HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 01/06/2003 Public Works Committee Agenda
JANUARY 6, 2003
ACTION
1. T.I.B. Grant - #9-P-106(008)-1 Yes Wickstrom 10 min
South 228th Street - 54th Avenue
S. to SR 516 (Kent-Des Moines Road)
2. South 277th Street Reconstruction Yes Wickstrom 10 min
Project Phase III- King County
Interlocal Agreement
3. Pacific Gateway Business Park Yes Wickstrom 10 min
Division III Agreement
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PUBLIC WORKS COMMITTEE MINUTES
JANUARY 6, 2003
COMMITTEE PRESENT: Chair Tim Clark, Julie Peterson,Rico Yingling
STAFF PRESENT: Don Wickstrom, Brett Vinson, Gary Gill, Tim LaPorte,Nathan Torgelson,
Kurt Hanson, Jackie Bicknell
PUBLIC PRESENT: David W Hoffman, Melvin Roberts, Gene Warden
The meeting was called to order by Chair Tim Clark at 5:05 PM.
Approval of Minutes of December 2, 2002
Committee Member Rico Yingling moved to approve the minutes of December 2, 2002. The
motion was seconded by Committee Member Julie Peterson and passed 3-0.
T.I.B. Grant- #9-P-106(008)-1, South 22P Street—50 Avenue South to SR 516(Kent-Des
Moines Road)
Public Works Director Don Wickstrom said the City was in receipt of a Transportation
Improvement Board Grant Agreement in the amount of$5,003,250 for the design and
construction phases of the South 228' Street Project from 54°i Avenue South to SR516 (Kent-
Des Moines Road). Additional funds will come from the LID and the City.
Julie Peterson moved to recommend authorization for the Mayor to sign the grant
agreement, direct staff to accept the grant and establish a budget for the funds to be spent
within said road improvement project. The motion was seconded by Rico Yingling and
passed 3-0.
South 277L' Street Reconstruction Proiect Phase III—Mug County Interlocal Agreement
Don Wickstrom said the Public Works Department was in receipt of an interlocal agreement
with King County for construction, maintenance and operation responsibilities for the South
2771h Street Project, Phase III from West Valley Highway to 72"d Avenue South. The north leg
of the West Valley Highway at 277'intersection is within the Kent city limits and the agreement
will give King County the authority to condemn property for right-of-way for the project.
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Rico Yingling moved to recommend authorization for the Mayor to sign the Interlocal
Agreement for the South 277`h Street Reconstruction Project Phase III, upon concurrence
of the language therein by the City Attorney and the Public Works Director. The motion
was seconded by Julie Peterson and passed 3-0.
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Pacific Gatewav Business Park Division III Agreement
Don Wickstrom said that the Boeing Company wants to sell some vacant buildings in the
northwest quadrant of their Space Center complex and they have made a proposal to short plat
approximately 20 acres into four lots there. They want to tie the construction of the
Public Works Committee, 116Y03 2
infrastructure improvement that will be required as part of the short plat approval to the sale of
the property. The agreement says Boeing has to provide the City with notice of sale, along with
acknowledgment and recognition from the purchaser of the terms and conditions required to
occupy the property. if no lots are sold within 15 years,the Boeing Company would vacate the
short plat.
Julie Peterson recommended that the approval document be made part of the purchase and sale
agreement, as the buyer would have the right to say the nature of the contract had changed if
there was already an agreed upon contract and then another document was added prior to
closing. Mr. Wickstrom said the approval document was more of a disclosure issue to make the
new buyer aware of the obligations, and Assistant City Attorney Brett Vinson added that it was
already part of the title report and was also on the short plat. The City wouldn't necessarily have
an obligation to make it part of the purchase and sell agreement. Due diligence would put the
purchaser on notice of the conditions, and the approval document would occur before the sale
was finalized.
Julie Peterson moved to recommend that the Mayor be authorized to sign the "Property
Transfer Notification and Plat Vacation Agreement" associated with the Pacific Gateway
Business Park Division 111 short plat. The motion was seconded by Rico Yingling and
passed 3-0.
