WORKS DEPARTMENT i Larry R. Blanchard, Public Works Director • • KENT Phone 253-856-5500 Fax 253-356-6500 • WASHINGTON Address 220 Fourth Avenue S. Kent. WA 98032-5895 i • • Date: June 12, 2006 • To. Chair Debbie Raplee and Public Works Committee Members • PW Conunnttee Meeting Date: June 19, 2006 From: Brad Lake, Water Superintendent Through: Larry Blanchard, Public Works Director ( j • Subject: Clearwire US LLC Lease Agreement at 23825 98t6 Ave South Kent,WA • • • Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign a five to 10 year lease agreement with Clearwire US LLC for use of a portion of the site developed by T-Mobile (Voice Stream). Located at 23825 98"' Ave So., Kent Wa. As described in exhibit B of lease agreement. • • • Will document be required? • ❑ Ordinance ❑ Resolution ■ Agreement ❑ Contract • ❑ Policy ❑ SOP's ❑ Other • • Governing Policies Procedures Rules & Regulations: 7.02 080 same - Administration • • Background/History: C learwire US LLC., has negotiated a five year lease agreement with i Kent Water Division to use 49 square feet of property within the confines of the T-Mobile space located in the water reservoir facility at 23825 98"' Avenue South, as well as necessary access to install and operate a wireless i nternet service antenna. T he a greenient n neludes t he o ption t o extend the agreement for an additional five years. i i Summary: A five to 10 year lease agreement between the City and Clearwire US LLC., for an i antenna installation. The monthly rent for this space shall be $1,350, to be increased annually as agreed in the contract. • • Recommendations: Recommend authorization for the Mayor to sign a five to 10 year lease • agreement with Clearwire US LLC., for use of a portion of described property as described in • Exhibit B of lease agreement. P IP,,hhclAdmnrSuplPHCommuleeL4ctwnPnge doc • LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease's is entered into by and between the CITY OF KEN-, Washington municipal corporation ("Landlord") and CLEARWIRE US, LLC, a Nevada limited liability company, with its principal office in Washington located at 5808 Lake Washington Blvd, NE, Suite 300, Kirtland, Washington 98033 {"Tenant"). • BACKGROUND A. Landlord is the owner in fee simple or benefits from easements on parcels 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 a nonexclusive lease for the portion of the Property that is legally described on the attached Exhibit B, together with nonexclusive use of the areas legally described on the attached Exhibit B for access and utilities. 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. teased Premises. Landlord and Tenant enter into a nonexclusive lease for that . portion of the Property legally described on the attached Exhibit B as the premises (the "Premises`) together with non-exclusive use of the areas legally described on Exhibit B as access/utility easement for ingress, egress and utilities ("Access/Utilities Area"). This 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. Term and Option to Renew. This Lease shall commence on the earlier of: (a) S 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/Utilities Area (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 renew this Lease for one (1) 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. • LEASE AGREEMENT AT PUMP STATION NO. 5-Page,1 of 15 (LandfonL City of Kent;Tenant- GeanvireUSLLC) Site number:WA-TAC129A (May30,2006) 3. Rent S a. Tenant agrees to pay Landlord as Monthly Rent, without notice or demand, the sum of ONE THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($1,350.00), plus leasehold tax, 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 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: Public Works Director. • 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 is 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 attorneys fees. e. 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 city . owned antenna tower. Tenant shall also use the Premises for the purposes of constructing, . LEASE AGREEMENT AT PUMP STATION NO. 5-Page 2 of 15 • (Landlord.• Qy of Kent, Tenant: Ciearwire US LLC) Site number: WA-TAC129A (May30, 2006) • • • • 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 C. Tenant is responsible to provide all labor, materials, and equipment necessary for the items listed in Exhibit C. Prior to commencing 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 work have been approved by the Landlord • and all necessary permits have been properly issued. Landlord's Public Works Department shall give such approval or provide 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 perform. • (2) All improvements shall be constructed in a workmanlike manner • without the attachment of any liens 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/Utility Area, normal wear and tear exduded, 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 borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. • LEASE AGREEMENT AT PUMP STATION NO. 5-Page 3 of 15 (Landlord., Oty of Kent; Tenant- Mar wire US LLC) • Site number: WA-TAC129A (May30, 2006) • • (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 termination 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 Tenants 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 the Access Utility Area should Tenant not comply with the requirements of this section. 6. Use by Other Providers. a. 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. b. 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 arise 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/Utility Area. 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, • maintenance charges, and any other direct charges, costs and expenses against the Premises and Access/Utility Area which may be contemplated under any provisions of this Lease. 8. Maintenance. i a. Tenant shall, at its own expense, maintain the Premises, Access/Utility Area, 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/Utility Area 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. Tenant shall install, maintain, and replace, when necessary, all landscaping required by Exhibit C and Gty of Kent permits. • b. In the event the Landlord or any other tenant undertakes painting, construction or other alterations on the Landlord's Property described in Exhibit A, Tenant LEASE AGREEMENT AT PUMP STATION NO. 5-Page 4 of 15 (Landlord., CYty of Kent;Tenant ClearWre US LLQ Site number: WA-TAC129A (May30, 2006) 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 i 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 tern of this Lease. 10. Utilities. Tenant shall, at its expense, separately 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. 11. 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/Utilities Area. i 12. Approvals; Compliance with Laws. Tenant's use of the Premises and the Access/Utility Area is contingent upon its obtaining all certificates, permits, 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 8 hours, all such actions which 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 Tenants w'sreless 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. t 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 LEASE AGREEMENT AT PUMP STATION NO. 5-Page 5 of 15 S (Landlord: City of Keni7 Tenant. aearwire US LLQ Site number: WA-TAC129A (May30,2006) i 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 day period and Tenants 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 Landlord'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 correct, within 8 hours, all such actions that interferes. A governmental unit may be 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 conform 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 for the benefit of creditors; e. Tenant becomes insolvent; or • f. Ether 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 party 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 thereafter 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 • LEASE AGREEMENT AT PUMP STATION NO. 5—Page 6 of 15 (Landlord.- Clfy of Kent; Tenant•. 66arwire US LLC) Site number: WA-TAC129A (May 30,2006) • 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 a 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 Termination. 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 constniction 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 communication service for • any reason, including, but not limited to, non-renewal, expiration, or cancellation of its license. 17. Damages and Attomey'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 recover 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 termination 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 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/Utility Area. • 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 terminate 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, LEASE AGREEMENT AT PUMP STATION NO. 5—Page 7 of 15 • (Landlord. City of Kent; Tenant; Cleanvire US LLQ • Site number: WA-TAC129A (May 30,2006) 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 any right or claim • to any portion of all damage awards, whether awarded as compensation for 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 awarded 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, AceesS/Utility Area, Tenant's Antennae FaaGties, 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 "Indemnitees"), from and against: i (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/Utilities Area, 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/Utilities Area, Tenant's Antennae Facilities, Tenant's other improvements. • Tenant shall cause such claim or lien covering Landlord's Property to be discharged or bonded per the requirements in section 5.(a)(2). • i LEASE AGREEMENT AT PUMP STATION NO. 5—Page 8 of 15 • (Landlord- City of Kent, Tenant.- Cearwe US LLC) Site number:WA TAC129A (May30, 2") • (3) Notwithstanding the foregoing,Tenant shall not indemnity, defend or hold harmless Landlord for any liabilities,obligations, damages, penalties, claims, liens, costs, charges, 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/Utilities Area. 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 Indemnitees 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 • liability in any such matter on behalf of the Indemnitees without the written consent of Landlord and provided furdw 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 shall 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 attomeW 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 emits 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 • LEASE AGREEMENT AT PUMP STATION NO. 5—Page 9 of 15 f, (Landlord; City of Kent; Tenant.• Q'earwire US LLQ • Site number: WA-TAC129A (May30,2006) damage. The policy shall provide blanket contractual liability 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 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 during the period of any construction, builders all-risk 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 . written 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 f, 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 'inured 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 . LEASE AGREEMENT AT PUMP STATION NO. 5—Page 10 of 15 (Landlord. City of Kent; Tenant. )earwfre US LLQ Site number: WA-TAC129A (May30,2006) • 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 Polides 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 in the State of Washington. All insurance carriers and surplus line carriers shall be rated A- (VIH) or better by A.M. Best Company. 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/Utility Area • 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. h. 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/Utility Area will not generate any hazardous substance, and it will not negligently or intentionally store, or dispose, or transport over the Premises and Access/Utility Area 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 result thereof except any release caused by the negligence of Landlord, its employees or agents. Similarly, Landlord • warrants that the Premises and Access/Utility Area 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 • LEASE AGREEMENT AT PUMP STATION NO. 5-Page it of 15 (Landlord!