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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 08/04/2008Public Works Committee Agenda Councilmembers: Ron HarmonDebbie RapleeDeborah Ranniger, Chair Unless otherwise noted, the Public Works Committee meets at 5:00 p.m. on the 1st & 3rd Mondays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Public Works Administration (253) 856-5500. Any person requiring a disability accommodation should contact the City Clerk’s Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. U:\PWCommittee\Agendas\2008\July 08 04. doc August 04, 2008 5:00 p.m. Item Description Action Speaker Time Page 01. Approval of Minutes Dated July 21, 2008 YES None 03 01 02. Authorization to Dispose of Surplus Vehicles and Equipment YES Green, Ron 05 03 03. Consultant Contract with Jason Eng. & Consulting /2008 Downtown Sidewalk Improvements YES Tenerelli, Peter 05 05 04. Amended and Restated Levee Easement Agreement YES Mactutis, Mike 10 21 05. Information Only/Water System Plan NO Bieren, Chad 10 -- 06. Information Only/Drainage Master Plan NO Tan, Beth 10 -- This page intentionally left blank. PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, JULY 21, 2008 Page 1 of 2 Committee Members Present: Chair Deborah Ranniger and Committee Members Harmon and Raplee were present. The meeting was called to order at 5:02 p.m. ITEM 1 – Approval of the Minutes Dated July 07, 2008: Committee Member Harmon moved to approve the minutes of July 07, 2008. The motion was seconded by Raplee and passed 3-0. ITEM 2 –South 277th Street Green River Detention Pond Project – Accept as Complete: Public Works Director, Larry Blanchard, explained that the 277th Street Green River Detention Pond Project went out to bid in the summer of 2007 with work beginning in the Fall of 2007. This is a wetland mitigation project to complete the requirements of the South 277th Roadway and Bridge Improvements Project. The project ran over 10% of its project budget due to unforeseen underground water and erosion caused by rain. Because of the overrun we are required to have approval by the City Council, before the Mayor can accept the project as complete. The original contract amount was $187,647.00. The final amount is $217,809.23. Blanchard went on to explain in more detail about the overage. Raplee moved to recommend Council authorize the Mayor to accept as complete, the South 277th Street Green River Detention Pond Project in the amount of $217,809.23, upon concurrence of the language there in by the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0. ITEM 3 – Easement upon City Right-of-Way to Stevenson LLC – 228th Street BNSF Grade Separation Project: Design Engineer Supervisor Mark Madfai presented information regarding an easement on City right-of-way that is necessary in order to provide the property owner with legal access to maneuver trucks and allow for parking in the area behind the wall at Stevenson LLC, which is occupied by Rexam. The easement is necessary because of the South 228th Street BNSF Overpass Project. Harmon moved to recommend authorization for the Mayor to grant an easement upon City Right of Way to Stevenson LLC for the purpose of parking and access as part of the South 228th Street Burlington Northern Santa Fe Grade Separation Project, upon concurrence of the language there in by the City Attorney and Public Works Director. The motion was seconded by Raplee and passed 3-0. ITEM 4 – L.I.D. 359 – 116th Ave SE Street & Utility Improvements (Kent Kangley Rd to SE 256th St): Design Engineering Supervisor, Mark Madfai summarized that the construction is near completion and we are ready to finalize LID 359. He asked committee members to move to recommend a public hearing be set for September 2, 2008 on the confirmation of the Final Assessment Roll for LID 359. Ranniger voiced concern about the timing of the public hearing. It was decided that the public hearing date would be set for September 16, 2008. Notification of the public hearing will be in 1 PUBLIC WORKS COMMITTEE MINUTES FOR MONDAY, JULY 21, 2008 Page 2 of 2 the papers and those affected by the LID will receive letters. Councilmembers will receive a copy of the notice letters. Raplee moved to recommend Council authorize the Mayor to set September 16, 2008, for the Public Hearing on the confirmation of the Final Assessment Roll for L.ID. 359. The motion was seconded by Harmon and passed 3-0. ITEM 5 – Information Only/Water System Plan: Design Engineering Supervisor Chad Bieren gave a very brief PowerPoint presentation on where we are to date on the Water System Plan. He will be back at a later date with more information. This item was presented for informational purposes only. No action was taken. ITEM 5 – Information Only/Drainage Master Plan: Environmental Engineer III, Beth Tan gave a very brief PowerPoint presentation on where we are to date on the Drainage Master Plan. Tan will be back with more information at a later date. This item was presented for informational purposes only. No action was taken. Adjourned: The meeting was adjourned at 5:36 p.m. Cheryl Viseth, Public Works Committee Secretary 2 U:\PWCommittee\ActionPage/20080/8 04 08Veh and Equipment Surplus.