HomeMy WebLinkAboutAD17-473 - Original - HNN Associates LLC - Grandview Good Neighbor Agreement - 10/09/2017 ���v)��
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CONTRACT COVER SHEET too 11 AV
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: HNN Associates LLC
Vendor Number: NA
JD Edwards Number
Contract Number: Af 11 ® 13
This is assigned by City Clerk's Office
Project Name: Grandview Good Neighbor Aqreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Z Other: Good Neighbor Aqreement
Contract Effective Date: 10/09/17 Termination Date: indefinite
Contract Renewal Notice (Days): NA
Number of days required notice for termination or renewal or amendment
Contract Manager: Derek Matheson, Chief Administrative Officer
Department: Administration
Contract Amount: NA
Approval Authority: ® Department Director ❑ Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
of: 08/27/14
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GOOD NEIGHBOR AGREEMENT
WHEREAS the City of Kent (the "City"), and HNN Associates LLC (the "Property Owner'), and
Grandview (the "Property"), collectively the "Parties", have a civic responsibility to work together to
mutually address and resolve issues and to build the strength and vitality of the neighborhood; and
WHEREAS,the City wishes to have a productive and successful alternative to regulation and enforcement
to address problems, issues and opportunities between various land uses and to promote compatibility,
communication, and effective working relationships to maintain and enhance the city and neighborhood
appeal as a desirable place to live and do business; and
WHEREAS, the Property Owner wishes to demonstrate to the citizens of the City and the residents its
desire to be a responsible corporate citizen and that it recognizes that being a good neighbor makes good
business sense; and
WHEREAS, the Property Owner wishes to demonstrate to the citizens of the City and residents that the
operations on the Property are a valuable and positive contributing source to the economic, social and
cultural vitality of the community; and
WHEREAS, the residents wish to ensure that quality of life is maintained, property rights are respected,
residents are able to reasonably enjoy the benefits of residential living and that it respects the operational
needs of the Property Owner; and
WHEREAS, the Parties wish to promote the City as a vibrant, safe, and attractive community for the
enjoyment of everyone, including residents, visitors,businesses and their workers; and
WHEREAS, the issues addressed in the Good Neighbor Agreement have been developed through
collaboration by all Parties to the Agreement; then
NOW THEREFORE, the Parties agree to enter into this Good Neighbor Agreement, the terms and
conditions of which follow:
A. Goals of the Agreement
1. Maintain the livability and safety of the neighborhood and the City.
2. Minimize instances of noise and other nuisances and create appropriate and clear mechanisms for
proactively and successfully addressing these issues.
3. Develop and maintain clear communication channels between all Parties to this agreement.
B. Duration
This agreement shall be in effect following the signatures of all Parties to the Agreement and shall remain
in effect until all Parties agree in writing to dissolve it.
C. Description of Property
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Grandview(the"Property") is located at 3900 Veterans Drive, Kent, WA 98032.
D. Noise
1. The Property Owner shall undertake to ensure that noise emissions from the Property do not disturb
surrounding residential developments,businesses,and neighborhoods pursuant to the provisions of
the City's sound ordinance.
2. The Property Owner shall limit outdoor noise to no later than 10:00 p.m., unless otherwise noted
below.
3. The Property Owner shall maintain and enforce a written set of house policies to be provided to all
residents. These rules will clearly define expected conduct, including, but not limited to, noise
regulations.
4. The Property Owner shall post signs inside the Property office and at entry locations asking
residents and guests to respect neighbors.
5. The Property Owner shall undertake to monitor and promote the orderly conduct of residents and
guests, particularly those congregating in open areas. The Property Owner shall discourage
residents and guests from engaging in behavior that may disturb the peace, quiet and enjoyment of
the residents.
5.1 In cases where the presence of employees does not facilitate the orderly conduct of
residents and guests, staff of the Property Owner shall agree to immediately contact the
City's Police department to seek its assistance in dealing with any persons or crowds.
E. Criminal Activity
1. The Property Owner shall not tolerate any criminal activity within the boundaries of the premises.
1.1 The Property Owner shall make every reasonable effort to conduct background screening
on all residents over the age of 14 and to scrutinize guests as they enter the premises to
ensure that no items of contraband, including weapons and controlled substances, are
brought onto the premises.
F. On-Duty Employees
1. The Property Owner shall name a staff person as a primary point of contact who shall be available
to receive and address, in a timely manner, phone calls, mail or E-mails from City staff, residents,
and Neighborhood Council representatives regarding issues, complaints and concerns.
G. Cleanliness
1, The Property Owner shall assign staff to inspect the outside of the premises each day to ensure that
there is no litter, garbage, broken glass or other foreign objects associated with the Property left
within the general areas of the premises.
H. Response to Incidents Reported to Property Owner
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1. Upon receipt of a noise complaint submitted directly by a resident to the Property Owner, the
Property Owner shall make reasonable efforts to address the issue within thirty (30)minutes of the
time the complaint was received. Reasonable efforts include, but are not limited to, adjusting the
overall volume of the sound source and enforcing the agreed upon timeframe for quiet hours and
noise restrictions, and will direct persons congregating outside on the premises to back inside or
disband and close all or some of the open doors or windows to minimize exterior noise.
2. The Property Owner shall undertake to address within forty-eight (48) hours of receipt from the
City or Neighborhood Council representatives any on-going or frequent incidents regularly
occurring inside or outside of buildings, for which they or the City have received regular
complaints; provided that the City recognizes that there may be instances where a longer response
timeframe is needed and will cooperatively work with the Property Owner to resolve in a timely
fashion. The City shall also ensure that the Neighborhood Council representatives are kept up to
date on the actions being taken to address an issue.