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The meeting was adjourned at 5:24 PM.
Jackie Bicknell
Council Secretary
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P.E., Public Works Director
Phone: 253-856-5500
KEN T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: January 6, 2003
To: Publi orks Comrnittee
From: Don ickstrom, Public Works Director
Regarding: T.I.B. Grant -#9-P-106(008)-1
South 228th Street—54th Avenue S. to SR 516 (Kent-Des Moines Road)
We are in receipt of a T.I.B. Grant Agreement in the amount of$5,003,250 for the design and
construction phases of South 228th Street—54th Avenue S. to SR 516 (Kent-Des Moines Road). At
this time we are requesting authorization for the Mayor to sib the grant agreement, direct staff to
accept the grant and establish a budget for the funds to be spent within said road improvement
project.
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MOTION:
Recommend authorization for the Mayor to sign the grant agreement, direct staff to accept the grant
and establish a budget for the funds to be spent within said road improvement project.
�pypinEton g,a� ',,,.
Washington State (°x J 5 '^ OF KI NT
Transportation Improvement Board DEC 06 2002
+� 2
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' $�Vcn lmpr°�ps�
I GINEEPING DEFT
TIB Members December 4, 2002
Coundimember Rob McKenna
Chair,King County Mr. Don Wickstrom, P.E.
CouncimlemberbMlliam Ganley PUbIIC Works Director
'..
Vlore Chair,Cdy of Battle Ground
Mr.John Akers,P.E. City of Kent
CHy ofEllenshurg 220 - 4th Avenue South
Mr.Thomas Ballard,P.E. Kent, WA 98032-5838
Perm County
Commissioner Leo 9awman
Benton County Transportation Partnership Program (TPP)
Mr.George Cress TIB Project Number 9-P-106(008)-1 '..,
Portoflongview South 228th St •A 54th Ave S to SR 516 (Kent-Des Moines Rd)
Ma.Kathleen Dacia FY 2004 Funding Program Project Selection
WSDOT
Mr,Dan Dicu lic
ClailamTanan Dear Mr. Wickstrom:
Councllmember Mary Gates
City ofFederel Way
The Transportation Improvement Board (TIB) met on November 22, 2002 to select
Ms.Paula Hammond,P.E.
WSOOT FY 2004 projects. We are pleased to announce the selection of your project from
Council President Rob Higgins
the Transportation Partnership Program (TPP).
City afSpokene
Mr.Dick McKinley TIB funds obligated for the project are as follows:
City of Bellingham
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Mr.Dave Nelson PHASE TIB FUNDS
Gant County
Mr.Dave O'Connell Design Phase 976,500
Mason County
Construction Phase $4,026,750
Mr.Craig Olson,P.E.
EMS Engineers
Mr.Paul Roberts Total $5,003,250
City of Everett
Your next step is to complete and return the enclosed TIB FY 2004 Program
Mc Allen Schwalm i
Spokane TansitAuthodty Project Funding Status form. After confirmation of local funding, TIB will grant
Commissioner Mike Shelton approval to begin project design work. Project payments may begin after July 1,
island County
Mr.ArnoldTomac 2003 unless TIB authorizes an early payment schedule.
Bicycle Alliance of Washington
Mr.Doug Vaughn Congratulations on the selection of your project from the Transportation
Office of Financial Management Partnership Program. For assistance, contact Greg Armstrong, TIB Project
Mr.Jay Weber Engineer, at (360) 586-1142 or via e-mail at GregACaltib.wa.gov.
County Road Administration Board
Sincerely,
Mr.Stevan Gorcester Ili
Executive Director
P.O.Box40901 Omar Mehyar '...