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: July 30, 2008 TO: Chair Deborah Ranniger and Public Works Committee Members PW Committee Meeting Date: August 4, 2008 FROM: Ron Green, Fleet Manager Don Millett, Operations Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Vehicle and Equipment Surplus Veh. # Year Make Mileage Reason for Disposal 3198 1999 Ford Crown Victoria 101,523 High mileage & costs of repairs too high for age of vehicle 3817 2004 Ford Crown Victoria 78,274 Vehicle totaled in an accident 3818 2004 Ford Crown Victoria 76,704 Suspension & drive train costs are re-occurring & costly 3819 2003 Ford Crown Victoria 77,404 Experiencing more electrical problems with every service 3802 2003 Ford Crown Victoria 92,987 High mileage and maintenance costs 3803 2003 Ford Crown Victoria 88,939 High mileage, history of electrical issues 8702 1995 Pontiac Grand AM 71,827 Maintenance cost are becoming cost prohibitive 8784 1998 Chevrolet Van 120,876 Excessive cost to repair considering age of vehicle 3116 1992 Ford Taurus 68,502 Excessive cost per mile - poor overall condition 3112 1996 Dodge Stratus 83,267 Excessive cost per mile-brake & battery issues 5404 1996 International 4700 65,333 Exceeds life expectancy engine repairs costly for age of vehicle Miscellaneous Parts: Tires and wheels from motorcycles we no longer have, obsolete radio parts and equipment and an old defective shop air Compressor (engine rod knocking). Summary: The listed vehicles/equipment comply with current replacement policy guidelines and have been replaced. The equipment will be sold at auction or to smaller cities and agencies as needed. Motion: I move to recommend Council authorize the Mayor to authorize staff to appropriately dispose of 11 vehicles and miscellaneous equipment as described in this memorandum. 3 This page intentionally left blank. 4 U:\PWC\ActionPage/2008/08 05 08 Consultant Agrmnt Jason Eng DT Sidewalks.doc PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: July 31, 2008 TO: Chair Debbie Ranniger and Public Works Committee Members PW Committee Meeting Date: August 4, 2008 FROM: Peter Tenerelli, Construction Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: Consultant Contract w/Jason Engineering & Consulting for 2008 Downtown Sidewalk Improvements Summary: Public Work Engineering is contracting for removal and replacement of Downtown Sidewalks. It is industry standard to have experts in concrete, asphalt and other construction materials to be on-call to provide consultant services to verify material quality and quantity as well as assist in the placement and inspection of such materials. This expertise and materials testing laboratory is not available from City of Kent personnel. City personnel (Senior Inspectors/Owner’s Representatives) will direct and monitor the extent of the work of this consultant and assist in those inspection items that do not require the level of expertise, certifications and laboratory analysis required to complete this project. Staff recommends that the City enter into a contact agreement with Jason Engineering and Consultant Business Inc., for materials testing and inspection services for the 2008 Downtown Sidewalk Improvements Project in the amount of $87,525. Budget Impact: There is sufficient budget available for this contract. Exhibits: Contract Motion: I move to authorize the Mayor to sign a consultant contract in the amount of $87,525 between the City of Kent and Jason Engineering & Consultant Business, Inc., for the purpose of providing materials testing and inspection services related to the 2008 Downtown Sidewalk Improvements Project, subject to concurrence of the City Attorney and the Public Works Director. 5 This page intentionally left blank. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PUBLIC WORKS DEPARTMENT Larry R. Blanchard Public Works Director 400 West Gowe Kent, WA 98032 Fax: 253-856-6500 PHONE: 253-856-5500 City of Kent Public Works Department DATE: August 5, 2008 TO: Kent City Council Public Works Committee FROM: Mike Mactutis, Environmental Engineering Manager THROUGH: Larry Blanchard, Public Works Director Jeff Watling, Parks Director SUBJECT: Amended and Restated Levee Easement Agreement Summary: This Amended and Restated Levee Easement Agreement is to amend a the original Easement Agreement, recorded under King County Recording No. 20080513001810, to grant certain permanent and temporary easement rights at the golf course to the King County Flood Control Zone District so that agency could certify the right of way to the Army Corps of Engineers for restoration of the Narita and Meyers Golf Course Levees. The consideration for the property rights is in the form of compensation for redesign and lost revenues to the golf course. The amendment is to expand the easement to include the driving range which was not originally included, but upon later consideration of the construction plans became necessary. The amendment also accounts for compensation for the additional lost revenue. The levee restoration work is currently underway. BUDGET IMPACT: No budget impact MOTION: I move to recommend to authorize the Mayor to execute the Amended and Restated Levee Easement Agreement, subject to concurrence of the City Attorney. 