3. The Property Owner agrees to work with the City and its departments to resolve any concerns that
arise with respect to the operation of the Property.
4. The Property Owner agrees to attend a formal meeting, as required, with the City to discuss issues
and concerns.
5. When incidents occur,which require City Police involvement,all staff of the Property Owner shall
cooperate fully with City staff members, and shall not impede or obstruct staff members in
performing their duties.
I. Roles and Responsibilities of Individual Residents and the City
I. The City agrees to appoint a representative to act as a point of contact with the Neighborhood
Councils and to facilitate conversation surrounding questions or concerns.
2. Residents understand that some noise during acceptable hours, as noted elsewhere in this
agreement, is to be expected when located in close proximity to the Property. The Property Owner
and the City will address concerns and seek resolutions as provided for in this Agreement.
3. Residents may, at their discretion, contact the Property Owner directly to report a noise or other
concern and to seek resolution or Neighborhood Council representatives may contact the City
representative. The latter shall also apply in instances where the resident's issue or concern has not
been satisfactorily addressed.
4. City representatives shall provide a needed and necessary level of information detail to the Property
Owner to afford the Property Owner the opportunity to resolve or cure the issue or concern in a
timely manner.
5. Complaints, concerns, or other issues regarding the Property Owner's residents or guests shall be
submitted directly to the Property Owner or through their appointed representatives, provided that
if it is an emergency situation,or if the Property Owner is not available,or if the issue has not been
resolved within a reasonable timeframe, the residents shall be able to submit their complaints,
concerns,or other issues directly to the attention of the City, including, but not limited to,the Police
department.
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6. The City shall work to develop and implement projects that will enhance the livability of the
community. Examples of neighborhood projects include: improvements or identity signage for
neighborhood entries and gateways, landscaping of traffic islands and streetscapes, beautification
of trails or play areas, community gardens, historical markers, newsletters, and neighborhood
events. The Property Owner will agree to provide equitable resources to help facilitate
neighborhood projects.
J. Roles and Responsibilities of the City
1. Upon direct receipt of a complaint or concern, the City shall contact the Property Owner and the
Neighborhood Council representatives to determine if the issue has been resolved or is in the
process of being resolved.
2. In the event it is determined a code violation exists on the Property, the City will follow the code
enforcement process as set forth in Chapter 1.04 of the Kent City Code. Kent City Code can be
found at ltttlta w wya uai�l plibVisltii7 +�ritul4 P `A';:,.L1t i�tm,Il entOI/Kert0I 04.htm1Y 1.O4
3. The City is committed to promoting and sustaining an environment that is responsive to resident
involvement. The goal of the Good Neighbor Agreement is to build partnerships between the city
and its residents. Staff and resources are available to help the neighborhood get involved in this
program.
K. Review Meetings
I. The Parties agree to meet biannually or every six(6) months to review the status and performance
of the Agreement and to discuss outstanding issues and concerns. The Parties may agree to meet
annually or one(1)time a year if all parties agree.
2. Notwithstanding the agreed upon review meetings, the Parties agree to meet as needed and at the
request of the City to address problems or issues that are not being adequately addressed, lack of
conformance to the Good Neighbor Agreement, or other issues needing the immediate attention
and input of the Parties.
3, The Parties may,as part ofthese review meetings,modify or update the Good Neighbor Agreement.
Any modifications or updates shall only be effective upon the signature of all Parties to an amended
Agreement.
L. Amendment and Transferability
1. Any proposed changes to the terms of the Good Neighbor Agreement shall be discussed and
resolved among the Parties.
2. The Agreement shall be transferable in the event that there are changes in the ownership and
operation of the Property.
3. The Property Owner, in the event of a sale or other transfer of ownership or operation, shall make
every reasonable effort to persuade the new owner or operator to continue and participate in the
Good Neighbor Agreement.
4. The City shall issue an addendum to the Agreement identifying and recognizing the transferability
of the Property Owner for acknowledgment and signature by all Parties.
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M. Enforcement
p, The parties recognize that the success in reaching the objectives of the Good Neighbor Agreement
is largely dependent upon each establishment's willingness to make a concerted effort to support
and adhere to the principles outlined in the Agreement.
2. Any failure on the part of the Property Owner to comply with the terms outlined herein will result
in the following:
a. The City will attempt to solve the matter by meeting with the Property Owner.
b. In the event it is determined a code violation exists on the Property, the City will follow the
code enforcement process as set forth in Chapter 1.04 of the Kent City Code.The Notice will
specify what action is needed in order for the Property Owner to comply with the applicable
City Code(s). The Notice will also specify how much time will be provided for resolution of
the outstanding Code violation(s).
c. If the matter does not involve a violation of City Code,the City shall request a meeting will all
Parties to this Agreement to attempt to reach resolution on the matter.
N. Severability
Nothing contained or implied in this Good Neighbor Agreement shall prejudice or affect the City's rights
and authorities in the exercise of its functions pursuant to the rights and powers of the City under local,
state and federal statutes and regulations.
O. Effectiveness
This Agreement shall only be effective upon the dated signatures of all the Parties herein named.
CITY OF KE T--
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Sfgttature
Printed Name
Title
HNN ASSOCIATES LLC
Signature
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Title
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