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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 09/25/2014 KENT WASRINCTON Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher September 25, 2014 - 5:00 p.m. Item Description Action Speaker(s) Minutes Page Roll Call Changes to Agenda 1. Approve minutes dated July 24, 2014 YES Council 02 01 2. 2015 Washington State Arts YES Ronda Billerbeck 05 09 Commission Grant - Accept 3. "I" CANN Fitness Equipment Donation YES Hope Gibson 05 25 for West Fenwick Park - Accept 4. Well System Maintenance Easement - YES David Galazin 05 27 Authorize 5. Termination of Well Agreement - YES David Galazin 05 37 Authorize 6. Director's Report — INFO ONLY NO Jeff Watling 05 55 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101/ tpetroleCa)kentwa.gov 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 Page 1 Special Parks & Human Services Committee Meeting nNniowu"°monu�mdq P July 24, 2014 .pu,... K E N T WASHfNGTON Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins, and Brenda Fincher. Call to order: Committee Chair Debbie Ranniger called the meeting to order at 5:02 p.m. Changes to Agenda: Not applicable - special meeting. 1. Minutes dated June 26, 2014 - Aoorove Committee member Higgins MOVED to approve the minutes dated June 26, 2014. Committee member Fincher SECONDED. The motion PASSED 3-0. 2. 2014 Second Quarter Fee-in-lieu Funds - Accept Hope Gibson, Manager of Parks Planning and Development reported that between April and June 2014, the City of Kent received a total of $19,425.00 from the following developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. • Green Tree Park: $9,000.00 from Sound Build NW • Springwood Park: $10,425.00 from Forest Ridge Court II Jeff Watling pointed out that later on in the agenda there is an item on the Green Tree Park restoration project in the Panther Lake area. The $9,000 from Sound Build NW will go toward supporting that project. MOTION: Committee member Fincher moved to recommend City Council accept $19,425.00 for Fee-in-Lieu funds and amend the Park Lifecycle Program budget for future expenditures of funds in project budgets. Committee member Higgins SECONDED. The motion PASSED 3-0. 6. King County Directors Association Agreement for Playground Eguioment Purchase - Authorize Hope Gibson, Manager of Parks Planning and Development, displayed and identified Green Tree Park on an aerial photo. The park is located next to Emerald Ridge Elementary School and has the potential for a lot of afterschool activity. The play equipment is one of the oldest structures in the system. Staff applied for and Page 2 received a $60,000 grant from King County Youth Sports Facilities grant. Fee-in-lieu funds will also assist in funding this project. Parks Director Jeff Watling commented that Parks Planning and Development Manager Hope Gibson and Parks Planner Brian Levenhagen have solicited a lot of feedback from the neighborhood to come up with the park concept and the play equipment plan. Parks Planning Manager Gibson reported that the design was inspired by staff reaching out and getting input from 70 children in the neighborhood, as well as three adults for the play equipment selection. This city is purchasing the playground equipment through the King County Directors Association (KCDA) Purchasing Cooperative Agreement. MOTION: Committee member Higgins moved to recommend authorizing the Mayor to sign the King County Directors Association agreement for up to $85,000, including contingencies, to furnish playground equipment at Green Tree Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Fincher SECONDED. The motion PASSED 3-0. Committee member Higgins commented that he loves the project and that he used to frequent this park years ago with one of his children when he lived in the area. He is very excited to see this go in and it will be great for the neighborhood. 7. Kent Valley Loop Trails Master Plan Resolution - Adopt Parks Director Watling thanked Council for their leadership in this endeavor. This has been over a year in effort and work. Using virtual public meetings served as a great way of garnering a lot of great feedback. This plan takes all the visioning of the trails and connectivity to the river that spans 30 years. It takes all the visioning, and repackages it as a network of loop trails. What started as a vision for a one loop trail ended up being a system of five loops, varying in length that will attract both residents and non- residents. It's a great marketing tool that will attract residents. This plan takes care of what we have. Economic Development is just as supportive. Since the last Parks and Human Services Committee meeting, the plan has been through the SEPA process successfully. Jeff thanked Hope Gibson for her work on the plan. Staff is ready to adopt and send this plan into motion. Manager Gibson added that one of the city's favorite corporate partners REI is donating a $10,000 grant to assist with the signage. Director Watling stated that, as far as all the other ecological goals and priorities along the river with King County and the Army Corps of Engineers, this project is not meant to compete with the ecological goals but actually to meet that goal and add a social use. Jennifer Knauer and Loren Reinhold of King County have seen the plan and are in support of it. Watling commented that all of the complimentary Page 3 goals can be balanced. Committee member Dennis stated that it seems that it goes hand-in-hand. MOTION: Committee member Fincher MOVED to recommend Council adopts the Resolution adopting the Kent Valley Loop Trails Master Plan. Committee member Higgins SECONDED. The motion PASSED 3-0. Committee member Brenda Fincher said that the report was well written; had good style, and was easy to understand. She enjoyed the recommendations, especially the markers for signage and tracking. And for safety purposes, the plan assists users in knowing their location. And, it includes local attractions and marked places to meet up with people. She likes the areas where the road is part of the trail with the additional markings for the safety of bicyclists and vehicles. She thanked staff for all of their work on this. Parks Planning Manager Gibson thanked the hard work of the consultant who developed a readable plan that was user friendly. Committee Chair Ranniger felt it was a milestone and game changer for the area. She looks forward to the implementation and the signage being installed. Committee member Higgins feels that people will look at this as an asset in the years to come, comparable to Lake Meridian and Lake Fenwick, or other significant recreational opportunities. This project is making the trails a destination point and a known entity. Manager Gibson commented that it couldn't have happened without the vision of the council and Park's staff is very appreciative of that. S. Meeker Street Underpass - INFO ONLY Parks Director Jeff Watling reported that staff was asked to lead an interdepartmental team with Public Works and Economic Development to look at potential capital improvements to the Meeker Street underpass. The underpass is a key link into downtown, not only for vehicles, but now with the new residential apartments being constructed downtown, for pedestrians as well. Additionally, this is the pedestrian walkway to the only grocery store in downtown Kent. The current underpass is not welcoming, so the new plan makes this area a more positive civil statement. Parks Planning Manager Gibson presented a diagram of the location of the area noting that the team focused on features that would improve safety, cleanliness, functionality, and aesthetics of the area. The plan addresses the four corners of the underpass and the triangular island which Public Works refers to as a pork chop. A conceptual plan was developed by Parks Planning and Development Manager Hope Gibson and presented at the meeting. The various components of the conceptual design include; moving the fence farther up the slope to create a better Page 4 and safer pedestrian walkway, new lighting, power washing and painting the underpass and pillars, installing bird netting under the underpass to detour the birds from coming back, and new clean landscaping. The island signs would be removed at the intersection and new landscaping would be completed. Parks Director Watling added, from a funding standpoint, staff will have to come back to a committee meeting to request that resources be transferred from the Strategic Opportunity fund to support this project. The Department of Transportation has been contacted to coordinate the lighting, netting, etc. The Economic Development Department and the Mayor's office are in full support of this project. The Parks Department would assume the responsibility of maintaining the area. Future phases include an art component, which has been discussed with Cultural Division staff. Bike lanes are being considered through Public Works. Director Jeff Watling answered to Chair Ranniger's inquiry that yes, all five spaces will have an irrigation system installed. Committee member Higgins reported that, through the Bike Master Plan, Public Works was asked to do a traffic count along that stretch of road. This was done in order to make it potentially three lanes with a center turn lane, as well as bike lanes, long term. No decisions have been made, but they were asked to look at the traffic counts. He wants to know what he can do to speed up the process for this project. Committee member Fincher believes it will be a big improvement esthetically. Committee Chair Ranniger commented that the project is "art waiting to happen" on the pillars. Mel Roberts, 9421 So. 241st Street, Kent WA 98030, 253-854-0952. Mr. Roberts attended the meeting, noting that he hadn't heard about taking the island on the southbound lane on Lincoln Street that turns east and making it wider and incorporating landscaping. Mr. Roberts shared his opinion on specific directions he feels the bike lanes should travel and commented that he the island area should not be enlarged so that westbound bike traffic would be accommodated. Committee Chair Ranniger directed Jeff Watling to carry Mr. Robert's suggestion to the Public Works Department. 9. 2014 Second Quarter Reports - INFO ONLY Parks Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. Page 5 The quarterly contributions report shows over $24,000 in donations, cash, and in- kind materials for the third quarter of 2014. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of engaged partners, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and our services are resonating with our customers. Committee Chair Ranniger referred to the section under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that thus section refers to the 2013/2014 funding cycle and he will notify staff to adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. Parks Director Watling responded to council's direction to discuss marketing the Riverbend property with the Economic and Development Department. The first phase was looking at the size and scale of the property. It was decided to hire a broker. As a result, Commercial Real Estate broker, Jones, Lang, LaSalle will begin the marketing efforts sometime in September. As requested, the marketing plan will be framed with the high expectation of quality in the development of the property, as well as the future of the property. The next phase is working on the entitlements of the property. The plan will be looked at and discussed for potential zoning options at the Public Hearing at the Land Use and Planning Board on Monday, July 28, when the committee will look at the potential uses of the property. Economic Development (ECD) Director Ben Wolters, Director of Economic and Community Development attended the Parks and Human Services Committee meeting. He reiterated that staff is attending the Land Use and Planning Board Meeting on Monday to look for recommendations for action on zoning options. If recommended, the committee will move the item forward to the next Economic and Community Development Committee meeting. Recommendation would then go on to the next City Council meeting. The re-zoning of the property is what Council directed staff to do to ensure a quality development and a mixed-use development. Staff is seeking to capture those elements of quality, not only through zoning, but through any potential development agreement that will be part of the purchase and sales agreement. This will ensure the development plan for the property is what the city wants the property to become. And, the broker is very aware of this expectation. The property will not be sold just for the proceeds. The city's consistent message is that it will be a quality development. Committee member Higgins clarified that he was actually speaking to marketing at the golf course, but appreciated the update on the Par 3 property. Parks Director Watling responded that Riverbend staff will continue to pursue creative ways to market the golf course as they do utilizing social media. Staff is continually in Page 6 pursuit of creating new promotions such as text blasts. Text blasts let golfers know of special deals for T-times when there are openings in the schedule. ECD Director Ben Wolters also wanted to speak to the Meeker Street Underpass Project. He wanted to highlight that, from an economic development perspective, he and Economic Development Manager Kurt Hansen both feel this project is going to assist them in marketing the Platform and other potential developments in the downtown area. The primary grocery store downtown is via the Meeker Street underpass, not only by car, but by walking and biking. The plan has already been discussed with the Economic and Development Committee and some elements of the plan may be in the Mayor's budget. Ben stressed the importance of this project, in part due to the emerging growth in downtown, including the potential for development at the golf course property. He feels it is a vital connection between the two areas downtown. These civic investments and civic statements are increasingly important to our economic and development efforts. 9. 2014 Second Quarter Reports - INFO ONLY Parks Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. The quarterly contributions report shows over $24,000 in donations, cash and in- kind materials for the third quarter. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of partners we have, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and resonating with our customers. Committee Chair Ranniger referred to the section of the second quarter report in Performance Outcomes under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that staff will adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. 10. Director's Report Parks and Recreation Commission Update Outreach for potential candidates for the Parks and Recreation Commission has begun. Numerous applications have been received by interested citizens. Staff will Page 7 continue their efforts to reach partners through user groups, residents, and agencies to get the word out about this opportunity. Applications will be open until August 31, 2014. Anyone interested can apply online at www.KentWA.gov. There is also a link on the front page of the city's website that has a link to the application. Committee Chair Debbie Ranniger adjourned the meeting at 5:32 p.m. Respectfully submitted, z ;�� Teri Petrole Parks and Human Services Council Committee Recorder Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 t" Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager DATE: September 18, 2014 SUBJECT: 2015 Washington State Arts Commission Project Support Grant - Accept MOTION: Move to recommend accepting the $3,000.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission budget. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2015. Kent Arts Commission will use the funding to support the presentation of a performance and educational outreach activity by Hawaiian slack key guitarist John Keawe, as part of Spotlight Series. EXHIBITS: Washington State Arts Commission Contract BUDGET IMPACT: Revenue and expense within the Kent Arts Commission budget Page 10 Page 11 WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Mid-sized Arts Organizations FY15 Contract No.2015095 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter refereed to as the COMMISSION,and Name: Citv of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washington 98032 Mailing 220 4th Ayeppe South Address: Rent,Washingtop 98032 Phone No: 253-856-5050 Web Site: httpsflwwry;kentttrts_enm Washington State UBI: N/A Federal Employee ID: 41-6001254 DUNS: 20253613 Social Security Number: N/A hereinafter referred to as the CONTRACTOR. TIC PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or '.... program which is related to the conservation and development of artistic resources of the State of Washington.RCW 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30, B. DESCRIPTION OF THE ACTIVPTY.PROJECT OR PROGRAM CONTRACTOR shall use funds provided under this Contract No.2015095 solely for the grant proposal funded through the Project Support for Mid-sized Arts Organizations for FY15 as described in Attachment A: Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract:THREE THOUSAND AND 00/100 Dollars($ 3,000.00) 1. The Commission provides State Funds in the amount of ZERO AND 001100 Dollars IS 0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of THREE THOUSAND AND 00/100 Dollars ($ 3,000.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 14-6100-2043 Grant Conner No.2015095 Page 2 of 13 Page 12 3. CONTRACTOR agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2014 to June 30,2015. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMMISSION'immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Re resentative: COMMISSION's Contract Representative Name j ondq BilleTN4 Name Christel Ratliff and Title: Coltur8l,Programs.Mangger and Title: Program Coordinator! Org. City,of Kent Arts Commission Org: Washington State Arts Commission— Name: Name: Grants to Organizations 2204th Avepue_South Address: PO Box 42675 Address: Kent,Washingto3}, 98032 Olympia,WA 98504-2675 Phone: 253;856;5050 Phone: 360-586-0026 E-Mail; rbillerbec kentwa. ov E-Mail: christel.ratliff arts.wa. ov F. LIMITATION OF AUTHORITY The COM ISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMSSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any MI clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing.See General Terms and Conditions for Contract Amendment or Modification procedures. '..... G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of,Vork and Reporting Requirements - '......... Attachment B: Payment Schedule - Attachment C: General Terms and Conditions Attachment D: Invoice Voucher '... Attachment E: National Endowment for the Arts General Terms and Conditions for Federal Funding Grant Contract No.2015095 Page 3 of 13 Page 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use ofvehieles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000J$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT The CONTRACTOR shall provide a Final Report to the COMMSSION within 30 days following the Contract Period ending date.All Final Report materials must be submitted through the COMNI SSION's Grants Online System at http://wsac,culturogrants.org. THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. ''.... City o Kent Arts Cam ssiou WASHINGTON STATE ARTS COMMISSION gnatu e o pa authorized,resign fo CONTRACTOR) Karen Hanan,Executive Director r Date:— (prtn e name of signatory) (printed ttiittle�of�signatolry) Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11,2013 on file in fiscal office) Grant Contract No.2015095 Page 4 of 13 Page 14 GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTOR:City of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present a public performance by Hawaiian slack-key guitarist,singer,songwriter John Keawe as part of the 2014-2015 Spotlight Series.The concert will bring indigenous Hawaiian art forms—music, dance,stories—to Kent-Meridian Performing Arts Center,Oct. 11,2014. The performers will also present an educational lecture/demonstration at Kent-Meridian High School. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION,any public announcement,press release,or other direct mail or electronic mail announcement of the events)funded under this contract.The CONTRACTOR will mail such public announcements to: Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30-days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to organizations,by August 1,2015.Final Report Materials must be submitted through the COMMISSION's Grants Online System. http://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2015 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant Rinds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report. If you are not sure who these elected officials are,or need their contact information,go to hgp•ltapro lee wa govJdistrictfinder. Logo Credit: MTSWA ARTWORKS. arn.go WASHINGTON STATE ARTS COMMISSION Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo may be downloaded from the website: www.arts.wa.gov. If your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at www.arts.gov. Grant Contract No,2015095 Page 5 of 13 Attachment A i I Page 15 GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: I. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D '.......... of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; '..... 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.eov/grantsl rg ants- '.......... resources. '..... 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice;which shall include documentation of authorized expenses. 6. The schedule for payment is as follows:.._ Month/Year Amount '..... 8/1/2014 $ 3,000.00 or upon project completion '....... TOTAL AWARD $ 3,000.00 Grant Contract No.2015095 Page 6 of 13 Attachment B Page 16 GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Mid-sized Arts OrganizationsFY15 Contract No.2015095 CONTRACTOR:Citv of Dent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.............................................................................2 B. GENERAL CONTRACT TERMS Amendments or Modifications....................................................................................2 Conformancewith Law................................................................................................2 ',.. Orderof Precedence.,.......-.........................................................................................2 Severability..................................................-.............................................................2 Waiverof Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees...................... .........-................ .........2 Indemnification..............................................—...........................................................3 IndependentCapacity of Contractor...........-...............................................................3 ''.,.. Nonassignability..........................................................................................................3 Publicity/Acknowledgements............-........................................................................3 Reproduction................................................-.............................................................3 I Services within Washington ......... ........ ..........3 D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliancewith Applicable Law............—.................-..............................................3 Conflictof Interest.......................................................................................................4 HazardousSubstances.................................................................................................4 NondiscriminationLaws..............................................................................................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports................ ...-.....................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection.....................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET AdvancePayments Prohibited.....................................................................................5 Fundsnot Supplanting.............................-..................................................................5 Taxes........................................................................................................................... Traveland Per Diem....................................................................................................5 P TERMINATION AND DISPUTES Disputes.......-..............................................................................................................5 GoverningLaw and Venue................................................<.........................................5 Savings .......—.............................................................................................................5 Termination for Convenience..........-................................................. ...__................ onvenience......................................................................................6 Termination or Suspension for Cause.............. ................. ......-.................. .........._6 Q. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application................................................._............-.................. ...............................6 Publicity/Acknowledgements .....................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2015095 Page 7 of 13 Attachment C Page 17 A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf "CONTRACTOR"shall mean that firm,provider,organization,individual or other entity that has been awarded 'a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. "NEA"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms '........ "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. - '...... B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington;it — is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an '.. inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 1 Special Terns and Conditions of this Contract,including a. Scope of Work and Reporting Requirements '.. b. Modifications to the General Terms and Conditions 3. General Terms and Conditions '... 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSIBILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2015095 Page 8 of 13 Attachment C Page 18 INDEMNIFICATION—To the fullest extent permitted by law,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State '.. from and against any liability,damages,claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents,employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. '....... INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the '...... COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which '.... would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations tinder this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. '......... PUBLICITY/ACKNOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from.this Contract,as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. '....... D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTION AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local '.. government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, '... the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due '... notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this '... Contract.. '.. Grant Contract No.2015095 Page 9 of 13 Attachment C Page 19 In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CON MISSTON provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMSSION and any and all of its employees and/or agents,from and against any,and all liability,cost(including but not limited to all costs of defense and attorneys' fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. '.. NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMSSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURElCONFIDENTIALITY—CONTRACTOR acknowledges that the COMMISSION is subject to Chapter 42.17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified. RECORDS DOCUMENTS AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract.The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMSSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records,documents,and other materials relevant to this Contract for six years after termination or expiration of the Contract,and make them available for inspection by persons authorized under this provision. If any litigation,claim or audit is started before the expiration of the six(6) year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 98504-7450, http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the CON MSSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2015095 Page 10 of 13 Attachment C Page 20 E. FUNDING RE tMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. '.. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other.according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. '....... The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMNIISSION,and a third person chosen by - -- - - the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cast associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal.Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMNIISSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be '',...... liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the '.......... COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2015095 Page 11 of 13 Attachment C Page 21 If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within.thirty(30)days of the demand. If the COMMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMSSION shall be deemed exclusive. 'The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLICITYIACKNOWLEDGEMENTS—The PUBLICITYIACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: ',... "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts:' Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, '.......... Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2015095 Page 12 of 13 Attachment C Page 22 GRANT CONTRACT-ATTACHMENT"D" Invoice Voucher FORM r STATE OF WASHINGTON ACENcvuSEONLY AFRS AGENCY NO. LOCATION CODE P.R.ORANTH.ND. A19-1A a^e M aura IREv n96) INVOICE VOUCHER 387 001 AGENCY NAME AND LOCATION INSTRUCTION To VENDOR OR CLAIMANT, Submit this form to claim paymentfor materials, merchandise orservices. Show complete detail for each Item. WASHINGTON STATE ARTS COMMISSION Vendor's Croperatc. herebyceRlry ender penalty of perjury matmlitems and totals listed herein a are proper charges for materials,merchandise ce srMcer famished e the State of PO BOX 42675 WasMngton,and that all goods erK,mortal landlor status, services rendered col have been provided without tlisa'imination because of age,sex marital status,race,creed,colOq nagonal origin,handicap, OLYMPIA WA 98504-2675 religion,or Vettam era or disabled veterans status. VENDOR OR CLAIMANT(Warrant is to be payable to) BY: ®� City of Kent Arts Commission ( IGN IN SLUE INK) 220 4th Avenue South '(fit-.c-ctZ�Ll(- a ( t e e Kent,Washington 98032 (DATE) (TITLE) GATE RECENED: FEDERAL LD.NO.Oft3OCIAL3ECURITY NO.IFor RepoHing Personal Eervlro ContrnMPaymentvmlRS}: RECEIVED BY: ',,.. 91-6001254 UNIT AMOUNT FOR AGENCY DATE DESCRIPTION =QUANTITY UNIT PRICE USE '.. For-Grants to Organizations FY 15 ( ,•........ .......... ...........a.... .... ...............: ..• ..... . .......• ... .._.. ..... .. (. . Project Support—LevelB—Mid-sized I ? € Arts OrSanizations. .._..._...._...._................................f.....................................E..•......................•...................................................................................... .......... ............. PerAttachment"A°Scope of Work ...................................__.......................................'.............................•....... ..........................................................[...............•.•................_...•............, ............f.. .. ........... ..... Contract#: 2015095 1................._._...... .1.................................................••.............€................................_.............. ..................,•,,,..................:...•.•......... ��..........................���.................................................................i.....................•....g.......................................'......•.............................•...................3...................._.......................e..... ..............................'....••...........................................................n 012 State Funds ° $0.00 ..........................:...............................•.....................................................,.............................•...,...... 1................................._t.........................;.......................................„...........................................................b.................................................. 020 Federal Funds 9 E $3,000.00 ..........................................._................... .......... ............... ,................................_..._......................_............•......... Total: , 3 000.00 ! '........................i,.................•...................L..,..............,.....,.... DATE: ',.. PREPARED BY: TELEPHONE NUMB ER: DATE: AGENCY APPROVAL: DOC.DATE PMT DUE CURRENT OOC.NO.: REF.DOC.NO.: VENDOR NUMBER: USETAX VENDOR61ESSAGE: 59I NUMBER: DATE REF M MASTER INDEX SUB t+orrea., cawry cmrtrntx DOC TRANS O FUND APPN PROGRAM SUB SUB ORG Budd PROJECT SUM PROJ AMOUNT INVOICE NUMBER SUP CODE O INDEX INDEX OBJ .OBJ INDEX ALLOC ubt MOM PROD PHAS 001 012 00103 NZ 5MAO 00 00 $0.00 MA02015095 001 020 00103 NZ 15 6MAO 00 00 $3,000.00 MA02015095 WARRANT NUMBER: ACCOUNTING APPROVAL FOR PAYMENT: DATE: WARRANT TOTAL: Page 23 III Washington State Arts Commission CONTRACT—ATTACHMENT S National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-67 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color ornational origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of hislher disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http-//www.arts.gov/resources/Accessibilityl. H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title II), and places of public accommodation and commercial facilities (Title I11). 1. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s) to ArtsWA. J. Federal Debt Status (OMB CircularA-129)—you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a Page 24 Page 25 ',.. AdL PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Aev Fax: 253-856-6050 WA5HINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development DATE: September 25, 2014 SUBJECT: "I" CANN Fitness Equipment Donation - Accept MOTION: Move to recommend Council accept the fitness equipment donation from King County "I" CANN for West Fenwick Park, valued at $14,000.00. SUMMARY: The City of Kent has been given $14,000.00 worth of outdoor fitness equipment by the South King County Community Activity Nutrition Network initiative ("I" CANN). This equipment will be installed by staff to replace aging equipment along an existing fitness trail in West Fenwick Park. EXHIBITS: None BUDGET IMPACT: Impact to the city's asset list Page 26 Page 27 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Well System Maintenance Easement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Well System Maintenance Easement between the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Cris LeCompte and Maureen Korsmo-LeCompte (collectively, "LeComptes") own a parcel of land adjacent to property in the Clark Lake Park area that the City recently purchased. The LeComptes' parcel is serviced by a domestic water supply well that is located on the City's property, but the City has no use for the well. This Easement grants the LeComptes the right to enter the City's property to use, access, inspect, monitor, construct, reconstruct, restore, maintain and repair the domestic water supply well. EXHIBIT: Well System Maintenance Easement BUDGET IMPACT: None Page 28 Page 29 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW114, NE1t4 STR 21-22N-5E King Co., WA ADDITIONAL LEGAL DESCRIPTION: See Exhibit A. page 6 ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043: 212205-9003 Project: CLARK LAKE PARK ACQUISITION WELL SYSTEM MAINTENANCE EASEMENT i WITNESSETH that the CITY OF KENT, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby grants and conveys to Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (collectively, "Grantee"), an appurtenant, nonexclusive Well System maintenance easement through, across, upon and within the following described real property situated in King County, Washington, more particularly described in Exhibit "A" and as depicted in Exhibit "B" ("Easement Area"), both attached and made a part hereto. 1. Purpose and Access. Grantee shall have the right to use the Easement Area only for the purpose of using, accessing, inspecting, monitoring, constructing, reconstructing, restoring, maintaining and repairing a domestic water supply well, including water distribution lines, necessary pump equipment, and appurtenant electric power distribution lines ("Well System"), including, but not limited to the right to remove vegetation, structures, or obstacles as may be necessary within the Easement Area. Grantee's rights specifically include reasonable rights of ingress LeCompte and City Well Maintenance Easement Page 1 of 7 Page 30 and egress directly from SE 240th Street across Parcel No. 212205-9043. Grantee's use of the Well System shall be limited to only that water supply reasonably necessary for one domestic single-family residence. If any damage is caused by Grantee's use of the Easement Area, Grantee shall promptly restore the property to equal or better condition. 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. 3. Future Relocation. Should Grantor, at its sole discretion, require the relocation of the Easement Area for any public purpose, Grantor may relocate the Easement Area and the Well System and related appurtenances, at Grantor's sole cost and expense, provided that Grantor shall give written notice to Grantee ninety (90) days in advance of said relocation. Grantor covenants with Grantee that any new Easement Area shall be in the vicinity of the original Easement Area. Upon notice of relocation, if Grantee does not wish to use the new Easement Area, Grantee may choose to terminate this easement, and the provisions for termination and restoration in Section 5 hereafter shall apply. 4. .Responsibility and Indemnification. Grantee shall at all times observe and perform all laws, ordinances, rules and regulations now or hereafter imposed by any governmental authority which are applicable_to Grantee's use of the Easement Area, and shall not at any time make or suffer any strip or waste or unlawful, improper or offensive use of the Easement Area. Grantee shall indemnify and defend Grantor and hold Grantor harmless against all claims, loss, damages, liability and expense (including reasonable attorneys' fees) incurred or suffered by Grantor and all actions or proceedings by whomsoever brought or made against Grantor with respect to (i) any acts or omissions of the Grantee or anyone claiming by, through or under Grantee, or (ii) any breach of Grantee's covenants or obligations under this Grant; provided, however, that nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the sole negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. 5. Termination. Subject to the provisions of Section 6 below, the rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for the uses herein permitted for a period of one year, in which event this easement shall terminate by these terms along with all of Grantee's rights hereunder. Upon termination, all portions of the Well System within the Easement Area shall become the sole property of Grantor, and Grantee shall have no further rights to use or benefit from the Well System; provided, however, that upon termination Grantee shall restore any portion of the Easement Area damaged by Grantee's activities under this easement to its original condition, to Grantor's reasonable satisfaction. LeCompte and City Well Maintenance Easement Page 2 of 7 Mfile¢\i)065hYih-PertelmP -QahU \Wel Maln@Yazce Eaaement0901t6.tlac Page 31 6. Availability of Public Water Supply. At such time as a public water supply is available to the Grantee's property immediately adjacent to the property line (and along the south side of S.E. 240`" street, King County, Washington), the Grantee's property shall be required to connect to such public system and water from this Well System shall no longer be provided and this easement shall be terminated, subject only to Grantee's responsibilities pursuant to Section 5 above. 7. Repair and Maintenance, Grantee shall be solely responsible for the cost of repair and maintenance of the Well System and all waterlines and electric power distribution lines within the Easement Area. Grantee shall keep and maintain the Well System and related appurtenances in good repair and condition, and shall be responsible for causing such repairs and maintenance to said portions of the system as Grantor reasonably deems necessary. S. Protection of the Well System. Grantee, at its sole discretion, shall have the right pursuant to this easement to protect the Well System, including the well head, from tampering and vandalism. Notwithstanding Grantee's rights with regards to protecting the Well System, the Grantor shall have reasonable access to the Well Head if necessary. 9. Successors and Assigns. During the term of this easement, it shall be a covenant running with the land, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon the parties, their heirs, successors and assigns. GRANTOR: CITY OF KENT BY: Print Name: Suzette Cooke ITS: Mayor Date: ACCEPTED BY GRANTEE: Cris LeCompte Maureen Korsmo-LeCompte By: By: Print Name: Cris LeCompte Print Name:Maureen Korsmo-LeCompte Date: Date: (Notary Acknowledgements Appear on Following Pages) LeCompte and City Well Maintenance Easement Page 3 of 7 R�,�Nll�-P.-1111.11h��k.\IdlW�,—.,.Ea-111os,..do Page 32 STATE OF WASHINGTON ) } ss. COUNTY OF KING } I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement Page 4 of 7 Page 33 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- L..... IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement '... Page 5 of 7 MiRFlies\OOen Flle9\I70C59hrk PCke Ckk Clark Lakr\fill Malntenanm ESement 09033a,tloc Page 34 EXHIBIT A EASEMENT WELL WATER SERVICE LINE APN #2122059043, 212:2059003 THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT NUMBER 674032, RECORDED UNDER RECORDING NUMBER 7708030801; RECORDS OF KING COUNTY, WASHINGTONI, IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; TH-ENCE N00057'08"E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 105,27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `vA", SAID .POINT BEING THE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE N87026'53"E 14,48 FEET; THENCE N6002643"E 19.52 FEET; THENCE N15057'38"E 12102 FEET; THENCE N01026'15"E 37.33 FEET TO-A-POINT THAT-LIES-195;00 FEET SOUTH, WHEN MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID SECTION, AND THE NORTH TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; AND BEGINNING AT AFORESAID POINT-A"; THENCE S8712653"W 37.87 FEET TO THE WEST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS REQUIRED TO EXTEND AT ANGLE AND END POINTS. CONTAINING 1,212 SQUARE FEET, MORE OR LESS. i a rs � i Page 35 I SEC16 _ NE SEC 21 SE 240TH ST ------- ----- -------- I i o 4 m PARCEL# I 212205-9666 I I I I I I PARCEL# PARCEL# 212205-9003 212205-9043 r �5a � I 5 L3 LA Ling Table L1 Llne# Lengrfi Olrecklon I I I L2 POINT OF BEGINNING POINVA" L2 lags` N$7^A3°E, W L3 16.52' N60g26'43^E; 00 N LA 12.02' N15 673$o' o L5 - 37;33' N1 2616°E IMPORTANT: 5 SWCORNER THIS IS NOTA SURVEY,ITIS LOT 1 FURNISHED AS A CONVENIENCE SP#674032 TO LOCATE THE LAND INDICAYE HEREON WITH REFERENCETO STREETS AND OTHER LAND,NO LIABILITY IS ASSUMED BY Projecig Parks-Clark LK REASON OF RELIANCE HEREON, CLARK LAKE WATER LINE LOCATED IN.THE EAST HALF OF THt EASEMENT NW 114 OF THE NE 114 OF SEC 21, CCETSIT DRAWN BY: JAF TOWNSHIP 22 N.RANGE 6 E,W.M. w""N11O1O" EXHIBIT 1 CITY OF KENT SCALE: 1°=50' B LAND SURVEY SECTION DgTE: 818/2$1a ! Page 36 Page 37 LAW DEPARTMENT Tom Brubaker, City Attorney ® Phone: 253KEN -856-5770 T Fax: 253-856-6770 WA HIN OTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Termination of Well Agreement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Termination of Well Agreement encumbering properties currently owned by the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte. SUMMARY: Dorothy J. Loyer, Robert Miller and Marjorie Miller entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), encumbering two parcels of real property. This Well Agreement was subsequently amended on February 28, 1989, by an Addendum recorded as Document No. 8902281152. The City is the successor in interest to Dorothy J. Loyer, and the current owner of one of the properties subject to the Well Agreement. Cris LeCompte and Maureen Korsmo- LeCompte are the successors in interest to Robert and Marjorie Miller, and the current owner of the other property subject to the Well Agreement. The City has determined that the Well Agreement is no longer necessary, and Cris LeCompte and Maureen Korsmo-LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County. EXHIBIT: Termination of Well Agreement BUDGET IMPACT: None Page 38 Page 39 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 TERMINATION OF WELL AGREEMENT GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW1/4 NE1/4 STR 21-22N-5E King Co., WA ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043; 212205-9066 REFERENCE NUMBERS OF RELATED DOCUMENTS: 8901030642 8902281152 Project: CLARK LAKE PARK ACQUISITION Termination of Well Agreement Between LeCompte and City of Kent Page 1 of 5 Page 40 TERMINATION OF WELL AGREEMENT This TERMINATION OF WELL AGREEMENT ("Termination") is executed this day of , 2014, by the City of Kent, a Washington municipal corporation ("City") and Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (Collectively, "LeCompte"). Recitals A. Dorothy J. Loyer ("Loyer"), and Robert L. Miller and Marjorie D. Miller, husband and wife (collectively, "Miller") entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), attached hereto as Exhibit 1, encumbering two parcels of real property legally described on Exhibit "A" of the Well Agreement. B. This Well Agreement was further amended by that Well Agreement Addendum recorded on February 28, 1989, as Document No. 8902281152, attached hereto as Exhibit 2. C. The City is the successor in interest to Loyer, and the current owner of the property identified as Parcel i on Exhibit "A"of the Well Agreement. D. LeCompte is the successor in interest to Miller, and the current owner of the property identified as Parcel 2 on Exhibit "A" of the Well Agreement. E. LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County, Termination NOW THEREFORE, in consideration of the covenants contained herein, and for other goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 1. Termination. LeCompte and the City hereby execute this Termination in order to terminate and remove the Prior Recorded Document from the real property records of King County, Washington, 2. Effective Date of Termination. This Termination shall become final and effective on the date recorded. At the time of recording of this Termination, all conditions, requirements, responsibilities, and/or liabilities established by the Well Agreement, as amended, shall cease and their terms shall become null, void, and unenforceable. Termination of Well Agreement Between LeCompte and City of Kent Page 2 of 5 Page 41 3. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall be in King County Superior Court. 4. Recitals: Counterparts. All recitals and exhibits are incorporated herein by reference and shall be considered material parts of this document. This Termination may be executed in counterparts, each of which shall constitute one original and all of which together shall constitute one and the same document. IN WITNESS WHEREOF, LeCompte and the City have caused this Termination to be executed. CITY OF KENT By: Its: Mayor Date: CRIS LECOMPTE Cris LeCompte Date: MAUREEN KORSMO-LECOMPTE Maureen Korsmo-LeCompte Date: Termination of Well Agreement Between LeCompte and City of Kent Page 3 of 5 Page 42 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i Termination of Well Agreement Between LeCompte and City of Kent . Page 4 of 5 Page 43 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P.\<IVIMe-\Open Flles\t]00-SXulle-Porte4a PSAtlari[lake\?emiieatian aF Wnll/a9reameift.tloa Termination of Well Agreement Between LeCompte and City of Kent Page 5 of 5 L..... Page 44 I EXHIBIT 1 4 AFTER RECORDING RETURN TO: Johri E. Nelson, Attorney 601 West Gowe Kent, WA 98032 gc.n2+p3 ia09.42 g REED Q,OD ' r9Suci ****9.00 9g WELL AGREEMENT ' Agreame:t entered into between. Dorothy J. Layer, a widow, and Robert L. Miller. and Marjorie D. Miller, husband and wife, the day and year .last below written. RECITALS A. Dorothy J. Layer, hereinafter referred to as =` "Layer", is owner of that real property particularly N described on the attached Exhibit "A", incorporated by. . • herein by this reference, as Parcel 2, and hereinafer referred to as the "Layer property". rn B. Robert L. Miller and Marjorie D. Miller, Q hereinafter referred to as "Miller", are owners ,of that p real property particularly described on the attached C1% Exhibit "A" as Parcel 2, and hereinafter referred to as co the "Miller property". WED c C. Each property now has one single family my $ residence constructed on it. 'Y C nm D. The parties are desirous of entereing into am*.•r' ^� b agreement for the operation, maintenance and repair of a private domestic water supply system from the water well on the Layer property. E. The terms"system", "well system" and "waterer w ` system" shall mean the water well , pump, tank, water pump equipment, regulators, pumphouse and waterlines from said water well to the exterior of the residences Z designated in Paragraph C above, all of which are located on the Layer property and the Miller property t and which are located approximately as shown .in Exhibit "B", c attached hereto and incorporates herein by this reference. NOW, THEREFORE, in consideration of the mutal covenants and conditions contained herein, the parties iagree as follows: 1. All parts of the well system and all waterlines shall be kept in ,good repair and condition and maintained by the party designated herein and at that party's expense, unless otherwise specified. Each party shall be responsible for the goad repair and condition of its own water system in each residence from its point of entry into• such residence. Miller shall be responsible for repair and maintenance of all waterlines on the Miller property. Layer shall be responsible for repair and -Page One- P 1 . ., tC':4.ski.. we ?.... .Qt w.. )'s`•'+"• ;-!f.•, r, vp Page 45 t L maintenance of all watelines on the Loyer property 2. The parties shall be jointly responsible for the cost of repair and maintenance of the well system and common waterlines on the Loyer property and the waterline from the common waterline to boundary b?cween the Loyer ,property and the Miller property. Loyer shall be responsible for causing such repairs and maintenance and repairs to said portions of the system as Loyer deems necessary. Upon completion of any repairs and/or maintenance, and payment therefor, Loyer shall send notice to Miller of the cost thereof. Miller shall, pay to toyer within ten(10) days of receipt of notice of ^=` such charges one-half of the amount expended. a Notice mailed to Miller by Loyerby U.S. mail , first class postage prepaid, at the Miller property shall be deemed to have been received three(3) days + ' after the date of mailing. t;.S Loyer shall not be responsible for damages of any kind as a result of failure to maintain _ andlor 'repair as provided in this Paragraph 2. i M 3. The use of the well system shallbe limited !: 2to the supply for one domestic single family residence ' for each party on each of the respective properties. O In other words, the Loyer property and the Miller c property shall be entitled to,a domestic water supply for no more than one single family residence each. 4. At such time as a public water supply is { available to the Miller property immediately adjacent t to the property line (and along the south side of { S.E. 240th Street, King County, Washington) , the 'Miil.er ! property shall be required to connect to such public system and water from this well system shall no longer be provided and this agreement shall be terminated. Any easement and/or covenant for .the protection of the well system and/or the well location which is theretofore in effect shall remain in full force and effect and shall not affected by this paragraph or such termination. 5. Miller shall pay to Loyer the sum of Five and no/100 Dollars($5.00) per month, payable quarterly beginning the first day of January 1989, and continuing on the first day of each quarter thereafter so long as this agreement is in effect. This agreement shall remain in effect 'until terminated under Paragraph 4, above. Upon termination of this agreement Loyer shall be owner of all portions of the system lying in, on or under the Loyer property, and Millar shall be owner of all portions ! of the system lying in..-on or under the.Mftler property. 6. In addition to tf* pfigvist&ns for payment under 6 Paragraphs 2 and S. above, Miller shalt be responsible -Page Two- .. .... Page 46 for reasonable use of the system and for maintaining its portion of the system and all plumbing. outlets and provisions for transporting and use of the water thereafter in good 'repair so as not to cause unreasonable wear and tear or damage to the system or cause excessive use of electrical power for operation thereof. In the event of failure to do so, Miller will be responsible for immediate reimbursement to Layer of the cost of all repairs to the system including toe well , pump, waterlines and equipment which might be occasioned thereby, and for excessive use of electrical power for operation of the system. 7. During the term of this agreement it shall be a covenant running with the lands, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon, the parties, their heirs, successors and assigns, except as provided in Paragraph 8, below. B.. In the event the Layer property should at anytime be subdivided, platted or otherwise be divided into �p two or more parcels, the rights and obligations O created hereby shalt be a covenant running only with that parcel of real property upon which the well is _ located. IN WITNESS WHEREOF the undersigned have set their 00 hands the days and year below wri ten. Dated: t6'-Z -3$ tip11-1 � ' Dorothy 7 L ye Robert E' s.1 s� goat o` Marl rie D. Mille g'o So% Washington) ew, . . to ss € rs mtya of King} A P g ? °fthis day personalty appeared before me Dorothy J. Layer. ti :°pF '•,.�p•mmrpowfl to be the individual described in and who executed 1 Orbw ithin and foregoing instrument, and acknowledged that she 111'"_signed the same as her free and voluntary act and deed, for the uses u poses therein mentioned. Dated:_u1v�,e4ea Z%,M& My Commission expires: 9-6-10 Public in an oche State of Washington, residing at reOT 1" a �• grtashington) ss Y+ . om 'Qf is da King) rit�§ y personally appeared before me Robert L. Miller $v. t 5� ? aCie D. Miller, to me known to be the individuals 6 zin and who executed the within and foregoing instrument, `• 'i •slid"�a ledged that they signed the same as their free and . y a�> tyry act and deed, for the uses and purposes therin mentioned. > sa.ta.aa My Commission expires: t-K-90 is Public in and for the State of Washington, residing atiJ �. 1��S 6 n. � r.vtJ%:4Tr. '.S• �,.P'�a— .'if�w`eL�' ,..e. Page 47 i v ! EXHIBIT "A" f PARCEL 1: The west half of the east half of the northwest quarter of the northeast quarter of Section 21, Township 22 North, Range 5 East, W.M.; Except the south 55 feet thereof, and except road; All situated in King County, Washington. t. PARCEL 2: The north 195 feet of the west 86 feet O of the east half of the east half of the q M northwest quarter of the northeast quarter O of Section 21, Township 22 North, Range 5 East, O H.M. ; Except road; o0p All situated in King County, Washington. f( I ... ....Page 48 EXHIBIT *V ME 679, tZ� �t Or > ��G24, T�tV j oeird W'M e5. d2,507H d.: � �lc2 /�Itt�Jz o i ! I/!C ". :. JGt�A�s�Y 4. 1jW144 �rif-Y--w54+�,�:1?:^fa$'/P'i:.k:t:: •:e,,i-:%.` _ ��:v`�"a:�ii'• . :>i...^. >) tL... Page 49 EXHIBIT 2 RAtroata J. TAYILHt a FIRST AMERICAN TITLE 89<O2,em 01152 D 12639 S.E. 2406 Street FOURTH a B ANCHARD B= Rent, b�shington 98031 SFArrLF-wA 99121 RECD F 1A. CRSiiSL 10.00 ' 55 NELL At II'AEGRAM " .S . RAfMALL J. Mulct AM ==W E. TAYIM , agree to assm ALL liability for RDA L. MXMER AND MRJORIE D. MILLER as stated in the Well agreement f dated Decer-ter 28, 1988 bebmen, DCfk M J. LAPEL AND ROBERT L. MILLER AtvZt MAlUallE D. M]LUM, recorded on Janwary 3, 1989 Wunder Auditor's file ND. .. 8901030642. This agreamnt is binding end obligatory upon, the parties, = their heirs, suers and assigns. '.i. . LIiI�1L � N Tha North 195 feet of the West 86 feet of the Fast half of the East half of the to Northwest quarter of the Northeast quarter of Section' 21, Township 22 North, Range i 5 East, W.M., in Fang County, Washington; co N EaMr the North 30 feet thereof. Situate in the County of Ring, State of. Washington. s;= U• , co Doro E. for lS pu ttl I ' STATE OF WASH@ UON, r+ County of I hereby outify that I{mow or have satisfaetory evidence that Randall J. Taylor and Dorothy E. Taylor AgmAtbisb*ttumentmAadmowledgedittobe their free end voluntary actfor the uses and purposes mentioned '.... in this instrument Dated: February 28, 1984 �/ t Shelley Fiorito I .. Notary Public in andfor "of Washington, residing at Renton - Rr ._ MY appointment expires 06/27/90 Page 50 ;A►TER AECORDIRG RETURN 70: • •'- ', she E. Mellon. Attorney 661 vast Govi Seat, VA 98032 g.-9i�l1 D7E93 is BCD p 9.Op - i 6 wELt AGREEMENT • .•.:. ',... - Agraestat entered Into between Dorothy J. toyer. a widow, and Robert L. Miler and Marjorie D. Miller. •.a husband and wife. the day sad year last below written. RECITALS CV A. Dorothy J. Layer. hereinafter referred to asj Lq 'Layorl, is owner of that real property particularly t•}4 ® described an the attached Exhibit A', incorporated K bevels by this reference, as Parcai 1. and herainafer y. ' N referred to as the 'Loyar property'. il,' ry R. Robart.L. Miller and Marjarle D. Kilier. hereinafter referred to as '8111era, are owners of that ' p U.M. arty particularly described anthe attached a` Eaibt 'A' as Parcel 2. had hereinafter referred to as CO o� the 'Miller property". be C. Each property now has one single family ;,• - v a^, rasideace constructed on It. ,.a;h mil D. The parties are desirous of ehtereing Into amw.^ agreement for theAparation, maintenance aad repair of=-''• a private domestic eater supply systetnfro■ the water wall an the Loyer property. —_ -- E. The terms 'system'. 'vr/l .systew' and 'rater system" shall meac the water well. pump. tank. water pump equipment, regulators, pumphousc and waterlines from said water welt to the exterior of the residences 1 '... designated to Paragraph C. above, all of which are locsted am %be Layer property Amd the Miller propartyy and which are located apDrpaimately as sheen to E:A16/t 'a', attached hereto and incorporated hereto by this reference. NOV. THEREFORE. :a consideration of the meta! '... covenants and eondittaas contained hoots. the parties Agree as follovst 1. All parts of the well system and all raterlsaes shall be kept in good repair and condition and maintained by the party designated hereto and at that party's expense. '.. anless otherwise %pacliled. Each Party shall be responsible for for good repair and condition of its awn water system in each relIdeate from its point of entry into such resldeoee. Miller %hall be responsible for i„ repair and maintenance of all wateritaas on the Hiller property. toyer -hall t•a responsible for repair and ',.. -Page Dan- i t Yi1� •vvr2^.•Y`Mr?:�..'.�."_•:•.i..xJ,'.� ++`�'��•�+•i; ... .uaMrni.r:n.:',�. .. =�r;3:' _ '.. i _.. _. Page 51 s i malntensate of ail matelints on the. Layer property , ;, 4heparties sASit be )ofntly responsible :y for the cost of repair and maintenance of tAa well system and common wat&file*s on the toyer property . i and the waterline from the common waterline to .•}.Y:'. boundary between the Layer property and the Miller property. Layer shall be responsible for causing SUCK repairs and mafateaante and repairs to said portions of the system as toyer deems necessary. Upon completion of any repairs and/or maintenance. and payment tbarvfor. Layer shall send notice to Millar or the cost thereof. Miller shalt pay to N toyer within tor(le) days of receipt of notice of I1) such cborgas one-half of.the amount expended. ; 4 ^► Watiao no f lad to Miller Loyar by U.S. mail, first class postage prepaid. at the Miller property ,..:*•, co &hall be.dovmed t- have been received tbras(J) days ' after the dot* of mblling. L, . (� toyer shell ant be responsible for damages *I bind as a result of failure to maintain and/or repair as provided in this paragraph 2 a0 S. The use of the well system shall be limited to the supply for one dom*stie single family residence for each party on each of the respective propertlef. Yn other word%. the Loyer property and the Miller Prop arty shall be entitled to a domestic water supply for no, nova, than one single family residence each. 1 d. 8t such time as a public water supply is 1 , 1 available to the Millar proDarty immediately adJbctnt 1. i { to the property lies (and along the south side of S.E. 248th Street. Klap Idea ty. Washington). the Miller , Property shall be roqufrad to connect to such public system and water fro, this malt system shall no longer be provided and this agroement shall be. terminated. Any easomest and/or covenant for the protection of the ' mai $,Its* and/or the well location which.is theretofore l `•� { to !fact shall rxa:in in full force anu effect bad shall inot affected by th'i . paragraph or such termination. .. �- S. Miller shall pay to Layer the swa of Five and solloo 8o1Lra(15.eO) per mouth. payable quarterly 1' a8inniap the first day of January 1989. and continuiag an the first day of each quarter thereafter to long as 1 this agreement Is in effect. This agreement shall remain to affect until terminated under paragraph t, above. ! Upop termination of toil agreement lop*r %hall be owner of all portions of the system lying Ino on or under the 1 Loyor property. sod "liter shall be owner of bit portions of the system lying in. on or under the Miller property. d. to a.'4itlap to the provisions for Paysast under .paragraphs 2 an.• 5, above, Millar shall be resFeasible -Page Two- -•• S .w:..r INi`Y "" ny. 1 _,w ...r'-?ti,Y.'`• .f.'Z'::}?y . . .. .. . Page 52 Al _ ixN Fj{ti= �• .'j• for reasonable use of the system aad for maintaining its portion of the system and all plashing, outlets aad provisieas for transporting and use of the aster thereafter is good repair so as not to cause unreasonable wear.and tear or damage to the system or cause excessive as* of olectrical,Vowsr for operation thereof, is the *vest of fallure to do so. i Miller shad be responsible for lmmediate reimbursement to Layer of the cost of all repairs to the system including the well. pump. Waterlines and egnt psent wbleb ai9at be ocustooad thereby. and for a cessive use of a cetrieai power for operation of the system. y. During the'tarm of this agreement it shall be ► l covenant reaming with the leads. and the terms aad ; y i conditions berate shah tour* to the benefit of. and i (y) be binding and obligatory upon. the parties. their heirs, successors and,ass lgns, except as provided in ,>• , Paragraph a. below. J...: S. In the event,the Layer property should at anytime 'CQ• tV be subdivided. platted or otherwise be divided Into CV two or were parcels. the rights and obligations �1J created hereby shall be a covenant reaming only with p'• �. ..0 that parcel of real property upon which the veil Is O� located. CO In MITNtSS VHER10f the undersigned have set their i CO bands the daps and year below wri t*a. i bated: f2-ta-5& ric . !1 orot y J.1LYYCr OF Rob#r_ r 1 111 ro sa®r o ar e U. 15111or IF m Masb/*gees) s ss r r Y . of Ring) . + xr 0 his do to personally appeared before me Dorothy J. Layer, lrr *+r pted itbiaaand tareaoian®Instrument.ividual eand oschnod In usednd wed tho hat signed the same as her free and voluntary art and dead, for lbe uses a poses Rhereia mentioned. Dated---;,— 2s,mil MY Commission aepiross T-o•Y* nIr`blicc in and•Tor the State of gasbington, restding at seas y`$ + asblagtba) as i�afi o¢ f king) Sw l I is day parsonally appeared before me Robert L. Millar r R�e ap ie 0. Miller. to as harem to.be the individuate +ig$2'4 'ta oat -he axfeeted the within emd fernggolag fne Uuwent. ''gt}d' 4 tadgad .bah tbiY slgaad the aama as their fraa tot - Om¢ o act end daodx for the uses and purposes shorts aeotioned. My Camelsslon expires$ 't-w•7a a e n AR-TO-1- the state of des hinq tom, ramie{aq of _. ^�'�"'' .•'�CLU1�j1w}•+•m'.t�.4tAervewlµ v;:; . • �` n� + ,�'..�r��.Y^N1M1. ..•Q'��i..Ir"a�,•iini;..'tN,atY.` 1N.�fY•.+-'L.",�:.LT+ rm�yy''•� q� ':4.tM1 •.I:7,, Yt l^r�r.n yF:• r:.. "�; L^:' , �' Page 53 i� [•• EXHIBIT "A' fAatEL 1s The west halt of the oast half of the .. corthwoab quarter of the northeast quarter of Section 21, Township 22 North. Range S East, U.H.; _ Except the south SS fact thereof, and except road; 1.,. fir• # N - All situated to King county. washlhgton. �. Y.4:.• LD cu _1 • PARCEL 2: . N t-t The earth 125 fact of the west 86-feeb— of the cast half of the cast halt of the 6\ northwest quarter'of the northeast quarter . ' O of Section 21. Township 22 Borth, Range 5 East. W.H.: Except road; :.,..,. All situated is King county, Washington. to • �' L. .w'' fY•rt ^'�l{}C. , 'S'� T: o a .. - .�. •. •• ;�:S,.a"vY;�`.�.,:;C- :f.;:_ ... •:i±:�i=�•+ir . ; .�t.. 't�" 9: t' M; .`«.•' .;-::*ct.• •�s`:.--".,:i'_ '-.r.•;z ... r.•:'.�.a'61! «i.• .�:?ls�' Page 54 EXHIBIT '11" P 2*s Me Cap,IJW I OF vi--�•�, �� ` co10 O F-J] O � � coWAtL�L L lArr- Ill r '� E ' zlaeonw v'. Lpr� j2od�2T G./N�t-L.e�t_. �; � L'+• . :^L �ns�•v� Y�. i.�':� ,.Y.y,,1.i.�t. .. '1.�t. .. '1:-�� � •. F[ �y,..." .a. Page 55 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 0 Fax: 253-856-6050 KENT WASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services DATE: September 25, 2014 SUBJECT: Director's Report - INFO ONLY MOTION: None SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will informthe committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None j I i KENT WASRINCTON Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher September 25, 2014 - 5:00 p.m. Item Description Action Speaker(s) Minutes Page Roll Call Changes to Agenda 1. Approve minutes dated July 24, 2014 YES Council 02 01 2. 2015 Washington State Arts YES Ronda Billerbeck 05 09 Commission Grant - Accept 3. "I" CANN Fitness Equipment Donation YES Hope Gibson 05 25 for West Fenwick Park - Accept 4. Well System Maintenance Easement - YES David Galazin 05 27 Authorize 5. Termination of Well Agreement - YES David Galazin 05 37 Authorize 6. Director's Report — INFO ONLY NO Jeff Watling 05 55 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101/ tpetroleCa)kentwa.gov 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 Page 1 Special Parks & Human Services Committee Meeting nNniowu"°monu�mdq P July 24, 2014 .pu,... K E N T WASHfNGTON Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins, and Brenda Fincher. Call to order: Committee Chair Debbie Ranniger called the meeting to order at 5:02 p.m. Changes to Agenda: Not applicable - special meeting. 1. Minutes dated June 26, 2014 - Aoorove Committee member Higgins MOVED to approve the minutes dated June 26, 2014. Committee member Fincher SECONDED. The motion PASSED 3-0. 2. 