Olympia,WA 96504-0901 Region Manager
Phone:36 585-1140
Fax,360-5w-1165
www.tibsva.gov
O M/gj b
Enclosure
Investing in your local community
( \ Transportation Improvement Board
�� FY 2004 Program Project Funding Status
Agency KENT TIB Project Number 9-P-106(008)-1
Project Name South 228th St j
54th Ave S to SR 516 (Kent-Des Moines Rd)
Update the project schedule and funding source information. Both agency officials must sign the form
before returning It to the TIB office. Please mail the completed form to the:
Transportation Improvement Board F Post Office Box 40901 S• Olympia,WA 98504-0901 ,,,
PROJECT SCHEDULE
Update the project schedule targets orindicate NO CHANGE M the table below '
Date Shown on Note NO CHANGE or
Application New Target MonthlYear
Construction Phase Approval
Contract Bid Award Feb 2004 '...
Contract Completion Dec 2006
PROJECT FUNDING PARTNERS
Update the funding partners and corresponding amounts or indicate NO CHANGE In the space provided '..
Funding Partners Amount Note FUNDS COMMITTED or
Changes for Each Partner
KENT 3,871,750
WSDOT 0
Federal Funds 0
Local Improvement District 14,950,000
TOTALLOCALFUNDS $18,821,750
By signing below, you certify that all funds shown in the Project Funding
Partners table are committed for the project.
Mayor or Public Works Director
Signature & Date
Printed or Typed Name Title
Financial Officer '..
Signature & Date
Printed or Typed Name Title
TIB Funding Status Report.doc ,
PUBLIC WORKS DEPARTMENT
100 Don E. Wickstrom, P.E., Public Works Director
\ J/i'w�-�4 Phone: 253-856-5500
_ ALNT Fax: 253-856-6500
WASHIN GTON
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: January 6, 2003
To: Public rks Committee
From: Don%strom,Public Works Director
Regarding: South 277th Street Reconstruction Project Phase III
King County Interlocal Agreement
The Public Works Department is in receipt of an interlocal agreement with King County for
construction,maintenance and operation responsibilities of South 277th Street Phase III, W. Valley
Highway to 72nd Avenue South. The County will be widening South 277th Street to four travel
lanes (2 in each direction) with additional turning lanes. The north leg of the West Valley Highway
at 277th intersection is within the Kent city limits. The agreement will give King County authority
to condemn for right-of-way on this project within Kent's city limits. We are requesting
authorization for the Mayor to sign the Tnterlocal Agreement with King County.
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MOTION:
Recommend authorization for the Mayor to sign the Interlocal Agreement for the South 277th Street
Reconstruction Project Phase III, upon concurrence of the language therein by the City Attorney
and the Public Works Director.
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INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF KENT RELATING TO
SOUTH 277TH STREET RECONSTRUCTION PROJECT PHASE III
THIS AGREEMENT is entered into by King County, a political subdivision of the State
of Washington(hereinafter sometimes referred to as "the County"), and the City of Kent,
n of the State of Washington (hereinafter sometimes referred to as
a municipal corporatio
"the City")
RECITALS
A. The County plans to construct the South 277t" Street Reconstruction Project —
Phase III("the Project").
B. The Project will provide an important link in the regional transportation system.
C. South 277t1i Street and West Valley Highway encompassed by the Project are
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partially in unincorporated King County and partially in the City of Kent. The
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County will need to acquire real property, easements and permits within the City
in order to construct the Project.
D. It is in the best interests of the parties that the County constructs the Project.
maintenance and operation responsibilities of the Project need to be
E. Construction, mau
defined.
NOW, THEREFORE, the parties hereby agree as follows:
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DRAFT 12/12/02
AGREEMENT
1 pROdECT DESCRIPTION
construction of Phase III of the improvements
The Project includes the design and
to the South 277`h Street Reconstruction Project. Phase III involves the widening
of South 2771h Street from the West Valley Highway intersection to Frontage
Road (on the east side of SR 167) from 2 through lanes to 4 through lanes,
adding a second left turn lane on the bridge,
extending left turn pockets,
construction of associated drainage facilities, elevation of the grade of the existing
roadway using compacted fill, widening the existing bridge on SR-167, storm
sewer system improvements, construction of pedestrian and bicycle lanes, raising
and reconstruction of the West Valley Highway intersection and updating traffic
signals. Phase III also includes work on West Valley Highway that involves
extending left turn pockets, extending the southbound right turn lane, adding a
northbound right turn lane, and raising the roadway above the floodway between
S. 277th St. and 550ft north and south of the intersection. The County will
is more fully described and depicted on Exhibit
construct the Project. The work
A, attached hereto and made a part of this agreement.