* Gty of Kent; Tenant. Cleafwire USLLC) • Site number: WA-TAC129A (May30,2006) 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 Tenant at two times the rents herein specified and shall otherwise be on • the terms and conditions herein specified, so far as applicable. • 25. Subordination to Mortgage. Any mortgage now or subsequently placed upon any t, 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 TenanCs use and quiet enjoyment of the Premises and Access/Utilities Area 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 the Access/Utilities Area in the condition existing as r♦ of the Commencement Date. Landlord makes no representation or warranty with respect to the • condition of the Premises or Access/Utilities Area. • 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 risking 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: Public Works Director City of Kent 220 Fourth Avenue South • Kent, WA 98032 LEASE AGREEMENT AT PUMP STATION NO. 5—Page 12 of 15 • (Landlord: City of Kent; Tenant. Clearwire US LLQ Site number: WA-TAC129A (May30, 2006) . • With a copy to: City Clerk City of Kent 220 Fourth Avenue South Kent, WA 98032 If to Tenant, to: Clearwire US, LLC 5808 Lake Washington Blvd, NE • Suite 300 Kirkland, WA 98033 Attn: Property Manager With a copy to: Clearwire US, LLC 5808 Lake Washington Blvd, NE Suite 300 . Kirkland, WA 98033 • Attn: Law Department • 29. Assignment and Subletting. 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 liabirity 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 writing 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 • LEASE AGREEMENT AT PUMP STATION NO. 5-Page 13 of 15 (Landlord: City of Kent, Tenant aeanvire US LLC) • Site number: WA-TAC129A (May30,200S) 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 right to assign this Lease without Landlord's consent to any of Tenants 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 Assigns. 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 strict 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 writing. • 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/Utility Area that are directly the result • of Tenants 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 Premises. • 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. LEASE AGREEMENT AT PUMP STATION NO. 5-Page 14 of 15 (Landlord.- City of Kent; Tenant- aeanvire US LLC) • Site number: WA-TAC129A (May30,2006) • 34. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority 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. i LANDLORD: TENANT: CITY OF KENT CLEARWIRE US, LLC. By: By:� � Print Name: Suzette Cooke Print Name: Its: Mayor Its: `i"C� _ • Date: Date:cnc�-c;; APPROVED AS TO FORM: Kent Law Department • LEASE AGREEMENT AT PUMP STATION NO. 5—Page 15 of 15 • (Landlord: Oty of Kent; Tenant: Clearwire US LLC) • Site number: WA-TAC129A (May30,2006) EXHIBIT A LEGAL DESCRIPTION OF LANDLORD'S PROPERLY • Lot 1, City of Kent Short Plat Number SP 84-10, recorded under • Recording Number 8412200S89, being a portion of the north half of • the southwest quarter of the southeast quarter of the southeast • quarter in section 18, Township 22 North, Range S East, W.M. , in • King County, Washington. LEASE AGREEMENT-EXHIBIT A . (Landlord: City of Kent; Tenant.•Clearwfre LLQ . 5 CLEAR WIRE SITE No.WA-TACi29-D • PROPOSED LEASE AREA WITHIN T-MOBILE SITE & ACCESSCUTILITY EASEMENT • THAT PORTION OF THE NORTH HALF,OF THE SOUTHWEST QUARTER,OF THE SOUTHEAST . QUARTER,OF THE SOUTHEAST QUARTER OF SECTION 19.TOWNSHIP 22 NORTH,RANGE o5 • EAST,W.M. IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS: • COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED SUBDIVISION, • SAID POIN r ALSO BEING THE NORTHWEST CORNER OF LOT i OF CITY OF KENT SHORT PLAT No.SP-94-10 RECORDED UNDER KING COUNTY RECORDING No.8412200589; THENCE N 99023*02"E,ALONG THE NORTH LINE OF SAID LOT I AND OF SAID SUBDIVISION,A DISTANCE OF 10.00 PEET; THENCE S 00036'58"E,A DISTANCE OF 9.67 FEET TO THE TRUE • POINT OF BEGmNING OF THIS PROPOSED LEASE AREA DESCRLPTION; THENCE N 89023'02" B,A DISTANCE OF 7.00 FEET; THENCE S 00°36'58"E,A DISTANCE OF 7.00 FEET; THENCE S • 99-23 02"W, A DISTANCE OF 7.00 FEET, THENCE N 00-36'58"W,A DISTANCE OF 7.00 FEET • TO THE TRUE POINT OF BEGINNING. . THF-A30VE DESCRIBED PROPOSED LEASE AREA,IS INTENDED TO ALL LIE WITHIN AN EXISTING LEASE AREA FOR MONOPOLE AND OTHER COMMUNICATIONS EQUIPMENT. TOGETHER WITH A 12.00 FEET WIDE EASEMENT FOR ACCESS AND UTILITIES LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT CENTERLINE: • COMMENCING AT THE ABOVE DESCRIBED NORTHWEST CORNER OF SAID LOT 1; THENCE • N 89'23'02 E,ALONG THE NORTH LINE THEREOF,A DISTANCE OF 626.94 FEET TO THE WESTERLY MARGIN OF 98d'AVE.S.; THENCE S 01°04'49^W,ALONG SAID WESTERLY • MARGIN,A DISTANCE OF 6.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS ACCESS • EASEMENT CENTERLINE DESCRIPTION; THENCE S 89.23102 CJ,PARALLEL WITH SAID NORTH LINF,A DISTANCE OF 494.94 FEET TO A POINT OF CURVATURE,THENCE ALONG A • CURVE TO THE LEFT HAVING A RADWS OF 27.00 FEET,THROUGH A CENTRAL ANGLE OF 520I9'48",AN ARC DISTANCE OF 24.66 FEET TO A POINT OF REVERSE CURVE;THENCE • ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 27.00 FEET,THROUGH A CENTRAL ANGLE OF 52'1949-AN ARC DISTANCE OF 24.66 FEET TO A POINT OF TANGENCY; THENCE • S 89023'02"W,A DISTANCE OF 42.00 FEET MORE OR LESS TO THE LAST L114[OF AN EXISTING LEASE AREA AND THE TERMINUS OF SAID ACCESS AND UTILITIES EASEMENT CENTERLINE- Q o �o.� o T • O c • O�'ALLA1� • pcplxssoum 1 • EXHIBIT "B" • • • • EXHIBIT C • OVERALL SITE PLAN AND • PROJECT DETAILS • • Lessee agrees to road improvements and and access road as shown in the attached • drawings (3 pages). • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LEASE AGREEMENT AT PUMP STATION NO. S—Exhibit"C" • (Landlord.• City of Kent;Tenant-Cleanwre, LLC) • • • • • • • EXHIBIT '",C" • Page 1 of 3 • • • • • • CALM)NI iMSMNDTASRESUF 201 NDIES fpNE1V1E1DDNDiE: I lEfNL DESCAPMM • a..�raw�.a�E�md6� M�� P YYv V aN wm RY-OJ.-rC Yc • i,. • /��es vat �• 1...�.TY� r �ti'!+�• __la..._-__Yf. `i-- Lam.{OrQyt�Ye^p FV��a ♦Y.s....a.¢s n • �r - _� o ice- { �. . • PROJECT �- _ --,, _.. _ -w„ AREA SEE Y� � 'a'r • �--= -- - i PVERALL SITE PLAN .. ��I11�^,+,� s..c...o+.r 4i[NIIM"k YbTACtfLP ].Ys^.Gi _ 4a1t.ItM ����I Y.Ps ..� @f .ON • ImC ^� . r.fs. 6 8 5 ♦ J • • • • • • • EXHIBIT "C" . Page 2 of 3 . �+.� •w.t..cqu-wa w.r e_eme.e»r_•F.a • Ida w • '+w'®..��.awR ss�+s usi C F 1 NOT USED 2 U.G.CABLE SPEGFICATION ;; 3 EfE NOTES y , �,TI I li w_wr•0 I I � fe�e_i .s.e.resr.rw - 6 PARTS USr I tea` _m a•oas _ 0 � 1 I rm..,eeews r�r'•�ewn.a „v U ,U1 �..m 11 m•mwf—c �.oae_...�-eer_.-�.rms 4M�WARE LIST ''• ••• a F1EVA'ION PWY 4[W T T— 4 ANTENNA MOUNTING DETAB_ 9MM 5 IROAD UPGRADE 6 Mv-NOTES dear w're" "RINK — _ dear w rer WEB B I _ •s u....—... "rc llu.ee WA-T11C•».uy �- _ .ns•mu anvil ,•.N. cas 8 5 s t • • • • • • • • • EXHIBIT"C" • Page 3 of 3 i • • IN THE EVENT TENANT, OR ITS REPRESENTATIVES, CUT, TRENCH, OR MODIFY THE • CURRENT ACCESS SURFACE FOR INSTALLATION OF REQUIRED INFRASTRUCTURE, LANDLORD REQUIRES AND TENANT AGREES TO RESURFACE THE ENTIRE 277.11, OF • EXISTING CLASS B ASPHALTED ACCESS ENTRY TO A MINIMUM OF 2" THICK CLASS B • ASPHALT WITH A TACK COAT IN BETWEEN. • • • • • • • i • • • • • • • • • • • • • • • • • • • r . Kent City Council Meeting S Date July 5, 2006 Category Consent Calendar 1. SUBJECT: PUGET SOUND ENERGY EASEMENT, 277TH AND GREEN RIVER ROAD — AUTHOR[ZE • 2. SUMMARY STATEMENT: Authorize the Mayor to sign an easement granting Puget Sound Energy rights to install a natural gas pipeline on City property located north of South 277`h Street and east of the Green River Road. 3. EXHIBITS: Public Works memorandum and easement 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? X . Currently in the Budget? Yes No • If no: • Unbudgeted Expense: Fund Amount $ ' Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6D • a • PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director one 253-856-5500 KENT PhFax 253-856-6500 . WASHINGTON • Address: 220 Fourth Avenue S. • Kent, WA 98032-5895 • Date: June 13, 2006 • To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 20, 2006 From: Tim LaPorte, Design Engineering Managern� Through: Larry Blanchard, Public Works Director LAE> • Subject: Easement to Puget Sound Energy for Kent-Black Diamond Gas Project • Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend authorization for the Mayor to sign an easement document granting Puget • Sound Energy a 20 foot wide easement to construct and operate a natural gas pipeline on City property located north of S. 277th Street and east of Green River Road. • Will document be required? ❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ■ Other- Easement • Governing Policies Procedures Rules & Regulations: • • • • Background/History: Puget Sound Energy is proposing to construct additional segments • of the Kent-Black Diamond natural gas pipeline, a 16 inch diameter pipe that will cross through the City of Kent. This pipeline will reinforce PSE's distribution supply for the City • of Kent. A portion of the pipeline was installed between the S. 2771h St. Green River bridge • and 108th Avenue SE when the S. 277th St. corridor was constructed. This section of • pipeline will connect to the previously installed pipeline, extend westerly along the north side of S. 2771h St. down the hillside to Green River Road. Due to the terrain, it's necessary that the pipeline be located on City property outside of street right-of-way. In addition to the easement, PSE is required to obtain approvals through the development review process. • Summary: Grant an easement to Puget Sound Energy to construct and operate a natural gas pipeline on City property located along the north side of S. 277th St. and east of Green River Road. Puget Sound Energy will compensate the City $1,S00 for the easement. • Recommendations: Recommend authorization for the Mayor to sign the easement • document granting Puget Sound Energy an easement for a natural gas pipeline. • • • • P 1PuM+cUdm+nSuplBerhlPR'CammnlaelAcNonPngndac • • • • • Yt • r' i • sa • Z. w a tf��t �, � • V T" 'z G fp < d • y P1 2 W • O� ` Z �GI �� � a is °-VI N S^� t.a . • cv .90 LZ9Z , • M r�S m • FL a f �V "7�7 N � � °, r f (h(� � • Z W vao i3 '1 a ` > Q } s_ a � o CL ` fl U ry • a =, .- tea r) / �4 xr •ff. CO09 O Ln � i 0 � • • • • • • • RETURN ADDRESS: Puget Sound Energy . Attn: Real Estate Department PO Box 97034 EST-06W ! Bellevue, WA 98009-9734 i • • • EASEMENT • REFERENCE #: 109025368 GRANTOR: CITY OF KENT GRANTEE: PUGET SOUND ENERGY • SHORT LEGAL: NE 1/4 OF 31-22-5 ' ASSESSOR'S PROPERTY TAX PARCEL: 312205-9008; 322205-9191 . THIS INSTRUMENT made this day of 2006, by and between, • CITY OF KENT, a Washington municipal corporation, herein called "Grantor" and PUGET • SOUND ENERGY, INC., a Washington corporation, herein called "Grantee": WITNESSETH: • That said Grantors for an in consideration of Fifteen Hundred Dollars ($1,500.00) do by these presents convey unto said Grantee an easement for a natural gas pipeline, over, through, under, across and upon the following described property situated in KING COUNTY, • Washington, more particularly described as follows: EASEMENT AREA: A STRIP OF LAND 20 FEET IN WIDTH, BEING A PORTION OF THE NORTHEAST QUARTER OF THE SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M. AND THE • NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING 10 FEET ON EACH SIDE OF THE ! FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31, A 3-INCH IRON PIPE WITH A TACK IN A WOOD PLUG, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 31, A 3-INCH X 3-INCH . CONCRETE MONUMENT WITH A 3/8-INCH BRASS ROD BEARS • SOUTH 02030'48"WEST 2,622.46 FEET DISTANT,THENCE SOUTH gns 6n 4io6 i 40°50'23"EAST A DISTANCE OF 1,289.07 FEET TO ENGINEERING r♦ STATION 72+10 AS SHOWN ON CITY OF KENT, SOUTH 277T" . STREET INTERCEPTOR ENGINEERING PLANS, DATED JULY, 1998 • AND THE BEGINNING OF SAID STRIP CENTERLINE; THENCE NORTH 33028'45"WEST A DISTANCE OF 73.47 FEET TO A POINT 70 FEET LEFT OF ENGINEERING STATION 71+88 MORE OR LESS; . THENCE SOUTH 72043'19" WEST A DISTANCE OF 197.07 FEET; . THENCE NORTH 62046'23" WEST A DISTANCE OF 127.86 FEET; • THENCE SOUTH 67043'27" WEST A DISTANCE OF 252.85 FEET, THENCE SOUTH 58042'24" WEST A DISTANCE OF 165.99 FEET; • THENCE SOUTH 71030'44" WEST A DISTANCE OF 202.49 FEET; THENCE NORTH 73002155" WEST A DISTANCE OF 427.45 FEET; THENCE SOUTH 84026'50" WEST A DISTANCE OF 197.62 FEET; ! THENCE SOUTH 45049'30" WEST A DISTANCE OF 62.88 FEET TO THE EAST MARGIN OF GREEN RIVER ROAD SOUTH AND THE • TERMINUS OF SAID STRIP CENTERLINE FROM WHICH SAID EAST QUARTER CORNER BEARS SOUTH 21°41'23" EAST 1,636.70 FEET DISTANT. EXCEPT ANY PORTION THEREOF LYING WITHIN EXISTING OR • FUTURE RIGHT OF WAY DEDICATED FOR ROAD PURPOSES. ! THE SIDELINES OF SAID STRIP TO TERMINATE AT INTERIOR ANGLE POINTS, AT THE ENGINEERING CENTERLINE OF SAID CITY OF KENT ENGINEERING PLANS AND AT THE EAST MARGIN ! OF GREEN RIVER ROAD SOUTH. CONTAINS AN AREA OF 34,154 SQUARE FEET OR 0.78 ACRES, • MORE OR LESS. ! The said Grantee shall have the right to enter upon said property for the purpose of constructing, operating, maintaining and repairing said natural gas pipeline without incurring ! any legal obligation or liability therefore; provided that such repairing of said natural gas pipeline shall be accomplished in a manner that the Grantor's improvements existing on this . property shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, • they will be replaced in as good a condition as they were immediately before the property was entered upon by Grantee. It is understood and agreed by the parties herein that the Grantee may access the adjacent property owned by Grantor on a temporary basis for the purpose of construction, maintenance or repair provided such areas are restored after entry to a near . original condition as approved by the Grantor. The Grantee shall obtain a permit from the Grantor for construction work on said natural • gas pipeline, exclude work for emergency situations. The Grantee shall obtain all necessary agency approvals for work within wetlands and other sensitive areas. ! The Grantor shall retain the right to use the surface of said easement so long as said • use does not interfere with the said natural gas pipeline. 