2014 Second Quarter Fee-in-lieu Funds - Accept Hope Gibson, Manager of Parks Planning and Development reported that between April and June 2014, the City of Kent received a total of $19,425.00 from the following developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. • Green Tree Park: $9,000.00 from Sound Build NW • Springwood Park: $10,425.00 from Forest Ridge Court II Jeff Watling pointed out that later on in the agenda there is an item on the Green Tree Park restoration project in the Panther Lake area. The $9,000 from Sound Build NW will go toward supporting that project. MOTION: Committee member Fincher moved to recommend City Council accept $19,425.00 for Fee-in-Lieu funds and amend the Park Lifecycle Program budget for future expenditures of funds in project budgets. Committee member Higgins SECONDED. The motion PASSED 3-0. 6. King County Directors Association Agreement for Playground Eguioment Purchase - Authorize Hope Gibson, Manager of Parks Planning and Development, displayed and identified Green Tree Park on an aerial photo. The park is located next to Emerald Ridge Elementary School and has the potential for a lot of afterschool activity. The play equipment is one of the oldest structures in the system. Staff applied for and Page 2 received a $60,000 grant from King County Youth Sports Facilities grant. Fee-in-lieu funds will also assist in funding this project. Parks Director Jeff Watling commented that Parks Planning and Development Manager Hope Gibson and Parks Planner Brian Levenhagen have solicited a lot of feedback from the neighborhood to come up with the park concept and the play equipment plan. Parks Planning Manager Gibson reported that the design was inspired by staff reaching out and getting input from 70 children in the neighborhood, as well as three adults for the play equipment selection. This city is purchasing the playground equipment through the King County Directors Association (KCDA) Purchasing Cooperative Agreement. MOTION: Committee member Higgins moved to recommend authorizing the Mayor to sign the King County Directors Association agreement for up to $85,000, including contingencies, to furnish playground equipment at Green Tree Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Fincher SECONDED. The motion PASSED 3-0. Committee member Higgins commented that he loves the project and that he used to frequent this park years ago with one of his children when he lived in the area. He is very excited to see this go in and it will be great for the neighborhood. 7. Kent Valley Loop Trails Master Plan Resolution - Adopt Parks Director Watling thanked Council for their leadership in this endeavor. This has been over a year in effort and work. Using virtual public meetings served as a great way of garnering a lot of great feedback. This plan takes all the visioning of the trails and connectivity to the river that spans 30 years. It takes all the visioning, and repackages it as a network of loop trails. What started as a vision for a one loop trail ended up being a system of five loops, varying in length that will attract both residents and non- residents. It's a great marketing tool that will attract residents. This plan takes care of what we have. Economic Development is just as supportive. Since the last Parks and Human Services Committee meeting, the plan has been through the SEPA process successfully. Jeff thanked Hope Gibson for her work on the plan. Staff is ready to adopt and send this plan into motion. Manager Gibson added that one of the city's favorite corporate partners REI is donating a $10,000 grant to assist with the signage. Director Watling stated that, as far as all the other ecological goals and priorities along the river with King County and the Army Corps of Engineers, this project is not meant to compete with the ecological goals but actually to meet that goal and add a social use. Jennifer Knauer and Loren Reinhold of King County have seen the plan and are in support of it. Watling commented that all of the complimentary Page 3 goals can be balanced. Committee member Dennis stated that it seems that it goes hand-in-hand. MOTION: Committee member Fincher MOVED to recommend Council adopts the Resolution adopting the Kent Valley Loop Trails Master Plan. Committee member Higgins SECONDED. The motion PASSED 3-0. Committee member Brenda Fincher said that the report was well written; had good style, and was easy to understand. She enjoyed the recommendations, especially the markers for signage and tracking. And for safety purposes, the plan assists users in knowing their location. And, it includes local attractions and marked places to meet up with people. She likes the areas where the road is part of the trail with the additional markings for the safety of bicyclists and vehicles. She thanked staff for all of their work on this. Parks Planning Manager Gibson thanked the hard work of the consultant who developed a readable plan that was user friendly. Committee Chair Ranniger felt it was a milestone and game changer for the area. She looks forward to the implementation and the signage being installed. Committee member Higgins feels that people will look at this as an asset in the years to come, comparable to Lake Meridian and Lake Fenwick, or other significant recreational opportunities. This project is making the trails a destination point and a known entity. Manager Gibson commented that it couldn't have happened without the vision of the council and Park's staff is very appreciative of that. S. Meeker Street Underpass - INFO ONLY Parks Director Jeff Watling reported that staff was asked to lead an interdepartmental team with Public Works and Economic Development to look at potential capital improvements to the Meeker Street underpass. The underpass is a key link into downtown, not only for vehicles, but now with the new residential apartments being constructed downtown, for pedestrians as well. Additionally, this is the pedestrian walkway to the only grocery store in downtown Kent. The current underpass is not welcoming, so the new plan makes this area a more positive civil statement. Parks Planning Manager Gibson presented a diagram of the location of the area noting that the team focused on features that would improve safety, cleanliness, functionality, and aesthetics of the area. The plan addresses the four corners of the underpass and the triangular island which Public Works refers to as a pork chop. A conceptual plan was developed by Parks Planning and Development Manager Hope Gibson and presented at the meeting. The various components of the conceptual design include; moving the fence farther up the slope to create a better Page 4 and safer pedestrian walkway, new lighting, power washing and painting the underpass and pillars, installing bird netting under the underpass to detour the birds from coming back, and new clean landscaping. The island signs would be removed at the intersection and new landscaping would be completed. Parks Director Watling added, from a funding standpoint, staff will have to come back to a committee meeting to request that resources be transferred from the Strategic Opportunity fund to support this project. The Department of Transportation has been contacted to coordinate the lighting, netting, etc. The Economic Development Department and the Mayor's office are in full support of this project. The Parks Department would assume the responsibility of maintaining the area. Future phases include an art component, which has been discussed with Cultural Division staff. Bike lanes are being considered through Public Works. Director Jeff Watling answered to Chair Ranniger's inquiry that yes, all five spaces will have an irrigation system installed. Committee member Higgins reported that, through the Bike Master Plan, Public Works was asked to do a traffic count along that stretch of road. This was done in order to make it potentially three lanes with a center turn lane, as well as bike lanes, long term. No decisions have been made, but they were asked to look at the traffic counts. He wants to know what he can do to speed up the process for this project. Committee member Fincher believes it will be a big improvement esthetically. Committee Chair Ranniger commented that the project is "art waiting to happen" on the pillars. Mel Roberts, 9421 So. 241st Street, Kent WA 98030, 253-854-0952. Mr. Roberts attended the meeting, noting that he hadn't heard about taking the island on the southbound lane on Lincoln Street that turns east and making it wider and incorporating landscaping. Mr. Roberts shared his opinion on specific directions he feels the bike lanes should travel and commented that he the island area should not be enlarged so that westbound bike traffic would be accommodated. Committee Chair Ranniger directed Jeff Watling to carry Mr. Robert's suggestion to the Public Works Department. 9. 2014 Second Quarter Reports - INFO ONLY Parks Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. Page 5 The quarterly contributions report shows over $24,000 in donations, cash, and in- kind materials for the third quarter of 2014. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of engaged partners, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and our services are resonating with our customers. Committee Chair Ranniger referred to the section under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that thus section refers to the 2013/2014 funding cycle and he will notify staff to adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. Parks Director Watling responded to council's direction to discuss marketing the Riverbend property with the Economic and Development Department. The first phase was looking at the size and scale of the property. It was decided to hire a broker. As a result, Commercial Real Estate broker, Jones, Lang, LaSalle will begin the marketing efforts sometime in September. As requested, the marketing plan will be framed with the high expectation of quality in the development of the property, as well as the future of the property. The next phase is working on the entitlements of the property. The plan will be looked at and discussed for potential zoning options at the Public Hearing at the Land Use and Planning Board on Monday, July 28, when the committee will look at the potential uses of the property. Economic Development (ECD) Director Ben Wolters, Director of Economic and Community Development attended the Parks and Human Services Committee meeting. He reiterated that staff is attending the Land Use and Planning Board Meeting on Monday to look for recommendations for action on zoning options. If recommended, the committee will move the item forward to the next Economic and Community Development Committee meeting. Recommendation would then go on to the next City Council meeting. The re-zoning of the property is what Council directed staff to do to ensure a quality development and a mixed-use development. Staff is seeking to capture those elements of quality, not only through zoning, but through any potential development agreement that will be part of the purchase and sales agreement. This will ensure the development plan for the property is what the city wants the property to become. And, the broker is very aware of this expectation. The property will not be sold just for the proceeds. The city's consistent message is that it will be a quality development. Committee member Higgins clarified that he was actually speaking to marketing at the golf course, but appreciated the update on the Par 3 property. Parks Director Watling responded that Riverbend staff will continue to pursue creative ways to market the golf course as they do utilizing social media. Staff is continually in Page 6 pursuit of creating new promotions such as text blasts. Text blasts let golfers know of special deals for T-times when there are openings in the schedule. ECD Director Ben Wolters also wanted to speak to the Meeker Street Underpass Project. He wanted to highlight that, from an economic development perspective, he and Economic Development Manager Kurt Hansen both feel this project is going to assist them in marketing the Platform and other potential developments in the downtown area. The primary grocery store downtown is via the Meeker Street underpass, not only by car, but by walking and biking. The plan has already been discussed with the Economic and Development Committee and some elements of the plan may be in the Mayor's budget. Ben stressed the importance of this project, in part due to the emerging growth in downtown, including the potential for development at the golf course property. He feels it is a vital connection between the two areas downtown. These civic investments and civic statements are increasingly important to our economic and development efforts. 9. 2014 Second Quarter Reports - INFO ONLY Parks Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. The quarterly contributions report shows over $24,000 in donations, cash and in- kind materials for the third quarter. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of partners we have, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and resonating with our customers. Committee Chair Ranniger referred to the section of the second quarter report in Performance Outcomes under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that staff will adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. 10. Director's Report Parks and Recreation Commission Update Outreach for potential candidates for the Parks and Recreation Commission has begun. Numerous applications have been received by interested citizens. Staff will Page 7 continue their efforts to reach partners through user groups, residents, and agencies to get the word out about this opportunity. Applications will be open until August 31, 2014. Anyone interested can apply online at www.KentWA.gov. There is also a link on the front page of the city's website that has a link to the application. Committee Chair Debbie Ranniger adjourned the meeting at 5:32 p.m. Respectfully submitted, z ;�� Teri Petrole Parks and Human Services Council Committee Recorder Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 t" Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager DATE: September 18, 2014 SUBJECT: 2015 Washington State Arts Commission Project Support Grant - Accept MOTION: Move to recommend accepting the $3,000.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission budget. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2015. Kent Arts Commission will use the funding to support the presentation of a performance and educational outreach activity by Hawaiian slack key guitarist John Keawe, as part of Spotlight Series. EXHIBITS: Washington State Arts Commission Contract BUDGET IMPACT: Revenue and expense within the Kent Arts Commission budget Page 10 Page 11 WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Mid-sized Arts Organizations FY15 Contract No.2015095 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter refereed to as the COMMISSION,and Name: Citv of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washington 98032 Mailing 220 4th Ayeppe South Address: Rent,Washingtop 98032 Phone No: 253-856-5050 Web Site: httpsflwwry;kentttrts_enm Washington State UBI: N/A Federal Employee ID: 41-6001254 DUNS: 20253613 Social Security Number: N/A hereinafter referred to as the CONTRACTOR. TIC PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or '.... program which is related to the conservation and development of artistic resources of the State of Washington.RCW 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30, B. DESCRIPTION OF THE ACTIVPTY.PROJECT OR PROGRAM CONTRACTOR shall use funds provided under this Contract No.2015095 solely for the grant proposal funded through the Project Support for Mid-sized Arts Organizations for FY15 as described in Attachment A: Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract:THREE THOUSAND AND 00/100 Dollars($ 3,000.00) 1. The Commission provides State Funds in the amount of ZERO AND 001100 Dollars IS 0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of THREE THOUSAND AND 00/100 Dollars ($ 3,000.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 14-6100-2043 Grant Conner No.2015095 Page 2 of 13 Page 12 3. CONTRACTOR agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2014 to June 30,2015. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMMISSION'immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Re resentative: COMMISSION's Contract Representative Name j ondq BilleTN4 Name Christel Ratliff and Title: Coltur8l,Programs.Mangger and Title: Program Coordinator! Org. City,of Kent Arts Commission Org: Washington State Arts Commission— Name: Name: Grants to Organizations 2204th Avepue_South Address: PO Box 42675 Address: Kent,Washingto3}, 98032 Olympia,WA 98504-2675 Phone: 253;856;5050 Phone: 360-586-0026 E-Mail; rbillerbec kentwa. ov E-Mail: christel.ratliff arts.wa. ov F. LIMITATION OF AUTHORITY The COM ISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMSSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any MI clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing.See General Terms and Conditions for Contract Amendment or Modification procedures. '..... G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of,Vork and Reporting Requirements - '......... Attachment B: Payment Schedule - Attachment C: General Terms and Conditions Attachment D: Invoice Voucher '... Attachment E: National Endowment for the Arts General Terms and Conditions for Federal Funding Grant Contract No.2015095 Page 3 of 13 Page 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use ofvehieles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000J$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT The CONTRACTOR shall provide a Final Report to the COMMSSION within 30 days following the Contract Period ending date.All Final Report materials must be submitted through the COMNI SSION's Grants Online System at http://wsac,culturogrants.org. THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. ''.... City o Kent Arts Cam ssiou WASHINGTON STATE ARTS COMMISSION gnatu e o pa authorized,resign fo CONTRACTOR) Karen Hanan,Executive Director r Date:— (prtn e name of signatory) (printed ttiittle�of�signatolry) Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11,2013 on file in fiscal office) Grant Contract No.2015095 Page 4 of 13 Page 14 GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTOR:City of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present a public performance by Hawaiian slack-key guitarist,singer,songwriter John Keawe as part of the 2014-2015 Spotlight Series.The concert will bring indigenous Hawaiian art forms—music, dance,stories—to Kent-Meridian Performing Arts Center,Oct. 11,2014. The performers will also present an educational lecture/demonstration at Kent-Meridian High School. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION,any public announcement,press release,or other direct mail or electronic mail announcement of the events)funded under this contract.The CONTRACTOR will mail such public announcements to: Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30-days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to organizations,by August 1,2015.Final Report Materials must be submitted through the COMMISSION's Grants Online System. http://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2015 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant Rinds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report. If you are not sure who these elected officials are,or need their contact information,go to hgp•ltapro lee wa govJdistrictfinder. Logo Credit: MTSWA ARTWORKS. arn.go WASHINGTON STATE ARTS COMMISSION Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo may be downloaded from the website: www.arts.wa.gov. If your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at www.arts.gov. Grant Contract No,2015095 Page 5 of 13 Attachment A i I Page 15 GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: I. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D '.......... of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; '..... 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.eov/grantsl rg ants- '.......... resources. '..... 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice;which shall include documentation of authorized expenses. 6. The schedule for payment is as follows:.._ Month/Year Amount '..... 8/1/2014 $ 3,000.00 or upon project completion '....... TOTAL AWARD $ 3,000.00 Grant Contract No.2015095 Page 6 of 13 Attachment B Page 16 GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Mid-sized Arts OrganizationsFY15 Contract No.2015095 CONTRACTOR:Citv of Dent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.............................................................................2 B. GENERAL CONTRACT TERMS Amendments or Modifications....................................................................................2 Conformancewith Law................................................................................................2 ',.. Orderof Precedence.,.......-.........................................................................................2 Severability..................................................-.............................................................2 Waiverof Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees...................... .........-................ .........2 Indemnification..............................................—...........................................................3 IndependentCapacity of Contractor...........-...............................................................3 ''.,.. Nonassignability..........................................................................................................3 Publicity/Acknowledgements............-........................................................................3 Reproduction................................................-.............................................................3 I Services within Washington ......... ........ ..........3 D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliancewith Applicable Law............—.................-..............................................3 Conflictof Interest.......................................................................................................4 HazardousSubstances.................................................................................................4 NondiscriminationLaws..............................................................................................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports................ ...-.....................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection.....................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET AdvancePayments Prohibited.....................................................................................5 Fundsnot Supplanting.............................-..................................................................5 Taxes........................................................................................................................... Traveland Per Diem....................................................................................................5 P TERMINATION AND DISPUTES Disputes.......-..............................................................................................................5 GoverningLaw and Venue................................................<.........................................5 Savings .......—.............................................................................................................5 Termination for Convenience..........-................................................. ...__................ onvenience......................................................................................6 Termination or Suspension for Cause.............. ................. ......-.................. .........._6 Q. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application................................................._............-.................. ...............................6 Publicity/Acknowledgements .....................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2015095 Page 7 of 13 Attachment C Page 17 A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf "CONTRACTOR"shall mean that firm,provider,organization,individual or other entity that has been awarded 'a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. "NEA"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms '........ "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. - '...... B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington;it — is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an '.. inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 1 Special Terns and Conditions of this Contract,including a. Scope of Work and Reporting Requirements '.. b. Modifications to the General Terms and Conditions 3. General Terms and Conditions '... 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSIBILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2015095 Page 8 of 13 Attachment C Page 18 INDEMNIFICATION—To the fullest extent permitted by law,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State '.. from and against any liability,damages,claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents,employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. '....... INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the '...... COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which '.... would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations tinder this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. '......... PUBLICITY/ACKNOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from.this Contract,as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. '....... D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTION AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local '.. government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, '... the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due '... notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this '... Contract.. '.. Grant Contract No.2015095 Page 9 of 13 Attachment C Page 19 In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CON MISSTON provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMSSION and any and all of its employees and/or agents,from and against any,and all liability,cost(including but not limited to all costs of defense and attorneys' fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. '.. NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMSSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURElCONFIDENTIALITY—CONTRACTOR acknowledges that the COMMISSION is subject to Chapter 42.17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified. RECORDS DOCUMENTS AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract.The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMSSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records,documents,and other materials relevant to this Contract for six years after termination or expiration of the Contract,and make them available for inspection by persons authorized under this provision. If any litigation,claim or audit is started before the expiration of the six(6) year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 98504-7450, http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the CON MSSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2015095 Page 10 of 13 Attachment C Page 20 E. FUNDING RE tMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. '.. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other.according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. '....... The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMNIISSION,and a third person chosen by - -- - - the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cast associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal.Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMNIISSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be '',...... liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the '.......... COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2015095 Page 11 of 13 Attachment C Page 21 If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within.thirty(30)days of the demand. If the COMMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMSSION shall be deemed exclusive. 'The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLICITYIACKNOWLEDGEMENTS—The PUBLICITYIACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: ',... "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts:' Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, '.......... Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2015095 Page 12 of 13 Attachment C Page 22 GRANT CONTRACT-ATTACHMENT"D" Invoice Voucher FORM r STATE OF WASHINGTON ACENcvuSEONLY AFRS AGENCY NO. LOCATION CODE P.R.ORANTH.ND. A19-1A a^e M aura IREv n96) INVOICE VOUCHER 387 001 AGENCY NAME AND LOCATION INSTRUCTION To VENDOR OR CLAIMANT, Submit this form to claim paymentfor materials, merchandise orservices. Show complete detail for each Item. WASHINGTON STATE ARTS COMMISSION Vendor's Croperatc. herebyceRlry ender penalty of perjury matmlitems and totals listed herein a are proper charges for materials,merchandise ce srMcer famished e the State of PO BOX 42675 WasMngton,and that all goods erK,mortal landlor status, services rendered col have been provided without tlisa'imination because of age,sex marital status,race,creed,colOq nagonal origin,handicap, OLYMPIA WA 98504-2675 religion,or Vettam era or disabled veterans status. VENDOR OR CLAIMANT(Warrant is to be payable to) BY: ®� City of Kent Arts Commission ( IGN IN SLUE INK) 220 4th Avenue South '(fit-.c-ctZ�Ll(- a ( t e e Kent,Washington 98032 (DATE) (TITLE) GATE RECENED: FEDERAL LD.NO.Oft3OCIAL3ECURITY NO.IFor RepoHing Personal Eervlro ContrnMPaymentvmlRS}: RECEIVED BY: ',,.. 91-6001254 UNIT AMOUNT FOR AGENCY DATE DESCRIPTION =QUANTITY UNIT PRICE USE '.. For-Grants to Organizations FY 15 ( ,•........ .......... ...........a.... .... ...............: ..• ..... . .......• ... .._.. ..... .. (. . Project Support—LevelB—Mid-sized I ? € Arts OrSanizations. .._..._...._...._................................f.....................................E..•......................•...................................................................................... .......... ............. PerAttachment"A°Scope of Work ...................................__.......................................'.............................•....... ..........................................................[...............•.•................_...•............, ............f.. .. ........... ..... Contract#: 2015095 1................._._...... .1.................................................••.............€................................_.............. ..................,•,,,..................:...•.•......... ��..........................���.................................................................i.....................•....g.......................................'......•.............................•...................3...................._.......................e..... ..............................'....••...........................................................n 012 State Funds ° $0.00 ..........................:...............................•.....................................................,.............................•...,...... 1................................._t.........................;.......................................„...........................................................b.................................................. 020 Federal Funds 9 E $3,000.00 ..........................................._................... .......... ............... ,................................_..._......................_............•......... Total: , 3 000.00 ! '........................i,.................•...................L..,..............,.....,.... DATE: ',.. PREPARED BY: TELEPHONE NUMB ER: DATE: AGENCY APPROVAL: DOC.DATE PMT DUE CURRENT OOC.NO.: REF.DOC.NO.: VENDOR NUMBER: USETAX VENDOR61ESSAGE: 59I NUMBER: DATE REF M MASTER INDEX SUB t+orrea., cawry cmrtrntx DOC TRANS O FUND APPN PROGRAM SUB SUB ORG Budd PROJECT SUM PROJ AMOUNT INVOICE NUMBER SUP CODE O INDEX INDEX OBJ .OBJ INDEX ALLOC ubt MOM PROD PHAS 001 012 00103 NZ 5MAO 00 00 $0.00 MA02015095 001 020 00103 NZ 15 6MAO 00 00 $3,000.00 MA02015095 WARRANT NUMBER: ACCOUNTING APPROVAL FOR PAYMENT: DATE: WARRANT TOTAL: Page 23 III Washington State Arts Commission CONTRACT—ATTACHMENT S National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-67 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color ornational origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of hislher disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http-//www.arts.gov/resources/Accessibilityl. H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title II), and places of public accommodation and commercial facilities (Title I11). 1. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s) to ArtsWA. J. Federal Debt Status (OMB CircularA-129)—you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a Page 24 Page 25 ',.. AdL PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Aev Fax: 253-856-6050 WA5HINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development DATE: September 25, 2014 SUBJECT: "I" CANN Fitness Equipment Donation - Accept MOTION: Move to recommend Council accept the fitness equipment donation from King County "I" CANN for West Fenwick Park, valued at $14,000.00. SUMMARY: The City of Kent has been given $14,000.00 worth of outdoor fitness equipment by the South King County Community Activity Nutrition Network initiative ("I" CANN). This equipment will be installed by staff to replace aging equipment along an existing fitness trail in West Fenwick Park. EXHIBITS: None BUDGET IMPACT: Impact to the city's asset list Page 26 Page 27 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Well System Maintenance Easement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Well System Maintenance Easement between the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Cris LeCompte and Maureen Korsmo-LeCompte (collectively, "LeComptes") own a parcel of land adjacent to property in the Clark Lake Park area that the City recently purchased. The LeComptes' parcel is serviced by a domestic water supply well that is located on the City's property, but the City has no use for the well. This Easement grants the LeComptes the right to enter the City's property to use, access, inspect, monitor, construct, reconstruct, restore, maintain and repair the domestic water supply well. EXHIBIT: Well System Maintenance Easement BUDGET IMPACT: None Page 28 Page 29 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW114, NE1t4 STR 21-22N-5E King Co., WA ADDITIONAL LEGAL DESCRIPTION: See Exhibit A. page 6 ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043: 212205-9003 Project: CLARK LAKE PARK ACQUISITION WELL SYSTEM MAINTENANCE EASEMENT i WITNESSETH that the CITY OF KENT, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby grants and conveys to Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (collectively, "Grantee"), an appurtenant, nonexclusive Well System maintenance easement through, across, upon and within the following described real property situated in King County, Washington, more particularly described in Exhibit "A" and as depicted in Exhibit "B" ("Easement Area"), both attached and made a part hereto. 