2. PROPERTY ACQUISITION i
ction 2.2, the County will acquire, by negotiated
2.1 Except as described in Se
se eminent domain or otherwise, all real property, easements and other
purcha
perty for the Project, whether located within the
rights or interests in pro
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or in unincorporated King County, that are
corporate limits of the City
necessary, in the County's judgment, to complete construction of the Project.
The City shall use its best efforts to assist and cooperate in the County's
acquisition efforts. The City consents to the County
s exercise of eminent
mits of the City for purposes of the Project.
domain within the corporate li
the City shall acquire, by negotiated purchase,
2.2 If the County so requests,
all real property, easements and other rights or
eminent domain, or otherwise,
interests in property for the Project located within the corporate limits of the
ounty requests the City's assistance for the
City. In the event the C
y for the project, the County agrees to pay all of the
acquisition of real propert
this work, including but not limited to consultant
City's costs associated with
appraisers, negotiators, expert witnesses, and attorneys prior to any work
being conducted by the City.
3. PERMITS
The County will be responsible for obtaining required permits for the Project.
The City will endeavor to expedite any pennits required by the County from the
City. The City will charge only actual time for permit staff review work,
including any consultant time.
4, CONTACT PERSONS
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DRAFT 12/12/02
The parties will each appoint a contact person to act as liaison for the Project.
These contact persons will meet as needed to provide coordination between the
its contact person on written notice to the other
parties. Either party may change
party.
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g, AUTHORITY OF COUNTY ROAD ENGINEER
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5.1 The County Road Engineer shall have final authority on decisions related
to Project design, contract management, and any other-issues related to the
ole contact with the contractor(s) for the Project.
Project and shall be the s r
and/or improvements that lie within the Kent city
All portions of the work
limits shall meet Kent City Public Works standards. Construction
activities, including traffic detours within the city limits, shall be subject
to review and concurrence by the City Engineer, Transportation
Engineering Manager, or City Construction Manager. For those
improvements on West Valley Highway that lie within the Kent City
limits, the Plans must be approved by the City Engineer prior to the City
issuing the County a permit for said work. Further, any field changes in
work or improvements during construction, that lie within the city limits,
must be approved by the City. Finally the City at its own discretion will
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from time to time have its own staff inspect the construction activities
associated with those improvements the City will eventually be
re the work being done thereon is being carried out
responsible for to assu
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DRAFT 12/12/02
in accordance to City requirements.. Should the City find discrepancies or
concerns with work being perfonned the City shall advise the County
m with take the necessary corrective action.
Road Engineer thereof who
All costs the City incurs for same shall be reimbursed within 30 days by
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the County.
ormin the functions related to the Project within the City, the
5.2 In pexf g
County Road Engineer may exercise all the powers and perform all the
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duties vested by law or ordinance in the City Engineer, City officer, or
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City department charged with street administration, except that changes
from the City approved plans for those improvement to West Valley
the City Engineer.
Highway that lie within Kent must be concurred by Y g
5.3 Final acceptance of the Project following construction shall be by the
County Road Engineer. The City Engineer shall inspect and accept work
within the City. The County Road Engineer shall not accept work within
approval from the City Engineer.
the City without written
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6, MAINTENANCE OF FACILITIES
6.1 Traffic Signal System.
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DRAFT 12/12/02
King County will retain ownership and shall be responsible for continued
operation and maintenance of the traffic signal system at the intersection
of
West Valley Highway and S. 277th Street.
6,2 Roadway and Drainage.
King County will retain ownership and shall be responsible for continued
e of the S. 277th St. roadway and drainage
operation and maintenanc
facilities.
shall convey to the City the roadway and drainage facilities,
King County
on West Valley Highway north of the intersection (north cross walk)
The City will then be responsible for continued maintenance and operation
of this section of roadway.