2 ! Grantee shall defend, indemnify and hold Grantor harmless from any and all claims or S damages arising from the exercise of the rights granted herein to the extent of any negligent act or omission to act by Grantee, its employees, agents or contractors. Grantee shall not have the right to assign, apportion or otherwise transfer any or all of • its rights, benefits, privileges and interests arising in and under this easernent, other than to • successor utility company engaged in the business of providing utility service, without first obtaining the prior written consent of Grantor. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their • respective successors and assigns. DATED this day of 2006. Accepted by Puget Sound Energy Title CITY OF KENT: BY: r MAYOR 16 STATE OF WASHINGTON ) )SS . COUNTY OF KING ) 0 On this day of , 2006, before me, the undersigned, a 0 Notary Public in and for the State of Washington, duly commissioned and sworn, personally i appeared SUZETTE COOKE, to me known to be the MAYOR, of CITY OF KENT, the . corporation that executed the instrument and acknowledged said instrument to be the free and voluntary act and deed of said corporation and for the uses and purposes therein mentioned and on oath stated that she was authorized to execute said instrument. S GIVEN under my hand and official seal hereto affixed the day and year in this certificate first above written. Print Name: Notary Public in and for the State of Washington Residing at My commission expires . Notary seal, text and all notations must be inside 1"margins P•\Cm1\F1LES\0PenPoes\0177-2006\PSE-Ea�m t 277th dm 3 Kent City Council Meeting Date July 5, 2006 Category Consent Calendar 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT GRANT FOR CERT TRAINING MATERIALS — ACCEPT AND AUTHORIZE 2. SUMMARY STATEMENT: Accept and authorize the Mayor to sign a grant agreement with the King County Office of Emergency Management in the amount of $3,000. The City's Emergency Management Division received a reimbursable grant in an amount not to exceed $3,000 from the King County Office of Emergency Management. • These grant proceeds are to be used for the design and purchase of CERT training display materials which will be used at various public events This is a collaborative project that includes Renton, Federal Way, and King County Fire District 40. The Agreement with King County has been reviewed and approved by the City Attorney. 3 EXHIBITS: Grant agreement and application proposal s 4. RECOMMENDED BY: Public Safety Committee 6/15/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes • Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00039.6XXXX.2150 Amount $3,000.00 Unbudgeted Revenue: Fund V00039.53709 Amount $3,000 00 . 6. CITY COUNCIL ACTION: Councilmember moves, Councdmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E FFY05 Late Winter Citizen Corps Grant CERT Display FFY05-CC7-234 AGREEMENT ! King County and City of Kent; c/o Assistant Chief Dominic Marzano Grant Source FFY05-SHSP-007 This Agreement is executed between King County by and through its Office of Emergency Management, and Kent Emergency Management, c/o Assistant Chief Dominic Marzano, a government organization located in the City of Kent, under the F FY05-S H S P INTRODUCTION Emergency preparedness education is critical to the overall ability of communities to i respond effectively to disasters Emergency management agencies need to involve all sectors of the community in preparedness education for overall outreach success to establish an educated and prepared citizenry • An overall mission for King County is to promote disaster resilient communities through excellence in service and partnerships. To that end, King County is partnering with Kent Emergency Management (a municipal organization) in King County to directly engage Citizens attending community fairs The program will involve emergency • preparedness education outreach to citizen audiences, and training of potential S Community Emergency Response Team (CERT) participants to an understanding of emergency management and response PURPOSE r♦ This Agreement establishes the parameters by which Kent Emergency Management, . c/o Assistant Chief Dominic Marzano, will perform the following. With funds received under this proposal, the City of Kent will coordinate the design and development of display booth materials aimed at encouraging individuals to participate in their local CERT training program Display booth materials will include: banners/signs with CERT logo, CERT brochure with appropriate contact information . that highlights programs in South King County, display board and table cover. Each participating jurisdiction (City of Kent, Federal Way, Renton and King County Fire Protection District # 40), will receive 600 copies of the generic brochure produced with • Page 1 of 3 FFY05 Late Winter Citizen Corps Grant CERT Display FFY05-CC7-234 funds received from this grant. The brochure will be made available to other King County CERT training providers in electric form Participating jurisdiction can use the display booth materials at community events scheduled in their jurisdiction The City of Kent will store the supplies and coordinate "check out." • All participating jurisdictions will have input on the design of the display booth materials. RESPONSIBILITIES With this agreement, Kent Emergency Management (c/o Assistant Chief Dominic Marzano) agrees to the following terms and conditions for A. Development and purchase of display booth materials • B Use of the reporting and invoicing procedures for the grant as specified by King County A. Program Deliverables This display booth program will be effective January 15, 2006 -March 31, 2007. Under this grant program Kent Emergency Management (c/o Assistant Chief S Dominic Marzano) will: • • South King County will be addressed by the program; • Cities of Kent, Federal Way, Renton and Fire District #40 within King County, • Steps to complete scope of work include: • Coordinate the design of the display booth materials Purchase display booth materials • Provide an activity report quarterly, starting September 15, 2006 through March 31, 2007, • Keep Office of Emergency Management Project Manager apprised of • activities via meetings, emads and phone calls, • • City of Kent will maintain contact with King County OEM staff contact as needed to present challenges or obstacles in completing the scope of work; • Kent Emergency Management (c/o Assistant Chief Dominic Marzano will submit a final report with the completion of the protect and will detail performance, problems, challenges, special initiatives to overcome, best practices, and final tallies of the protect • Kent Emergency Management will keep all records for transaction in the completion of the scope of work for a period not less than six years and will . avail these to grant auditors as requested. • Page 2 of 3 • FFY05 Late Winter Citizen Corps Grant • CERT Display FFY05-CC7-234 King County will perform as the administrative agency for the FFY05-CC7-234 grant • and will monitor the progress of the program and the deliverables for the grant The grant of 3000 00 will be delivered in reimbursable increments City of Kent will invoice King County for contractor support, staffing costs, and supplies expended in the performance of the grant King County OEM staff will be available to consult on . meeting deadlines, removing obstacles, and completing the scope of work . PROGRAM CONTACTS: King County Office of Emergency Kent Emergency Management Management Kimberly Behymer Timothy E Doyle, Project Manager III 24611 - 116th Ave. S Alec Chapman, Protect Manager II Kent, WA 98030 . 3511 NE 2 d Street Telephone. (253) 856-4343 Renton, WA 98056 E-mail: kbehymer(a.a kent.wa us Telephone (206) 295-3830 E-mail timothy doyle(a)metrokc gov E-mail alec Chapman a metrokc goy Facsimile (206) 205-4056 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below. King County City of Kent BY Director [Title] Date Date . King GGURty Pre6es61t1ng Atte-Mey Dam • Page 3 of 3 • FFY 05 LATE-WINTER Application Form FFY 05 CITIZEN CORPS PROGRAM*t • GRANT APPLICATION (Use additional sheets if necessary) * Guidelines are found http /,"ww metrokc cov/prepare/horneiaudsecarity!liomelandsecunty race its aspx t All projects must comply with one or more of the following: American Red Cross, Washington State EMD, and/or King County public education standard messaging I Date. 4/3/06 " so A. Kimberly Behymer Program Coordinator, �':, � • 2. A. Point of contact (Title&Information) (253) 856-4343/kbe4 bier@ci.kent.wa.us B Agency requesting re-imbursement: B City of Kent'Emergency Management 24611 1161"Ave SE Kent, WA 98030 Current;'service area includes the Cities of 3. Briefly describe the current service Kent and Covington and the boundaries of area(s) = King County Fire Protection District#37. (Example: Current service area includes the, City of Waynetown and the boundaries cif• HII Montgomery County Fire District 7 or the Cities of Austin, Adams, and Br6 nsdale ) 4 A. Outside the current,s6rvice"area, how A. 3 many jurisdictions are collaborating in this Collaborating agencies include the cities of prolecO Please describe. Kent, Federal Way, Renton and Fire District 40. 4 B. A letter of'snpport and a description of the jurisdiction's responsibilities and scope B Letters attached of work on letterhead (including contact information) from all collaborating Letters to follow_X_ jurisdictions for the completion of this project must be provided by the end date of • the Appeal Process, April 28, 2006. Public events display materials. 5. Project name: (Only one project per application) A letter of support from the Citizen Corps Council must be submitted with each RFP March 8, 2006 • FFY 05 LATE-WINTER Application Form • • application. This intonmation must be tecen cd by the end dale of the Appeals Process,April 28, 2006 • 6. Name of your Citizen Corps Council _City of Kent Citizen Corps Council_ (CCC)• • Date established- May 2001 t,,. • Month /year 7 Citizen Corps component- Must comply with the federal mission Citizen Corps: _CERT X • statement for the component(See: www citizencorps org) MRC. *Note: A letter or email, including contact VIPs: information, confirming affiliation with local jurisdiction is required with YIPS. • Neighborhood Watch, and Fire Corps FIRECORPS:' _ applications must be provided by the end of the ,t Appeal Process_April 28, 2006. NEIG14BORHOOD WATCH• • Submit additional requests for each project. • If your project includes more than one r ( heck only one) • component, such as a di,aster drill using Firs, Corps and CER•l volunteers, apply under „jI�,t ..Citizen Corps " 1' ;' ,I • 8. Was this project funded by theFFY05 Yes: No. X_ SHSP-E06-014? (Autumn-RFP process) 9. Is this a new Tyear) Citizen Corps Yes: No: _X_ Council or Component? 