21 This page intentionally left blank. 22 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 1 of 17 After Recording Return To: Property Management City of Kent 220 Fourth Avenue Kent, Washington 98032 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Grantor: City of Kent, a Washington municipal corporation Grantee: King County Flood Control Zone District, a Washington quasi-municipal corporation Legal Description: Abbreviated Form: Ptn. Gov. Lots 3, 4, and 5; 23-22-4E Additional Legal Description on: Exhibits A and B of document Assessor’s Property Tax Parcel Account Number(s): 2322049010-02; 2322049011-01 Project Name: Meyers Golf and Narita Levees NOTE: This AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT amends the instrument that was recorded May 13, 2008 under recording number 20080513001810. This is being executed and recorded solely for the purpose of amending the legal description for the permanent easement area to include land for additional easement area located within the driving range facility as shown approximately on Exhibit C, which is owned and operated by the City of Kent, and for establishing the basis for consideration for the additional easement area in the form of compensation for lost revenues. 23 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 2 of 17 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT FOR MEYERS GOLF AND NARITA LEVEES THIS AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT (“Agreement”) is entered into on the last date signed below by and between the Parties, the CITY OF KENT, a Washington municipal corporation (“Grantor”), and the KING COUNTY FLOOD CONTROL ZONE DISTRICT (“Grantee”), a Washington quasi-municipal corporation duly organized under Chapter 86.15 of the Revised Code of Washington, with reference to the following facts: RECITALS A. The purpose of this Agreement is to establish the terms for conveyance to Grantee of perpetual and temporary easement interests in 20.20 acres of certain real property owned by Grantor, more particularly described in Exhibit A and Exhibit B hereto. B. Grantee seeks the easements for the purpose of effecting repairs, restoration, inspection, and maintenance of the Meyers Golf and Narita Levees (Work) on property owned by the Grantor. C. To accomplish the Work, it is necessary for Grantee to acquire perpetual easement interests to establish the new slopes for the levee and to inspect and maintain the levee, and temporary interests for use during construction. D. The easement rights will encroach upon two tax parcels of Grantor’s property used as part of the Riverbend Golf Course Complex (Golf Course), owned and operated by Grantor’s Department of Parks, Recreation, and Community Services as an Enterprise Fund facility. The Riverbend Golf Course is the most played public course in the Pacific Northwest and is a significant recreational resource for the City of Kent and the region. It is of critical importance to Grantor that the conveyance of property interests and the work do no irreparable physical or fiscal harm to the Golf Course. E. The Golf Course has not been appraised under either a replacement value or fair market value (as zoned commercial) theory. The two referenced tax parcels consist of 149.72 acres with a King County tax assessed value of Nine Million Four Hundred and Forty-Three Thousand One Hundred Dollars ($9,443,100.00) (rounded) as improved, also expressed as Sixty Three Thousand Dollars ($63,000.00) (rounded) per acre or approximately One Million Two Hundred Sixty Thousand Dollars ($1,260,000.00) for the perpetual easement conveyed. 24 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 3 of 17 F. During the construction phase of the Work, Grantor’s eighteen hole Golf Course will be significantly damaged, such impacts to be partially mitigated by the temporary operation as a nine-hole Golf Course. G. After partial completion of the Work, Grantor will be able to reconfigure its Golf Course to eighteen holes at a cost of approximately One Million Nine Hundred Twenty-Eight Thousand Eight Hundred Dollars ($1,928,800.00) as detailed by the architect’s estimate, Exhibit D. H. Damages to the remainder during the Work when the Golf Course will operate with nine holes cannot be specifically ascertained in advance, but such damages are estimated as shown on Exhibits E and F, which exhibits also illustrate the methodology for calculating lost revenues based on historic performance. Based upon the Foregoing, the Parties Hereby Enter into the Following: AGREEMENT 1. All of the foregoing Recitals are hereby ratified. 