7. PAYMENT
The County, in consideration of the faithful performance of the work to be done
e the City with in 30 days for actual direct and
by the City, agrees to reimburs
rk. This work includes but not limited to plan
related indirect costs of the wo
roject inspection, property acquisitions and any
review, issuance of permits, p
other work the County may request.
ecificall requests the.City to perform certain work prior to
s
Where the County p y
ity will provide the County an itemized estimate of
commencing said work , the C
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DRAFT 12/12/02
the work to be performed by the City. The County shall make payment to the
work. The City will track actual costs to
City in advance for said itemized
perform the requested work and, should it be less then the amount the Comity
deposited with the City, the City shall reimburse the County the difference.
Should said actually costs be more then the amount the County deposited with the
City, the County shall reimburse the City with 30 days from the date the City sent
the notice of payment to the County.
Any monies due the City beyond the 30-day period stated in the above, the City
can charge the County a late fee thereon. Said late fee shall be calculated on an
annualized interest rate of 12%on the amount outstanding'
g, DURATION OF AGREEMENT
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ffective upon signature by both parties and shall
This Agreement will become e
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remain in effect until the following conditions have been satisfied:
1, Construction work has been accepted by both the City and the County.
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g. SEVERABILITY
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DRAFT 12/12/02
If any provision of this Agreement shall be held invalid, the remainder of the
ereby if such remainder would then continue to
Agreement shall not be affected th
serve the purposes and objectives of the parties.
10. INDEMNIFICATION
Washington State law shall govern the respective liability between the parties to
this Agreement for any loss due to property damage or personal injury arising out
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of the activities conducted pursuant to this Agreement.
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11. OTHER P ROVISIONS
11.1 Entire Agreement. This Agreement contains the entire agreement of the
parties concerning the matters contained herein and any representations or
understandings, whether oral or written, not incorporated herein are
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excluded.
11.2 Amendment. This Agreement may be amended only by an instrument in
writing, duly executed by both parties.
11.3 Right of Entry. The City hereby grants to the County right of entry into
the corporate limits of the City for the purpose of performing any and all
tasks necessary to complete the Project.
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DRAFT 12/12112
11.4 Eniyloyment Status. Each party shall be deemed an independent
contractor for all purposes and the employees of either party or any of its
contractors, subcontractors and their employees shall not in any manner be
deemed to be employees or agents of the other party.
11.5 No Waiver. Waiver of breach of any provision of this Agreement shall
not be deemed to be a waiver of any prior or subsequent breach and shall
not be construed to be a modification of the terms of this Agreement.
11.6 No Third-Party Rights. Nothing contained herein is intended to, nor shall
be construed to, create any rights in any person or entity not a signatory to
this Agreement, or to form the basis for any liability on the part of the
or their officials, employees, agents or representatives,
City, the County,
to any person or entity not a signatory to this Agreement.
11.7 Headings. The headings of the various sections and subsections of this
Agreement are inserted for convenience only and shall not be deemed to
expand, limit, or otherwise affect its terms and conditions.
lion Where or should the county acquire additional
11.8 Annexation/De-annexa
road rights of way parallel and abutting 277"' St for the improvement
thereof that lie northerly of the existing northerly right of way of said
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DRAFT 12/12/02
street, the City and the County hereby agree and concur to annex or de-
annex said additionally acquired rights of way such that they shall lie
within the sole jurisdiction of unincorporated King County. By so herein
occurring the City council and the King County council are hereby
authorizing the City's Mayor and the County's County Executive the
authority to do so.
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DRAFT 12/12/02
e executed this Agreement effective as of the
IN WITNESS WHEREOF, the parties hav
date last written below.
KING COUNTY CITY OF KENT
RON SIMS, County Executive Jim White,Mayor
D
Date
Date
Approved as to form:
Approved as to form:
Deputy Prosecuting Attorney City Attorney
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PUBLIC WORKS DEPARTMENT
Don E. Wickstrom,P.E., Public Works Director
Phone:253-856-5500
V j«N T Fax: 253-856.6500
Wws HINOTON '.