1. Purpose and Access. Grantee shall have the right to use the Easement Area only for the purpose of using, accessing, inspecting, monitoring, constructing, reconstructing, restoring, maintaining and repairing a domestic water supply well, including water distribution lines, necessary pump equipment, and appurtenant electric power distribution lines ("Well System"), including, but not limited to the right to remove vegetation, structures, or obstacles as may be necessary within the Easement Area. Grantee's rights specifically include reasonable rights of ingress LeCompte and City Well Maintenance Easement Page 1 of 7 Page 30 and egress directly from SE 240th Street across Parcel No. 212205-9043. Grantee's use of the Well System shall be limited to only that water supply reasonably necessary for one domestic single-family residence. If any damage is caused by Grantee's use of the Easement Area, Grantee shall promptly restore the property to equal or better condition. 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. 3. Future Relocation. Should Grantor, at its sole discretion, require the relocation of the Easement Area for any public purpose, Grantor may relocate the Easement Area and the Well System and related appurtenances, at Grantor's sole cost and expense, provided that Grantor shall give written notice to Grantee ninety (90) days in advance of said relocation. Grantor covenants with Grantee that any new Easement Area shall be in the vicinity of the original Easement Area. Upon notice of relocation, if Grantee does not wish to use the new Easement Area, Grantee may choose to terminate this easement, and the provisions for termination and restoration in Section 5 hereafter shall apply. 4. .Responsibility and Indemnification. Grantee shall at all times observe and perform all laws, ordinances, rules and regulations now or hereafter imposed by any governmental authority which are applicable_to Grantee's use of the Easement Area, and shall not at any time make or suffer any strip or waste or unlawful, improper or offensive use of the Easement Area. Grantee shall indemnify and defend Grantor and hold Grantor harmless against all claims, loss, damages, liability and expense (including reasonable attorneys' fees) incurred or suffered by Grantor and all actions or proceedings by whomsoever brought or made against Grantor with respect to (i) any acts or omissions of the Grantee or anyone claiming by, through or under Grantee, or (ii) any breach of Grantee's covenants or obligations under this Grant; provided, however, that nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the sole negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. 5. Termination. Subject to the provisions of Section 6 below, the rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for the uses herein permitted for a period of one year, in which event this easement shall terminate by these terms along with all of Grantee's rights hereunder. Upon termination, all portions of the Well System within the Easement Area shall become the sole property of Grantor, and Grantee shall have no further rights to use or benefit from the Well System; provided, however, that upon termination Grantee shall restore any portion of the Easement Area damaged by Grantee's activities under this easement to its original condition, to Grantor's reasonable satisfaction. LeCompte and City Well Maintenance Easement Page 2 of 7 Mfile¢\i)065hYih-PertelmP -QahU \Wel Maln@Yazce Eaaement0901t6.tlac Page 31 6. Availability of Public Water Supply. At such time as a public water supply is available to the Grantee's property immediately adjacent to the property line (and along the south side of S.E. 240`" street, King County, Washington), the Grantee's property shall be required to connect to such public system and water from this Well System shall no longer be provided and this easement shall be terminated, subject only to Grantee's responsibilities pursuant to Section 5 above. 7. Repair and Maintenance, Grantee shall be solely responsible for the cost of repair and maintenance of the Well System and all waterlines and electric power distribution lines within the Easement Area. Grantee shall keep and maintain the Well System and related appurtenances in good repair and condition, and shall be responsible for causing such repairs and maintenance to said portions of the system as Grantor reasonably deems necessary. S. Protection of the Well System. Grantee, at its sole discretion, shall have the right pursuant to this easement to protect the Well System, including the well head, from tampering and vandalism. Notwithstanding Grantee's rights with regards to protecting the Well System, the Grantor shall have reasonable access to the Well Head if necessary. 9. Successors and Assigns. During the term of this easement, it shall be a covenant running with the land, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon the parties, their heirs, successors and assigns. GRANTOR: CITY OF KENT BY: Print Name: Suzette Cooke ITS: Mayor Date: ACCEPTED BY GRANTEE: Cris LeCompte Maureen Korsmo-LeCompte By: By: Print Name: Cris LeCompte Print Name:Maureen Korsmo-LeCompte Date: Date: (Notary Acknowledgements Appear on Following Pages) LeCompte and City Well Maintenance Easement Page 3 of 7 R�,�Nll�-P.-1111.11h��k.\IdlW�,—.,.Ea-111os,..do Page 32 STATE OF WASHINGTON ) } ss. COUNTY OF KING } I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement Page 4 of 7 Page 33 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- L..... IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement '... Page 5 of 7 MiRFlies\OOen Flle9\I70C59hrk PCke Ckk Clark Lakr\fill Malntenanm ESement 09033a,tloc Page 34 EXHIBIT A EASEMENT WELL WATER SERVICE LINE APN #2122059043, 212:2059003 THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT NUMBER 674032, RECORDED UNDER RECORDING NUMBER 7708030801; RECORDS OF KING COUNTY, WASHINGTONI, IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; TH-ENCE N00057'08"E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 105,27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `vA", SAID .POINT BEING THE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE N87026'53"E 14,48 FEET; THENCE N6002643"E 19.52 FEET; THENCE N15057'38"E 12102 FEET; THENCE N01026'15"E 37.33 FEET TO-A-POINT THAT-LIES-195;00 FEET SOUTH, WHEN MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID SECTION, AND THE NORTH TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; AND BEGINNING AT AFORESAID POINT-A"; THENCE S8712653"W 37.87 FEET TO THE WEST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS REQUIRED TO EXTEND AT ANGLE AND END POINTS. CONTAINING 1,212 SQUARE FEET, MORE OR LESS. i a rs � i Page 35 I SEC16 _ NE SEC 21 SE 240TH ST ------- ----- -------- I i o 4 m PARCEL# I 212205-9666 I I I I I I PARCEL# PARCEL# 212205-9003 212205-9043 r �5a � I 5 L3 LA Ling Table L1 Llne# Lengrfi Olrecklon I I I L2 POINT OF BEGINNING POINVA" L2 lags` N$7^A3°E, W L3 16.52' N60g26'43^E; 00 N LA 12.02' N15 673$o' o L5 - 37;33' N1 2616°E IMPORTANT: 5 SWCORNER THIS IS NOTA SURVEY,ITIS LOT 1 FURNISHED AS A CONVENIENCE SP#674032 TO LOCATE THE LAND INDICAYE HEREON WITH REFERENCETO STREETS AND OTHER LAND,NO LIABILITY IS ASSUMED BY Projecig Parks-Clark LK REASON OF RELIANCE HEREON, CLARK LAKE WATER LINE LOCATED IN.THE EAST HALF OF THt EASEMENT NW 114 OF THE NE 114 OF SEC 21, CCETSIT DRAWN BY: JAF TOWNSHIP 22 N.RANGE 6 E,W.M. w""N11O1O" EXHIBIT 1 CITY OF KENT SCALE: 1°=50' B LAND SURVEY SECTION DgTE: 818/2$1a ! Page 36 Page 37 LAW DEPARTMENT Tom Brubaker, City Attorney ® Phone: 253KEN -856-5770 T Fax: 253-856-6770 WA HIN OTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Termination of Well Agreement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Termination of Well Agreement encumbering properties currently owned by the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte. SUMMARY: Dorothy J. Loyer, Robert Miller and Marjorie Miller entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), encumbering two parcels of real property. This Well Agreement was subsequently amended on February 28, 1989, by an Addendum recorded as Document No. 8902281152. The City is the successor in interest to Dorothy J. Loyer, and the current owner of one of the properties subject to the Well Agreement. Cris LeCompte and Maureen Korsmo- LeCompte are the successors in interest to Robert and Marjorie Miller, and the current owner of the other property subject to the Well Agreement. The City has determined that the Well Agreement is no longer necessary, and Cris LeCompte and Maureen Korsmo-LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County. EXHIBIT: Termination of Well Agreement BUDGET IMPACT: None Page 38 Page 39 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 TERMINATION OF WELL AGREEMENT GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW1/4 NE1/4 STR 21-22N-5E King Co., WA ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043; 212205-9066 REFERENCE NUMBERS OF RELATED DOCUMENTS: 8901030642 8902281152 Project: CLARK LAKE PARK ACQUISITION Termination of Well Agreement Between LeCompte and City of Kent Page 1 of 5 Page 40 TERMINATION OF WELL AGREEMENT This TERMINATION OF WELL AGREEMENT ("Termination") is executed this day of , 2014, by the City of Kent, a Washington municipal corporation ("City") and Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (Collectively, "LeCompte"). Recitals A. Dorothy J. Loyer ("Loyer"), and Robert L. Miller and Marjorie D. Miller, husband and wife (collectively, "Miller") entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), attached hereto as Exhibit 1, encumbering two parcels of real property legally described on Exhibit "A" of the Well Agreement. B. This Well Agreement was further amended by that Well Agreement Addendum recorded on February 28, 1989, as Document No. 8902281152, attached hereto as Exhibit 2. C. The City is the successor in interest to Loyer, and the current owner of the property identified as Parcel i on Exhibit "A"of the Well Agreement. D. LeCompte is the successor in interest to Miller, and the current owner of the property identified as Parcel 2 on Exhibit "A" of the Well Agreement. E. LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County, Termination NOW THEREFORE, in consideration of the covenants contained herein, and for other goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 1. Termination. LeCompte and the City hereby execute this Termination in order to terminate and remove the Prior Recorded Document from the real property records of King County, Washington, 2. Effective Date of Termination. This Termination shall become final and effective on the date recorded. At the time of recording of this Termination, all conditions, requirements, responsibilities, and/or liabilities established by the Well Agreement, as amended, shall cease and their terms shall become null, void, and unenforceable. Termination of Well Agreement Between LeCompte and City of Kent Page 2 of 5 Page 41 3. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall be in King County Superior Court. 4. Recitals: Counterparts. All recitals and exhibits are incorporated herein by reference and shall be considered material parts of this document. This Termination may be executed in counterparts, each of which shall constitute one original and all of which together shall constitute one and the same document. IN WITNESS WHEREOF, LeCompte and the City have caused this Termination to be executed. CITY OF KENT By: Its: Mayor Date: CRIS LECOMPTE Cris LeCompte Date: MAUREEN KORSMO-LECOMPTE Maureen Korsmo-LeCompte Date: Termination of Well Agreement Between LeCompte and City of Kent Page 3 of 5 Page 42 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i Termination of Well Agreement Between LeCompte and City of Kent . Page 4 of 5 Page 43 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P.\<IVIMe-\Open Flles\t]00-SXulle-Porte4a PSAtlari[lake\?emiieatian aF Wnll/a9reameift.tloa Termination of Well Agreement Between LeCompte and City of Kent Page 5 of 5 L..... Page 44 I EXHIBIT 1 4 AFTER RECORDING RETURN TO: Johri E. Nelson, Attorney 601 West Gowe Kent, WA 98032 gc.n2+p3 ia09.42 g REED Q,OD ' r9Suci ****9.00 9g WELL AGREEMENT ' Agreame:t entered into between. Dorothy J. Layer, a widow, and Robert L. Miller. and Marjorie D. Miller, husband and wife, the day and year .last below written. RECITALS A. Dorothy J. Layer, hereinafter referred to as =` "Layer", is owner of that real property particularly N described on the attached Exhibit "A", incorporated by. . • herein by this reference, as Parcel 2, and hereinafer referred to as the "Layer property". rn B. Robert L. Miller and Marjorie D. Miller, Q hereinafter referred to as "Miller", are owners ,of that p real property particularly described on the attached C1% Exhibit "A" as Parcel 2, and hereinafter referred to as co the "Miller property". WED c C. Each property now has one single family my $ residence constructed on it. 'Y C nm D. The parties are desirous of entereing into am*.•r' ^� b agreement for the operation, maintenance and repair of a private domestic water supply system from the water well on the Layer property. E. The terms"system", "well system" and "waterer w ` system" shall mean the water well , pump, tank, water pump equipment, regulators, pumphouse and waterlines from said water well to the exterior of the residences Z designated in Paragraph C above, all of which are located on the Layer property and the Miller property t and which are located approximately as shown .in Exhibit "B", c attached hereto and incorporates herein by this reference. NOW, THEREFORE, in consideration of the mutal covenants and conditions contained herein, the parties iagree as follows: 1. All parts of the well system and all waterlines shall be kept in ,good repair and condition and maintained by the party designated herein and at that party's expense, unless otherwise specified. Each party shall be responsible for the goad repair and condition of its own water system in each residence from its point of entry into• such residence. Miller shall be responsible for repair and maintenance of all waterlines on the Miller property. Layer shall be responsible for repair and -Page One- P 1 . ., tC':4.ski.. we ?.... .Qt w.. )'s`•'+"• ;-!f.•, r, vp Page 45 t L maintenance of all watelines on the Loyer property 2. The parties shall be jointly responsible for the cost of repair and maintenance of the well system and common waterlines on the Loyer property and the waterline from the common waterline to boundary b?cween the Loyer ,property and the Miller property. Loyer shall be responsible for causing such repairs and maintenance and repairs to said portions of the system as Loyer deems necessary. Upon completion of any repairs and/or maintenance, and payment therefor, Loyer shall send notice to Miller of the cost thereof. Miller shall, pay to toyer within ten(10) days of receipt of notice of ^=` such charges one-half of the amount expended. a Notice mailed to Miller by Loyerby U.S. mail , first class postage prepaid, at the Miller property shall be deemed to have been received three(3) days + ' after the date of mailing. t;.S Loyer shall not be responsible for damages of any kind as a result of failure to maintain _ andlor 'repair as provided in this Paragraph 2. i M 3. The use of the well system shallbe limited !: 2to the supply for one domestic single family residence ' for each party on each of the respective properties. O In other words, the Loyer property and the Miller c property shall be entitled to,a domestic water supply for no more than one single family residence each. 4. At such time as a public water supply is { available to the Miller property immediately adjacent t to the property line (and along the south side of { S.E. 240th Street, King County, Washington) , the 'Miil.er ! property shall be required to connect to such public system and water from this well system shall no longer be provided and this agreement shall be terminated. Any easement and/or covenant for .the protection of the well system and/or the well location which is theretofore in effect shall remain in full force and effect and shall not affected by this paragraph or such termination. 5. Miller shall pay to Loyer the sum of Five and no/100 Dollars($5.00) per month, payable quarterly beginning the first day of January 1989, and continuing on the first day of each quarter thereafter so long as this agreement is in effect. This agreement shall remain in effect 'until terminated under Paragraph 4, above. Upon termination of this agreement Loyer shall be owner of all portions of the system lying in, on or under the Loyer property, and Millar shall be owner of all portions ! of the system lying in..-on or under the.Mftler property. 6. In addition to tf* pfigvist&ns for payment under 6 Paragraphs 2 and S. above, Miller shalt be responsible -Page Two- .. .... Page 46 for reasonable use of the system and for maintaining its portion of the system and all plumbing. outlets and provisions for transporting and use of the water thereafter in good 'repair so as not to cause unreasonable wear and tear or damage to the system or cause excessive use of electrical power for operation thereof. In the event of failure to do so, Miller will be responsible for immediate reimbursement to Layer of the cost of all repairs to the system including toe well , pump, waterlines and equipment which might be occasioned thereby, and for excessive use of electrical power for operation of the system. 7. During the term of this agreement it shall be a covenant running with the lands, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon, the parties, their heirs, successors and assigns, except as provided in Paragraph 8, below. B.. In the event the Layer property should at anytime be subdivided, platted or otherwise be divided into �p two or more parcels, the rights and obligations O created hereby shalt be a covenant running only with that parcel of real property upon which the well is _ located. IN WITNESS WHEREOF the undersigned have set their 00 hands the days and year below wri ten. Dated: t6'-Z -3$ tip11-1 � ' Dorothy 7 L ye Robert E' s.1 s� goat o` Marl rie D. Mille g'o So% Washington) ew, . . to ss € rs mtya of King} A P g ? °fthis day personalty appeared before me Dorothy J. Layer. ti :°pF '•,.�p•mmrpowfl to be the individual described in and who executed 1 Orbw ithin and foregoing instrument, and acknowledged that she 111'"_signed the same as her free and voluntary act and deed, for the uses u poses therein mentioned. Dated:_u1v�,e4ea Z%,M& My Commission expires: 9-6-10 Public in an oche State of Washington, residing at reOT 1" a �• grtashington) ss Y+ . om 'Qf is da King) rit�§ y personally appeared before me Robert L. Miller $v. t 5� ? aCie D. Miller, to me known to be the individuals 6 zin and who executed the within and foregoing instrument, `• 'i •slid"�a ledged that they signed the same as their free and . y a�> tyry act and deed, for the uses and purposes therin mentioned. > sa.ta.aa My Commission expires: t-K-90 is Public in and for the State of Washington, residing atiJ �. 1��S 6 n. � r.vtJ%:4Tr. '.S• �,.P'�a— .'if�w`eL�' ,..e. Page 47 i v ! EXHIBIT "A" f PARCEL 1: The west half of the east half of the northwest quarter of the northeast quarter of Section 21, Township 22 North, Range 5 East, W.M.; Except the south 55 feet thereof, and except road; All situated in King County, Washington. t. PARCEL 2: The north 195 feet of the west 86 feet O of the east half of the east half of the q M northwest quarter of the northeast quarter O of Section 21, Township 22 North, Range 5 East, O H.M. ; Except road; o0p All situated in King County, Washington. f( I ... ....Page 48 EXHIBIT *V ME 679, tZ� �t Or > ��G24, T�tV j oeird W'M e5. d2,507H d.: � �lc2 /�Itt�Jz o i ! I/!C ". :. JGt�A�s�Y 4. 1jW144 �rif-Y--w54+�,�:1?:^fa$'/P'i:.k:t:: •:e,,i-:%.` _ ��:v`�"a:�ii'• . :>i...^. >) tL... Page 49 EXHIBIT 2 RAtroata J. TAYILHt a FIRST AMERICAN TITLE 89<O2,em 01152 D 12639 S.E. 2406 Street FOURTH a B ANCHARD B= Rent, b�shington 98031 SFArrLF-wA 99121 RECD F 1A. CRSiiSL 10.00 ' 55 NELL At II'AEGRAM " .S . RAfMALL J. Mulct AM ==W E. TAYIM , agree to assm ALL liability for RDA L. MXMER AND MRJORIE D. MILLER as stated in the Well agreement f dated Decer-ter 28, 1988 bebmen, DCfk M J. LAPEL AND ROBERT L. MILLER AtvZt MAlUallE D. M]LUM, recorded on Janwary 3, 1989 Wunder Auditor's file ND. .. 8901030642. This agreamnt is binding end obligatory upon, the parties, = their heirs, suers and assigns. '.i. . LIiI�1L � N Tha North 195 feet of the West 86 feet of the Fast half of the East half of the to Northwest quarter of the Northeast quarter of Section' 21, Township 22 North, Range i 5 East, W.M., in Fang County, Washington; co N EaMr the North 30 feet thereof. Situate in the County of Ring, State of. Washington. s;= U• , co Doro E. for lS pu ttl I ' STATE OF WASH@ UON, r+ County of I hereby outify that I{mow or have satisfaetory evidence that Randall J. Taylor and Dorothy E. Taylor AgmAtbisb*ttumentmAadmowledgedittobe their free end voluntary actfor the uses and purposes mentioned '.... in this instrument Dated: February 28, 1984 �/ t Shelley Fiorito I .. Notary Public in andfor "of Washington, residing at Renton - Rr ._ MY appointment expires 06/27/90 Page 50 ;A►TER AECORDIRG RETURN 70: • •'- ', she E. Mellon. Attorney 661 vast Govi Seat, VA 98032 g.-9i�l1 D7E93 is BCD p 9.Op - i 6 wELt AGREEMENT • .•.:. ',... - Agraestat entered Into between Dorothy J. toyer. a widow, and Robert L. Miler and Marjorie D. Miller. •.a husband and wife. the day sad year last below written. RECITALS CV A. Dorothy J. Layer. hereinafter referred to asj Lq 'Layorl, is owner of that real property particularly t•}4 ® described an the attached Exhibit A', incorporated K bevels by this reference, as Parcai 1. and herainafer y. ' N referred to as the 'Loyar property'. il,' ry R. Robart.L. Miller and Marjarle D. Kilier. hereinafter referred to as '8111era, are owners of that ' p U.M. arty particularly described anthe attached a` Eaibt 'A' as Parcel 2. had hereinafter referred to as CO o� the 'Miller property". be C. Each property now has one single family ;,• - v a^, rasideace constructed on It. ,.a;h mil D. The parties are desirous of ehtereing Into amw.^ agreement for theAparation, maintenance aad repair of=-''• a private domestic eater supply systetnfro■ the water wall an the Loyer property. —_ -- E. The terms 'system'. 'vr/l .systew' and 'rater system" shall meac the water well. pump. tank. water pump equipment, regulators, pumphousc and waterlines from said water welt to the exterior of the residences 1 '... designated to Paragraph C. above, all of which are locsted am %be Layer property Amd the Miller propartyy and which are located apDrpaimately as sheen to E:A16/t 'a', attached hereto and incorporated hereto by this reference. NOV. THEREFORE. :a consideration of the meta! '... covenants and eondittaas contained hoots. the parties Agree as follovst 1. All parts of the well system and all raterlsaes shall be kept in good repair and condition and maintained by the party designated hereto and at that party's expense. '.. anless otherwise %pacliled. Each Party shall be responsible for for good repair and condition of its awn water system in each relIdeate from its point of entry into such resldeoee. Miller %hall be responsible for i„ repair and maintenance of all wateritaas on the Hiller property. toyer -hall t•a responsible for repair and ',.. -Page Dan- i t Yi1� •vvr2^.•Y`Mr?:�..'.�."_•:•.i..xJ,'.� ++`�'��•�+•i; ... .uaMrni.r:n.:',�. .. =�r;3:' _ '.. i _.. _. Page 51 s i malntensate of ail matelints on the. Layer property , ;, 4heparties sASit be )ofntly responsible :y for the cost of repair and maintenance of tAa well system and common wat&file*s on the toyer property . i and the waterline from the common waterline to .•}.Y:'. boundary between the Layer property and the Miller property. Layer shall be responsible for causing SUCK repairs and mafateaante and repairs to said portions of the system as toyer deems necessary. Upon completion of any repairs and/or maintenance. and payment tbarvfor. Layer shall send notice to Millar or the cost thereof. Miller shalt pay to N toyer within tor(le) days of receipt of notice of I1) such cborgas one-half of.the amount expended. ; 4 ^► Watiao no f lad to Miller Loyar by U.S. mail, first class postage prepaid. at the Miller property ,..:*•, co &hall be.dovmed t- have been received tbras(J) days ' after the dot* of mblling. L, . (� toyer shell ant be responsible for damages *I bind as a result of failure to maintain and/or repair as provided in this paragraph 2 a0 S. The use of the well system shall be limited to the supply for one dom*stie single family residence for each party on each of the respective propertlef. Yn other word%. the Loyer property and the Miller Prop arty shall be entitled to a domestic water supply for no, nova, than one single family residence each. 1 d. 8t such time as a public water supply is 1 , 1 available to the Millar proDarty immediately adJbctnt 1. i { to the property lies (and along the south side of S.E. 248th Street. Klap Idea ty. Washington). the Miller , Property shall be roqufrad to connect to such public system and water fro, this malt system shall no longer be provided and this agroement shall be. terminated. Any easomest and/or covenant for the protection of the ' mai $,Its* and/or the well location which.is theretofore l `•� { to !fact shall rxa:in in full force anu effect bad shall inot affected by th'i . paragraph or such termination. .. �- S. Miller shall pay to Layer the swa of Five and solloo 8o1Lra(15.eO) per mouth. payable quarterly 1' a8inniap the first day of January 1989. and continuiag an the first day of each quarter thereafter to long as 1 this agreement Is in effect. This agreement shall remain to affect until terminated under paragraph t, above. ! Upop termination of toil agreement lop*r %hall be owner of all portions of the system lying Ino on or under the 1 Loyor property. sod "liter shall be owner of bit portions of the system lying in. on or under the Miller property. d. to a.'4itlap to the provisions for Paysast under .paragraphs 2 an.• 5, above, Millar shall be resFeasible -Page Two- -•• S .w:..r INi`Y "" ny. 1 _,w ...r'-?ti,Y.'`• .f.'Z'::}?y . . .. .. . Page 52 Al _ ixN Fj{ti= �• .'j• for reasonable use of the system aad for maintaining its portion of the system and all plashing, outlets aad provisieas for transporting and use of the aster thereafter is good repair so as not to cause unreasonable wear.and tear or damage to the system or cause excessive as* of olectrical,Vowsr for operation thereof, is the *vest of fallure to do so. i Miller shad be responsible for lmmediate reimbursement to Layer of the cost of all repairs to the system including the well. pump. Waterlines and egnt psent wbleb ai9at be ocustooad thereby. and for a cessive use of a cetrieai power for operation of the system. y. During the'tarm of this agreement it shall be ► l covenant reaming with the leads. and the terms aad ; y i conditions berate shah tour* to the benefit of. and i (y) be binding and obligatory upon. the parties. their heirs, successors and,ass lgns, except as provided in ,>• , Paragraph a. below. J...: S. In the event,the Layer property should at anytime 'CQ• tV be subdivided. platted or otherwise be divided Into CV two or were parcels. the rights and obligations �1J created hereby shall be a covenant reaming only with p'• �. ..0 that parcel of real property upon which the veil Is O� located. CO In MITNtSS VHER10f the undersigned have set their i CO bands the daps and year below wri t*a. i bated: f2-ta-5& ric . !1 orot y J.1LYYCr OF Rob#r_ r 1 111 ro sa®r o ar e U. 15111or IF m Masb/*gees) s ss r r Y . of Ring) . + xr 0 his do to personally appeared before me Dorothy J. Layer, lrr *+r pted itbiaaand tareaoian®Instrument.ividual eand oschnod In usednd wed tho hat signed the same as her free and voluntary art and dead, for lbe uses a poses Rhereia mentioned. Dated---;,— 2s,mil MY Commission aepiross T-o•Y* nIr`blicc in and•Tor the State of gasbington, restding at seas y`$ + asblagtba) as i�afi o¢ f king) Sw l I is day parsonally appeared before me Robert L. Millar r R�e ap ie 0. Miller. to as harem to.be the individuate +ig$2'4 'ta oat -he axfeeted the within emd fernggolag fne Uuwent. ''gt}d' 4 tadgad .bah tbiY slgaad the aama as their fraa tot - Om¢ o act end daodx for the uses and purposes shorts aeotioned. My Camelsslon expires$ 't-w•7a a e n AR-TO-1- the state of des hinq tom, ramie{aq of _. ^�'�"'' .•'�CLU1�j1w}•+•m'.t�.4tAervewlµ v;:; . • �` n� + ,�'..�r��.Y^N1M1. ..•Q'��i..Ir"a�,•iini;..'tN,atY.` 1N.�fY•.+-'L.",�:.LT+ rm�yy''•� q� ':4.tM1 •.I:7,, Yt l^r�r.n yF:• r:.. "�; L^:' , �' Page 53 i� [•• EXHIBIT "A' fAatEL 1s The west halt of the oast half of the .. corthwoab quarter of the northeast quarter of Section 21, Township 22 North. Range S East, U.H.; _ Except the south SS fact thereof, and except road; 1.,. fir• # N - All situated to King county. washlhgton. �. Y.4:.• LD cu _1 • PARCEL 2: . N t-t The earth 125 fact of the west 86-feeb— of the cast half of the cast halt of the 6\ northwest quarter'of the northeast quarter . ' O of Section 21. Township 22 Borth, Range 5 East. W.H.: Except road; :.,..,. All situated is King county, Washington. to • �' L. .w'' fY•rt ^'�l{}C. , 'S'� T: o a .. - .�. •. •• ;�:S,.a"vY;�`.�.,:;C- :f.;:_ ... •:i±:�i=�•+ir . ; .�t.. 't�" 9: t' M; .`«.•' .;-::*ct.• •�s`:.--".,:i'_ '-.r.•;z ... r.•:'.�.a'61! «i.• .�:?ls�' Page 54 EXHIBIT '11" P 2*s Me Cap,IJW I OF vi--�•�, �� ` co10 O F-J] O � � coWAtL�L L lArr- Ill r '� E ' zlaeonw v'. Lpr� j2od�2T G./N�t-L.e�t_. �; � L'+• . :^L �ns�•v� Y�. i.�':� ,.Y.y,,1.i.�t. .. '1.�t. .. '1:-�� � •. F[ �y,..." .a. Page 55 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 0 Fax: 253-856-6050 KENT WASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services DATE: September 25, 2014 SUBJECT: Director's Report - INFO ONLY MOTION: None SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will informthe committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None j I i KENT WASRINCTON Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher September 25, 2014 - 5:00 p.m. Item Description Action Speaker(s) Minutes Page Roll Call Changes to Agenda 1. Approve minutes dated July 24, 2014 YES Council 02 01 2. 2015 Washington State Arts YES Ronda Billerbeck 05 09 Commission Grant - Accept 3. "I" CANN Fitness Equipment Donation YES Hope Gibson 05 25 for West Fenwick Park - Accept 4. Well System Maintenance Easement - YES David Galazin 05 27 Authorize 5. Termination of Well Agreement - YES David Galazin 05 37 Authorize 6. Director's Report — INFO ONLY NO Jeff Watling 05 55 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101/ tpetroleCa)kentwa.gov 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 Page 1 Special Parks & Human Services Committee Meeting July 24, 2014 Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins, and Brenda Fincher. Call to order: Chair Debbie Ranniger called the meeting to order at 5:02 p.m. Changes to Agenda: Not applicable - special meeting. 1. Minutes dated June 26, 2014 - Aoorove Committee member Higgins MOVED to approve the minutes dated June 26, 2014. Committee member Fincher SECONDED. The motion PASSED 3-0. 2. 2014 Second Quarter Fee-in-lieu Funds - Accept Hope Gibson, Manager of Parks Planning and Development reported that between April and June 2014, the City of Kent received a total of $19,425.00 from the following developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. • Green Tree Park: $9,000.00 from Sound Build NW • Springwood Park: $10,425.00 from Forest Ridge Court II Jeff Watling pointed out that later on in the agenda there is an item on the Green Tree Park restoration project in the Panther Lake area. The $9,000 from Sound Build NW will go toward supporting that project. Committee member Fincher moved to recommend City Council accept $19,425.00 for Fee-in-Lieu funds and amend the Park Lifecycle Program budget for future expenditures of funds in project budgets. Committee member Higgins SECONDED. The motion PASSED 3-0. 6. King County Directors Association Agreement for Plavaround Eguioment Purchase - Authorize Hope Gibson, Manager of Parks Planning and Development, displayed and identified Green Tree Park on an aerial photo. The park is located next to Emerald Ridge Elementary School and has the potential for a lot of afterschool activity. The play Page 2 equipment is one of the oldest structures in the system. Staff applied for and received a $60,000 grant from King County Youth Sports Facilities grant. Fee-in-lieu funds will also assist in funding this project. Parks Director Jeff Watling commented that Parks Planning and Development Manager Hope Gibson and Parks Planner Brian Levenhagen have solicited a lot of feedback from the neighborhood to come up with the park concept and the play equipment plan. Parks Planning Manager Gibson reported that the design was inspired by staff reaching out and getting input from 70 children in the neighborhood, as well as three adults for the play equipment selection. This city is purchasing the playground equipment through the King County Directors Association (KCDA) Purchasing Cooperative Agreement. MOTION: Committee member Higgins moved to recommend authorizing the Mayor to sign the King County Directors Association agreement for up to $85,000, including contingencies, to furnish playground equipment at Green Tree Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Fincher SECONDED. The motion PASSED 3-0. Committee member Higgins commented that he loves the project and that he used to frequent this park years ago with one of his children when he lived in the area. He is very excited to see this go in and it will be great for the neighborhood. 