2. The Parties hereto enter into this Agreement under the authority conferred by Chapter 86.15 RCW, which provides for the voluntary acquisition of municipal properties by flood control zone districts. 3. Grantor, in consideration of mutual benefits and other consideration, hereinafter described, hereby grants and conveys to the Grantee the following easements for the purposes set forth herein, under, over and upon the real property described in Exhibits A and Exhibit B attached hereto and situate in King County, Washington: a. Flood Protection Levee Easements. A perpetual right and easement in favor of Grantee in the land described in Exhibit A to construct, maintain, repair, operate, and replace a flood protection levee, including all appurtenances thereto; reserving, however, to the Grantor its heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however to existing easements for public roads and highways, public and private utilities, railroads, and pipelines, together with an additional fifteen (15) feet contiguous to and upland of the levee, as constructed, for purposes of maintenance, repair, patrol and inspection; reserving, however, to Grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights of the additional fifteen (15) feet contiguous to and upland of easement hereby acquired. 25 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 4 of 17 b. Temporary Work Area Easements. Temporary and assignable rights in favor of the Grantee, in, on, over, and across the land described in Exhibit B for a period not to exceed two (2) years from the date of execution of this Agreement, for the purpose of a work area, including the right to borrow and/or deposit fill material thereon, move, store, and remove equipment and supplies, erect and remove temporary structures on the land, and to perform any other work necessary and incident to the construction of a Flood Protection Levee, together with the right to trim, cut, fell, and remove therefrom all trees, underbrush, and other obstructions, structures, or obstacles within the limits of the Temporary Work Easement; reserving, however, to the Grantors, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights of the easement hereby acquired. 4. If in the use of the easements granted above, the Grantee causes damages to other property of the Grantor or causes damage to the easement areas as a result of activity that is not permitted by the easements, Grantee shall repair replace and restore such damages at Grantee’s sole expense. 5. The Parties agree that the Golf Course is most closely analogous to an irreplaceable special use facility and that consideration for conveyance of the perpetual and temporary easements and damages will be the actual cost of restoration and the actual operation losses during the period of construction. 6. Therefore, Grantee shall reimburse Grantor for the reasonable, actual costs of reconfiguration and reconstruction in accord with the following procedure: a. Grantor shall submit the contract plans and specifications for Grantee’s approval, such approval not to be unreasonably delayed or withheld. b. Grantee shall reimburse Grantor for the total project cost of the reconfiguration and restoration which shall include design, contract construction cost, sales tax, legal costs, permit fees, utility restoration costs and inspection costs. Reimbursement shall include contract costs due to changes and amendments, provided that Grantee is given written notice of any such change or amendment in excess of ten thousand dollars ($10,000.00) and the opportunity to comment on and provide input to any changes, amendments, or resolution of any claims related to any contracts associated with the restoration project. Grantee shall provide its comments and input within five (5) business days of submittal by Grantor. It is understood and agreed that any verified claims for damages for delay and associated costs resulting solely from this comment and input process shall be reimbursable expenses. In the event of a dispute between the parties over the matters 26 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 5 of 17 addressed in this subparagraph, 6.b., the provisions of paragraph 12 shall apply. c. Costs incurred prior to the execution of this Agreement shall by reimbursed in the initial payment. d. Payment shall be made to Grantor, at its sole option, either monthly or bi-monthly within thirty (30) days of receipt by Grantee of properly documented invoices. e. Grantee reserves the right to an independent audit of the invoices and supporting materials. 