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
Date: January 6, 2003
To: Publi�Works Cormnittee
From: Don Wickstrom, Public Works Director
Regarding: Pacific Gateway Business Park Division III Agreement
As you may be aware, the Boeing Company wants to sell some of their vacant buildings within their
Space Center complex. To do so they proposed to short plat approximately 20 acres therein into 4
lots. Because they were not sure whether any of the lots would sell, or even if they wanted to sell
all of the lots, they wanted to tie the construction of the infrastructure improvements required by the
City, as part of the short plat approval to the sale of the property therein. While staff was
accommodating,we did require as a condition of the short plat that Boeing provide us with notice of
the sales, along with acknowledgment and recognition from the purchaser of what conditions and
terms would be required in order to occupy the property.
Further, staff did not want these issues to go on forever, so another condition was placed upon the
short plat that stated that should no lots sell within 15 years, then the Boeing Company would
vacate the short plat. The attached agreement satisfies these conditions, and the Public Works
Department is recommending that the Committee authorize the Mayor to sign sarne.
MOTION:
Recommend that the Mayor be authorized to sign the "Property Transfer Notification and Plat
Vacation Agreement" associated with the Pacific Gateway Business Park Division Ill short plat.
2002 FRI 02: 12 PH S`1`, REGIS 940 234 3703 1
P- OPI RT'Y TIZAttSFp;R NOTIFICATION
AND PLAT VACATION ACf21 EN1,W1.'
This Property':Cransfor NOtificalioti aitcl Plat Vacation Agreement
("Agrocrnent") is made as of the _day of 2003,by and betweett'I'li.0 .BOEING
COMPANY, a Delaware corporation {"Ov tact"}aucl the CITY OF LENT, a
municipal corporation of the State of W ishittg on(the "City").
TZECITA,I.,S
A, Owner is the owner of certain real property located in the City of Kent,
Down as Division III of the Page Gateway Business Park, SP-2002-1 /DIVA
2020160, more particularly described on Exhibit A attached hereto and incorporated
herein by this reference(the "Property")
R On _, the City issuod preliminary plat approval for a 4-tot
subdivision of th;:Property ("Plat Approval"), Said approval uiclucted:3 conditionthat
rcgirired Owner to notify the City ±,hen atty tr�ant fer of any iOt within the approved
plat occurred (the condition is attached hereto as Exhibit B and incorporated in full by
this reference). Said approval further required Owner and the City to execute an
agreement, in the form acceptable to the City,specifying how Owner would catty out
the notilleation obii-ation. The condition also required Owner to execute an
agreement requiring 0wrier to seek vacation of the plat within fifteen (Is) years of
recording of the subdivision if none of the lots have been transferred to an entity other
than Own tior,
C. Owner and the City wish to enter into this Agreement to allow Owner to
fulfill this condition of the plat approval.
NOW, TIIERE170R w, the panties agree as .rollows;
L This Agreement shall become effective upon mutual execution and shall
ranrain in effeet as set forth.herein.
2. hit the event Owner receives an executed purchase and sale agreement for
any lot within the Property, Owner shall provide the potential purchaser with a
copy of the Short Subdivision Conumttee approval docurriont and a full copy of
the final plat map ( "Approval Documents")prior to closing the sale of the lot.
3. Upon and in conjunction with the trans ter of ownership of any tot within
the Property. Owner shall provide written irotice to the City that th trarisfar
[(VADZ)456956.DOC) 12.;nr07
-2002 FN 02:12 PN ST. EEGIS 949 234 3766 P.
has occurred and provide the City with a nora.rized doew-rent signed by the
paveharter acknowledging said purchaser bas received a copy of the Approval
Docanents, read and understood their terms and conditions, and agrees to
cornply with the terms of said Approval Documents upon beconintg an owner
of a lot within the Property.