10� `this Citizen Corps Council or Yes: No: _X Component more than 1 year-old but less than 2 years-old9 11. If"No" to #9 and#10, is this a new Yes: X No: project? — • • March 8, 2006 • • FFY 05 LATE-WINTER Application Form i 12. Is this project for continuing education of existing Citizen Corps volunteers? Yes: No: _X_ i 13. Does this project/component have a Yes No_X_ current funding source? If no describe why: While each jurisdiction conductAtRTy DHS Grant program requirements affirm training, this collaborative project that that federal funds will be used to shares supplies is not included in current supplement existing fund, and will not budgets. replace (supplant) funds that have been appropriated for the same purpose. 14. "With the submittal of this application,° I have read and certify the statement of I hereby certify that these funds will no(be supplanting of funds. used to supplant extsttng funding sources " Initial _KB_ �1"W 15. What goal of the Sta"Ye Homeland Goal 5.6: "To build the state volunteer Security Strategic Plan does this address? citizen capability and capacity." Note: See below for link. (Failure to cite numbee(s) &descriptions of the goals wall result in disqualification) • htt .//emdwa ov/5 ro /wahsas/2005InterimPlan pdf • 16 'What goal of the Region 6 Homeland Priority VI, Goal C: "Increase public • Security Strategic Plan does this address? awareness of hazards and risks to promote . Note: See below for link. self-reliance and personal safety." (Failure to cite number(s) &descriptions of the goals will result to disqualification) • http //www metrokc gov/prepare/docs/5trat%20PIan/2005-12- 20%20003%20KC HLS%20PIan 12-15-05 revised df March 8, 2006 • • FFY 05 LATE-WINTER Application Form • • 17 Does this project target special No_X_ population(s)? • Yes • Explain (E G Special needs,seniors, ESL, citizens with physical or economic challenges) • • Scope of Work: . ��)„ • 18. Provide a brief but detailed description of the scope of work. (nor more than 50words). • This application is submitted by the City of Kent on behalf of the Cities of Kent, Federal Way, Renton and Fire Protection District #40. These four jurisdictions'are'workmg • together to strengthen CERT programs in South King County. . With funds received under this proposal, the City of Kent wilfccordihate the design and development of display booth materials aimed at encouraging individuals to participate in -their local CERT training program. Display booth materials will include. banners/signs with CERT logo, CERT brochure with appropriate contact information that highlights programs in South King County, display board and,table cover. Each participating jurisdiction(City of Kent, Federal Way, Renton and King County Fire Protection District# 40), will receive 600 copies'of the generic brochure produced with funds received from this grant The brochure will be made available to other King • County CERT training providers in electric form • Participating jurisdiction can use,the display booth materials at community events • scheduled in their jurisdiction. The City of Kent will store the supplies and coordinate "check out." • All participating jurisdictions will have input on the design of the display booth materials. . 01 • • • • • • • • • March 8, 2006 • • FFY 05 LATE-WINTER Application Form ! s 19. Will this project create a deliverable product or service that will benefit other Citizen ! Corps Councils in King County? If yes,please give a detailed explanation, including the date by which the service will be provided or the product delivered to King County ! Office of Emergency Management for distribution With funds received from this grant the City of Kent will develop a CERT brochure that ! can be reproduced and used by any jurisdiction in King County, particularly South King County The brochure will be delivered to King County Emergency Management Office ! in electronic format by October 2006. 5 �I ! 20. Project Timeline: I COMPLETION ! ACTIVITY/PRODUCT DATE ! Coordinate the design of display booth materials 05/06 Purchase display booth materials 06/06 or signed MOU ! Coordinated use of materials '; ' '" ongoing tF �I ! w� x ! All prdjpct activities and invoices must be completed and ! submitted to King County OEM. (No later than February 28, 2007) ! ! ! ! ! ! ! March 8, 2006 s ! • FFY 05 LATE-WINTER Application Form • 21. Budget Sheet (be specific): • ITEM COST 0 Salaries & Benefits $ • Overtime Wages (Includes salary& benefits) $ 0 Travel & Per Diem $ Goods & Services (Includes printing,postage, etc ) (Please itemize) (2) 3 x 6 signs .. .. . .. 60000 (t)4 x 8 sign ...... ... 45000 $ 39000 (l)A-board sign . ........ . ... . .. 25000 (2)Display board .... .. .. 80000 (2) Table covers . ... .. 30000 creation and production of brochures 60000 Supply Costs (ODP approved list)" !'! (Please itemize) $ Facility Rental $ Contractor/Consultant (Not on Excluded Parties List)z $ V1, It Other (Please specify) i'""' $ TOTAL REIMBURSEMENT COSTS $ 3,000 • Expenditures may only occur wiihin'the approved category listed above by the • applicant agent; however;,up,to'10% of the total may be shifted between approved categories m • If it is necessary to shift an amount totally more than 10% funds awarded, written approval must be received by the KC OEM program administrator. • DHS Grant program requirements affirm that federal funds will be used to • supplement-existing fund, and will not replace (supplant) funds that have been appropriated for the same purpose. to http/lwww uietrokc$UV�prepare,`doCS/HLS FFY05AllowableEguipList pdf z http //wwwinetrokcgov,fprepare/docs/HLS FY05'io20HSUP%20Gran1°'o20Gwdt;lmes4o20App°o20Kitpdf March 8, 2006 Kent City Council Meeting Date July 5, 2006 Category Consent Calendar 1. SUBJECT: KING COUNTY OFFICE OF EMERGENCY MANAGEMENT GRANT FOR CERT TRAINING COURSES — ACCEPT AND AUTHORIZE • 2. SUMMARY STATEMENT: Accept and authorize the Mayor to sign a grant agreement with the King County Office of Emergency Management in the amount of WOO. The City's Emergency Management Division received a reimbursable grant in an • amount not to exceed $12,000 from the King County Office of Emergency Management. The proceeds are to be used to reimburse the costs for coordination of two Community Emergency Response Team (CERT) refresher training courses This is a collaborative project that includes Renton, Federal Way, and King County Fire District 40. r The Agreement with King County has been reviewed and approved by the City • Attorney 3. EXHIBITS: Grant agreement and application proposal 4. RECOMMENDED BY: Public Safety Committee 6/15/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Yes Revenue? Yes Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund V00038.6XXXX 2150 Amount $12,000 00 Unbudgeted Revenue: Fund V00038.53709 Amount $12,000.00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F . FFY05 Late Winter Citizen Corps Grant • CERT Training FFY05-CC7-233 AGREEMENT King County and City of Kent; c/o Assistant Chief Dominic Marzano Grant Source FFY05-SHSP-007 This Agreement is executed between King County by and through its Office of Emergency Management, and Kent Emergency Management, c/o Assistant Chief Marzano, a government organization located in the City of Kent, under the FFY05- • SHSP w INTRODUCTION Emergency preparedness education is critical to the overall ability of communities to respond effectively to disasters Emergency management agencies need to involve all sectors of the community in preparedness education for overall outreach success to establish an educated and prepared citizenry. An overall mission for King County is to promote disaster resistant communities through excellence in service and partnerships. To that end, King County is partnering with Kent Emergency Management (a municipal organization) in King County to directly engage Community Emergency Response Team (CERT) graduates by providing refresher training. PURPOSE • This Agreement establishes the parameters by which Kent Emergency Management, c/o Assistant Chief Dominic Marzano, will perform the following The Cities of Kent, Federal Way, Renton and Fire District #40 will work in partnership to offer two(2) CERT refresher trainings to our CERT graduates Each class will be held on a Saturday and will be open to a maximum of 60 students from the partnering jurisdictions. If all spaces are not filled by the partnering jurisdictions, they will be made ` available to other CERT programs in King County. The classes will be hosted by Kent • and/or Renton at their training facilities and are tentatively scheduled for September 2006 and February 2007 The curriculum will be a refresher of the standard CERT courses to include triage/transport, search and rescue, cribbing, fire suppression and size up techniques. The morning hours will consist of instruction in a classroom setting, followed by an afternoon of"hands on" practice of the reviewed skills. A debrief will • follow the trainings Each agency will contribute "in kind" two instructors and one staff • personnel and be responsible for an equitable share of the planning, instruction and execution of the trainings i The budget includes the following goods and services: s Page 1 of 3 • FFY05 Late Winter Citizen Corps Grant • CERT Training • FFY05-CC7-233 • • Refreshments • • Moulage • Triage Kits • • Medical Gloves • Flashlights • • Knee Pads • • Gloves • Blankets • • Propane • • Printed Materials • Field Guides • • Participant T-shirts • • Instructor Sweatshirts • • Certificates • • Triage Tarps • Stretchers • • Raffle prizes • • RESPONSIBILITIES • With this agreement, Kent Emergency Management (c/o Assistant Chief Dominic • Marzano) agrees to the following terms and conditions for- • A. Coordinate two refresher training sessions, • • B. Use of the reporting and invoicing procedures for the grant as specified by King • County • • A. Program Deliverables This refresher training program will be effective January 15, 2006 through March 31, 2007. Under this grant program Kent Emergency Management (c/o Assistant • Chief Dominic Marzano) will • South King County will be addressed by the program; • • Cities of Kent, Federal Way, Renton and Fire District #40 within King County; • • Steps to complete scope of work include • Conduct planning meetings to discuss training schedule and assignments • Conduct two CERT refresher training sessions • • Provide an activity report quarterly, starting September 15, 2006, through • March 31, 2007 ; Keep Office of Emergency Management Project Manager apprised of • activities via meetings, emads and phone calls, • • • Page 2 of 3 • • FFY05 Late Winter Citizen Corps Grant • CERT Training FFY05-CC7-233 • Kent Emergency Management will maintain contact with King County OEM staff contact as needed to present challenges or obstacles in completing the scope of work, • Kent Emergency Management (c/o Deputy Chief Dominic Marzano) submit a final report with the completion of the project and will detail performance, problems, challenges, special initiatives to overcome, best practices, and final • tallies of the project • City of Kent will keep all records for transaction in the completion of the scope of work for a period not less than six years and will avail these to grant auditors as requested. King County will perform as the administrative agency for the FFY05-CC7-233 grant and will monitor the progress of the program and the deliverables for the grant The grant of$12,000 will be delivered in reimbursable increments Kent Emergency Management will invoice King County for contractor support, staffing costs, and supplies expended in the performance of the grant King County OEM staff will be available to consult on meeting deadlines, removing obstacles, and completing the scope of work. PROGRAM CONTACTS: • King County Office of Emergency Kent Emergency Management Management Kimberly Behymer Timothy E Doyle, Project Manager III 24611 — 1 16t' Ave S Alec Chapman, Project Manager II Kent, WA 98030 • 3511 NE 2"d Street Telephone. (253) 856-4343 Renton, WA 98056 E-mail kbehymer@ci.kent wa.us Telephone (206) 295-3830 E-mail: timothy.doyle@metrokc.gov E-mail- alec.chapman ccDmetrokc qov Facsimile- (206) 205-4056 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below. King County City of Kent BY Director [Title] Date Date Page 3 of 3 • FFY05 Late Winter Citizen Corps Grant • CERT Training • FFY05-CC7-233 • • • • King Q9Unt;,PFE)seGG#,ng Attorney Date • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 4 of 3 • • • FFY 05 LATE-WINTER Application Form FFY 05 CITIZEN CORPS PROGRAM*t • GRANT APPLICATION (Use additional sheets if necessary) * Guidelines are found littp ,vkuw nietioke Gov/_prepareihosnelaudsecurnyiliomelandsecunty riauts aspx t All projects must