7. Grantor agrees to mitigate further damages to the remainder by operating as a nine hole Golf Course for the period necessary to reconfigure to eighteen holes, with the understanding that the timing of the reconfiguration is dependent upon Grantee’s construction schedule for the levee Work. 8. Grantee agrees that compensation for lost revenue during the period of reduced operation is analogous to market rent for the period of possession and use during construction and shall reimburse Grantor for actual losses. Such costs shall be billed to Grantee monthly with payment due within thirty (30) days. Grantor shall provide to Grantee on its billings total revenue figures for monthly periods when operation is reduced due to the Work and/or Golf Course reconfiguration and associated construction. Actual losses will be calculated as the difference between total actual revenue and projected average total revenue for each monthly period as estimated on Exhibits E and F Grantee agrees with and accepts the methodology for determining lost revenues and reserves the right to an independent audit of the invoices and supporting materials. 9. Each party agrees to indemnify and hold harmless the other for its own negligence for activities carried out under this Agreement. 10. Solely for the purpose of enforcing the indemnification provision above, each party expressly waives its immunity under Title 51 of the Revised Code of Washington; provided, that such waiver shall not preclude the indemnifying party from raising such immunity as a defense against any claim brought against the indemnifying party by any of its employees. 11. Each party recognizes that the other is self-insured and accepts such coverage for liability arising under this agreement. Should Grantee choose not to self-insure, Grantee shall maintain and keep in full force and effect a policy of general liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence with an additional excess 27 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 6 of 17 liability policy of not less than Ten Million Dollars ($10,000,000.00) and provide Grantor with a Certificate of Insurance and additional insured endorsement that will name Grantor and its successors and assigns as Additional Insureds. 12. The parties will seek to resolve any disputes under this Agreement as follows: a. For disputes involving cost reimbursements, submittal of all relevant information to an independent Certified Public Accountant and/or a Construction Claims Consultant, if agreed upon by the parties, for a non- binding opinion as to responsibility. b. If the foregoing does not result in resolution and for all other disputes, the parties may mutually select any informal means of resolution and resort will otherwise be had to the Superior Court for King County at the Regional Justice Center in Kent, Washington. c. Each party shall be responsible for its own costs and attorneys fees. 13. This Agreement represents a full recitation of the rights and responsibilities of the parties and may be modified only in writing and upon the consent of both parties. 14. This Agreement shall be effective upon the date of full execution at which date the payment set forth in Paragraph 6 shall be due and owing. 15. The rights, conditions, covenants, and provisions contained in this Easement Agreement shall inure to the benefit of and are binding on the parties hereto and their respective successors and assigns and shall run with the land. 16. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the address stated below or such other address as may be hereafter specified in writing: If to Grantor: If to Grantee: Jeff Watling, Director Theresa Jennings, Director City of Kent Parks, Recreation, King County, DNRP And Community Services 201 South Jackson St. 28 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 7 of 17 220 – 4th Avenue South Suite 700 Kent, WA 98032 Seattle, WA 98104-3855 17. The undersigned warrant that they have the authority duly granted by their respective legislative bodies to make and execute this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, which shall become effective on the last date signed below. GRANTOR: CITY OF KENT By: Suzette Cooke, Mayor GRANTEE: KING COUNTY FLOOD CONTROL ZONE DISTRICT By: Theresa Jennings, Director King County Dept. of Natural Resources and Parks on behalf of the King County Flood Control Zone District Acting pursuant to Resolution No. _____________ of said Grantee APPROVED AS TO FORM: By: Assistant City Attorney City of Kent APPROVED AS TO FORM: By: Counsel for King County Flood Control Zone District Notary Acknowledgements Appear on Following Page 29 AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 8 of 17 STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that ______________________________ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of the King County Flood Control Zone District as its ____________________________________, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires 30 Exhibit A – Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 9 of 17 Exhibit A Permanent Easement Area A permanent easement over all those portions of Government Lot 3, Section 22, Township 22 North, Range 4 East, W.M. and Government Lots 1, 2, 3, 4 and 5 of Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88°59’28”E 