4. Notices required to be given to the City'ander this Agreement shall be given
A writing by Personal delivery or by certified or registered mail, return receipt
requested, at the following address:
City of Kent
Public Works Director
220 Fourth A errue South
Dent, WA 98032
Notices shall be deemed effective, if mailed, apon the second day following
deposit thereof in the United States rnail, postage prepaid, certiilcd or
registered Mail,xetrtrtr receipt r equestcd, or upon delivery tlrercof it other-rise
given. The City play change the address to which notices rn y be given by
giving writterr r:iotice to: Philip W. Cyburt, The Dieing Realty Corporation,
P.O. Box 3707 11?-S8, Seattle, WA 98124-2207, in the same mannor as
provided above.. �
f!B A0234SOOS6 D 0 C 1 -z- 12,11 V02
s-2002 F'R1 62: 13 PCB St REGIS 949 234 3768 i': 04
5. In the event no lots within the Properly have tr-ansf aTed ownership to an
entity not owned or controlled by'rhe Boeing Company within f°ifteerl (15)
years following Plat Approval, Owner shall seek vacation of the plat
established as a result of Plat Approval, Owner shall subndt the required
application to vacate the subdivision ro the c" within fourteen(14) days of the
lapse of die fifteen(15)year period, Should Owner not subinit the application
as required, the city shall be crititled to recover its cast;and attorney fees
expended in enforcing this provision in superior court after providing Boeing
with notice of said PAude to apply and fifteen (.15) days to cure said failure by
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submitting an application to vacate the subdivision. Upon plat vacation
approval, this Agreen)"t-shall terinhiate;
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W,NER. CITY:
G OM ' E
CITY or itLNT
Its: Vt e Presit6nt, Boeing Realty Corp. Name:
Title:
I�
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tJDA�23450056.U0Cj •�- - - t?;(t/x12 i
~ZQiJ2FR1 02t134-')li ST, REGIS :�Q
9.9 23 . .,766 P.
STA TF,OF CALIFOItNIA ) �
} ss.
COUNTY OF ORANC9E )
Oil this 13t7i day ofDoccrntvr, 2002, before meappoarrr!Yhzli�r w, Cybtnt,
personally known to me, and on oath stated he is Vice President of TI3E I3OEINC3
COMPANY, the corporation that executed the within and foregoing instrumcmt, anj
ackaolvlecl;ed said fllstrnms."t To be the free and voluntary act and deed of said
corporation for the uses and purposes therein mentioned, and that he was dolt'elected,
qualified and acting as said officer of the corporation,that he was attth<>rized to ectrtc
sari instrument and that the;seal affixe(1, if"Y, is the corporate seal of said corl.)oration.
hI WITNESS t' AEREOP I have herounto sot ruy hand and offeial seal the day
and year first above written,
(St�tmnu� nfNe�tary}
7 S.WFRTNFR
COrnmine OV#134U42
Notory Public,California
t'04AnQelaacounty MY COMM,FxPi..rcw Apt 6,20M� name
t n(Iri f Notary)
eve-+w.e,a-
NOTARY PUBLIC in rtm,T for the, StAtc
of California,residing at4r2 L"aC0%vi
Nly appointmLnt c;xpires: Cpr
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uFG-10-"-20V FR1 02: 13 F11 ST, RLC1S
940 234 5388 P.
STATE OF WAS-JINGTON
ss.
COUNTY OF _.. )
On this --- day of 2002, 'before me, the undcrsigned,
a Notary Public in and for the State of Washington, duly comiiussioned and sworn,
peiSonnily appealed to tale
known to be the person who signed as of'Fl-1 E
MY OF TENT, tote ToUnicipal Corporation that executed the "within and foregoing
instrument, and acknOwledged said instrument to be the frets and voluntary act and
deed of said municipal corporation for the uses and pixthoses therein Montiottcd, aizd`
i
on oath stated that he was duly elected, qualified and acting as said officer of the j
municipal corporation, that he was atuhorizod to execute said insix' nrcit and that the
Seal affixed, if any, is bite corporate seal of said 7ntuticipal corporation.
IN WITNESS WHEREOF I have hereurtt> setmy hand and official seal the
day and year°first above tten,
(Signature of Notary)
(Print or stamp name ofNotarv)
NOTATW PUBLIC in and for the State
OfWaAington, residing at
My appointment expires.,
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