7. Kent Valley Loop Trails Master Plan Resolution - Adopt Parks Director Watling thanked Council for their leadership in this endeavor. This has been over a year in effort and work. Using virtual public meetings served as a great way of garnering a lot of great feedback. This plan takes all the visioning of the trails and connectivity to the river that spans 30 years. It takes all the visioning, and repackages it as a network of loop trails. What started as a vision for a one loop trail ended up being a system of five loops, varying in length that will attract both residents and non- residents. It's a great marketing tool that will attract residents. This plan takes care of what we have. Economic Development is just as supportive. Since the last Parks and Human Services Committee meeting, the plan has been through the SEPA process successfully. Jeff thanked Hope Gibson for her work on the plan. Staff is ready to adopt and send this plan into motion. Manager Gibson added that, REI, one of the city's favorite corporate partners is donating a $10,000 grant to assist with the signage. Director Watling stated that, as far as all the other ecological goals and priorities along the river with King County and the Army Corps of Engineers, this project is Page 3 not meant to compete with the ecological goals but actually to meet that goal and add a social use. Jennifer Knauer and Loren Reinhold of King County have seen the plan and are in support of it. Watling commented that all of the complimentary goals can be balanced. Committee member Dennis stated that it seems that it goes hand-in-hand. Committee member Fincher MOVED to recommend Council adopts the Resolution adopting the Kent Valley Loop Trails Master Plan. Committee member Higgins SECONDED. The motion PASSED 3-0. Committee member Brenda Fincher said that the report was well written; had good style, and was easy to understand. She enjoyed the recommendations, especially the markers for signage and tracking. And for safety purposes, the plan assists users in knowing their location. And, it includes local attractions and marked places to meet up with people. She likes the areas where the road is part of the trail with the additional markings for the safety of bicyclists and vehicles. She thanked staff for all of their work on this. Manager Gibson thanked the hard work of the consultant who developed a readable plan that was user friendly. Chair Ranniger felt it was a milestone and game changer for the area. She looks forward to the implementation and the signage being installed. Committee member Higgins feels that people will look at this as an asset in the years to come, comparable to Lake Meridian and Lake Fenwick, or other significant recreational opportunities. This project is making the trails a destination point and a known entity. Manager Gibson commented that it couldn't have happened without the vision of the council and Park's staff is very appreciative of that. S. Meeker Street Underpass - INFO ONLY Parks Director Jeff Watling reported that staff was asked to lead an interdepartmental team with Public Works and Economic Development to look at potential capital improvements to the Meeker Street underpass. The underpass is a key link into downtown, not only for vehicles, but now with the new residential apartments being constructed downtown, for pedestrians as well. Additionally, this is the pedestrian walkway to the only grocery store in downtown Kent. The current underpass is not welcoming, so the new plan makes this area a more positive civil statement. Manager Gibson presented a diagram of the location of the area noting that the team focused on features that would improve safety, cleanliness, functionality, and aesthetics of the area. The plan addresses the four corners of the underpass and the triangular island which Public Works refers to as a pork chop. Page 4 A conceptual plan was developed by Parks Planning and Development Manager Hope Gibson and presented at the meeting. The various components of the conceptual design include; moving the fence farther up the slope to create a better and safer pedestrian walkway, new lighting, power washing and painting the underpass and pillars, installing bird netting under the underpass to detour the birds from coming back, and new clean landscaping. The island signs would be removed at the intersection and new landscaping would be completed. Director Watling added, from a funding standpoint, staff will have to come back to a committee meeting to request that resources be transferred from the Strategic Opportunity fund to support this project. The Department of Transportation has been contacted to coordinate the lighting, netting, etc. The Economic Development Department and the Mayor's office are in full support of this project. The Parks Department would assume the responsibility of maintaining the area. Future phases include an art component, which has been discussed with Cultural Division staff. Bike lanes are being considered through Public Works. Director Jeff Watling answered to Chair Ranniger's inquiry that yes, all five spaces will have an irrigation system installed. Committee member Higgins reported that, through the Bike Master Plan, Public Works was asked to do a traffic count along that stretch of road. This was done in order to make it potentially three lanes with a center turn lane, as well as bike lanes, long term. No decisions have been made, but they were asked to look at the traffic counts. He wants to know what he can do to speed up the process for this project. Committee member Fincher believes it will be a big improvement esthetically. Committee Chair Ranniger commented that the project is "art waiting to happen" on the pillars. Mel Roberts, 9421 So. 241st Street, Kent WA 98030, 253-854-0952. Mr. Roberts attended the meeting, noting that he hadn't heard about taking the island on the southbound lane on Lincoln Street that turns east and making it wider and incorporating landscaping. Mr. Roberts shared his opinion on specific directions he feels the bike lanes should travel and commented that he the island area should not be enlarged so that westbound bike traffic would be accommodated. Committee Chair Ranniger directed Jeff Watling to carry Mr. Robert's suggestion to the Public Works Department. 9. 2014 Second Quarter Reports - INFO ONLY Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff Page 5 considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. The quarterly contributions report shows over $24,000 in donations, cash, and in- kind materials for the third quarter of 2014. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of engaged partners, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and our services are resonating with our customers. Committee Chair Ranniger referred to the section under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that thus section refers to the 2013/2014 funding cycle and he will notify staff to adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. Director Watling responded to council's direction to discuss marketing the Riverbend property with the Economic and Development Department. The first phase was looking at the size and scale of the property. It was decided to hire a broker. As a result, Commercial Real Estate broker, Jones, Lang, LaSalle will begin the marketing efforts sometime in September. As requested, the marketing plan will be framed with the high expectation of quality in the development of the property, as well as the future of the property. The next phase is working on the entitlements of the property. The plan will be looked at and discussed for potential zoning options at the Public Hearing at the Land Use and Planning Board on Monday, July 28, when the committee will look at the potential uses of the property. ECD Director Ben Wolters, Director of Economic and Community Development attended the Parks and Human Services Committee meeting. He reiterated that staff is attending the Land Use and Planning Board Meeting on Monday to look for recommendations for action on zoning options. If recommended, the committee will move the item forward to the next Economic and Community Development Committee meeting. Recommendation would then go on to the next City Council meeting. The re-zoning of the property is what Council directed staff to do to ensure a quality development and a mixed-use development. Staff is seeking to capture those elements of quality, not only through zoning, but through any potential development agreement that will be part of the purchase and sales Page 6 agreement. This will ensure the development plan for the property is what the city wants the property to become. And, the broker is very aware of this expectation. The property will not be sold just for the proceeds. The city's consistent message is that it will be a quality development. Committee member Higgins clarified that he was actually speaking to marketing at the golf course, but appreciated the update on the Par 3 property. Parks Director Watling responded that Riverbend staff will continue to pursue creative ways to market the golf course as they do utilizing social media. Staff is continually in pursuit of creating new promotions such as text blasts. Text blasts let golfers know of special deals for T-times when there are openings in the schedule. Director Wolters also wanted to speak to the Meeker Street Underpass Project. He wanted to highlight that, from an economic development perspective, he and Economic Development Manager Kurt Hansen both feel this project is going to assist them in marketing the Platform and other potential developments in the downtown area. The primary grocery store downtown is via the Meeker Street underpass, not only by car, but by walking and biking. The plan has already been discussed with the Economic and Development Committee and some elements of the plan may be in the Mayor's budget. Ben stressed the importance of this project, in part due to the emerging growth in downtown, including the potential for development at the golf course property. He feels it is a vital connection between the two areas downtown. These civic investments and civic statements are increasingly important to our economic and development efforts. 9. 2014 Second Quarter Reports - INFO ONLY Parks Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. The quarterly contributions report shows over $24,000 in donations, cash and in- kind materials for the third quarter. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of partners we have, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and resonating with our customers. Committee CCair Ranniger referred to the section under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or Page 7 aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that staff will adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. Director Watling responded to council's direction to discuss marketing the Riverbend property with the Economic and Development Department. The first phase was looking at the size and scale of the property. It was decided to hire a broker. As a result, Commercial Real Estate broker, Jones, Lang, LaSalle will begin the marketing efforts some time in September. As requested, the marketing plan will be framed with the high expectation of quality in the development of the property, as well as the future of the property. The next phase is working on the entitlements of the property. The plan will be looked at and discussed for potential zoning options at the Public Hearing at the Land Use and Planning Board on Monday. The committee will look at the potential uses of the property. Ben Wolters, Director of Economic and Community Development (ECD) attended the Parks and Human Services Committee meeting. He reiterated that staff is attending the Land Use and Planning Board Meeting on Monday to look for recommendations for action on zoning options. If recommended, the committee will move the item forward to the next Economic and Community Development Committee meeting. Recommendation would then go on to the next City Council meeting. The re-zoning of the property is what Council directed staff to do to ensure a quality development and a mixed-use development. Staff is seeking to capture those elements of quality, not only through zoning, but through any potential development agreement that will be part of the purchase and sales agreement. This will ensure the development plan for the property is what the city wants the property to become. And, the broker is very aware of this expectation. The property will not be sold just for the proceeds. The city's consistent message is that it will be a quality development. Committee member Dennis Higgins clarified that he was actually speaking to marketing at the golf course, but appreciated the update on the Par 3 property. Jeff Watling responded that Riverbend staff will continue to pursue creative ways to market the golf course as they do, utilizing social media. Staff is continually in pursuit of creating new promotions such as text blasts. Text blasts let golfers know of special deals for T-times when there are gaps in the schedule. ECD Director Wolters spoke to the Meeker Street Underpass Project. He wanted to highlight that, from an economic development perspective, he and Economic Development Manager Kurt Hansen both feel this project is going to assist them in marketing the Platform and other potential developments in the downtown area. The primary grocery store downtown is via the underpass, not only by car, but by walking and biking. The plan has already been discussed with the Economic and Development Committee and some elements of the plan may be in the Mayor's budget. He stressed the importance of this project, in part due to the emerging Page 8 growth in downtown, including the potential for development at the golf course property. Ben feels it is a vital connection between the two areas downtown. These civic investments and civic statements are increasingly important to our economic and development efforts. 10. Director's Report Parks and Recreation Commission Update Outreach for potential candidates for the Parks and Recreation Commission has begun. Numerous applications have been received by interested citizens. Staff will continue their efforts to reach partners through user groups, residents, and agencies to get the word out about this opportunity. Applications will be open until August 31, 2014. Anyone interested can apply online at www.KentWA.gov. There is also a link on the front page of the city's website that has a link to the application. Chair Debbie Ranniger adjourned the meeting at 5:32 p.m. Respectfully submitted, z ;�� Teri Petrole Parks and Human Services Council Committee Recorder Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 t" Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager DATE: September 18, 2014 SUBJECT: 2015 Washington State Arts Commission Project Support Grant - Accept MOTION: Move to recommend accepting the $3,000.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission budget. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2015. Kent Arts Commission will use the funding to support the presentation of a performance and educational outreach activity by Hawaiian slack key guitarist John Keawe, as part of Spotlight Series. EXHIBITS: Washington State Arts Commission Contract BUDGET IMPACT: Revenue and expense within the Kent Arts Commission budget Page 10 Page 11 WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project Support—Level B—Mid-sized Arts Organizations FY15 Contract No.2015095 THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711 Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter refereed to as the COMMISSION,and Name: Citv of Kent Arts Commission Physical 220 4th Avenue,South Address: Kent,Washington 98032 Mailing 220 4th Ayeppe South Address: Rent,Washingtop 98032 Phone No: 253-856-5050 Web Site: httpsflwwry;kentttrts_enm Washington State UBI: N/A Federal Employee ID: 41-6001254 DUNS: 20253613 Social Security Number: N/A hereinafter referred to as the CONTRACTOR. TIC PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or '.... program which is related to the conservation and development of artistic resources of the State of Washington.RCW 43.46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30, B. DESCRIPTION OF THE ACTIVPTY.PROJECT OR PROGRAM CONTRACTOR shall use funds provided under this Contract No.2015095 solely for the grant proposal funded through the Project Support for Mid-sized Arts Organizations for FY15 as described in Attachment A: Scope of Work. C. AMOUNT OF GRANT Total amount provided under this contract:THREE THOUSAND AND 00/100 Dollars($ 3,000.00) 1. The Commission provides State Funds in the amount of ZERO AND 001100 Dollars IS 0.00)to the CONTRACTOR. 2. The Commission provides Federal Funds in the amount of THREE THOUSAND AND 00/100 Dollars ($ 3,000.00)to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: 45.025 Federal Grant No: 14-6100-2043 Grant Conner No.2015095 Page 2 of 13 Page 12 3. CONTRACTOR agrees to match this grant with cash and/or in-kind resources equal to or greater than the total funds provided by the COMMISSION. 4. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning August 15,2014 to June 30,2015. The CONTRACTOR must expend all funds by the ending date of this contract. The CONTRACTOR shall notify the COMMMISSION'immediately in writing if any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR's Contract Re resentative: COMMISSION's Contract Representative Name j ondq BilleTN4 Name Christel Ratliff and Title: Coltur8l,Programs.Mangger and Title: Program Coordinator! Org. City,of Kent Arts Commission Org: Washington State Arts Commission— Name: Name: Grants to Organizations 2204th Avepue_South Address: PO Box 42675 Address: Kent,Washingto3}, 98032 Olympia,WA 98504-2675 Phone: 253;856;5050 Phone: 360-586-0026 E-Mail; rbillerbec kentwa. ov E-Mail: christel.ratliff arts.wa. ov F. LIMITATION OF AUTHORITY The COM ISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMSSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any MI clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in writing.See General Terms and Conditions for Contract Amendment or Modification procedures. '..... G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following,which by this reference,are made a part of this Contract: Attachment A: Scope of,Vork and Reporting Requirements - '......... Attachment B: Payment Schedule - Attachment C: General Terms and Conditions Attachment D: Invoice Voucher '... Attachment E: National Endowment for the Arts General Terms and Conditions for Federal Funding Grant Contract No.2015095 Page 3 of 13 Page 13 H. INSURANCE Automobile Liability:In the event that services delivered pursuant to this contract involve the use ofvehieles,either owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000J$300,000 bodily injury and$100,000 property damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT The CONTRACTOR shall provide a Final Report to the COMMSSION within 30 days following the Contract Period ending date.All Final Report materials must be submitted through the COMNI SSION's Grants Online System at http://wsac,culturogrants.org. THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. ''.... City o Kent Arts Cam ssiou WASHINGTON STATE ARTS COMMISSION gnatu e o pa authorized,resign fo CONTRACTOR) Karen Hanan,Executive Director r Date:— (prtn e name of signatory) (printed ttiittle�of�signatolry) Date: APPROVED AS TO FORM: (Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11,2013 on file in fiscal office) Grant Contract No.2015095 Page 4 of 13 Page 14 GRANT CONTRACT-ATTACHMENT"A" Scope of Work and Reporting Requirements Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTOR:City of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Project Support assistance with: Kent Arts Commission will present a public performance by Hawaiian slack-key guitarist,singer,songwriter John Keawe as part of the 2014-2015 Spotlight Series.The concert will bring indigenous Hawaiian art forms—music, dance,stories—to Kent-Meridian Performing Arts Center,Oct. 11,2014. The performers will also present an educational lecture/demonstration at Kent-Meridian High School. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION,any public announcement,press release,or other direct mail or electronic mail announcement of the events)funded under this contract.The CONTRACTOR will mail such public announcements to: Grants to Organizations Washington State Arts Commission PO Box 42675 Olympia,WA 98504-2675. Final Report Obligations: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations,30-days following the contract ending date;this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to organizations,by August 1,2015.Final Report Materials must be submitted through the COMMISSION's Grants Online System. http://wsac.culturegrants.org. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1,2015 deadline will have a 10%penalty deducted from any future grant from Grants to Organizations. Contacting Legislators: The Washington State Arts Commission's grant programs are made possible by appropriations from the State of Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit provided by ArtsWA's grant Rinds. For this reason,grant recipients are required to submit a copy of at least one letter to a state senator or state representative as part of their Final Report. If you are not sure who these elected officials are,or need their contact information,go to hgp•ltapro lee wa govJdistrictfinder. Logo Credit: MTSWA ARTWORKS. arn.go WASHINGTON STATE ARTS COMMISSION Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The ArtsWA logo may be downloaded from the website: www.arts.wa.gov. If your grant includes federal funding(which would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts (NEA)in the same manner as ArtsWA.NEA logos are downloadable at www.arts.gov. Grant Contract No,2015095 Page 5 of 13 Attachment A i I Page 15 GRANT CONTRACT-ATTACHMENT"B" Payment Schedule Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTOR: City of Kent Arts Commission The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section (2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: I. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D '.......... of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; '..... 3. All requests for payment shall be on the form of voucher set forth in Attachment D. 4. You have the option of obtaining your grant payments via direct deposit through the Department of Enterprise Services.The necessary forms are downloadable from www.arts.wa.eov/grantsl rg ants- '.......... resources. '..... 5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of a properly completed invoice;which shall include documentation of authorized expenses. 6. The schedule for payment is as follows:.._ Month/Year Amount '..... 8/1/2014 $ 3,000.00 or upon project completion '....... TOTAL AWARD $ 3,000.00 Grant Contract No.2015095 Page 6 of 13 Attachment B Page 16 GRANT CONTRACT-ATTACHMENT"C" General Terms and Conditions Program: Project Support—LevelB—Mid-sized Arts OrganizationsFY15 Contract No.2015095 CONTRACTOR:Citv of Dent Arts Commission TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS.............................................................................2 B. GENERAL CONTRACT TERMS Amendments or Modifications....................................................................................2 Conformancewith Law................................................................................................2 ',.. Orderof Precedence.,.......-.........................................................................................2 Severability..................................................-.............................................................2 Waiverof Default or Breach.......................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees...................... .........-................ .........2 Indemnification..............................................—...........................................................3 IndependentCapacity of Contractor...........-...............................................................3 ''.,.. Nonassignability..........................................................................................................3 Publicity/Acknowledgements............-........................................................................3 Reproduction................................................-.............................................................3 I Services within Washington ......... ........ ..........3 D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTIONS Americans with Disabilities Act..................................................................................3 Compliancewith Applicable Law............—.................-..............................................3 Conflictof Interest.......................................................................................................4 HazardousSubstances.................................................................................................4 NondiscriminationLaws..............................................................................................4 Public Disclosure/Confidentiality................................................................................4 Records,Documents,and Reports................ ...-.....................................................4 Registration with Department of Revenue...................................................................5 Rightof Inspection.....................................................................................................5 E. FUNDING REIMBURSEMENT AND BUDGET AdvancePayments Prohibited.....................................................................................5 Fundsnot Supplanting.............................-..................................................................5 Taxes........................................................................................................................... Traveland Per Diem....................................................................................................5 P TERMINATION AND DISPUTES Disputes.......-..............................................................................................................5 GoverningLaw and Venue................................................<.........................................5 Savings .......—.............................................................................................................5 Termination for Convenience..........-................................................. ...__................ onvenience......................................................................................6 Termination or Suspension for Cause.............. ................. ......-.................. .........._6 Q. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application................................................._............-.................. ...............................6 Publicity/Acknowledgements .....................................................................................6 NEA General Terms and Conditions...........................................................................6 Grant Contract No.2015095 Page 7 of 13 Attachment C Page 17 A. HEADINGS AND DEFINITIONS DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below: "COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other entity of the Commission,or any of the officers or other officials lawfully representing that Commission. "AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate authorized in writing to act on his/her behalf "CONTRACTOR"shall mean that firm,provider,organization,individual or other entity that has been awarded 'a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. "NEA"shall mean the National Endowment for the Arts. "SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms '........ "Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier. HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. - '...... B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION-This Contract may be amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed by all parties,and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington;it — is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an '.. inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 1 Special Terns and Conditions of this Contract,including a. Scope of Work and Reporting Requirements '.. b. Modifications to the General Terms and Conditions 3. General Terms and Conditions '... 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision,and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSIBILITIES COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. Grant Contract No.2015095 Page 8 of 13 Attachment C Page 18 INDEMNIFICATION—To the fullest extent permitted by law,the CONTRACTOR shall indemnify defend,and hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State '.. from and against any liability,damages,claims,suits and/or expenses arising out of or resulting from performance of this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by the CONTRACTOR's agents,employees,representatives,or any subcontractor or its employees.The CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. '....... INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the '...... COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which '.... would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations tinder this Contract,or any claim arising under this Contract without prior written consent of the COMMISSION. '......... PUBLICITY/ACKNOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from.this Contract,as follows:"This program is supported,in part,by a grant from ArtsWA(the Washington State Arts Commission)." REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications, social media or other electronic communications,provided that the author or artist is credited.All reproductions of copyrightable material by the State in public releases shall contain a credit to the author or artist where applicable. SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington,without prior authorization of the COMMISSION. '....... D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTION AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the "ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local '.. government services,and telecommunications. COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, '... the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due '... notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act,Chapter 42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this '... Contract.. '.. Grant Contract No.2015095 Page 9 of 13 Attachment C Page 19 In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the CON MISSTON provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMSSION and any and all of its employees and/or agents,from and against any,and all liability,cost(including but not limited to all costs of defense and attorneys' fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of,hazardous substances as defined by state and federal law on the property covered by the project. '.. NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMSSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute may be resolved in accordance with the"Disputes"provision in this Contract. PUBLIC DISCLOSURElCONFIDENTIALITY—CONTRACTOR acknowledges that the COMMISSION is subject to Chapter 42.17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure,the COMMISSION will release the request information on the date specified. RECORDS DOCUMENTS AND REPORTS—The CONTRACTOR shall maintain complete financial records, including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures,if required,are not less than the amount granted in the approved application and this Contract.The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances can be clearly identified. These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by the COMMSSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or contract. The CONTRACTOR will retain all books,records,documents,and other materials relevant to this Contract for six years after termination or expiration of the Contract,and make them available for inspection by persons authorized under this provision. If any litigation,claim or audit is started before the expiration of the six(6) year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration, if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 98504-7450, http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the CON MSSION pertinent to the intent of this Contract,including right of entry for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times,in order to monitor and evaluate performance,compliance,and/or quality assurance under this Contract. Grant Contract No.2015095 Page 10 of 13 Attachment C Page 20 E. FUNDING RE tMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. '.. TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing of the other.according to the process set out in this section. Either parry's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project title. '....... The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving party shall respond by either accepting or refusing the request for dispute resolution. If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR,one person selected by the COMNIISSION,and a third person chosen by - -- - - the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes.The parties shall equally share all cast associated with implementation of this process. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any action in a judicial or quasi-judicial tribunal.Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution procedure outlined above. GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may terminate the Contract without advance notice. At the COMNIISSION's discretion,the parties may renegotiate the Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be '',...... liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the '.......... COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract. Grant Contract No.2015095 Page 11 of 13 Attachment C Page 21 If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within.thirty(30)days of the demand. If the COMMISSION is required to institute legal proceedings to enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMSSION shall be deemed exclusive. 'The COMMISSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLICITYIACKNOWLEDGEMENTS—The PUBLICITYIACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: ',... "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or print journalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts:' Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, '.......... Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract No.2015095 Page 12 of 13 Attachment C Page 22 GRANT CONTRACT-ATTACHMENT"D" Invoice Voucher FORM r STATE OF WASHINGTON ACENcvuSEONLY AFRS AGENCY NO. LOCATION CODE P.R.ORANTH.ND. A19-1A a^e M aura IREv n96) INVOICE VOUCHER 387 001 AGENCY NAME AND LOCATION INSTRUCTION To VENDOR OR CLAIMANT, Submit this form to claim paymentfor materials, merchandise orservices. Show complete detail for each Item. WASHINGTON STATE ARTS COMMISSION Vendor's Croperatc. herebyceRlry ender penalty of perjury matmlitems and totals listed herein a are proper charges for materials,merchandise ce srMcer famished e the State of PO BOX 42675 WasMngton,and that all goods erK,mortal landlor status, services rendered col have been provided without tlisa'imination because of age,sex marital status,race,creed,colOq nagonal origin,handicap, OLYMPIA WA 98504-2675 religion,or Vettam era or disabled veterans status. VENDOR OR CLAIMANT(Warrant is to be payable to) BY: ®� City of Kent Arts Commission ( IGN IN SLUE INK) 220 4th Avenue South '(fit-.c-ctZ�Ll(- a ( t e e Kent,Washington 98032 (DATE) (TITLE) GATE RECENED: FEDERAL LD.NO.Oft3OCIAL3ECURITY NO.IFor RepoHing Personal Eervlro ContrnMPaymentvmlRS}: RECEIVED BY: ',,.. 91-6001254 UNIT AMOUNT FOR AGENCY DATE DESCRIPTION =QUANTITY UNIT PRICE USE '.. For-Grants to Organizations FY 15 ( ,•........ .......... ...........a.... .... ...............: ..• ..... . .......• ... .._.. ..... .. (. . Project Support—LevelB—Mid-sized I ? € Arts OrSanizations. .._..._...._...._................................f.....................................E..•......................•...................................................................................... .......... ............. PerAttachment"A°Scope of Work ...................................__.......................................'.............................•....... ..........................................................[...............•.•................_...•............, ............f.. .. ........... ..... Contract#: 2015095 1................._._...... .1.................................................••.............€................................_.............. ..................,•,,,..................:...•.•......... ��..........................���.................................................................i.....................•....g.......................................'......•.............................•...................3...................._.......................e..... ..............................'....••...........................................................n 012 State Funds ° $0.00 ..........................:...............................•.....................................................,.............................•...,...... 1................................._t.........................;.......................................„...........................................................b.................................................. 020 Federal Funds 9 E $3,000.00 ..........................................._................... .......... ............... ,................................_..._......................_............•......... Total: , 3 000.00 ! '........................i,.................•...................L..,..............,.....,.... DATE: ',.. PREPARED BY: TELEPHONE NUMB ER: DATE: AGENCY APPROVAL: DOC.DATE PMT DUE CURRENT OOC.NO.: REF.DOC.NO.: VENDOR NUMBER: USETAX VENDOR61ESSAGE: 59I NUMBER: DATE REF M MASTER INDEX SUB t+orrea., cawry cmrtrntx DOC TRANS O FUND APPN PROGRAM SUB SUB ORG Budd PROJECT SUM PROJ AMOUNT INVOICE NUMBER SUP CODE O INDEX INDEX OBJ .OBJ INDEX ALLOC ubt MOM PROD PHAS 001 012 00103 NZ 5MAO 00 00 $0.00 MA02015095 001 020 00103 NZ 15 6MAO 00 00 $3,000.00 MA02015095 WARRANT NUMBER: ACCOUNTING APPROVAL FOR PAYMENT: DATE: WARRANT TOTAL: Page 23 III Washington State Arts Commission CONTRACT—ATTACHMENT S National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: A. Project Costs supported by the NEA—There may be no overlapping project costs between two or more Federal awards. This grant may not be used to match a direct grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. C. Cost Principles—establishes allowability of costs for work performed under an Arts Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB CircularA-21 applies to public and private institutions of higher education; OMB Circular-67 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color ornational origin, be excluded from participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. Title VI also extends protection to persons with limited English- language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of hislher disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http-//www.arts.gov/resources/Accessibilityl. H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title II), and places of public accommodation and commercial facilities (Title I11). 1. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s) to ArtsWA. J. Federal Debt Status (OMB CircularA-129)—you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a Page 24 Page 25 ',.. AdL PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Aev Fax: 253-856-6050 WA5HINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development DATE: September 25, 2014 SUBJECT: "I" CANN Fitness Equipment Donation - Accept MOTION: Move to recommend Council accept the fitness equipment donation from King County "I" CANN for West Fenwick Park, valued at $14,000.00. SUMMARY: The City of Kent has been given $14,000.00 worth of outdoor fitness equipment by the South King County Community Activity Nutrition Network initiative ("I" CANN). This equipment will be installed by staff to replace aging equipment along an existing fitness trail in West Fenwick Park. EXHIBITS: None BUDGET IMPACT: Impact to the city's asset list Page 26 Page 27 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Well System Maintenance Easement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Well System Maintenance Easement between the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Cris LeCompte and Maureen Korsmo-LeCompte (collectively, "LeComptes") own a parcel of land adjacent to property in the Clark Lake Park area that the City recently purchased. The LeComptes' parcel is serviced by a domestic water supply well that is located on the City's property, but the City has no use for the well. This Easement grants the LeComptes the right to enter the City's property to use, access, inspect, monitor, construct, reconstruct, restore, maintain and repair the domestic water supply well. EXHIBIT: Well System Maintenance Easement BUDGET IMPACT: None Page 28 Page 29 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW114, NE1t4 STR 21-22N-5E King Co., WA ADDITIONAL LEGAL DESCRIPTION: See Exhibit A. page 6 ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043: 212205-9003 Project: CLARK LAKE PARK ACQUISITION WELL SYSTEM MAINTENANCE EASEMENT i WITNESSETH that the CITY OF KENT, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby grants and conveys to Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (collectively, "Grantee"), an appurtenant, nonexclusive Well System maintenance easement through, across, upon and within the following described real property situated in King County, Washington, more particularly described in Exhibit "A" and as depicted in Exhibit "B" ("Easement Area"), both attached and made a part hereto. 1. Purpose and Access. Grantee shall have the right to use the Easement Area only for the purpose of using, accessing, inspecting, monitoring, constructing, reconstructing, restoring, maintaining and repairing a domestic water supply well, including water distribution lines, necessary pump equipment, and appurtenant electric power distribution lines ("Well System"), including, but not limited to the right to remove vegetation, structures, or obstacles as may be necessary within the Easement Area. Grantee's rights specifically include reasonable rights of ingress LeCompte and City Well Maintenance Easement Page 1 of 7 Page 30 and egress directly from SE 240th Street across Parcel No. 212205-9043. Grantee's use of the Well System shall be limited to only that water supply reasonably necessary for one domestic single-family residence. If any damage is caused by Grantee's use of the Easement Area, Grantee shall promptly restore the property to equal or better condition. 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. 3. Future Relocation. Should Grantor, at its sole discretion, require the relocation of the Easement Area for any public purpose, Grantor may relocate the Easement Area and the Well System and related appurtenances, at Grantor's sole cost and expense, provided that Grantor shall give written notice to Grantee ninety (90) days in advance of said relocation. Grantor covenants with Grantee that any new Easement Area shall be in the vicinity of the original Easement Area. Upon notice of relocation, if Grantee does not wish to use the new Easement Area, Grantee may choose to terminate this easement, and the provisions for termination and restoration in Section 5 hereafter shall apply. 4. .Responsibility and Indemnification. Grantee shall at all times observe and perform all laws, ordinances, rules and regulations now or hereafter imposed by any governmental authority which are applicable_to Grantee's use of the Easement Area, and shall not at any time make or suffer any strip or waste or unlawful, improper or offensive use of the Easement Area. Grantee shall indemnify and defend Grantor and hold Grantor harmless against all claims, loss, damages, liability and expense (including reasonable attorneys' fees) incurred or suffered by Grantor and all actions or proceedings by whomsoever brought or made against Grantor with respect to (i) any acts or omissions of the Grantee or anyone claiming by, through or under Grantee, or (ii) any breach of Grantee's covenants or obligations under this Grant; provided, however, that nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the sole negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. 5. Termination. Subject to the provisions of Section 6 below, the rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for the uses herein permitted for a period of one year, in which event this easement shall terminate by these terms along with all of Grantee's rights hereunder. Upon termination, all portions of the Well System within the Easement Area shall become the sole property of Grantor, and Grantee shall have no further rights to use or benefit from the Well System; provided, however, that upon termination Grantee shall restore any portion of the Easement Area damaged by Grantee's activities under this easement to its original condition, to Grantor's reasonable satisfaction. LeCompte and City Well Maintenance Easement Page 2 of 7 Mfile¢\i)065hYih-PertelmP -QahU \Wel Maln@Yazce Eaaement0901t6.tlac Page 31 6. Availability of Public Water Supply. At such time as a public water supply is available to the Grantee's property immediately adjacent to the property line (and along the south side of S.E. 240`" street, King County, Washington), the Grantee's property shall be required to connect to such public system and water from this Well System shall no longer be provided and this easement shall be terminated, subject only to Grantee's responsibilities pursuant to Section 5 above. 7. Repair and Maintenance, Grantee shall be solely responsible for the cost of repair and maintenance of the Well System and all waterlines and electric power distribution lines within the Easement Area. Grantee shall keep and maintain the Well System and related appurtenances in good repair and condition, and shall be responsible for causing such repairs and maintenance to said portions of the system as Grantor reasonably deems necessary. S. Protection of the Well System. Grantee, at its sole discretion, shall have the right pursuant to this easement to protect the Well System, including the well head, from tampering and vandalism. Notwithstanding Grantee's rights with regards to protecting the Well System, the Grantor shall have reasonable access to the Well Head if necessary. 9. Successors and Assigns. During the term of this easement, it shall be a covenant running with the land, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon the parties, their heirs, successors and assigns. GRANTOR: CITY OF KENT BY: Print Name: Suzette Cooke ITS: Mayor Date: ACCEPTED BY GRANTEE: Cris LeCompte Maureen Korsmo-LeCompte By: By: Print Name: Cris LeCompte Print Name:Maureen Korsmo-LeCompte Date: Date: (Notary Acknowledgements Appear on Following Pages) LeCompte and City Well Maintenance Easement Page 3 of 7 R�,�Nll�-P.-1111.11h��k.\IdlW�,—.,.Ea-111os,..do Page 32 STATE OF WASHINGTON ) } ss. COUNTY OF KING } I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement Page 4 of 7 Page 33 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- L..... IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement '... Page 5 of 7 MiRFlies\OOen Flle9\I70C59hrk PCke Ckk Clark Lakr\fill Malntenanm ESement 09033a,tloc Page 34 EXHIBIT A EASEMENT WELL WATER SERVICE LINE APN #2122059043, 212:2059003 THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT NUMBER 674032, RECORDED UNDER RECORDING NUMBER 7708030801; RECORDS OF KING COUNTY, WASHINGTONI, IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; TH-ENCE N00057'08"E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 105,27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `vA", SAID .POINT BEING THE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE N87026'53"E 14,48 FEET; THENCE N6002643"E 19.52 FEET; THENCE N15057'38"E 12102 FEET; THENCE N01026'15"E 37.33 FEET TO-A-POINT THAT-LIES-195;00 FEET SOUTH, WHEN MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID SECTION, AND THE NORTH TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; AND BEGINNING AT AFORESAID POINT-A"; THENCE S8712653"W 37.87 FEET TO THE WEST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS REQUIRED TO EXTEND AT ANGLE AND END POINTS. CONTAINING 1,212 SQUARE FEET, MORE OR LESS. i a rs � i Page 35 I SEC16 _ NE SEC 21 SE 240TH ST ------- ----- -------- I i o 4 m PARCEL# I 212205-9666 I I I I I I PARCEL# PARCEL# 212205-9003 212205-9043 r �5a � I 5 L3 LA Ling Table L1 Llne# Lengrfi Olrecklon I I I L2 POINT OF BEGINNING POINVA" L2 lags` N$7^A3°E, W L3 16.52' N60g26'43^E; 00 N LA 12.02' N15 673$o' o L5 - 37;33' N1 2616°E IMPORTANT: 5 SWCORNER THIS IS NOTA SURVEY,ITIS LOT 1 FURNISHED AS A CONVENIENCE SP#674032 TO LOCATE THE LAND INDICAYE HEREON WITH REFERENCETO STREETS AND OTHER LAND,NO LIABILITY IS ASSUMED BY Projecig Parks-Clark LK REASON OF RELIANCE HEREON, CLARK LAKE WATER LINE LOCATED IN.THE EAST HALF OF THt EASEMENT NW 114 OF THE NE 114 OF SEC 21, CCETSIT DRAWN BY: JAF TOWNSHIP 22 N.RANGE 6 E,W.M. w""N11O1O" EXHIBIT 1 CITY OF KENT SCALE: 1°=50' B LAND SURVEY SECTION DgTE: 818/2$1a ! Page 36 Page 37 LAW DEPARTMENT Tom Brubaker, City Attorney ® Phone: 253KEN -856-5770 T Fax: 253-856-6770 WA HIN OTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Termination of Well Agreement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Termination of Well Agreement encumbering properties currently owned by the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte. SUMMARY: Dorothy J. Loyer, Robert Miller and Marjorie Miller entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), encumbering two parcels of real property. This Well Agreement was subsequently amended on February 28, 1989, by an Addendum recorded as Document No. 8902281152. The City is the successor in interest to Dorothy J. Loyer, and the current owner of one of the properties subject to the Well Agreement. Cris LeCompte and Maureen Korsmo- LeCompte are the successors in interest to Robert and Marjorie Miller, and the current owner of the other property subject to the Well Agreement. The City has determined that the Well Agreement is no longer necessary, and Cris LeCompte and Maureen Korsmo-LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County. EXHIBIT: Termination of Well Agreement BUDGET IMPACT: None Page 38 Page 39 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 TERMINATION OF WELL AGREEMENT GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW1/4 NE1/4 STR 21-22N-5E King Co., WA ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043; 212205-9066 REFERENCE NUMBERS OF RELATED DOCUMENTS: 8901030642 8902281152 Project: CLARK LAKE PARK ACQUISITION Termination of Well Agreement Between LeCompte and City of Kent Page 1 of 5 Page 40 TERMINATION OF WELL AGREEMENT This TERMINATION OF WELL AGREEMENT ("Termination") is executed this day of , 2014, by the City of Kent, a Washington municipal corporation ("City") and Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (Collectively, "LeCompte"). Recitals A. Dorothy J. Loyer ("Loyer"), and Robert L. Miller and Marjorie D. Miller, husband and wife (collectively, "Miller") entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), attached hereto as Exhibit 1, encumbering two parcels of real property legally described on Exhibit "A" of the Well Agreement. B. This Well Agreement was further amended by that Well Agreement Addendum recorded on February 28, 1989, as Document No. 8902281152, attached hereto as Exhibit 2. C. The City is the successor in interest to Loyer, and the current owner of the property identified as Parcel i on Exhibit "A"of the Well Agreement. D. LeCompte is the successor in interest to Miller, and the current owner of the property identified as Parcel 2 on Exhibit "A" of the Well Agreement. E. LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County, Termination NOW THEREFORE, in consideration of the covenants contained herein, and for other goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 1. Termination. LeCompte and the City hereby execute this Termination in order to terminate and remove the Prior Recorded Document from the real property records of King County, Washington, 2. Effective Date of Termination. This Termination shall become final and effective on the date recorded. At the time of recording of this Termination, all conditions, requirements, responsibilities, and/or liabilities established by the Well Agreement, as amended, shall cease and their terms shall become null, void, and unenforceable. Termination of Well Agreement Between LeCompte and City of Kent Page 2 of 5 Page 41 3. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall be in King County Superior Court. 4. Recitals: Counterparts. All recitals and exhibits are incorporated herein by reference and shall be considered material parts of this document. This Termination may be executed in counterparts, each of which shall constitute one original and all of which together shall constitute one and the same document. IN WITNESS WHEREOF, LeCompte and the City have caused this Termination to be executed. CITY OF KENT By: Its: Mayor Date: CRIS LECOMPTE Cris LeCompte Date: MAUREEN KORSMO-LECOMPTE Maureen Korsmo-LeCompte Date: Termination of Well Agreement Between LeCompte and City of Kent Page 3 of 5 Page 42 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i Termination of Well Agreement Between LeCompte and City of Kent . Page 4 of 5 Page 43 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P.\<IVIMe-\Open Flles\t]00-SXulle-Porte4a PSAtlari[lake\?emiieatian aF Wnll/a9reameift.tloa Termination of Well Agreement Between LeCompte and City of Kent Page 5 of 5 L..... Page 44 I EXHIBIT 1 4 AFTER RECORDING RETURN TO: Johri E. Nelson, Attorney 601 West Gowe Kent, WA 98032 gc.n2+p3 ia09.42 g REED Q,OD ' r9Suci ****9.00 9g WELL AGREEMENT ' Agreame:t entered into between. Dorothy J. Layer, a widow, and Robert L. Miller. and Marjorie D. Miller, husband and wife, the day and year .last below written. RECITALS A. Dorothy J. Layer, hereinafter referred to as =` "Layer", is owner of that real property particularly N described on the attached Exhibit "A", incorporated by. . • herein by this reference, as Parcel 2, and hereinafer referred to as the "Layer property". rn B. Robert L. Miller and Marjorie D. Miller, Q hereinafter referred to as "Miller", are owners ,of that p real property particularly described on the attached C1% Exhibit "A" as Parcel 2, and hereinafter referred to as co the "Miller property". WED c C. Each property now has one single family my $ residence constructed on it. 'Y C nm D. The parties are desirous of entereing into am*.•r' ^� b agreement for the operation, maintenance and repair of a private domestic water supply system from the water well on the Layer property. E. The terms"system", "well system" and "waterer w ` system" shall mean the water well , pump, tank, water pump equipment, regulators, pumphouse and waterlines from said water well to the exterior of the residences Z designated in Paragraph C above, all of which are located on the Layer property and the Miller property t and which are located approximately as shown .in Exhibit "B", c attached hereto and incorporates herein by this reference. NOW, THEREFORE, in consideration of the mutal covenants and conditions contained herein, the parties iagree as follows: 1. All parts of the well system and all waterlines shall be kept in ,good repair and condition and maintained by the party designated herein and at that party's expense, unless otherwise specified. Each party shall be responsible for the goad repair and condition of its own water system in each residence from its point of entry into• such residence. Miller shall be responsible for repair and maintenance of all waterlines on the Miller property. Layer shall be responsible for repair and -Page One- P 1 . ., tC':4.ski.. we ?.... .Qt w.. )'s`•'+"• ;-!f.•, r, vp Page 45 t L maintenance of all watelines on the Loyer property 2. The parties shall be jointly responsible for the cost of repair and maintenance of the well system and common waterlines on the Loyer property and the waterline from the common waterline to boundary b?cween the Loyer ,property and the Miller property. Loyer shall be responsible for causing such repairs and maintenance and repairs to said portions of the system as Loyer deems necessary. Upon completion of any repairs and/or maintenance, and payment therefor, Loyer shall send notice to Miller of the cost thereof. Miller shall, pay to toyer within ten(10) days of receipt of notice of ^=` such charges one-half of the amount expended. a Notice mailed to Miller by Loyerby U.S. mail , first class postage prepaid, at the Miller property shall be deemed to have been received three(3) days + ' after the date of mailing. t;.S Loyer shall not be responsible for damages of any kind as a result of failure to maintain _ andlor 'repair as provided in this Paragraph 2. i M 3. The use of the well system shallbe limited !: 2to the supply for one domestic single family residence ' for each party on each of the respective properties. O In other words, the Loyer property and the Miller c property shall be entitled to,a domestic water supply for no more than one single family residence each. 4. At such time as a public water supply is { available to the Miller property immediately adjacent t to the property line (and along the south side of { S.E. 240th Street, King County, Washington) , the 'Miil.er ! property shall be required to connect to such public system and water from this well system shall no longer be provided and this agreement shall be terminated. Any easement and/or covenant for .the protection of the well system and/or the well location which is theretofore in effect shall remain in full force and effect and shall not affected by this paragraph or such termination. 5. Miller shall pay to Loyer the sum of Five and no/100 Dollars($5.00) per month, payable quarterly beginning the first day of January 1989, and continuing on the first day of each quarter thereafter so long as this agreement is in effect. This agreement shall remain in effect 'until terminated under Paragraph 4, above. Upon termination of this agreement Loyer shall be owner of all portions of the system lying in, on or under the Loyer property, and Millar shall be owner of all portions ! of the system lying in..-on or under the.Mftler property. 6. In addition to tf* pfigvist&ns for payment under 6 Paragraphs 2 and S. above, Miller shalt be responsible -Page Two- .. .... Page 46 for reasonable use of the system and for maintaining its portion of the system and all plumbing. outlets and provisions for transporting and use of the water thereafter in good 'repair so as not to cause unreasonable wear and tear or damage to the system or cause excessive use of electrical power for operation thereof. In the event of failure to do so, Miller will be responsible for immediate reimbursement to Layer of the cost of all repairs to the system including toe well , pump, waterlines and equipment which might be occasioned thereby, and for excessive use of electrical power for operation of the system. 7. During the term of this agreement it shall be a covenant running with the lands, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon, the parties, their heirs, successors and assigns, except as provided in Paragraph 8, below. B.. In the event the Layer property should at anytime be subdivided, platted or otherwise be divided into �p two or more parcels, the rights and obligations O created hereby shalt be a covenant running only with that parcel of real property upon which the well is _ located. IN WITNESS WHEREOF the undersigned have set their 00 hands the days and year below wri ten. Dated: t6'-Z -3$ tip11-1 � ' Dorothy 7 L ye Robert E' s.1 s� goat o` Marl rie D. Mille g'o So% Washington) ew, . . to ss € rs mtya of King} A P g ? °fthis day personalty appeared before me Dorothy J. Layer. ti :°pF '•,.�p•mmrpowfl to be the individual described in and who executed 1 Orbw ithin and foregoing instrument, and acknowledged that she 111'"_signed the same as her free and voluntary act and deed, for the uses u poses therein mentioned. Dated:_u1v�,e4ea Z%,M& My Commission expires: 9-6-10 Public in an oche State of Washington, residing at reOT 1" a �• grtashington) ss Y+ . om 'Qf is da King) rit�§ y personally appeared before me Robert L. Miller $v. t 5� ? aCie D. Miller, to me known to be the individuals 6 zin and who executed the within and foregoing instrument, `• 'i •slid"�a ledged that they signed the same as their free and . y a�> tyry act and deed, for the uses and purposes therin mentioned. > sa.ta.aa My Commission expires: t-K-90 is Public in and for the State of Washington, residing atiJ �. 1��S 6 n. � r.vtJ%:4Tr. '.S• �,.P'�a— .'if�w`eL�' ,..e. Page 47 i v ! EXHIBIT "A" f PARCEL 1: The west half of the east half of the northwest quarter of the northeast quarter of Section 21, Township 22 North, Range 5 East, W.M.; Except the south 55 feet thereof, and except road; All situated in King County, Washington. t. PARCEL 2: The north 195 feet of the west 86 feet O of the east half of the east half of the q M northwest quarter of the northeast quarter O of Section 21, Township 22 North, Range 5 East, O H.M. ; Except road; o0p All situated in King County, Washington. f( I ... ....Page 48 EXHIBIT *V ME 679, tZ� �t Or > ��G24, T�tV j oeird W'M e5. d2,507H d.: � �lc2 /�Itt�Jz o i ! I/!C ". :. JGt�A�s�Y 4. 1jW144 �rif-Y--w54+�,�:1?:^fa$'/P'i:.k:t:: •:e,,i-:%.` _ ��:v`�"a:�ii'• . :>i...^. >) tL... Page 49 EXHIBIT 2 RAtroata J. TAYILHt a FIRST AMERICAN TITLE 89<O2,em 01152 D 12639 S.E. 2406 Street FOURTH a B ANCHARD B= Rent, b�shington 98031 SFArrLF-wA 99121 RECD F 1A. CRSiiSL 10.00 ' 55 NELL At II'AEGRAM " .S . RAfMALL J. Mulct AM ==W E. TAYIM , agree to assm ALL liability for RDA L. MXMER AND MRJORIE D. MILLER as stated in the Well agreement f dated Decer-ter 28, 1988 bebmen, DCfk M J. LAPEL AND ROBERT L. MILLER AtvZt MAlUallE D. M]LUM, recorded on Janwary 3, 1989 Wunder Auditor's file ND. .. 8901030642. This agreamnt is binding end obligatory upon, the parties, = their heirs, suers and assigns. '.i. . LIiI�1L � N Tha North 195 feet of the West 86 feet of the Fast half of the East half of the to Northwest quarter of the Northeast quarter of Section' 21, Township 22 North, Range i 5 East, W.M., in Fang County, Washington; co N EaMr the North 30 feet thereof. Situate in the County of Ring, State of. Washington. s;= U• , co Doro E. for lS pu ttl I ' STATE OF WASH@ UON, r+ County of I hereby outify that I{mow or have satisfaetory evidence that Randall J. Taylor and Dorothy E. Taylor AgmAtbisb*ttumentmAadmowledgedittobe their free end voluntary actfor the uses and purposes mentioned '.... in this instrument Dated: February 28, 1984 �/ t Shelley Fiorito I .. Notary Public in andfor "of Washington, residing at Renton - Rr ._ MY appointment expires 06/27/90 Page 50 ;A►TER AECORDIRG RETURN 70: • •'- ', she E. Mellon. Attorney 661 vast Govi Seat, VA 98032 g.-9i�l1 D7E93 is BCD p 9.Op - i 6 wELt AGREEMENT • .•.:. ',... - Agraestat entered Into between Dorothy J. toyer. a widow, and Robert L. Miler and Marjorie D. Miller. •.a husband and wife. the day sad year last below written. RECITALS CV A. Dorothy J. Layer. hereinafter referred to asj Lq 'Layorl, is owner of that real property particularly t•}4 ® described an the attached Exhibit A', incorporated K bevels by this reference, as Parcai 1. and herainafer y. ' N referred to as the 'Loyar property'. il,' ry R. Robart.L. Miller and Marjarle D. Kilier. hereinafter referred to as '8111era, are owners of that ' p U.M. arty particularly described anthe attached a` Eaibt 'A' as Parcel 2. had hereinafter referred to as CO o� the 'Miller property". be C. Each property now has one single family ;,• - v a^, rasideace constructed on It. ,.a;h mil D. The parties are desirous of ehtereing Into amw.^ agreement for theAparation, maintenance aad repair of=-''• a private domestic eater supply systetnfro■ the water wall an the Loyer property. —_ -- E. The terms 'system'. 'vr/l .systew' and 'rater system" shall meac the water well. pump. tank. water pump equipment, regulators, pumphousc and waterlines from said water welt to the exterior of the residences 1 '... designated to Paragraph C. above, all of which are locsted am %be Layer property Amd the Miller propartyy and which are located apDrpaimately as sheen to E:A16/t 'a', attached hereto and incorporated hereto by this reference. NOV. THEREFORE. :a consideration of the meta! '... covenants and eondittaas contained hoots. the parties Agree as follovst 1. All parts of the well system and all raterlsaes shall be kept in good repair and condition and maintained by the party designated hereto and at that party's expense. '.. anless otherwise %pacliled. Each Party shall be responsible for for good repair and condition of its awn water system in each relIdeate from its point of entry into such resldeoee. Miller %hall be responsible for i„ repair and maintenance of all wateritaas on the Hiller property. toyer -hall t•a responsible for repair and ',.. -Page Dan- i t Yi1� •vvr2^.•Y`Mr?:�..'.�."_•:•.i..xJ,'.� ++`�'��•�+•i; ... .uaMrni.r:n.:',�. .. =�r;3:' _ '.. i _.. _. Page 51 s i malntensate of ail matelints on the. Layer property , ;, 4heparties sASit be )ofntly responsible :y for the cost of repair and maintenance of tAa well system and common wat&file*s on the toyer property . i and the waterline from the common waterline to .•}.Y:'. boundary between the Layer property and the Miller property. Layer shall be responsible for causing SUCK repairs and mafateaante and repairs to said portions of the system as toyer deems necessary. Upon completion of any repairs and/or maintenance. and payment tbarvfor. Layer shall send notice to Millar or the cost thereof. Miller shalt pay to N toyer within tor(le) days of receipt of notice of I1) such cborgas one-half of.the amount expended. ; 4 ^► Watiao no f lad to Miller Loyar by U.S. mail, first class postage prepaid. at the Miller property ,..:*•, co &hall be.dovmed t- have been received tbras(J) days ' after the dot* of mblling. L, . (� toyer shell ant be responsible for damages *I bind as a result of failure to maintain and/or repair as provided in this paragraph 2 a0 S. The use of the well system shall be limited to the supply for one dom*stie single family residence for each party on each of the respective propertlef. Yn other word%. the Loyer property and the Miller Prop arty shall be entitled to a domestic water supply for no, nova, than one single family residence each. 1 d. 8t such time as a public water supply is 1 , 1 available to the Millar proDarty immediately adJbctnt 1. i { to the property lies (and along the south side of S.E. 248th Street. Klap Idea ty. Washington). the Miller , Property shall be roqufrad to connect to such public system and water fro, this malt system shall no longer be provided and this agroement shall be. terminated. Any easomest and/or covenant for the protection of the ' mai $,Its* and/or the well location which.is theretofore l `•� { to !fact shall rxa:in in full force anu effect bad shall inot affected by th'i . paragraph or such termination. .. �- S. Miller shall pay to Layer the swa of Five and solloo 8o1Lra(15.eO) per mouth. payable quarterly 1' a8inniap the first day of January 1989. and continuiag an the first day of each quarter thereafter to long as 1 this agreement Is in effect. This agreement shall remain to affect until terminated under paragraph t, above. ! Upop termination of toil agreement lop*r %hall be owner of all portions of the system lying Ino on or under the 1 Loyor property. sod "liter shall be owner of bit portions of the system lying in. on or under the Miller property. d. to a.'4itlap to the provisions for Paysast under .paragraphs 2 an.