2634.43 feet distant; thence N89°05’24”W, along the north line of the northwest quarter of said Section 23, a distance of 925.47 feet to the west margin of Russell Road (also known as John Downey Road Number 722 and also known as 54th Place South); and the TRUE POINT OF BEGINNING of the herein described tract: thence continuing N89°05’24”W, along the north line of said northwest quarter 38.23 feet, more or less, to the line of ordinary high water on the east bank of the Green River (also known as the White River); thence generally southwesterly along the line of ordinary high water to its intersection with the north margin of Meeker Street (also known as Kent Des Moines Road and also known as George W. Peck Road Extension Number 1070); the ordinary high water mark being approximately described as follows: thence S24°11’00”E 1.83 feet; thence S11°40’00”E 89.00 feet; thence S11°19’00”W 41.00 feet; thence S02°25’00”E 55.00 feet; thence S08°00’00”W 57.00 feet; thence S17°18’00”W 62.00 feet; thence S23°22’00”W 43.00 feet; thence S43°59’00”W 20.00 feet; thence S29°23’00”W 44.00 feet; thence S37°23’00”W 76.00 feet; thence S45°57’00”W 42.00 feet; thence S50°08’00”W 53.00 feet; thence S46°19’00”W 32.00 feet; thence S54°21’00”W 70.00 feet; thence S62°42’00”W 66.00 feet; thence S65°04’00”W 63.00 feet; thence S71°05’00”W 65.00 feet; thence S87°53’00”W 48.00 feet; thence N89°42’00”W 75.00 feet; thence N75°09’00”W 31.00 feet; thence N69°26’00”W 111.00 feet; thence N63°03’00”W 64.00 feet; thence N66°57’00”W 105.00 feet; thence N65°22’00”W 88.00 feet; thence N78°59’00”W 95.00 feet; thence N88°32’00”W 78.00 feet; thence S86°30’00”W 57.00 feet; thence N84°24’00”W 38.00 feet; thence S83°38’00”W 47.00 feet; thence N83°33’00”W 40.00 feet; thence N89°25’00”W 48.00 feet; thence S84°14’00”W 112.00 feet; thence S84°05’00”W 59.00 feet; thence S76°26’00”W 44.00 feet; thence S68°46’00”W 94.00 feet; thence S55°42’00”W 28.00 feet; thence S49°56’00”W 101.00 feet; thence S42°27’00”W 45.00 feet; thence S28°26’00”W 45.00 feet; thence S37°58’00”W 50.00 feet; thence 31 Exhibit A – Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 10 of 17 S27°17’00”W 50.00 feet; thence S02°58’00”W 24.00 feet; thence S31°13’00”W 63.00 feet; thence S30°30’00”W 61.00 feet; thence S24°52’00”W 72.00 feet; thence S20°00’00”W 42.00 feet; thence S12°21’00”W 49.00 feet; thence S03°45’00”W 36.00 feet; thence S07°02’00”E 69.00 feet; thence S15°16’00”E 66.00 feet; thence S27°21’00”E 55.00 feet; thence S37°19’00”E 71.00 feet; thence S42°21’00”E 57.00 feet; thence S47°20’00”E 64.00 feet; thence S52°07’00”E 52.00 feet; thence S55°09’00”E 104.00 feet; thence S50°13’00”E 56.00 feet; thence S51°34’00”E 102.00 feet; thence S48°19’00”E 106.00 feet; thence S52°06’00”E 54.00 feet; thence S43°38’00”E 81.00 feet; thence S51°57’00”E 106.00 feet; thence S46°25’00”E 57.00 feet; thence S45°51’00”E 54.00 feet; thence S29°48’00”E 42.00 feet; thence S30°26’00”E 49.00 feet; thence S33°49’00”E 54.00 feet; thence S26°26’00”E 52.00 feet; thence S21°13’00”E 44.00 feet; thence S17°03’00”E 33.00 feet; thence S05°35’00”E 29.00 feet; thence S03°15’00”E 52.00 feet; thence S01°03’00”E 38.00 feet; thence S00°42’00”E 61.00 feet; thence S14°51’00”W 25.00 feet; thence S16°06’00”W 28.00 feet; thence S18°40’00”W 41.00 feet; thence S24°51’00”W 36.00 feet; thence S24°59’00”W 54.00 feet; thence S15°00’00”W 45.00 feet; thence S18°24’00”W 82.00 feet; thence S16°31’00”W 139.00 feet; thence S03°42’00”W 49.00 feet; thence S04°26’00”E 19.00 feet; thence S04°03’00”E 18.99 feet to the northwesterly margin of aforesaid Meeker Street and a point hereinafter referred to as point “A”; thence N65°39’05”E, along said northwesterly margin, 163.52 feet; thence leaving said northwesterly margin, N28°12’40”W 24.95 feet; thence N04°55’05”E 88.22 feet; thence N18°17’44”E 130.90 feet; thence N21°00’55”E 268.92 feet; thence N00°00’00”E 71.00 feet; thence N14°22’53”W 120.78 feet; thence N21°02’15”W 55.71 feet; thence N30°24’44”W 203.28 feet; thence N44°35’37”W 241.31 feet; thence N49°38’34”W 58.88 feet; thence N47°46’12”W 204.60 feet; thence N51°09’55”W 193.87 feet; thence N54°09’38”W 158.14 feet; thence N47°24’31”W 46.40 feet; thence N38°32’53”W 79.39 feet; thence N27°44’29”W 66.85 feet; thence N16°22’09”W 24.32 feet; thence N03°39’21”W 43.67 feet; thence N08°09’41”E 12.43 feet; thence N24°49’10”E 85.47 feet; thence N29°21’43”E 116.71 feet; thence N26°09’19”E 122.90 feet; thence N36°01’51”E 53.92 feet; thence N49°16’59”E 90.07 feet; thence N62°56’25”E 52.28 feet; thence N72°06’08”E 59.03 feet; thence N82°50’41”E 80.74 feet; thence N87°24’52”E 124.05 feet; thence N89°58’16”E 95.12 feet; thence S88°47’35”E 144.16 feet; thence 32 Exhibit A – Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 11 of 17 S82°59’07”E 48.61 feet; thence S72°11’48”E 43.39 feet; thence S68°07’56”E 66.29 feet; thence S65°56’46”E 139.64 feet; thence S67°11’28”E 120.01 feet; thence S71°47’12”E 57.99 feet; thence S83°29’52”E 47.93 feet; thence N88°37’33”E 