comply with one or more of the following: American Red Cross, Washington State EMD, and/or King County public education standard messaging 1 Date: 4/4/06 yy� • A Kimberly Behymer 2. A. Point of contact (Title&Information) Program Coordinator� 253-856-4343/kbehyrner@ci.kent.wa.us B Agency requesting re-imbursement: B. City of Kent emergency Management 24611 I I6'h Ave SE Kent, WA 98030 Currentservice area includes the Cities of 3. Briefly describe the current service Kent,and'Covmgton and the boundaries of area(s) King County Fire Protection District# 37. (Example: Current service area includes the City of Waynetown and the boundaries of Montgomery County 1 ire District 7 or t(i - Cities of Austin. Adams, and Brov nsdale) 8 n 4 A. Outside the current service urea, how A 3 many junsdictions are collaborating in this Collaborating agencies include the cities of • project? Please describe;'i Kent, Federal Way, Renton and Fire District 40 The city of Auburn will be providing 4 B A letter ofupport and a description of administrative support, but is not considered the jurisdiction's„responsibilities and scope a collaborating agency for the purpose of of work on'letterhead (including contact this application. • infonnation) from all collaborating jurisdictions for the completion of this project must be provided by the end date of B. Letters attached the Appeal Process, April 28, 2006. • Letters to follow X South King County CERT Consortium 5 Project name: Refresher Tramings (Only one project per application) A letter of support from the Citizen Corps Council must be submitted�r ith each RFP application Thin information must be March 8, 2006 FFY 05 LATE-WINTER Application Form • received by the end date of the Appeals • Process. April 2S. 2006 6. Name of your Citizen Corps Council City of Kent Citizen Corps Council (CCC)• Date established: May 2001 Month /year 7 Citizen Corps component• • Must comply with the federal mission Citizen Corps: _CERT' X statement for the component(See www citizencorps org). „',t� • VIPs: MRC,;'_ "note: A letter or email, including contact information, confirming affiliation with local jurisdiction is required with YIPS, `" Nei(iliborhood Watch, and Fire Corps FIRECORPS. applications must be providcd by the end of the Appeal Process, April 28, 2006. NEIGHBORHOOD WATCH: Submit additional requests for each project. If your project includes more than one (Check only one) component, such as a dtsastei drill using Fire li Corps and CRR1 colunteeis, apply under �' "Citizen Corps " t • 8. Was this project funded by''the,Fl~Y05 Yes- No: _X_ • SHSP-E06-014? (Autumn RFP process) . 9. Is this a new (< Yyear) Citizen Corps Yes: No: _X Council or Component? • 10. I4,this Citizen Corps Council or Yes: No: _X_ Component more than 1 year-old but less • than 2 years-old? 11. If"No"to#9 and#10, is this a new Yes: X No: project? — — March 8, 2006 FFY 05 LATE-WINTER Application Form 12. Is this project for continuing education of existing Citizen Corps volunteers? Yes: _X No• 13. Does this project/component have a Yes No_X_ • current funding source`s If no describe why: [I • While each jurisdiction will be providing DHS Grant program requirements affirm many supplies and instructor hours in that federal funds will be used to kind", this is the first event of it's kind and supplement existing fund, and will not has not been included in current budgets replace (supplant) funds that have been appropriated for the same purpose. • iu N inn+ INS a� 14. "With the submittal of this applicatrrn', I have read and certify the statement of I hereby certify that these funds will not be supplanting of funds. used to supplant existing funding sources " Initial _KB_ fi 15. What goal of the St°te,I'IOmeland Goal 5.6: "To build the state volunteer Security Strategic Plan does this address? citizen capability and capacity" Note: See below-for link. • (Failure to cite number(s) &descriptions of the • goals well restrht;disqualfcation) htt .//emd'wa ov/5 ro /wahsas/2005InterimPlan df 16'What goal of the Region 6 Homeland Priority VI, Goal C: "Increase public • Security Strategic Plan does this address? awareness of hazards and risks to promote Note: See below for link. self-reliance and personal safety." • (Failure to cite number(s)&descriptions of the goals will result in disqualification) • http.//www metrokc gov/prepare/docs/Strato/o20Plan/2005-12- 20%20003%20KC HL5%20PIan 12-15-05 revised df March 8, 2006 FFY 05 LATE-WINTER Application Form • 17 Does this project target special No X_ population(s)? Yes • Explain. (E G Special needs, seniors, ESL, citizens with physical or economic challenges) • Scope of Work: • 18. Provide a brief but detailed description of the scope of work. (not more than 350 words). The cities of Kent, Renton, Federal Way and Fire District 40 are proudiof tife strength of • our CERT programs in South King County and understand the importance of keeping • volunteers engaged, and their skills current. Our jurisdictions wish to work in partnership to offer two(2) CERT refresher tracings to our CERT graduates. Each class will be held on a Saturday and will be open to a maximum of 60 students from the partnering • jurisdictions If all spaces are not filled by the partnering jurisdictions, they will be made available to other CERT programs in King County The classes will be hosted by Kent and/or Renton at their training facilities and are tentatively scheduled for September 2006 and February 2007. The curriculum will be a refresher of the standard CERT courses to • include triage/transport, search and rescue, cribbing, fire suppression and size up • techniques. The morning hours will consist of instruction in a classroom setting, followed by an afternoon of"hands od'_practice of the reviewed skills. A debrief will follow the trainings. Each agency will,'contribute "in kind" two instructors and one staff personnel and be responsible for an equitable share of the planning, instruction and • execution of the trainings Letters of support will follow this application • By combining the efforts of multiple jurisdictions, the partners in this project will be able to offer two(2) high €uality training opportunities for our CERT graduates totaling over • 600 hours of continuing education It will also create a multi-jurisdictional partnership • that will strengthen all CERT programs and can be built upon in the future r �F • • • • • • March 8, 2006 • FFY 05 LATE-WINTER Application Form 19. Will this project create a deliverable product or service that will benefit other Citizen Corps Councils in King County? If yes, please give a detailed explanation, including the date by which the service will be provided or the product delivered to King County • Office of Emergency Management for distribution No. 20. Project Timeline: �, • COM PL 'I�ION ACTIVITY/PRODUCT DATE Conduct a planning meeting to discuss refresher training 8/06 schedule and assignments Conduct a Saturday CERT refresher training for 60(max) 9106 students C ;�00" Conduct a planning meeting to discuss refresher training 1/07 schedule and assignments x,s • Conduct a Saturday CERT refresher training for 66(maxi) 2/07 students *note: These dates are tentative pending funding and availability • of training facilities All project activities and invoices must be completed and • submitted to King County OEM. (No later than February 28, 2007) March 8, 2006 IFFY 05 LATE-WINTER Application Form 21. Budget Sheet (be specific): • ITEM COST • Salaries & Benefits $ 0.00 • Overtime wages (Includes salary& benefits) $ 0.00 Travel & Per Diem $ Goods & Services (Includes printing,postage, etc ) (Please itemize) Re Moulahments $1,000 '�� � g ... ....... . ......... 00 Triage Kits(120) 1,200 �'`a Or PPE r(30) 400 Flashhghts(20) 40 � "' ' Knee Pads(60) 720 r 'Il' Gloves(60) 120 N. Blankets(10) 150 p •Pro ane .... .. .. ..... .. ........ ...... .. 40 Printed Materials .. 400 _ $ 129000 Field Guides (120) 1,800,'') Participant T-shirts(150). ...... 1;$00 Instructor Sweatshirts(20) 500� Certificates �, '1,300 Triage Tarps(5). .. .. .. ... .p :, 625 . Stretchers(5) 200 Miscellaneous raffle prizes. . . 1,000 • Est Tax and Shipping iG 800 Miscellaneous goods and services 605 SUpply Costs (ODPapproved"li 0 -kt (Please itemize) $ 0.00 Facility Rental $ 0.00 • Contractor/Consultant (Not on Excluded Parties Gist) $ 0.00 Other (Please spg'Gify) $ 0.00 TOTAL`REIMBURSEMENT COSTS $ 12,000 Expenditures may only occur within the approved category listed above by the Applicant agent, however, up to 10% of the total may be shifted between approved categories. • • If it is necessary to shift an amount totally more than 10% funds awarded, written • approval must be received by the KC OEM program administrator. httn i/www metrokc goviprep are/docs/HLS FFY05Allowab1eEquipList.pdf z • http//wwwifletrokc.gk)v,,'t)rcpare,'docs"HLS FY054o20H5GP%20Grant3o20Guidelmes°o2OApp°�20Krtpdf • March 8, 2006 • • • FFY 05 LATE-WINTER Application Form • • • DHS Grant program requirements affirm that federal funds will be used to supplement existing fund, and will not replace(supplant) funds that have been appropriated for the same purpose. • • • • i 'e } v • yda�t � qq�I s r, • ate14, yE�a' ipi9 ",cy Iaii�fi� • ,drytflJjp • • • • • • • • • March 8, 2006 • • Kent City Council Meeting . Date July 5, 2006 Category Consent Calendar 1. SUBJECT: WIRELESS DATA NETWORK ACCESS IN POLICE PATROL VEHICLES —AUTHORIZE • 2. SUMMARY STATEMENT: Authorize the negotiation and execution of a Data Services Contract with Verizon Business Networks. This project will equip all police patrol vehicles with the software and hardware needed to provide wireless data network access to the City's data network from any location in the City or western Washington Part of the project will involve the negotiation and execution of a Data Services Contract with Verizon Business Networks. The project is budgeted in the Information Technology budget and is projected to cost $51,724, but is not to exceed $55,000 The project will take approximately four months to complete and is scheduled for September through December 2006. • 3. EXHIBITS: Police Department memorandum dated 6/15/06 4. RECOMMENDED BY: Public Safety Committee 6/15/06 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? $55,000 Revenue? N/A • Currently in the Budget? Yes X No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ • 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G • POLICE DEPARTMENT • Chuck Miller, Interim Chief of Police • �� Phone Fax 253-856-6802 • ��' KENT • W A 5 H I N G T O N Address 220 Fourth Avenue S Kent,WA 98032-5895 • DATE: June 15, 2006 TO: Kent City Council Public Safety Committee • FROM: Chuck Miller, Interim Chief of Police Paul Dunn, Technical Services Manager • SUBJECT: Wireless Data Network Access in Police Patrol Vehicles MOTION: i move to recommend that Council approve the Wireless Data Network Project for • Police Patrol Vehicles and authorize the Information Technology Department to negotiate and • enter into a contract with Verizon Business Networks for data services, and to employ a Project • Implementation Specialist for a period of 4 months to manage the implementation of this project, and that expenditures for the completion of this project shall not exceed $55,000. • SUMMARY: This project will equip all Police Patrol Vehicles with the software and hardware • needed to provide wireless data network access to the City's Data Network from any location in the City of Kent or Western Washington Part of the project will involve the negotiation and execution of a Data Services Contract vkith Verizon Business Networks. The protect is budgeted in the lnforination Technology Budget and will take approximately 4 months to complete from • the time it is launched. The project is scheduled for September through December 2006. • BUDGET IMPACT:This project is budgeted in the Information Technology Budget. • Project Component Budget Estimate • Antenna Hardware and histallatton in Patrol Fleet $6,435 • One Year Costs for Data Services from Verizon $28,800 4 month Costs for Project Employee to handle implementation $16,489 Pro'ect Total $SL724 • • BACKGROUND: This project is the outcome of two years' research conducted cooperatively • between the Information Technology Department and the Kent Police Department. The solution developed through this research will allow Police Patrol Officers to access the Tiburon records management system from their Police Patrol Vehicles This will allow the Department to • provide more effective Poltee Services to the community. • Pubhe Safety Committee Subject Wireless Data Network-Police Dare June 15,2006 • Kent City Council Meeting Date July 5, 2006 Category Consent Calendar 1. SUBJECT: RESOLUTION RATIFYING AMENDMENTS TO COUNTYWIDE PLANNING POLICIES — ADOPT i 2. SUMMARY STATEMENT: Adopt Resolution No. ratifying the proposed amendment to the Countywide Planning Polices to add acreage to the City of Kent's Potential Annexation Area and to designate South Lake Union as an Urban Center. i 3. EXHIBITS: Resolution with attachment 4. RECOMMENDED BY: Planning and Economic Development Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`s 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. 