• 5, above, Millar shall be resFeasible -Page Two- -•• S .w:..r INi`Y "" ny. 1 _,w ...r'-?ti,Y.'`• .f.'Z'::}?y . . .. .. . Page 52 Al _ ixN Fj{ti= �• .'j• for reasonable use of the system aad for maintaining its portion of the system and all plashing, outlets aad provisieas for transporting and use of the aster thereafter is good repair so as not to cause unreasonable wear.and tear or damage to the system or cause excessive as* of olectrical,Vowsr for operation thereof, is the *vest of fallure to do so. i Miller shad be responsible for lmmediate reimbursement to Layer of the cost of all repairs to the system including the well. pump. Waterlines and egnt psent wbleb ai9at be ocustooad thereby. and for a cessive use of a cetrieai power for operation of the system. y. During the'tarm of this agreement it shall be ► l covenant reaming with the leads. and the terms aad ; y i conditions berate shah tour* to the benefit of. and i (y) be binding and obligatory upon. the parties. their heirs, successors and,ass lgns, except as provided in ,>• , Paragraph a. below. J...: S. In the event,the Layer property should at anytime 'CQ• tV be subdivided. platted or otherwise be divided Into CV two or were parcels. the rights and obligations �1J created hereby shall be a covenant reaming only with p'• �. ..0 that parcel of real property upon which the veil Is O� located. CO In MITNtSS VHER10f the undersigned have set their i CO bands the daps and year below wri t*a. i bated: f2-ta-5& ric . !1 orot y J.1LYYCr OF Rob#r_ r 1 111 ro sa®r o ar e U. 15111or IF m Masb/*gees) s ss r r Y . of Ring) . + xr 0 his do to personally appeared before me Dorothy J. Layer, lrr *+r pted itbiaaand tareaoian®Instrument.ividual eand oschnod In usednd wed tho hat signed the same as her free and voluntary art and dead, for lbe uses a poses Rhereia mentioned. Dated---;,— 2s,mil MY Commission aepiross T-o•Y* nIr`blicc in and•Tor the State of gasbington, restding at seas y`$ + asblagtba) as i�afi o¢ f king) Sw l I is day parsonally appeared before me Robert L. Millar r R�e ap ie 0. Miller. to as harem to.be the individuate +ig$2'4 'ta oat -he axfeeted the within emd fernggolag fne Uuwent. ''gt}d' 4 tadgad .bah tbiY slgaad the aama as their fraa tot - Om¢ o act end daodx for the uses and purposes shorts aeotioned. My Camelsslon expires$ 't-w•7a a e n AR-TO-1- the state of des hinq tom, ramie{aq of _. ^�'�"'' .•'�CLU1�j1w}•+•m'.t�.4tAervewlµ v;:; . • �` n� + ,�'..�r��.Y^N1M1. ..•Q'��i..Ir"a�,•iini;..'tN,atY.` 1N.�fY•.+-'L.",�:.LT+ rm�yy''•� q� ':4.tM1 •.I:7,, Yt l^r�r.n yF:• r:.. "�; L^:' , �' Page 53 i� [•• EXHIBIT "A' fAatEL 1s The west halt of the oast half of the .. corthwoab quarter of the northeast quarter of Section 21, Township 22 North. Range S East, U.H.; _ Except the south SS fact thereof, and except road; 1.,. fir• # N - All situated to King county. washlhgton. �. Y.4:.• LD cu _1 • PARCEL 2: . N t-t The earth 125 fact of the west 86-feeb— of the cast half of the cast halt of the 6\ northwest quarter'of the northeast quarter . ' O of Section 21. Township 22 Borth, Range 5 East. W.H.: Except road; :.,..,. All situated is King county, Washington. to • �' L. .w'' fY•rt ^'�l{}C. , 'S'� T: o a .. - .�. •. •• ;�:S,.a"vY;�`.�.,:;C- :f.;:_ ... •:i±:�i=�•+ir . ; .�t.. 't�" 9: t' M; .`«.•' .;-::*ct.• •�s`:.--".,:i'_ '-.r.•;z ... r.•:'.�.a'61! «i.• .�:?ls�' Page 54 EXHIBIT '11" P 2*s Me Cap,IJW I OF vi--�•�, �� ` co10 O F-J] O � � coWAtL�L L lArr- Ill r '� E ' zlaeonw v'. Lpr� j2od�2T G./N�t-L.e�t_. �; � L'+• . :^L �ns�•v� Y�. i.�':� ,.Y.y,,1.i.�t. .. '1.�t. .. '1:-�� � •. F[ �y,..." .a. Page 55 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 0 Fax: 253-856-6050 KENT WASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services DATE: September 25, 2014 SUBJECT: Director's Report - INFO ONLY MOTION: None SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will informthe committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None j I i KENT WASRINCTON Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Dennis Higgins • Brenda Fincher September 25, 2014 - 5:00 p.m. Item Description Action Speaker(s) Minutes Page Roll Call Changes to Agenda 1. Approve minutes dated July 24, 2014 YES Council 02 01 2. 2015 Washington State Arts YES Ronda Billerbeck 05 09 Commission Grant - Accept 3. "I" CANN Fitness Equipment Donation YES Hope Gibson 05 25 for West Fenwick Park - Accept 4. Well System Maintenance Easement - YES David Galazin 05 27 Authorize 5. Termination of Well Agreement - YES David Galazin 05 37 Authorize 6. Director's Report — INFO ONLY NO Jeff Watling 05 55 Unless otherwise noted, the Parks and Human Services Committee meets the 4th Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032 For additional information or questions, please contact Teri Petrole at (253) 856-5101/ tpetroleCa)kentwa.gov 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 Page 1 Special Parks & Human Services Committee Meeting nNniowu"°monu�mdq P July 24, 2014 .pu,... K E N T WASHfNGTON Roll Call: Chair Debbie Ranniger, Committee members Dennis Higgins, and Brenda Fincher. Call to order: Chair Debbie Ranniger called the meeting to order at 5:02 p.m. Changes to Agenda: Not applicable - special meeting. 1. Minutes dated June 26, 2014 - Aoorove Committee member Higgins MOVED to approve the minutes dated June 26, 2014. Committee member Fincher SECONDED. The motion PASSED 3-0. 2. 2014 Second Quarter Fee-in-lieu Funds - Accept Hope Gibson, Manager of Parks Planning and Development reported that between April and June 2014, the City of Kent received a total of $19,425.00 from the following developers who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in local subdivision. The funds will be used at the park locations as noted below. • Green Tree Park: $9,000.00 from Sound Build NW • Springwood Park: $10,425.00 from Forest Ridge Court II Jeff Watling pointed out that later on in the agenda there is an item on the Green Tree Park restoration project in the Panther Lake area. The $9,000 from Sound Build NW will go toward supporting that project. Committee member Fincher moved to recommend City Council accept $19,425.00 for Fee-in-Lieu funds and amend the Park Lifecycle Program budget for future expenditures of funds in project budgets. Committee member Higgins SECONDED. The motion PASSED 3-0. 6. King County Directors Association Agreement for Plavaround Eguioment Purchase - Authorize Hope Gibson, Manager of Parks Planning and Development, displayed and identified Green Tree Park on an aerial photo. The park is located next to Emerald Ridge Elementary School and has the potential for a lot of afterschool activity. The play Page 1 Page 2 equipment is one of the oldest structures in the system. Staff applied for and received a $60,000 grant from King County Youth Sports Facilities grant. Fee-in-lieu funds will also assist in funding this project. Parks Director Jeff Watling commented that Parks Planning and Development Manager Hope Gibson and Parks Planner Brian Levenhagen have solicited a lot of feedback from the neighborhood to come up with the park concept and the play equipment plan. Parks Planning Manager Gibson reported that the design was inspired by staff reaching out and getting input from 70 children in the neighborhood, as well as three adults for the play equipment selection. This city is purchasing the playground equipment through the King County Directors Association (KCDA) Purchasing Cooperative Agreement. MOTION: Committee member Higgins moved to recommend authorizing the Mayor to sign the King County Directors Association agreement for up to $85,000, including contingencies, to furnish playground equipment at Green Tree Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. Committee member Fincher SECONDED. The motion PASSED 3-0. Committee member Higgins commented that he loves the project and that he used to frequent this park years ago with one of his children when he lived in the area. He is very excited to see this go in and it will be great for the neighborhood. 7. Kent Valley Loop Trails Master Plan Resolution - Adopt Parks Director Watling thanked Council for their leadership in this endeavor. This has been over a year in effort and work. Using virtual public meetings served as a great way of garnering a lot of great feedback. This plan takes all the visioning of the trails and connectivity to the river that spans 30 years. It takes all the visioning, and repackages it as a network of loop trails. What started as a vision for a one loop trail ended up being a system of five loops, varying in length that will attract both residents and non- residents. It's a great marketing tool that will attract residents. This plan takes care of what we have. Economic Development is just as supportive. Since the last Parks and Human Services Committee meeting, the plan has been through the SEPA process successfully. Jeff thanked Hope Gibson for her work on the plan. Staff is ready to adopt and send this plan into motion. Manager Gibson added that, REI, one of the city's favorite corporate partners is donating a $10,000 grant to assist with the signage. Director Watling stated that, as far as all the other ecological goals and priorities along the river with King County and the Army Corps of Engineers, this project is Page 2 Page 3 not meant to compete with the ecological goals but actually to meet that goal and add a social use. Jennifer Knauer and Loren Reinhold of King County have seen the plan and are in support of it. Watling commented that all of the complimentary goals can be balanced. Committee member Dennis stated that it seems that it goes hand-in-hand. Committee member Fincher MOVED to recommend Council adopts the Resolution adopting the Kent Valley Loop Trails Master Plan. Committee member Higgins SECONDED. The motion PASSED 3-0. Committee member Brenda Fincher said that the report was well written; had good style, and was easy to understand. She enjoyed the recommendations, especially the markers for signage and tracking. And for safety purposes, the plan assists users in knowing their location. And, it includes local attractions and marked places to meet up with people. She likes the areas where the road is part of the trail with the additional markings for the safety of bicyclists and vehicles. She thanked staff for all of their work on this. Manager Gibson thanked the hard work of the consultant who developed a readable plan that was user friendly. Chair Ranniger felt it was a milestone and game changer for the area. She looks forward to the implementation and the signage being installed. Committee member Higgins feels that people will look at this as an asset in the years to come, comparable to Lake Meridian and Lake Fenwick, or other significant recreational opportunities. This project is making the trails a destination point and a known entity. Manager Gibson commented that it couldn't have happened without the vision of the council and Park's staff is very appreciative of that. S. Meeker Street Underpass - INFO ONLY Parks Director Jeff Watling reported that staff was asked to lead an interdepartmental team with Public Works and Economic Development to look at potential capital improvements to the Meeker Street underpass. The underpass is a key link into downtown, not only for vehicles, but now with the new residential apartments being constructed downtown, for pedestrians as well. Additionally, this is the pedestrian walkway to the only grocery store in downtown Kent. The current underpass is not welcoming, so the new plan makes this area a more positive civil statement. Manager Gibson presented a diagram of the location of the area noting that the team focused on features that would improve safety, cleanliness, functionality, and aesthetics of the area. The plan addresses the four corners of the underpass and the triangular island which Public Works refers to as a pork chop. Page 3 Page 4 A conceptual plan was developed by Parks Planning and Development Manager Hope Gibson and presented at the meeting. The various components of the conceptual design include; moving the fence farther up the slope to create a better and safer pedestrian walkway, new lighting, power washing and painting the underpass and pillars, installing bird netting under the underpass to detour the birds from coming back, and new clean landscaping. The island signs would be removed at the intersection and new landscaping would be completed. Director Watling added, from a funding standpoint, staff will have to come back to a committee meeting to request that resources be transferred from the Strategic Opportunity fund to support this project. The Department of Transportation has been contacted to coordinate the lighting, netting, etc. The Economic Development Department and the Mayor's office are in full support of this project. The Parks Department would assume the responsibility of maintaining the area. Future phases include an art component, which has been discussed with Cultural Division staff. Bike lanes are being considered through Public Works. Director Jeff Watling answered to Chair Ranniger's inquiry that yes, all five spaces will have an irrigation system installed. Committee member Higgins reported that, through the Bike Master Plan, Public Works was asked to do a traffic count along that stretch of road. This was done in order to make it potentially three lanes with a center turn lane, as well as bike lanes, long term. No decisions have been made, but they were asked to look at the traffic counts. He wants to know what he can do to speed up the process for this project. Committee member Fincher believes it will be a big improvement esthetically. Committee Chair Ranniger commented that the project is "art waiting to happen" on the pillars. Mel Roberts, 9421 So. 241st Street, Kent WA 98030, 253-854-0952. Mr. Roberts attended the meeting, noting that he hadn't heard about taking the island on the southbound lane on Lincoln Street that turns east and making it wider and incorporating landscaping. Mr. Roberts shared his opinion on specific directions he feels the bike lanes should travel and commented that he the island area should not be enlarged so that westbound bike traffic would be accommodated. Committee Chair Ranniger directed Jeff Watling to carry Mr. Robert's suggestion to the Public Works Department. 9. 2014 Second Quarter Reports - INFO ONLY Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff Page 4 Page 5 considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. The quarterly contributions report shows over $24,000 in donations, cash, and in- kind materials for the third quarter of 2014. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of engaged partners, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and our services are resonating with our customers. Committee Chair Ranniger referred to the section under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that thus section refers to the 2013/2014 funding cycle and he will notify staff to adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. Director Watling responded to council's direction to discuss marketing the Riverbend property with the Economic and Development Department. The first phase was looking at the size and scale of the property. It was decided to hire a broker. As a result, Commercial Real Estate broker, Jones, Lang, LaSalle will begin the marketing efforts sometime in September. As requested, the marketing plan will be framed with the high expectation of quality in the development of the property, as well as the future of the property. The next phase is working on the entitlements of the property. The plan will be looked at and discussed for potential zoning options at the Public Hearing at the Land Use and Planning Board on Monday, July 28, when the committee will look at the potential uses of the property. ECD Director Ben Wolters, Director of Economic and Community Development attended the Parks and Human Services Committee meeting. He reiterated that staff is attending the Land Use and Planning Board Meeting on Monday to look for recommendations for action on zoning options. If recommended, the committee will move the item forward to the next Economic and Community Development Committee meeting. Recommendation would then go on to the next City Council meeting. The re-zoning of the property is what Council directed staff to do to ensure a quality development and a mixed-use development. Staff is seeking to capture those elements of quality, not only through zoning, but through any potential development agreement that will be part of the purchase and sales Page 5 Page 6 agreement. This will ensure the development plan for the property is what the city wants the property to become. And, the broker is very aware of this expectation. The property will not be sold just for the proceeds. The city's consistent message is that it will be a quality development. Committee member Higgins clarified that he was actually speaking to marketing at the golf course, but appreciated the update on the Par 3 property. Parks Director Watling responded that Riverbend staff will continue to pursue creative ways to market the golf course as they do utilizing social media. Staff is continually in pursuit of creating new promotions such as text blasts. Text blasts let golfers know of special deals for T-times when there are openings in the schedule. Director Wolters also wanted to speak to the Meeker Street Underpass Project. He wanted to highlight that, from an economic development perspective, he and Economic Development Manager Kurt Hansen both feel this project is going to assist them in marketing the Platform and other potential developments in the downtown area. The primary grocery store downtown is via the Meeker Street underpass, not only by car, but by walking and biking. The plan has already been discussed with the Economic and Development Committee and some elements of the plan may be in the Mayor's budget. Ben stressed the importance of this project, in part due to the emerging growth in downtown, including the potential for development at the golf course property. He feels it is a vital connection between the two areas downtown. These civic investments and civic statements are increasingly important to our economic and development efforts. 9. 2014 Second Quarter Reports - INFO ONLY Parks Director Watling said, once again, he is very proud of staff and the work the department does. He is proud to present these reports to the committee. Staff considers it a privilege to steward public spaces, offer programs, and work with the community. Staff continues to focus on key questions to our programs and services outcomes: How much do we do? How well we do it? And, is anyone better off? As provided by this report, the resounding answer from the community appears to be yes. The quarterly contributions report shows over $24,000 in donations, cash and in- kind materials for the third quarter. All of the donations fall under the $5,000 threshold and are not required to be accepted by council. This report is a great reflection of the number of partners we have, both privately and through businesses. It is a great indicator to see if we are meeting the public's needs and resonating with our customers. Committee CCair Ranniger referred to the section under Housing and Human Services / Increased Need of Community Resources. She asked for confirmation that the number of service providers listed in this section is for the 2013/2014 period and does not include recently notified applicants for the 2015/2016 funding. She asked for a more comprehensive look in terms of breaking down the data or Page 6 Page 7 aggregating it more in order to get a more detailed look at the funding services. As it reads now, it's not very helpful. Jeff Watling confirmed that staff will adjust the report. Committee member Higgins was pleased to see that Riverbend Golf Complex numbers are going up and he asked about any interesting marketing developments. Director Watling responded to council's direction to discuss marketing the Riverbend property with the Economic and Development Department. The first phase was looking at the size and scale of the property. It was decided to hire a broker. As a result, Commercial Real Estate broker, Jones, Lang, LaSalle will begin the marketing efforts some time in September. As requested, the marketing plan will be framed with the high expectation of quality in the development of the property, as well as the future of the property. The next phase is working on the entitlements of the property. The plan will be looked at and discussed for potential zoning options at the Public Hearing at the Land Use and Planning Board on Monday. The committee will look at the potential uses of the property. Ben Wolters, Director of Economic and Community Development (ECD) attended the Parks and Human Services Committee meeting. He reiterated that staff is attending the Land Use and Planning Board Meeting on Monday to look for recommendations for action on zoning options. If recommended, the committee will move the item forward to the next Economic and Community Development Committee meeting. Recommendation would then go on to the next City Council meeting. The re-zoning of the property is what Council directed staff to do to ensure a quality development and a mixed-use development. Staff is seeking to capture those elements of quality, not only through zoning, but through any potential development agreement that will be part of the purchase and sales agreement. This will ensure the development plan for the property is what the city wants the property to become. And, the broker is very aware of this expectation. The property will not be sold just for the proceeds. The city's consistent message is that it will be a quality development. Committee member Dennis Higgins clarified that he was actually speaking to marketing at the golf course, but appreciated the update on the Par 3 property. Jeff Watling responded that Riverbend staff will continue to pursue creative ways to market the golf course as they do, utilizing social media. Staff is continually in pursuit of creating new promotions such as text blasts. Text blasts let golfers know of special deals for T-times when there are gaps in the schedule. ECD Director Wolters spoke to the Meeker Street Underpass Project. He wanted to highlight that, from an economic development perspective, he and Economic Development Manager Kurt Hansen both feel this project is going to assist them in marketing the Platform and other potential developments in the downtown area. The primary grocery store downtown is via the underpass, not only by car, but by walking and biking. The plan has already been discussed with the Economic and Development Committee and some elements of the plan may be in the Mayor's budget. He stressed the importance of this project, in part due to the emerging Page 7 Page 8 growth in downtown, including the potential for development at the golf course property. Ben feels it is a vital connection between the two areas downtown. These civic investments and civic statements are increasingly important to our economic and development efforts. 10. Director's Report Parks and Recreation Commission Update Outreach for potential candidates for the Parks and Recreation Commission has begun. Numerous applications have been received by interested citizens. Staff will continue their efforts to reach partners through user groups, residents, and agencies to get the word out about this opportunity. Applications will be open until August 31, 2014. Anyone interested can apply online at www.KentWA.gov. There is also a link on the front page of the city's website that has a link to the application. Chair Debbie Ranniger adjourned the meeting at 5:32 p.m. Respectfully submitted, z ;�� Teri Petrole Parks and Human Services Council Committee Recorder Page 8 Page 9 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 t" Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Ronda Billerbeck, Cultural Programs Manager DATE: September 18, 2014 SUBJECT: 2015 Washington State Arts Commission Project Support Grant - Accept MOTION: Move to recommend accepting the $3,000.00 grant from Washington State Arts Commission and approving the expenditure of funds in the Kent Arts Commission budget. SUMMARY: The Washington State Arts Commission (WSAC) has awarded the Kent Arts Commission a program support grant for 2015. Kent Arts Commission will use the funding to support the presentation of a performance and educational outreach activity by Hawaiian slack key guitarist John Keawe, as part of Spotlight Series. EXHIBITS: Washington State Arts Commission Contract BUDGET IMPACT: Revenue and expense within the Kent Arts Commission budget Page 10 Page 11 WASHINGTON STATE ARTS COMMISSION Grant Contract Program: Project support—Level B—Mid-sized Arts OrganizationsFY15 Contract No.2015095 711 Olympia,WA 95504-2675 hereinafter referred to as the COMMISSION'and Capitol Way S,Suite 600,PO Box 42675,Olymp weenthe WASHINGTON STATE THIS CONTRACT is made and entered into by and bet ARTS COMMISSION, Nye; City of Kent Arts Commission Physical 220,4th A,yenne,Sonth Address: Kent,Washington 98032 Mailing 220.4th Ayenue 01 South Address: Kent,Washington 98032 Phone No: 253;856:5050 Web Site: https;((w,w.w:1len0rtscorn Washington State UBI: N/A Federal Empyto ee ID: Rl 6p ftW DUNS: 20253613 Social Security Number: NIA hereinafter referred to as the CONTRACTOR. _ AGgEE AS FOLLOWS: THE PARTIES MUTUALLY UNDERSTAND AND A, PiJIt.OSE OF CONTRACT an activity,project or s onsoring,promoting or adm nistering This Contract sets out the terms and conditions by which the COMMISSION provides a grant to e CONTRACTOR for tt a purpose of developing, p authorization for making the grant. The funding is administered ashington.RC under WAC Title 30. program which is related to the conservation and development of artistic resources of the State of W 43.46 provides the statutory B. DESCRII TION OF TIIE ACTT PITY PROJECT OR PROGRAM y ro osalfunded CONTRACTOR shall usort fodrsMid-sized Arts Organizations for FYlS as described in Attachment A:Scope of tYn'ough the Project Supp Work. C. AMOUNT OF GRANT Total amount provided under d thStatenFundsTnthe amoHoof ZERO AND 001100 Doollars (S 0.00)Oto the 1. The Commission provides CONTRACTOR. 2. The Commission provides Federal Funds in the amount of THREE THOUSAND AND 00/100 Dollars 3,000.00)to the CONTRACTOR. Applicablr Contract includes Federal Funds: 45.025 l Catalog ofDomest c AssistanceNo: 14-6100-2043l Orant No: page 2 of 13 Grant Contract No.2015095 '.., Page 12 ees to match this ant with cash and/or in-kind resources equal to or greater than the total 3' f ands p�Cded by the COMM'S SIGN. Payment schedule set forth in Attachment B. 4. payments will be made in accordance with the pay R must D. CONTRACT pERIOD p g August 15,2014 to June 30,2015 h The CON e COMNII ISS ON mmedr immediately n"Pend Funds are awarded for the Perm beginning Aug the end of the fiscal year. all funds by the ending date of this contract. The CONTRACTOR shall notify writing if any portion of the funds will not be expended by E. CONTRACT REPRESENTATIVES communications and billings regarding the performance of this in shall provide written notification to the other of changes contract representation. The following shall be the contact persons for all ContracC. Either party CO�SSION's Contract Representative CONTRACTOR'S Contract Re resentative: Nrame Christel Ratliff Name Ronda Billerheck and Title: Program Coordinator and Title: Cultural Progrnms Manager: Org. yyashington State Arts Commission Grg City,of I£ent Albs Commission Nye; Grants to organizations Name: Address: PO Box 42675 2204th_�S,yenve,Sou.h olympla,WA 98504-2675 Address: Kent,SVashingtog 98032 Phone: 360-586-0026 Phone: 253,856 5050 E_Mail; christel.ratliff arts.wa. ov - E-Mail: rbillerbeel kentriva. ov on State Arts Commission. Only the F. LIMITATION OF AUTHORITY or waive any The COMNIISSION's Agent shall be the Executive Director ofaren author ty to alter,amend,modify, COM IISSION's Agent shall have the express,implied,or apparent clause or condition of this contract.The Agent may delegate this authority,but such delxoeedures effective only if m writing.See General Terms and Conditions for Contract Amendment or Modificat on p G, RIGHTS AND OBLIGATIONS A11 sights and high by thiations s reference,the rt to this Contract a part of all be subj ct to this Contract and its attachments including the following, Attachment A: Scope of Work and Reporting Requirements Attachment B: Payment Schedule Attachment C: General Terms and Conditions Attachment D: Invoice voucher Attachment E: National Endowment for the Arts General Tenns and Conditions for Federal Funding Page 3 of 13 C�nt Contrnet No.2015095 Page 13 H. S L ab11: CTOR shall require the o in the event that services delivered pursuant to this contract involve the use of vehicles,either owned or unowned by the CONTRACTOR,the CONTRA to provide automobile liability insurance. The minimum limit for automobile liability is:$lOQ 000/$300,000 bodily injury and$100,000 property damage. parties. No other I ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the understandings,orator otherwise,regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J' Thy TOR shalt provide a Final Report to the COMNSlSSION within 30 days following the Contract Period ending data.All Final Report materials must be submitted through the COMMtSSION's Grants Online System at http://w'sac.cuhuregrants.org. THIS CONTRACT is executed by the parsons signing below who warrant that they have authority to execute this contract. WAgHIN!PTD ST TE ARTS CO 4INII5SION City of ent ArtsCom issr ma" J ..®. authorized to sign for C ACTOR) Karen Hanan,Executive Director (sf nature fp '��( ( t t Date: (printed name of signatory) �g�-k (printed titleofszgnatory) Dater I — Watt,Assistant Attorney General,State of Washington,July 11,2013 on file in fiscal office) APPROVED AS TO FORM: (Signature of Kathryn y page A of 13 Grant Contract No.2015095 Page 14 GRANT CONTRACT-ATTACHM' ENT"A" Scope of Work and Reporting Requirements Program- Project Support—LevelB—Mid-sized Art s OrganizationsFg'15 Contract No.201_509° CONTRACTOR:Cit of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: singer,songwriter John fission will present a public performance by Hawaiian slack-key guitarist, pro'Oct So ors assistance with: genus Hawaiian art forms—music, Kent Arts Comm performers will also present an art of the n will present Spothgbt Series.The concert will bring indict Keawe asp Arts Canter,Oct. 11,2014. The p dance,stories—to Kent-Meridian Performing educationallectureldemonstxationatKent-Meridian High School. SSION>anypublic Event Announcement and Documentation: funded under this The CONTRACTOR must provide to the Grants to Organizat ma office of the CO announcement,press release,or other direct mail or electronic mail announcement of the event(s) contract.The CONTRACTOR will mail such public announcements to: Grants to Organizations Washington State Arts Commission p0 Box 42675 Olympia,WA 98504-2675. Final Report Obligations State Arts Commission's Grants grant, The Every grantdate;this is a contractuor the al ob,WA),Grants to organizations,by must submit aFJnal Report to the Washington (ArtsWA}, stem 30 days following the contract ending State Arts CommissionSSION's Grants Online Sy Organizations,oor by the Washings the COMNR completed form must be received to AuAuy�?015.Final Report Materials must be submitted through http:/lwsac.cultuxegrants.org. Final Re ort Penalty: the August 1,2015 deadline will have a 10% anal deducted not submit nal Grant recipients tunegrantfromCfla is told organization'- from ons. from any fu ro rains are made possible by appropriations from the State ne ublic be ho Conta�� n I e�islator_ of at least one mien'that legislators hear about t e p The W ashmgton State Arts Commission's grant p $ Tents are regnireod tare not sure ho these elected Washington and the Natioa t f u ds Ftor t is reasontgrantrrec i ort. If y provided by ArtsWA s gr mcsentative as part),£their Final Rep letter to a stato senator or state rep' o to htt ;lla .le wa. ovldis rictfinder. officials are,or need their contact information,g VVR ART WORKS. arta.gM WAS141 GTON STKT ant.The ARTS COMMISSION promotional communications about the grant.which are asked to credit ArtsW A in p ant includes federal funding is and programs arts wa eov. If your grant eut for the Arts Recipients of gran ArtsWA logo maybe downloaded from the websitxe www_ arts eov. would be stated on page 1 of your contract},you are also obligated to credit the National En o (NEA)in the same manner as ArtsW A•Nl'A logos are downloadable at w._ww_,B OV Attachment A '.. Page 5 of 13 Grant Contact No.7,015095 '.., Page 15 GRANT CONTRACT-ATTACHMENT°CB" Payment Schedule Program: Project Support—Level B—Mid-sized Arts Organizations FYI Contract No.2015095 CONTRACTORt City of Kent Arts Commission will that paid to the CONTRACTOR by the COMMISSION in consideration of the following The CONTRACTOR f rees that funds as awarded in section(1)of the CONTRACT and in consideration f section (2)of the CONTRACT, terms and conditions: the CONTRACTOR in advance of the contract starting date stated in section 1. No funds will be paid to of the CONTRACT; 2. Payments will be made after the expenses for which COMM' funds were committed have been incurred; 3. All requests for payment shall be on the form of voucher set forth in Attachment D. our rant payments via direct deposit th ouarts.wght eDepartment of 4. You have the option of obtaining your are downloadable from www. Enterprise Services.The necessary resources. to the CONTRACTOR within h business days of receipt Of 5. The CO�SSION will make payment a properly completed invoice,which shall include documentation of authorized expenses. payment is as follows: (. The schedule for Amount MonthlYear $ 3,000-00 811/2014 lotion or upon project comp $ 3,000.00 TOTAL A`VARD — Atachntent B Page 6 of 13 Grant Contract No.2015045 Page 16 C,I;LANT CONTRACT-ATTACHMENT"C', General Terms and Conditions Arts Organizations FY15 Program: Project SuPPort-Level B-Mid-sized A Contract No.2015095 CONTRACTOR:C' Of ant Arts Commission TABLE OF CONTENTS This table of contents is for reference purpose'Only and shall not be considered a substantive Part Of his Contract AND DEFINITIONS......... A. MAD .....