109.27 feet; thence N74°44’18”E 101.55 feet; thence N65°03’41”E 132.70 feet; thence N54°00’16”E 149.79 feet; thence N45°55’49”E 140.02 feet; thence N35°44’29”E 133.34 feet; thence N20°43’44”E 79.20 feet to the westerly margin of aforesaid Russell Road; thence along said westerly margin N19°40’24”W 70.69 feet; thence continuing along said westerly margin N09°03’24”W 257.95 feet to the TRUE POINT OF BEGINNING. And commencing at aforementioned point “A”; thence S03°58’35”W 170.40 feet, more or less, to the intersection of the line of ordinary high water on the east bank of the Green River (also known as the White River) with the southeasterly margin of aforesaid Meeker Street and the TRUE POINT OF BEGINNING; thence N65°39’05”E, along said southeasterly margin, 254.50 feet; thence S46°06’25”W 144.72 feet; thence S07°17’35”E 144.29 feet; thence S11°47’38”E 77.75 feet; thence S22°41’49”E 54.79 feet; thence S30°35’34”E 50.95 feet; thence S32°04’35”E 69.38 feet; thence S28°52’25”E 36.99 feet; thence S42°57’19”E 79.29 feet; thence S49°21’41”E 25.16 feet; thence S55°43’21”E 34.48 feet; thence S62°08’35”E 32.25 feet; thence S65°47’25”E 46.62 feet; thence S82°13’22”E 115.77 feet; thence N77°13’10”E 62.81 feet; thence N72°46’26”E 46.21 feet; thence N67°50’48”E 58.55 feet; thence N58°54’25”E 49.42 feet; thence N53°42’55”E 54.13 feet; thence N50°39’54”E 60.16 feet; thence N53°13’55”E 69.69 feet; thence N51°01’13”E 103.75 feet; thence N50°57’48”E 89.68 feet; thence N54°07’35”E 71.86 feet; thence N55°32’16”E 55.04 feet; thence N60°28’52”E 87.89 feet; thence N59°44’53”E 85.54 feet; thence N59°31’26”E 87.05 feet; thence N69°14’18”E 179.30 feet; thence N75°19’53”E 60.14 feet; thence N78°12’50”E 367.68 feet; thence N76°58’54”E 86.72 feet; thence N64°45’50”E 65.03 feet, more or less, to the westerly margin of aforesaid Russell Road, said point being hereinafter referred to as point “B”; thence S11°07’59”E, along said westerly margin, 122.66 feet, more or less, to the line of ordinary high water on the north bank of said Green River; thence generally southwesterly and northwesterly along the line of ordinary high water to its intersection with the north margin of aforesaid Meeker Street, the ordinary high water mark being approximately described as follows: thence S63°19’00”W 5.20 feet; thence S62°36’00”W 31.00 feet; thence S77°45’00”W 72.00 feet; thence S76°34’00”W 58.00 feet; thence S75°17’00”W 90.00 feet; thence S80°07’00”W 91.00 feet; thence S77°47’00”W 112.00 feet; thence S78°55’00”W 75.00 feet; thence 33 Exhibit A – Legal Description for Permanent Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 12 of 17 S71°22’00”W 75.00 feet; thence S70°21’00”W 55.00 feet; thence S58°35’00”W 61.00 feet; thence S70°35’00”W 64.00 feet; thence S57°56’00”W 65.00 feet; thence S63°49’00”W 61.00 feet; thence S60°08’00”W 49.00 feet; thence S60°13’00”W 38.00 feet; thence S52°49’00”W 87.00 feet; thence S55°31’00”W 58.00 feet; thence S45°58’00”W 81.00 feet; thence S52°07’00”W 63.00 feet; thence S56°05’00”W 72.00 feet; thence S51°01’00”W 76.00 feet; thence S55°19’00”W 57.00 feet; thence S60°08’00”W 69.00 feet; thence S66°18’00”W 61.00 feet; thence S76°28’00”W 64.00 feet; thence S80°37’00”W 61.00 feet; thence S86°30’00”W 60.00 feet; thence N89°45’00”W 48.00 feet; thence N71°52’00”W 40.00 feet; thence N64°48’00”W 61.00 feet; thence N63°44’00”W 43.00 feet; thence N59°07’00”W 55.00 feet; thence N51°31’00”W 58.00 feet; thence N48°39’00”W 56.00 feet; thence N40°53’00”W 62.00 feet; thence N40°22’00”W 50.00 feet; thence N38°43’00”W 58.00 feet; thence N34°00’00”W 54.00 feet; thence N29°51’00”W 44.00 feet; thence N24°15’00”W 51.00 feet; thence N00°56’00”W 59.00 feet; thence N02°53’00”E 40.00 feet; thence N01°24’00”W 70.00 feet; thence N01°56’00”W 39.00 feet; thence N06°56’00”W 34.72 feet to the TRUE POINT OF BEGINNING. Together with an easement for access to and inspection of the above described lands, over a strip of land, 15.00 feet in width, contiguous to and upland of the above described parcels; Except any portions thereof lying within the Colony Park Condominium, as recorded in Volume 31 of Condominiums, pages 55 through 57, records of King County. 34 Exhibit B – Legal Description for Temporary Construction Easement Area AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 13 of 17 Exhibit B Temporary Construction Easements A temporary construction easement over a portion of Government Lot 3, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88°59’28”E 2634.43 feet distant; thence S37°18’38”W 3570.57 feet to that certain point referred to as point “A’ in Exhibit A to this Agreement and recorded together with this Exhibit B, thence N65°39’05”E, along the northwesterly margin of Meeker Street (also known as Kent Des Moines Road and also known as George W. Peck Road Extension Number 1070), 163.52 feet; thence leaving said northwesterly margin, N28°12’40”W 24.95 feet; thence N04°55’05”E 88.22 feet; thence N18°17’44”E 130.90 feet; thence N21°00’55”E 142.44 feet to