6H RESOLUTION NO. • A RESOLUTION of the city council of the city of Kent, Washington, regarding King County Countywide Planning Policies adopted by the Metropolitan King County • Council that would add acreage to the City of Kent's . Potential Annexation Area and would designate South Lake • Union as an Urban Center RECITALS • A. Pursuant to RCW 36.70A.210, the Growth Management Act requires the adoption of Countywide Planning Policies to provide a countywide framework from which local comprehensive plans are to be developed. King County, the City of Seattle, and the incorporated suburban cities and towns in King County established a process for the development, adoption, and ratification of Countywide Planning Policies by an interlocal agreement. This agreement established the Growth • Management Planning Council (GMPC), a group consisting of elected officials from r . King County, suburban cities, and the City of Seattle, who were authorized to develop • a set of recommended countywide planning policies for consideration by the King County Council. B. The GMPC met on September 21, 2005, and voted to pass amendments to the Countywide Planning Policies, amending the interim potential annexation areas map to add 30.3 acres to the Potential Annexation Area of the City • of Kent and designating South Lake Union an Urban Center. (GMPC Motion 05-1 and . 1 Countywide Planning . PolicyAmendments - 2006 05-2). The King County Council approved and ratified these amendments on behalf of • King County on April 24, 2006, pursuant to King County Ordinance 15426. The Kent • Planning & Economic Development Committee reviewed these amendments at its meeting on June 19, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION I. —Amendment. The City of Kent, acting pursuant to the interlocal agreement among King County, the City of Seattle, and incorporated suburban cities, hereby ratifies the proposed amendments to the Countywide Planning Polices as adopted by the Metropolitan King County Council in King County Ordinance 15426, • attached hereto. • SECTION Z. — Public Inspection. The amendments to the Countywide • Planning Policies adopted herein shall be filed with the City Clerk and placed in the planning services office so they are available for inspection by the public. SECTION 3. — Severabibty 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 4, — 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, 2006. 2 Countywide Planning Policy Amendments - 2006 • • . CONCURRED in by the mayor of the city of Kent this day of July, 2006. • • • SUZETTE COOKE, MAYOR • ATTEST: • BRENDA JACOBER, CITY CLERK • • APPROVED AS TO FORM: • TOM BRUBAKER, CITY ATTORNEY i I hereby certify that this is a true and correct copy of Resolution No. i passed by the city council of the city of Kent, Washington, the day of • July, 2006. BRENDA JACOBER, CITY CLERK P\Cml\RESOLUTION\CountymdePlannirgPol cyAmend-2006 do • • • • • • i • 3 Countywide Planning • Policy Amendments - 2006 • • KING COUNTY 1200 King County Courthouse . 516 Thud Avenue Startle,WA 99104 Signature Report • April 24, 2006 Ordinance 15426 Proposed No. 2006-0074.1 Sponsors Constantine • 1 AN ORDINANCE adopting amendments to the 2 Countywide Planning Policies;amending the interim i 3 potential annexation areas map and ratifying the amended 4 Countywide Planning Policies for unincorporated King • 5 County; and amending Ordinance 10450, Section 3,as 6 amended,and K.C_C. 20.10.030 and Ordinance 10450, 7 Section:4,as amended, and K.C.C.20.10.040. i s 9 • 10 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: i i I SECTION 1. Findings. The council makes the following findings: • 12 A. The metropolitan King County council adopted and ratified the Growth 13 Management Planning Council recommended King County 2012 -Countywide Planning . 14 Policies (Phase 1) in July 1992, under Ordinance 10450. 15 B. The metropolitan King County council adopted and ratified the Phase II S 16 amendments to the Countywide Planning Policies on August 15, 1994, under Ordinance • 17 11446. • 1 Ordinance15426 18 C. The Growth Management Planning Council met on September 21, 2005 and 19 voted to recommend amendments to the King County Countywide Planning Policies, . 20 amending the interim potential annexation areas map as shown in Attachment A to this 21 ordinance and designating South Lake Union an Urban Center as shown on Attachment 13 22 to this ordinance. • 23 SECTION 2. Ordinance 10450, Section 3,as amended,and K.C.C. 20.10.030 are 24 each hereby amended to read as follows: 25 Phase II. 26 A. The Phase II Amendments to the King County 2012 Countywide Planning 27 Policies attached to Ordinance 11446 are hereby approved and adopted. 28 B. The Phase II Amendments to the King County 2012 -Countywide Planning 29 Policies are amended, as shown by Attachment I to Ordinance 12027. • 30 C. The Phase II Amendments to the King County 2012- Countywide Planning 31 Policies are amended, as shown by Attachment 1 to Ordinance 12421. 32 D. The Phase II Amendments to the King County 2012-Countywide Planning 33 Policies are amended,as shown by Attachments 1 and 2 to Ordinance 13260. . 34 E. The Phase Il Amendments to the King County 2012-Countywide Planning • 35 Policies are amended, as shown by Attachments 1 through 4 to Ordinance 13415. 36 F. The Phase II Amendments to the King County 2012 -Countywide Planning • 37 Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13859. 38 G. The Phase II Amendments to the King County 2012—Countywide Planning • 39 Policies are amended, as shown by Attachment 1 to Ordinance 14390. 2 w - Ordinance 15426 40 H. The Phase II Amendments to the King County 2012—Countywide Planning i 41 Policies are amended, as shown by Attachment 1 to Ordinance 14391. 42 I. The Phase 11 Amendments to the King County 2012—Countywide Planning i 43 Policies are amended,as shown by Attachment 1 to Ordinance 14392. 44 J. The Phase II Amendments to the King County 2012 -Countywide Planning 45 Policies are amended,as shown by Attachment 1 to Ordinance 14652. i 46 K. The Phase It Amendments to the King County 2012 -Countywide Planning 47 Policies are amended,as shown by Attachments I through 3 to Ordinance 14653. 48 L. The Phase 11 Amendments to the King County 2012- Countywide Planning 49 Policies are amended,as shown by Attachment 1 to Ordinance 14654- • 50 M- The Phase Il Amendments to the King County 2012-Countywide Planning 51 Policies are amended, as shown by Attachment 1 to Ordinance 14655. 52 N. The Phase II Amendments to the King County 2012-Countywide Planning 53 Policies are amended,as shown by Attachments 1 and 2 to Ordinance 14656. 54 O. The Phase II amendments to the King County 2012—Countywide Planning 55 Policies are amended,as shown by Attachment A to Ordinance 14844. 56 P. The Phase II Amendments to the King County 2012 - Countywide Planning 57 Policies are amended as shown by Attachments A, B and C to Ordinance 15121. 58 Q. The Phase II Amendments to the King County 2012 - Countywide Planning 59 Policies are amended, as shown by Attachment A to Ordinance 15122. 60 R. The Phase II Amendments to the King County 2012-Countywide Planning 61 Policies are amended, as shown by Attachment A to Ordinance 15123. i 3 Ordinance 15426 62 S. Phase II Amendments to the King County 2012 -Countywide Planning ' 63 Policies are amended, as shown by Attachments A and B to Ordinance xxx. 64 SECTION 3. Ordinance 10450, Section 4, as amended,and K.C.C. 20.10.040 are • 65 each hereby amended to read as follows: 66 Ratification for unincorporated King County. • 67 A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes • 68 specified are hereby ratified on behalf of the population of unincorporated King County. 69 B. The amendments to the Countywide Planning Policies adopted by Ordinance • 70 10840 are hereby ratified on behalf of the population of unincorporated King County. 71 C. The amendments to the Countywide Planning Policies adopted by Ordinance ' 72 11061 are hereby ratified on behalf of the population of unincorporated King County. 73 D. The Phase 1I amendments to the King County 2012 Countywide Planning . 74 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of 75 unincorporated King County. 76 E. The amendments to the Kirig County 2012 -Countywide Planning Policies,as 77 shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the 78 population of unincorporated King County. • 79 F. The amendments to the King County 2012 -Countywide Planning Policies, as 80 shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the • 81 population of unincorporated King County. 82 G. The amendments to the King County 2012 -Countywide Planning Policies,as 83 shown by Attachments I and 2 to Ordinance 13260, are hereby ratified on behalf of the a 84 population of unincorporated King County. 4 . Ordinance15426 . 85 H. The amendments to the King County 2012 -Countywide Planning Policies,as 86 shown by Attachment 1 through 4 to Ordinance 13415,are hereby ratified on behalf of 87 the population of unincorporated King County, 88 1. The amendments to the King County 2012- Countywide Planning Policies,as 89 shown by Attachments 1 through 3 to Ordinance 13858, are hereby ratified on behalf of 90 the population of unincorporated King County. • 91 1 The amendments to the King County 2012- Countywide Planning Policies,as 92 shown by Attachment 1 to Ordinance 14390,are hereby ratified on behalf of the • 93 population of unincorporated King County. 94 K. The amendments to the King County 2012 -Countywide Planning Policies, as 95 shown by Attachment 1 to Ordinance 14391, are hereby ratified on behalf of the 96 population of unincorporated King County. • 97 L. The amendments to the King County 2012-Countywide Planning Policies,as S 98 shown by Attachment i to Ordinance 14392, are hereby ratified on behalf of the 99 population of unincorporated King County. 100 M. The amendments to the King County 2012-Countywide Planning Policies,as i i 101 shown by Attachment I to Ordinance 14652,are hereby ratified on behalf of the 102 population of unincorporated King County. 103 N. The amendments to the King County 2012- Countywide Planning Policies,as f 104 shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of 105 the population of unincorporated King County. i 5 Ordinance 15426 106 O. The amendments to the King County 2012- Countywide Planning Policies,as • 107 shown by Attachment 1 to Ordinance 14654,are hereby ratified on behalf of the 108 population of unincorporated King County. • 109 P. The amendments to the King County 2012- Countywide Planning Policies, as 110 shown by Attachment 1 to Ordinance 14655,are hereby ratified on behalf of the III population of unincorporated King County. • 112 Q. The amendments to the King County 2012 - Countywide Planning Policies,as 113 shown by Attachments I and 2 to Ordinance 14656,are hereby ratified on behalf of the • 114 population of unincorporated King County. 115 R. The amendments to the King County 2012—Countywide Planning Policies,as • 116 shown by Attachment A to Ordinance 14844,are hereby ratified on behalf of the to 117 population of unincorporated King County. US S. The amendments to the King County 2012 -Countywide Planning Policies, as 119 shown by Attachments A, B and C to Ordinance 15121,are hereby ratified on behalf of 120 the population of unincorporated King County. • _ i 121 T. The amendments to the King County 2012 -Countywide Planning Policies, as 122 shown by Attachment A to Ordinance 15122,are hereby ratified on behalf of the • 123 population of unincorporated King County. 124 U. The amendments to the King County 2012-Countywide Planning Policies, as 125 shown by Attachment A to Ordinance 15123, are hereby ratified on behalf of the i 126 population of unincorporated King County. 6 • _ Ordinance1S426 127 V. The amendments to the King County 2012 - Countywide Planning Policies, as • 128 shown by Attachments A and B to Ordinance xxx, are herebv ratified on behalf of the 129 population of unincorporated King County. 