the TRUE POINT OF BEGINNING; thence continuing N21°00’55”E 126.48 feet; thence N00°00’00”E 71.00 feet; thence N14°22’53”W 120.78 feet; thence S38°13’47”E 230.92 feet; thence S51°46’13”W 201.47 feet to the TRUE POINT OF BEGINNING; Together with a temporary construction easement over a portion of Government Lot 5, Section 23, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: Commencing at the north section corner of said Section 23, from which point the northeast section corner bears S88°59’28”E 2634.43 feet distant; thence S01°23’18”W 2840.88 feet to that certain point referred to as point “B’ in Exhibit A to this Agreement and recorded together with this Exhibit B, and the TRUE POINT OF BEGINNING; thence S64°45’50”W 65.03 feet; thence S76°58’54”W 76.97 feet; thence N11°07’59”W 420.14 feet; thence N78°52’01”E 140.00 feet to the westerly margin of Russell Road (also known as John Downey Road Number 722 and also known as 54th Place South); thence S11°07’59”E, along said westerly margin, 401.76 feet to the TRUE POINT OF BEGINNING. 35 Exhibit C – Ariel Photograph with Overlay AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 14 of 17 Exhibit C Aerial Photograph with Overlay 36 Exhibit D – Estimated Construction Costs AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 15 of 17 Exhibit D Estimated Construction Costs Riverbend Golf Complex 18 Hole Golf Course Renovation Preliminary Estimated Construction Cost Green River Levee Project 13-Mar-08 Prepared by John Steidel, Golf Course Architect and Original Course Designer of Riverbend Golf Course Renovation of Holes 4 through 9 which are impacted by the Levee Project. $1,800,000 Work is describes as renovating and remodeling the existing Riverbend 18 Hole Golf Course to accommodate the relocation of the Green River Levee and is described as but not limit to; Hole No. 4 - Relocation of the fairway, reconstruction of the fairway bunkers, addition of greenside bunkering and screening, modifications to the existing irrigation system, and relocation of the cart path. Hole No. 5 - Relocation of the tee, fairway, green, screening, new irrigation, and relocation of the cart path. Hole No. 6 - Relocation of the existing tee and green, relocation of the existing fairway, shaping and remodeling of the approach, reconstruction of existing fairway bunkers, modification to the existing irrigation system, protective screening, and relocation of the cart path Hole No. 7 - Relocation of existing tee, relocation and remodeling of fairway bunkering, addition of approach bunkering, modifications to the existing irrigation system, and relocation of the cart path in the tee area. Hole No. 8 - Relocation of the tee, fairway, green and greenside bunker, new irrigation, and relocation of the cart path. Hole No. 9 - Relocation of the tee, relocation and modification of existing Fairway bunkering, modification to the existing irrigation system, and relocation of the cart path. Meeting and Consulting Fees $10,000 Architectural and Engineering Design Fees $118,800 Preliminary Estimated Construction Cost $1,928,800 37 Exhibit E – City Estimated Cost to Reconfigure Golf Course AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 16 of 17 Exhibit E Estimated Lost Golf Course Revenues Riverbend Golf Complex Projected Monthly Revenue Impact 1-Apr-08 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC TOTAL 2.45% 3.88% 6.01% 9.65% 12.49% 13.24% 15.10% 14.33% 10.55% 6.54% 3.56% 2.20% 100.00% Greens Fee Revenue $41,686 $65,394 $100,629 $159,112 $203,600 $212,003 $241,208 $224,811 $165,355 $107,484 $59,957 $36,761 $1,618,000 Rental Revenue $3,485 $5,746 $9,561 $17,878 $25,426 $30,822 $35,770 $38,003 $28,046 $12,361 $5,284 $3,518 $215,900 Pro Shop Sales $1,764 $2,794 $4,327 $6,948 $8,993 $9,532 $10,872 $10,318 $7,596 $4,709 $2,563 $1,584 $72,000 Gift Certificate Sales $4,165 $6,596 $10,217 $16,405 $21,233 $22,508 $25,670 $24,361 $17,935 $11,118 $6,052 $3,740 $170,000 Total Revenue $51,100 $80,530 $124,734 $200,343 $259,252 $274,865 $313,520 $297,493 $218,932 $135,672 $73,856 $45,603 $2,075,900 Projected Revenue (30%) $15,330 $24,159 $37,420 $60,103 $77,776 $82,460 $94,056 $89,248 $65,680 $40,702 $22,157 $13,681 $622,772 Projected Shortfall $35,770 $56,371 $87,314 $140,240 $181,476 $192,405 $219,464 $208,245 $153,252 $94,970 $51,699 $31,922 $1,453,128 September – March $511,298 38 Exhibit F – Estimated Lost Driving Range Revenues AMENDED AND RESTATED GRANT OF EASEMENTS AND LEVEE EASEMENT AGREEMENT Page 17 of 17 Exhibit F Estimated Lost Driving Range Revenues Date Range: Historical Revenue Data: Daily 2008 2008 9/1 – 9/15 2004 2005 2006 2007 Average Average Projected Daily Ave. Driving Range $19,067 $20,353 $18,212 $19,731 $19,341 $1,289 $20,000 $1,333 Lessons $5,595 $5,005 $6,305 $4,735 $5,535 $369 $5,000 $333 Miniature Golf $2,932 $3,284 $2,869 $2,964 $3,013 $201 $3,000 $200 Divot Café $1,798 $1,794 $1,449 $1,172 $1,553 $104 $1,500 $100 Total $29,392 $30,436 $28,835 $28,602 $29,442 $1,963 $29,500 $1,966 39