130 S Ordinance 15426 was introduced on 3f6l2006 and passed by the Metropolitan King County Council on 4/2412006,by the following vote- Yes: 8 - Mr. Phillips,Mr. von Reichbauer, Ms- Lambert,Mr. Dunn, Mr. Gossett, Ms. Hague,Ms. Patterson and Mr. Constantine No: 0 Excused: 1 -Mr.Ferguson KING COUNTY COUNCIL KING COUNTY,WASEI N [_arry Phin ,i Chair ATTEST: CD o Anne Noris,Cerk of the Council n APPROVED this day of ,2006. t ? N Ron tms,County Executive • Attachments A.Motion No.05-1 and Map, B.Motion No 05-2 and Map 7 • Z { a06am074 9/21105 Attachment A • Sponsored By: Executive Committee !pr . 1 MOTION NO. 05-1 2 A MOTION to amend the interim Potential Annexation Area 3 map in the Countywide Planning Policies- 4 6 7 WHEREAS,Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative 8 designation of Potential Annexation Areas(PAA)and the eventual annexation of these . 9 areas by cities. 10 11 WHEREAS,the attached PAA map amendment corrects an error on the interim PAA map 12 by deleting a 30.3 acre area from the City of Tukwila's PAA and adding this area to the 13 City of Kent PAA. 14 15 WHEREAS,the attached PAA map amendment is supported by the City of Tukwila and is 16 the City of Kent. • 17 18 BE Tr RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF 19 KING COUNTY HEREBY MOVES AS FOLLOWS: 20 21 22 I. Amend the Interim Potential Annexation Area Map by including the 30.3 -acre area.in 23 the Potential Annexation Area of the City of Kent 24 . 25 2. This amendment is recommended to the Metropolitan King County Council and the 26 Cities of King County for adoption and ratification. 27 28 ADOPTED by the Growth Management Planning Council of King County on 29 September 21, 2005 in open session and signed by the chair of the GMPC. 30 31 32 33 Ron Sims, Chair, Growth Management Planning Council 34 - 1 - • r .P.no.•n•nu% 1 � LIIL. � ( h, rows a Millrl. � ii�ILi`�.\nllr u�lrzy�,� '•l•3•.� !� �_._ RONNIE �:t'4•�.i7�`1;gar�n��C�_,t��. �`� ��, � ��i, .,��.ua�u_i=1 .• r it I . •.,r .h �' r•n of i! i ..t\ "I�s/ •� 11111 =i � 15426 2v06 &,m 07 4 . 9/21/05 Attachment B s Sponsored By. Executive Conunittee /th • 1 MOTION NO. 05-02 2 A MOTION to amend the Countywide Planning Policies by . 3 designating the South Lake Union area of Seattle as an Urban 4 Center_ South Lake Union is added to the list of Urban 5 Centers following Countywide Planning Policy LU-39. 6 7 • 8 9 WHEREAS, a goal of the Growth Management Act is to encourage development in Urban 10 Areas where adequate public facilities exist or can be provided in an efficient manner; Ii . 12 WHEREAS,Policy LU-39 of the Countywide Planning Policies of King County describes . 13 the criteria for Urban Center designation; 14 15 WHEREAS, Policy LU-40 of the Countywide Planning Policies of King County describes . 16 standards for planned land uses within Urban Centers; . 17 18 WHEREAS, the City of Seattle has demonstrated that South Lake Union meets the criteria 19 for designation as an Urban Center, and i 20 21 WHEREAS,King County Comprehensive Plan Policy U-108 supports the development of 22 Urban Centers to meet the region's needs for housing,jobs, services,culture and recreation 23 and to promote health. 24 . 25 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF . 26 KING COUNTY HEREBY MOVES AS FOLLOWS. 27 i 28 29 1. The South Lake Union area of Seattle is designated as an Urban Center. The list of 30 Urban Centers following Countywide Planning Policy LU-39 is modified to include 31 South Lake Union. 32 33 2_ This amendment is recommended to the Metropolitan King County Council and the • 34 Cities of King County for adoption and ratification. 35 36 - 1 - 15426 . j • 1 ADOPTED by the Growth Management Planning Council of King County on • 2 September 21,2005 in open session and signed by the chair of the GMPC. • 3 4 5 6 Ron Sims,Chair,Growth Management Planning Council 7 i • • • • • • • • � I • • • i • • • • • • • • • 2 - • • • • 154262006 " 074 * South lake Union Boundaries • • Lake Union a } i . Uptownl - -- -_MercerYtreeC _ r Seattle Center Urban Center i South Lake,Unibn - - ti ,d", 1st Hilt! Urban Center ' _ -= s cawolIGO I Urban Center rE rig DennyWay— '--' L. - y Dovmtown Seattle -. Urban Center - - Parcels Urban Center Boundary city of S"tdt-DPD Park May It,2005 • Kent City Council Meeting Date July 5, 2006 Category Consent Calendar 1. SUBJECT: PBX TELEPHONE SYSTEM MAINTENANCE CONTRACT — AUTHORIZE 2. SUMMARY STATEMENT: Authorize Information Technology Department to enter into contract negotiations with Verizon Business to provide telephone system maintenance services for an annual price not to exceed $52,000, and to authorize the Mayor to execute said contract after it has been approved by the City Attorney's Office. In April, the Information Technology Technical Services Division issued a Request for Proposals (RFP) for telephone system maintenance Six vendors responded, and following evaluation and reference checks, Verizon Business was chosen. 3. EXHIBITS: None 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure'? $52,000 Revenue? Currently in the Budget? Yes X No . If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ r 6. CITY COUNCIL ACTION: r Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I • Kent City Council Meeting • Date July 5, 2006 Category Consent Calendar 1. SUBJECT: ADESA MARSHALLING YARD BILL OF SALE — ACCEPT r 2. SUMMARY STATEMENT: Accept the Bill of Sale for Adesa Marshalling Yard for 2 water gate valves, 2 hydrants, 116 linear feet of watermain, 1 sanitary sewer manhole, 50 linear feet of sewer, and 430 linear feet of streets. This project is located at 26600 — 72"`' Avenue South. 3. EXHIBITS: Bill of Sale 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. 6J Bill of Sale • Page I of 3 • KENT • WASHINGTON MAIL TO- ENGINEERING DEPARTMENT ATTN Ozzie Carrasquilla • 2204TN AVF.NUF SOUTH KENT,wASIIINGTON 98032 • PROJECT Adesa Marshalling Yard LOCATION 26600 — 72nd Ave. S. • TAX ACCT No: 669300-0010 • BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this �� day of U ir(sf l 20 O�r by and between Tff6 grWA-PIZI (�ato3AAs y LL C hereinafter called"Grantors'',and Clty of heot,a uniclpal corporation of King County,State of Washington,hermafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATF.RMAINS: together with a total of 2 gate valves at$600 each, 2 hydrants at$2,000 each and/or any other . apprH tenances thereto. ON FROM (street,esmt,etc) Including 116 linear feet at$ 50 per LIT of B" DI (size&type) waterline. • B. SANITARY SGWERS: Together wIth a total of I manholes at . $ 3,000 each and/or any other appurtenances thereto. • ON FROM TO (street,esmt,etc) Including 50 linear feet at S 60 per LF of 10" PVC (size&type) sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances • thereto. ON 72nd Ave. S. FROM STA 12 + 50 TO 19 + 00 (street,esmt,etc) Including 430 centerline LF at$ 150 per LF of curb, gutter & . (type)streets, Feet asphalt roadway. sidewalk D. STORMS .YF VFRS: Together with a total of manholes at$ . each or a total of catch basins at$ _each, LF of tooriltration Swale or drainage ditch with a total cost of S • Page I of 3 AF 236 doe Bill of Sale • Bill of Sale • Page 2 of 3 CF of detention pond storage with a total cost of S and/or any . other appurtenances thereto. ON FROM TO (street,esmt,etc) • Including linear feet at S per LF of • (size&type) sewer line. . To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that . it has the right to sell the same aforesaid;that it will warrant and defend the same against the law ful claims and demand of all person_ The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as • provided in the applicable City Ordinances. IN WITNESS WHEREOF the undersigned has caused this instrument to be executed on this • day of �Gi�i Gt,.- ,20 OS . 1 • • STATE OF WASHINGTON ) ASS COUNTY OF KING On this—c day of 20 before me,the • undersigned A Notary Public in and for the State of Washington,duly commissioned and • sworn,Personally appeared �S. hx-m oeF= i to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me . that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. 7 � GIVEN under my hand and official seal this day of _201 / - • Notary Pu rc in and for the • ;c\1ato�{oyf�IFlsshnington,residing at ttttrr'" - My Commission Expires:_ • STATE OF WASHINGTON ) • ASS • COUNTY OF KING On this day of .20 ,before • me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and • respectively of the that executed the foregoing instrument,and acknowledged the said mstr ument to be the free • and voluntary act and deed of said _for the uses and • purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. • Pa_ee 2 of 3 AF 236 doe Bill ofSale • • • Bill of Sale • Page 3 of 3 • Witness my hand and official seal hereto affix the day and year first above written. • Notary Public in and for the State of Washington,residing at • • My Commission Expires: • The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,Kin-,Comity,Washington,on the i11y Of 20 • • • • • • • • s • • • • • • • s • • Page 3 of 3 wF 236 dro Bill of Sale • • • • • • • KENT • W A S H I N G T O N • ADDENDUM TO BILL OF SALE • CITY OF KENT • KING COUNTY,WASIIINGTON • The figures used on the Bill of Sale for Adesa Marshalling Yard project dated March 4, 2005 ,were • based on the"As-Built"Engineering Plans dated October 25, 2005 ,for • • the same said Adesa Marshalling Yard project. • Ali Sadr the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill • of Sale and is an employee of Barghausen Consultinz Engineers, Inc. the firm • responsible for the preparation of the"As-Built'Engineering Drays ings. • • • Signature • • • • • • • • • AF 238 dIx i • • • • • • • • i Kent City Council Meeting Date Julv 5, 2006 Category Other Business 1. SUBJECT: KENT EVENTS CENTER FEASIBILITY STUDY i 2. SUMMARY STATEMENT: In February 2006, the Kent City Council adopted a new Strategic Plan. One of the goals of the plan is for Kent to become a "Unique Urban Center " A target of this goal is to create an events, conference, sports, and tradeshow facility. Staff has begun initial work on this element and will present a status report. 3. EXHIBITS: A PowerPoint presentation of the project will be presented by staff at the July 5, 2006, City Council meeting 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? TBD Revenue? TBD Currently in the Budget? Yes No If no: • Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds N/A DISCUSSION: ACTION: Council Agenda Item No. 7A Kent City Council Meeting Date July 5, 2006 • Category Other Business 1. SUBJECT: CONSULTING CONTRACT WITH BRAILSFORD & DUNLEVY 2. SUMMARY STATEMENT: Authorize the Mayor to amend the contract with Brailsford & Dunlevy to include consulting work on the Events Center in an amount not to exceed $401000. 3. EXHIBITS: Scope of Services 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) i 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No • If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL �pAnCTION: n Councilmember l moves, Councilmember I� , Q seconds to authorize the Mayor to amend the contract with Brailsford & Dunlavey to include consulting work on the Events Center in an amount not to exceed $40,000. DISCUSSION: VIO ACTION: Council Agenda Item No. 7B • Brailsford and Dunlavey Scope of Services for City of Kent Event Center I. Detailed Feasibility • A. Conference Center/Hotel Analysis 1. Interview Conference Center Managers/Administrators 2. Create Programmatic Inventory of Conference Centers • 3. Create Room Inventory by Hotel Grade • 4. Identify Local Hotel Market Trends B. Comparable Facility Review • 1. Identify Comparable Facilities at Similar Institutions in Similar Markets 2. Conduct Telephone Interviews with Facility Operators 3. Define Features and Amenities Required to Maximize Marketability • C. Detailed Financial Analysis 1. Model Development 2. Revenue Projections • 3. Operating/Staffing Cost Projections 4. Quantify TIF/Other Tax Revenue Potential 5. Sensitivity Analysis • 6. Program/Model Reconciliation • 7. Recommend General Program and Operating Plan for Maximum Financial • Performance • II. Economic and Fiscal Impact Analysis A. Non-recurring Impact Analysis 1. Research Tax Rates and Taxable Bases • 2. Research Local Construction Industries and Manufacturers 3. Research and Define all Spending Assumptions 4. Research and Define all Salary and Earnings Assumptions 5. Apply Findings to RIMS Input-Output Methodology 6. Project Net Economic Impact of Construction 7. Quantify Taxable Revenue Streams and Identify Tax Rates 8. Project Net Fiscal Impact of Construction B. Recurring Impacts Analysis 1. Research Recurring Impacts from Visitor Spending • 2. Apply Spending Figures to RIMS Input-Output Methodology 3. Project Net Economic Impact of the Project 4. Develop 10-Year Model for Impacts 5. Project Net Fiscal Impact of the Project C. Decision Support and Documentation 1. Project Management/Team Coordination • 2. Final Report and Revisions REPORTS FROM STANDING COMMITTEES AND STAFF • A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE • D. PUBLIC SAFETY COMMITTEE E. PUBLIC WORKS i F. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE G. PARKS AND HUMAN SERVICES COMMITTEE H. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES KENT • WASHINOTON OPERATIONS COMMITTEE MINUTES JUNE 6, 2006 • Committee Members Present: Tim Clark, Chair, Ron Harmon, and Debbie Raplee. The meeting was called to order by Tim Clark, Chair at 4:05 p.m. One item was added to the agenda, namely the Cultural Development Authority of King County 2006 Sustained Support Grant. • 1. APPROVAL OF MINUTES DATED MAY 2, 2006 1♦ Debbie Raplee moved to approve the minutes of the May 2, 2006, Operation Committee meeting. Ron Harmon seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MAY 15, 2006 AND MAY 31, 2006 • Acting Finance Manager Bonnie Fell presented the vouchers for May 15, 2006, and May 31, 2006, s for approval. • Ron Harmon moved to approve the vouchers dated May 15, 2006, and May 31, 2006. . Debbie Raplee seconded the motion, which passed 3-0. • 3. FLEXPASS PROGRAM AGREEMENT 2006-2007 Benefits Analyst Ellen Bradley Mak presented the FlexPass Program Agreement for 2006-2007. Ms. Mak advised that the City contracts with King County, Sound Transit and Pierce Transit for the sale of . Flexpasses The FlexPass Program allows for eligible Commute Trip Reduction (CTR) affected • employees to choose from a variety of non-SOV (Single Occupancy Vehicle) commute options provided by King County Metro, Sound Transit and Pierce Transit The value of a pass is $4 00 of • each one-way King County Metro bus, Pierce County Transit or Sounder Rail fare The pass will also . serve as a vanpool pass up to a face value of $65 00 per month Ms Mak further advised that the cost is budgeted in the CTR budget The Committee had questions regarding the number of passes versus the usage and the requirements of the Metro agreement Debbie Raplee moved to recommend that the FlexPass Program Agreement be placed on the Consent Calendar for the June 20, 2006, City Council Meeting authorizing the Mayor r♦ to sign a one year contract with King County Metro, Sound Transit, and Pierce Transit for a the FlexPass Program. Ron Harmon seconded the motion, which passed 3-0. Operations Committee Minutes June 6, 2006 Page: 2 4. WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY GREEN GARDEN • FOODS PRODUCTS, INC. LOAN APPROVAL— RESOLUTION City Attorney Tom Brubaker presented the Washington Economic Development Finance Authority • Green Garden Foods Products, Inc. Loan Approval Resolution for recommendation. Mr. Brubaker advised that Green Garden Food Products, Inc. plans to build and equip a new manufacturing plant adjacent to their current facility at 5851 South 194th Street. They intend to finance this project through the issuance of Washington Economic Development Finance Authority's (WEDFA) tax-exempt • nonrecourse economic development revenue bonds in the amount of $6,000,000 and they have • passed a resolution allowing for the financing. It is the policy of the WEDFA board only to issue bonds in support of projects which would be welcomed by the local communities. The City of Kent welcomes the project and has no objection to this financing proposal, then WEDFA will issue the • bonds for Green Garden Food Products, Inc. In passing this resolution there is no liability against the • City of Kent, the state, or any other political entity created by issuance of WEDFA's bonds. The bonds will not constitute an obligation of the City and no tax funds or revenues shall be used to pay the principal or interest. The City of Kent's approval will not waive any of the permitting requirements applicable to the project and there is no budget impact caused by the resolution Ron Harmon moved to recommend/not recommend a resolution approving Green Garden Foods Products; use of Washington Economic Development Finance Authority's tax- • exempt nonrecourse economic development revenue bonds in the approximately amount of $6,000,000 to build and equip a new manufacturing plant adjacent to their current S facility at 5851 South 194th Street. Debbie Raplee seconded the motion, which passed 3- 0. . 5. CREATE A NEIGHBORHOODS PROGRAM MANAGER POSITION - AUTHORIZE Mayor Suzette Cooke presented the request for authorization to create a Neighborhoods Program Manager position. Mayor Cooke advised that in the 2006 budget, funds were appropriated to develop a neighborhood program in Kent, as well as to design and construct two neighborhood enhancement projects and referred to the Draft Plan and responsibilities of the position. In late . 2005, Planning Department staff applied for and received a grant from the Washington State Community and Economic Development Department to study and implement a neighborhood program. In February 2006, the Kent City Council adopted its new Strategic Goals and Targets. One of the main targets of the Strategic Plan emphasizes various actions relating to the enhancement of • city services to Kent neighborhoods. One specific target in the plan is the implementation of a • neighborhood program. Mayor Cooke and Administrative staff have determined that to best achieve the goals and targets relating to neighborhoods, the city needs to dedicate a regular full-time position. This position would research successful model neighborhood programs. Using this • information, this position would work with the community and city departments to create and implement a neighborhood program that matches the goals and targets, as outlined in the Council Strategic Plan. Mayor Cooke is recommending the authorization of the regular full-time Neighborhoods Program Manager position and further advised that this position is in the 2006 budget . as well as the use of the funds applied for from the CTED Grant from Washington State. • 2 • Operations Committee Minutes June 6, 2006 Page: 3 Debbie Raplee moved to recommend Council authorize the creation of a regular fulltime Neighborhoods Program Manager position and to move this item to the June 6, City Council meeting. Ron Harmon seconded the motion, which passed 3-0. • 6. CULTURAL DEVELOPMENT ACCEPTANCE GRANT Cultural Programs Manager Ronda Billerbeck presented the added item on the agenda for the • acceptance of the Cultural Development Authority of King County 2006 Sustained Support Grant. Ms. Billerbeck advised that Cultural Development of King County 4Culture, formerly known as King County Arts Commission, has awarded the Kent Arts Commission a $12,5000.00 grant for Sustained Support funding through a competitive grant process. The funding will support 2006 programs, . including Spotlight Series performances, Kent Kids' Arts Day, Kent Summer Concert Series and two • Missoula Children's Theatre residencies. Ron Harmon moved to recommend accepting the Cultural Development of King County • Sustained Support grant in the amount of $12,500.00 to support 2006 Kent Arts Commission programs, approve the expenditure of funds in the Kent Arts Commission budget and authorize the Mayor to sign the agreement. Debbie Raplee seconded the motion, which passed 3-0. The meeting was adjourned at 4:34 p.m. Renee Cameron i Operations Committee Secretary i . 3 PUBLIC WORKS COMMITTEE MINUTES June 5, 2006 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member i Ron Harmon and Tim Clark were present. The meeting was called to order at 5.02 p.m. • Approval of Minutes Dated May 15, 2006 • Committee Member Clark moved to approve the minutes of May 15, 2006. The motion was seconded by Harmon and passed 3-0. Vehicle/Equipment Surplus Alice Conrad, Fleet Superintendent briefly went over her documentation requesting the surplus of • the listed mowers. ® Harmon moved to authorize the Mayor to use the described equipment as "trade-in" value for new tractor mowers purchased in the current budget year. The motion was • seconded by Clark and passed 3-0. LID 329: Traffic Signal 0 74`h Ave. South & SR 516 Public Hearing for Confirmation of Final Assessment Roll Tim LaPorte, Design Engineering Manager, briefly went over the background of LID 329 and • asked that the committee bring this item forward to Council for acceptance. Clark moved to recommend Council set July 18, 2006 for the Public Hearing on the confirmation of the final assessment roll for L.I.D. 329. The motion was seconded by Harmon and passed 3-0. Metro's Ti%rdak NOW Proposal • Steve Mullen, Transportation Engineering Manger noted that the proposal is called Transit NOW • proposal, not Metro's NOW proposal. A brief discussion ensued about how Transit NOW would work. Clark noted that he is worried about the traffic signal at Kent Des Moines Road & Hwy 99 going down. Mullen believes the Department of Transportation is in charge of this light and will • let them know about the concern. i Information Only/No Action Required Final Proiect Approval-Ramsay Way Street Improvement (4t' Ave Temperance Street) . Larry Blanchard, Public Works Director spoke on behalf of Stan Wade, Construction Engineering Manager. He briefly went over the history of the project explained the increase and requested that the committee accept the project as complete. • Harmon moved to authorize Council to accept as complete the Ramsay Way, Street Improvement project and release retainage to R.W. Scott Construction upon standard • releases from the state and release of any liens. The original contract amount was $409,945. The Final contract amount was $468,129.47. The motion was seconded by Clark and passed 3-0. Page 1 of 2 P\PuMcWdmmSupport\PWCbrt fteeMmm dx r • • PUBLIC WORKS COMMITTEE MINUTES • June 5, 2006 • • • Information Only-Evaluation of Performance • Larry Blanchard, Public Works Director asked committee members if they would like the 2005 • work performance plan in detail or in brief. The committee unanimously decided on the brief version. • Information Only/No Action Required • • Report — Neighborhood Traffic Concerns • Larry Blanchard, Public Works Director briefly went over the following: 271st Cut Through Traffic & Speeding - Residents worried about cut through traffic. Two • teams went out and performed a traffic study and the city placed a Stealth device in the area to • track speeds. It was determined that the maximum speed was 27 mi. per hr. and that a spike in . cut through traffic was not noticed at this time. There is a neighborhood meeting scheduled for Thursday, June 15, 2006 at Sequoia Middle School at 6:00 pm. • 100th Installation of Traffic Circle — A Neighborhood meeting was held in January of 2006. • Installation of a traffic circle is scheduled for August or September of this year. Blanchard noted . the reason for the traffic circle is due to James Street & 248th Street Traffic. • 282nd NO Parking vs. Parking - A year and a half ago residents on 282nd petitioned the City about the NO PARKING signs on 282°d Street. Currently residents would like the center arterial removed and parking be permitted. A letter will be sent to residents regarding this issue. • 114th Inconsistent Speed Signs— It was noted that the speed should be the same both directions (currently is 25 one way and 35 the other). Mullen will look into this and get it corrected. • Added Item - 277th Corridor Parking — Photos were shown with 4 semi trucks parked along • the South side of the corridor heading east. Discussion ensued regarding parking vs. no parking and if the vehicles should be ticketed. Harmon noted that the area was signed at one time. • Blanchard will discuss this issue with Mayor Cooke. • Side note: Signalization/Timing - West side of 277th Dennis Dowdy from the City of Auburn • was notified that the PM signals are short cycling. • Report, no motion required. • Adiourned: • The meeting was adjourned at 5:48 p.m. • Next Meetincii Scheduled for: The next meeting is scheduled for Monday, June 19, 2006 at 5:00 p.m. Cheryl seth, Administrative Assistant III • • i • • • Page 2 of 2 • . CONTINUED COMMUNICATIONS A. • S • • • EXECUTIVE SESSION • • • • • • ACTION AFTER EXECUTIVE SESSION • • • • • • • • • • • • • • i • • • • • • • • • • • •