­2 B, GENERAL CONTRACT TERMS 2 '**"*.......... ............. Modifications. ­-,-*.......*..........................................I..................... Amendments Or ..............-...... .... ..._1............2 Conformance with Law ..... ............................. ...........2 Order of precedence........ ....... ................I-- ­'4...41­­,­­..... ...........................2 severability...................... ... .......... ........__1...... Waiver of Default or BrGENERAL ao PERFORMANCE AND GEN ::�� IRESPONSIBILITIES.. ............I.........I....... �2 C. t Fees...................................... ...............3 Covenant Against Contingent ....... ...... ........4.1......... Indemnification......*................ t*O...... ................ ..........1--.11- Independent Capacity of Contractor ontrac r........... ............................ .........._...............3 Nortassignability.................................................,............................ . ......... Publicity/Acknowledgements ........... .1......3 ...I......- ...... ...__....4.......__........................ , Reproduction........................................ ...... .................................. Services within Wasnington........................................... .*'6'*"**'*l 4 NG Sp C ioNS -3 D CO- C L S RFCQ .... .......I..._6...6........ 3 Act.6...... ...................................3 .............-.6.6........ Americans with Disabilities 4 Compliance with Applicable Law.............................. 4.6 ....... ................ ...................6. .....4­­­........... ....I...­ 1..4..6....4 Conflict of Interest— ....................... 4 Hazardous Substances................................................... _..... .- 4 Nondiscrimination Laws............................................................... ........ demialitY6­6.... -6-6-6-6......4 Public Disclosero'Collf' ....... .................. 5 1 and Reports..............*** ........... Rec,ords,I)OCulneat" t of Revenue...... ...... Registration with Department ...................... ......... R1.11t of Inspection......................................... AND BUDGET ... 1)t5u FUNDING RELWLUM'��MENT ............. ...................... L­i&pi�p hibited.16.....11.1 ...... __5 Advance Payments. to _11 ....I— ................................................................. ....... 5 Funds not Supplanting ....... ... ....6................. Taxes........­4....... ......... Travel and Per Diem................ 1.1616 NANDDISPUTES F TERMIN ........ 5 ��WNA�TION Al ..........4_6 .......6.611*11" Disputes—... .............................. Governing Law and Venue............11.1......... ............ -1.1.11 1.....................­­­........... ..........I.... ..... Savings .............. ......6­....... I--...........6..... 6 Termination for Coav , for Cause-.......­­_ .........___.......6.4-4 ..........6'**'* I t' or Suspension UW1r 6 Terminator, =N,4ENTS 11Z;�," NG R—EQ-- FIG FU7 NDI NALFEDERAL .......................... ­6 G—AD-7121TION .161.116-4.­_....... Application... .........*....... ..........._6 ..............P 6 publicity/AcknoWlegentents NEA General Termds and Conditions.-... .... .......... Attachment C, Page 7 of 13 Cimt Contract No,2015095 Page 17 A, HEADINGS AND DEp'INITION5 DEFINITIO S-As used throughout this Contract,the following terms shall have the meaning set forth below: on State Arts Com nisslon,any division,section,office,unit ion. . other "COMMISSION'shall mean the Wash ng entity of the Commission,or any of the officers or other officials lawfully representing that Commiss eAGENT"shall mean the Executive Director,Washington State Arts Commission,andtor the delegate authorized in writing to act on histher behalf. r entity that has been awarded dual or "CONTRACTOR'shall mean that firm,provider organizatio1a tees otf the CONTRACTOR. shall a grant of funds under this contract,and shall include all emp Y IAA"shall mean the National Endowment for the Arts•employment of the CONTRACTOR,who is per all or separate contract with the CONTRACTOR. The terms ,,SUB CONTRACTOR'shall mean mie not in the emp Y part of those services under this Contract under a tier. "Subcontractor"and"Subcontractors"mean Subcontractors)in any only and shall not be considered a ��—art Headings used this Contract are for reference Purposes substantive pof this B. GENERAL CONTRACT TERMS b mutual consent of the be amended or modified only y signed AV�NDMENTSORMODIFICTOR. Tobeteffectva any y amendment or modification must be m writing, COhRdISSION and CONTRA reemenbbinds the parties. by all parties,and attached hereto. Ao oral understanding of statute or rule CONF�"If any of law of the State of Washington,it provision of this contractviolates any reference. In the event of an is considered modified to conform toi that statute el rule of aN• byr in the following order: giving precedence ORDER OF PRECEDENCE—The items listed below are incorporated herein Ya liable Federal and State inconsistency in this Contract,the inconsistencyshall be resolved bng including pp 1. Applicable Federal and Washington State statutes and regulations Executive Orders. 2, Special Terms and Conditions of thiseContract, Requirements eluding a. Scope of Work and Reporting is g 2 b, Modifications to the General Terms and Conditions this Contract. 3, General Terms and Conditions 4. NEA General Terms and Conditions if Federal by reference�ttted y 5, All other attachments or material incorporated provision of this Contract or any provision of any document incorporated of reference SEVENIf any p provisions of this Contract which can be given effect without held invalid,such nvalidity shall not affect the other p the invalid provision,and to this end the provisions of this Contract are declared to be severable. W ANER OF DEFAI LT OR$REACH Waiver of any default or breach shall not be deemed to ca a waiver e any subsequent default Abreach.Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract- pRMANCE AND GENERAL RESPONSI&ILITIES o agent has C. PERF person or selling sg on an agreement or understanding for a commission, COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no p agent maintained eat fee,excepting bona fide employees or a bona fide established been employed or retained to solicit or secure this Contract up SSI bona shall have the right,in the event percentage,brokerage or contingu ose of securing business. The COMNII by the CONTRACTOR for the p rp CTOR,to annul this Contract without liability,or,in its discretion,to Of breach of this clause by the CONTRA other means the full amount of such commission, deduct from the contreaorp ice orent federation or recover by percentage,lire orag Attarfiment C Page 8 of 13 Grant contract No.201,5095 Page 18 permittedxtent by law,the CONTRACTOR shagentll s,mp oyees of the State INDEX_To the emnify defend,and fullest eincluding the CONI�BSSION and all officials,ag erformanoe of hold harmless the State of Was or failure to follow applicable law,acts that from, against any liability,damages,claims,suits anaori expenses arising out of or resulting from p but not limited to,injury to persons or prop Y>, atent, ademark,trade name or unfair co n ht, this Contract,including, , defend,and hold harmless includes any claim y are libelous or slanderous,and the Violation obt iog o ndemnifYubcontraetor or its employees.The trade practice law. The CONTRACTOR the CONTRACTOR'S agents,employees,representatives,orany CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. under this Contract are not mployees or agents of the INDEPENDENT CAPACITY OF CONTRACT O s Contract creates an IT contractor relationship. CONTRACTOR and its employees or agents performing ees or agents will not hold The CONTRA on.The CONTRACTOR and its employ Privilege e which COj&&sSION or the State of officers f Washington, application to or for any right or p g themselves out as nor claim to be off cars or employees of the COMMISSION or of the State of W ashington Y lly claim'demand,or app shall not control or otherwise supervise reason of this Contract and will not male ee under law. The COMMISSION would accrue to such an officer or employee the manner in which this Contract is performed. ssign this Contract,any rights or obligations under this NONASSImis ng nnd�A The CONTRACTOR this Con6aethal t prior written consent of the COMMISSION. Contract,or any e the COMMISSION in all CTORshallaoknowledg or print journalists, in- arson interviews With audio, df video, (the PUBLICITY/ACKNOWLEDGEMENTS—The CO orted,inPart, Y grant is Sapp printed or oral material and announcements,including p which result from this Contract,as follows:"This Program Washington State Arts Com mssion)." s to)at free,irrevocable,non- CTOR reli hie reproductionsShea to the aor othete and trw sts ee use data and copyrightable materials REPRO_ D_ U— G—TION-The CONTRAhic or graphic government purposes.Data exclusive license to make act provided and sound that result from this Contract,provided that such use or reproductions other printed matter,photographs, 1 internal documents such a ublications� Shall include,but is not In orpodses shall include, t area not limited to,( ) recordings.Government purebrochures,media publicity and catalogs or other similar p and(2)public releases such as advertising, applicable' social media or other electronic communications,provided that the author or artist is credited.All reproductions o copyrightable material by the State in public releases shall contain a credit to the author or artist where agrees that no funds under this Contract willSSION be used SERVICES WITHIN Wp SLINGTON-The CONTRACTOR agi r or authorization of the COMW for activities or services outside the State of Washington,without p INjSrLCTI D t-UMPLLA1iTCE SVLTLL LAWS RECORDKEEPLNG PUBLIC LAW 101 336,also referred to as the A OF 1990, which provides comprehensive civil AMERICANS WITH DISABILITIES ACT(AD ) 1 with the LA ADA"28 CRT part 35.—The CONTRACTOR must comp Y u rights protection to individuals wi blic accommodation,state and local th disabilities in the areas of employment,p government services,and telecommunications. OmPly l cwith all applicable and current regulations,L and policies,including all applicable local,state,and federal licensing, COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shalerformance of this Contract. federal,state,and local laws, g policy,the accreditation and registration requirements/standards necessary for e p applicable law or p Y> Nance or refusal to comply with any art The COMMISSION In the event of the CONTRACTOR'S noncomp• ant awards from the COMMISSIQN. CONIlv1ISSI0N may rescind,cancel or terminate this Conhact for cause in whole or in p al other tribunal, so may declare the CONTRACTOR ineligible for fur her gi' an determination b terminate this Cont ac Bf t s unit after due cc Act,Chapter fo CONFLICT QF INTEREbT• �nt otioeto the CONTRACTOR, the COMMISSION may> Y oxforrnance under,this 4 notice and examination by the COMMISSION that there is a violation of the Ethics in Public Servi2.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or p Contract._ Attachment C Page 9 of 13 Grant Contract NO,2015095 Page 19 provided above,the COMMISSION shall on entitled to Put the CONTRACTOR. In the event this Contract is tee the Same rminated as p ursue in the event of a breach of contract by remedies against the CONTRACTOR as it could p Agent makes any pro for in this clause shall not be exclusive and are in addition law. The existence of facts upovidedon rch the in he"Disputes"clause of this The rights and remedies of the COMMISSION p be reviewed as p to any other rights and remedies provided by determination under this clause Shall be an issue and may Contract. Protect and hold harmless COMMISSION and ainst any and all liability,cost(including but not limited o 111 HAZARDOUS SUBSoANS and/c,r agen The ts,from and0ag will defend,re from any and all claims or suits resultinm from il any and all of its employee, s fees)and any and all loss of any costs of defense and attorneys' the presence of,or the release or threatenedrelease of,hazardous substances as defined by state and federa law with the property covered by the Project' 'TOR shall comply ATION LAWS—During the performance of this Contract,the CONTRA NONDISCRIMIN policies,If the or CONTRAS ON may rescind,nd>cancel,or olicies,the COMNU ineligible for further contracts all federal and sly with nondiscrimination laws,laws,rcgulations or p fiance. refuses to comply p also declare the CONTRACTOR inehg CTOR shall be given a reasonable time n wh ch to cure noncornp terminate this Contract in whole or in art and may provision in this Contract. With the COM CSSION. The CONTRA Any dispute may be resolved in accordance with the"Disputes"p ilges that the COMMISSION is subject PUBLIC DISCLOSUREiCONFIDEN HALITY—CONTRACTOR Contract s the CONTRACTOR to be confidential or to Chapter 42.17 RCW,the Public Disclosure Act and that this Contract shall be a public record as definednR IW 42.17.250 through 4219340. Any specific information that is claimed by proprietary m of all such informal on marked we lltnotify the must be clearly identified as snobby the CONTRACTOR. To the extent consistent with Chapter at or RCW,the COMMISSION shall maintain the confidentiality requester unless proprietary. If a request is made to view the CONTRACTOR'S 'd to the COMMI CONTRACTOR of the request aio t1SSI0Naw 11 records rrequest information on he date tain the court specified. CONTRACTOR obtains a court order enjoining that disclosure. Tf the CONTRACTOR fails to ob order enjoin ng disclos ue,the C CTOR shall maintain complete financial records, at RECORDS DOCUMENTS AND REPORTS—The CONTRA property reflect a red under this Contract. The approved records e app including all accounts,books,reco lase expenses incurred and�evenues acq e hat suffi anted in thI all direct and indirect costs of any the CONTRACTOR shall be the projin accordance must clearly show that matching expenditures,if require d,are not less than the amoun ect finances application and this Contract.The s d ystem of son e applied in a consistent manner so ri ill Jig emp loye d by with generally accepted accounting principles,an w b that can be clearly identified, Ypersonnel duly authorized by These records shall be 5object ea of the State Auditor tor,g to and Federal officials a other law, rule regulation,or the COMMISSION> ion of the six(6) ears after termination or expiration of the Contract,and make them available for inspection by contract. The CONTRACTOR fth retain aII books,records,documents,and other materials relevant to this Contract for six y rovision. If any litigat on,claim or audit is started before the exp ave boon persons authorized under this p year period,he records shall be retained until all littgation,claims,or audit findings involving the reolC�ed ehistration, resolved. The CONTRACTOR shall comp g on State Department of Revenue,P.O.Box 47450,Olym pi Sents WA made u der REGISTRATION WITH THE DEPARTMENT OF REVENUE ent of ail taxes due on p y if required by law,with the Wash ngt The CONTRACTOR shall be respo httpa/dor.wa.gov. nsible for paym this Contract. in any monitoring or ludin Y SSION pertinent to tht of access totthe facilities and/or sit right the entry RIGHT OF INSPECTION—The CONTRACTOR shall cooperate withintent of and freely participate contract, evaluation activities conducted b the COMMI rovide right other authorized agent or for periodic site inspections.The CONTRAS IONCTOR$onto any of its officers,or to any activity,project,or program to the CONLMI overmnent at all reasonable times,in order to monitor and official of the State of Washington or the Federal g evaluate performance,compliance,and/or quality assurance under his Contract. Attachment C page 10 of 13 Chant Contract No. B5 95 Page 20 F. FUNDING REIT%BURSFMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. itributions,any other taxes, T othEer expenses for he COUed on account NTRACTOR o�is staff syroll h all 11 be the sole r sponsibes unemployment cot li y of the CONTRACTOR, 'TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to bs for reimbursed for and per out-othem f-pocket effect ales,the,C ties -ACTOR incurred.TheCOMI MISSIOursed for travel e N reserves thexpenses at the right to audit mileage documents supporting billings made for out-of-pocket expenses. F. TFRMINATION AND DISPUTES pute hearing DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be r n this section.direct Either tiattion,rty's either ithreq estpforyd spute hearing ay request a must be in writing and clearly stateof the other : to the process set outs 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR's name,address and project titic. thin 5 working days after the parties agree The requesting party a shall mail the request for hearing to the other party a shall that they cannot resolve the dispute.Within 5 working days of receipt of the request,the receiving p respond by either accepting or refusing the request for dispute resolution.panel of three persons consisting of one If both parties agree to a dispute hearing,the dispute shall be heard by a p and a third person chosen by person selected by the CONTRACTOR one person selected by the COMNIISSION, the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be ee. Provisions of this Contract shall goveu the It in deciding the determined by the panel according to the nature and complexity of the issues involved. The process maybe disolely based upon written material if the parties so agr disputes.The parties shall equally share all Bost associated with implementation of this proc:ss. The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding concerning the Contract. The parties agree that these dispute resolution proceedings shall precede a y action in ajudicial or lealternative shall es limit parties' choice of a mutually acceptable di put resolution method i addition to thdpu dispute procedure outlined above. GOVERNING LAW AND VENUE- Washington law shall govern this Contract. In the event of a lawsuit involving this Contract,venue shall be proper in Thurston County. SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the fin unds . I to normal termination of the ar inmate the Contract without advance notice,under this Contract rio the COMNvBSSION's discretion,the part es may lrreeneg Sate the t =ditions.If this Contract lContract iable only der those new funding lid itaor tio ns incurred in accordance with theetenns terminated,s so th sContract prior to the arties shall e for effective date of termination. Contract upon 15 days'prior written is TERMINATION FOR CONVENIENCE tracter party is so term nal ay er the parties shall be liable only for performance notification to the other party rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMNATION OR SUSPENSION FOR CAUSE—In the event the COMNIISSION determines the haOs the ght OoR spond ort erminaelthe1ContractnBtefore suspend ng or terrain ng the Contract,f corrective MWSSION the end the Contract,n ts�oNttaken a en wOitlun fifteen(1)dayOs of reAeivinOg notice,tth�COhMMISSION may terminate or susp AttachmentC '. age 11 Grant Contract No.201-, 5.095 Page 21 If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make repayment within thirty(30)days of the demand. If the COMMISSION is required to institute legal proceedings to. enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys' fees.However,repayment shall not be the sole or exclusive remedy available to the COivLMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMSSION may elect to exercise any single, any combination,or all of the remedies available to it under this Contract,or under any provision of law,common law,or equity. G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS. APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following conditions. PUBLICI'PY(ACKNOWLEDGEMENTS—The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: "The CONTRACTOR shall acknowledge the COMMSSION and the NEA in all printed or oral material and announcements,including in-person interviews with audio,video,or printjournalists, which result from this Contract,as follows:"This program is supported,in part,by a grant from the Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for the Arts." Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment E. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this -- - Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules, regulations and ONM Circulars)enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR.As a subgrant recipient,the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Grant Contract ldc.2415495 Page 12 of 13 Attachment C Page 22 Washington State Arts Commission CONTRACT—ATTACHMENT E !National Endowment for the Arts (NEA) Federal Subgranting Requirements Updated July 2013 This grant includes federal funds from the National Endowment for the Arts. Signing and returning your grant contract confirms your compliance with all pertinent federal requirements, regulations and laws, including the following: ng rject costs between A Project costs more Federal awards. This grant may not be orted by the NEA—There may be tovmatcph'a d petit grant from the NEA (or vice versa). B. Uniform Administrative Requirements—establishes administrative standards to ensure consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that are non--profit organizations, colleges,and universities; 45 Code of Federal Regulations Part 1157 applies to grantees that are units of state and local governments and federally recognized Indian Tribal governments. c. Cost Principles —establishes allowability of costs for work performed under an Arts Endowment award. OMB Circular A-122 applies to grantees that are non-profit organizations other than institutions of higher education; OMB Circular A-21 applies to public and private institutions of higher education; OMB Circular-87 applies to local governments and federally recognized Indian tribal governments D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied benefits of, or be federal financial nnancial a subject assistance. Title VI also extends discrimination protection to persons withlimited h Engl s'hg language proficiency. E. Title IX of the Education Amendments of 1972 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. . G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance. Under this regulation, a federally funded arts program when viewed in its entirety must be accessible to all persons. The National Endowment for the Arts issued its regulations in 1979 (amended 2003) to enforce the existing law (45 CFR 1151). You must have a Section 504 self-evaluation on file at your organization. Additional information, including The Arts and Humanities Accessibility Checklist, is available online at http://www.arts.govL/iresoiirces/Accessibili - H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the basis of disability in employment (Title 1), State and Local Government Services (Title 11), and places of public accommodation and commercial facilities (Title 111). I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505. You provide this assurance by signing and returning your grant invoice(s)to ArtsWA. J. Federal Debt Status (OMB Circular A-129) —you may not be delinquent in the repayment of any federal debt. K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 an 12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a Page 23 grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or any other cause of so serious or compelling a nature that it affects an organization's present responsibility, they may suspend funds and debar the grantee from future federal funding for a period of up to three years. Signing this grant contract also confirms that you are presently fit to administer the terms of the grant, with no evidence to the contrary or any previous cause for debarment or suspension. L. The National Historic Preservation Act of 1966 applies to any Federal funds that would support either the planning or major renovation of any structure eligible for or on the National Register of Historic Places, in accordance with Section 106. M. The National Environmental Policy Act of 1969 applies to any Federal funds that would support an activity that may have environmental implications (e.g., outdoor murals, outdoor festivals, outdoor sculptures, etc.). N. Prohibition Against Lobbying: OMB CircularA-1221 Section 319 of Public Law 101-121, codified at 31 U.S.C. Sec. 1352 145 CFR Part 1158: grantees must adhere to the prohibition against lobbying within a federally supported grant project which states that no federal appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into any federal grant or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. O. Native American Graves Protection and Repatriation Act of 1990 applies to any organization which controls or possesses Native American human remains and associated funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act. Additional information about the above federal requirements are available on the NEA website http://www nee gov anana leaward/GTC.pdf. In addition the IVBA requires that You: ® Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information or reports necessary for us to fulfill all applicable Federal reporting requirements. • Use U.S. air carriers for foreign travel consistent with the Fly America Act. • Maintain financial records and supporting documents pertinent to the award for three years following submission of your final report. During the project period and the subsequent three- year retention period, ArtsWA reserves the right to request timely and unrestricted access to project records. • Make your best effort to purchase American-made equipment and products, consistent with the Buy American Act. Page 24 Page 25 ',.. AdL PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Aev Fax: 253-856-6050 WA5HINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Hope Gibson, Manager Parks Planning and Development DATE: September 25, 2014 SUBJECT: "I" CANN Fitness Equipment Donation - Accept MOTION: Move to recommend Council accept the fitness equipment donation from King County "I" CANN for West Fenwick Park, valued at $14,000.00. SUMMARY: The City of Kent has been given $14,000.00 worth of outdoor fitness equipment by the South King County Community Activity Nutrition Network initiative ("I" CANN). This equipment will be installed by staff to replace aging equipment along an existing fitness trail in West Fenwick Park. EXHIBITS: None BUDGET IMPACT: Impact to the city's asset list Page 26 Page 27 LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 T Fax: 253-856-6770 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Well System Maintenance Easement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Well System Maintenance Easement between the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte, subject to terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Cris LeCompte and Maureen Korsmo-LeCompte (collectively, "LeComptes") own a parcel of land adjacent to property in the Clark Lake Park area that the City recently purchased. The LeComptes' parcel is serviced by a domestic water supply well that is located on the City's property, but the City has no use for the well. This Easement grants the LeComptes the right to enter the City's property to use, access, inspect, monitor, construct, reconstruct, restore, maintain and repair the domestic water supply well. EXHIBIT: Well System Maintenance Easement BUDGET IMPACT: None Page 28 Page 29 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW114, NE1t4 STR 21-22N-5E King Co., WA ADDITIONAL LEGAL DESCRIPTION: See Exhibit A. page 6 ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043: 212205-9003 Project: CLARK LAKE PARK ACQUISITION WELL SYSTEM MAINTENANCE EASEMENT i WITNESSETH that the CITY OF KENT, a Washington municipal corporation ("Grantor"), for and in consideration of mutual benefits derived and other valuable consideration, receipt of which is hereby acknowledged by Grantor, hereby grants and conveys to Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (collectively, "Grantee"), an appurtenant, nonexclusive Well System maintenance easement through, across, upon and within the following described real property situated in King County, Washington, more particularly described in Exhibit "A" and as depicted in Exhibit "B" ("Easement Area"), both attached and made a part hereto. 1. Purpose and Access. Grantee shall have the right to use the Easement Area only for the purpose of using, accessing, inspecting, monitoring, constructing, reconstructing, restoring, maintaining and repairing a domestic water supply well, including water distribution lines, necessary pump equipment, and appurtenant electric power distribution lines ("Well System"), including, but not limited to the right to remove vegetation, structures, or obstacles as may be necessary within the Easement Area. Grantee's rights specifically include reasonable rights of ingress LeCompte and City Well Maintenance Easement Page 1 of 7 Page 30 and egress directly from SE 240th Street across Parcel No. 212205-9043. Grantee's use of the Well System shall be limited to only that water supply reasonably necessary for one domestic single-family residence. If any damage is caused by Grantee's use of the Easement Area, Grantee shall promptly restore the property to equal or better condition. 2. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. 3. Future Relocation. Should Grantor, at its sole discretion, require the relocation of the Easement Area for any public purpose, Grantor may relocate the Easement Area and the Well System and related appurtenances, at Grantor's sole cost and expense, provided that Grantor shall give written notice to Grantee ninety (90) days in advance of said relocation. Grantor covenants with Grantee that any new Easement Area shall be in the vicinity of the original Easement Area. Upon notice of relocation, if Grantee does not wish to use the new Easement Area, Grantee may choose to terminate this easement, and the provisions for termination and restoration in Section 5 hereafter shall apply. 4. .Responsibility and Indemnification. Grantee shall at all times observe and perform all laws, ordinances, rules and regulations now or hereafter imposed by any governmental authority which are applicable_to Grantee's use of the Easement Area, and shall not at any time make or suffer any strip or waste or unlawful, improper or offensive use of the Easement Area. Grantee shall indemnify and defend Grantor and hold Grantor harmless against all claims, loss, damages, liability and expense (including reasonable attorneys' fees) incurred or suffered by Grantor and all actions or proceedings by whomsoever brought or made against Grantor with respect to (i) any acts or omissions of the Grantee or anyone claiming by, through or under Grantee, or (ii) any breach of Grantee's covenants or obligations under this Grant; provided, however, that nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the sole negligence of Grantor or the negligence of others unless such others are agents of or otherwise under the control of Grantee. 5. Termination. Subject to the provisions of Section 6 below, the rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for the uses herein permitted for a period of one year, in which event this easement shall terminate by these terms along with all of Grantee's rights hereunder. Upon termination, all portions of the Well System within the Easement Area shall become the sole property of Grantor, and Grantee shall have no further rights to use or benefit from the Well System; provided, however, that upon termination Grantee shall restore any portion of the Easement Area damaged by Grantee's activities under this easement to its original condition, to Grantor's reasonable satisfaction. LeCompte and City Well Maintenance Easement Page 2 of 7 Mfile¢\i)065hYih-PertelmP -QahU \Wel Maln@Yazce Eaaement0901t6.tlac Page 31 6. Availability of Public Water Supply. At such time as a public water supply is available to the Grantee's property immediately adjacent to the property line (and along the south side of S.E. 240`" street, King County, Washington), the Grantee's property shall be required to connect to such public system and water from this Well System shall no longer be provided and this easement shall be terminated, subject only to Grantee's responsibilities pursuant to Section 5 above. 7. Repair and Maintenance, Grantee shall be solely responsible for the cost of repair and maintenance of the Well System and all waterlines and electric power distribution lines within the Easement Area. Grantee shall keep and maintain the Well System and related appurtenances in good repair and condition, and shall be responsible for causing such repairs and maintenance to said portions of the system as Grantor reasonably deems necessary. S. Protection of the Well System. Grantee, at its sole discretion, shall have the right pursuant to this easement to protect the Well System, including the well head, from tampering and vandalism. Notwithstanding Grantee's rights with regards to protecting the Well System, the Grantor shall have reasonable access to the Well Head if necessary. 9. Successors and Assigns. During the term of this easement, it shall be a covenant running with the land, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon the parties, their heirs, successors and assigns. GRANTOR: CITY OF KENT BY: Print Name: Suzette Cooke ITS: Mayor Date: ACCEPTED BY GRANTEE: Cris LeCompte Maureen Korsmo-LeCompte By: By: Print Name: Cris LeCompte Print Name:Maureen Korsmo-LeCompte Date: Date: (Notary Acknowledgements Appear on Following Pages) LeCompte and City Well Maintenance Easement Page 3 of 7 R�,�Nll�-P.-1111.11h��k.\IdlW�,—.,.Ea-111os,..do Page 32 STATE OF WASHINGTON ) } ss. COUNTY OF KING } I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement Page 4 of 7 Page 33 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- L..... IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LeCompte and City Well Maintenance Easement '... Page 5 of 7 MiRFlies\OOen Flle9\I70C59hrk PCke Ckk Clark Lakr\fill Malntenanm ESement 09033a,tloc Page 34 EXHIBIT A EASEMENT WELL WATER SERVICE LINE APN #2122059043, 212:2059003 THAT PORTION OF LOT 1, KING COUNTY SHORT PLAT NUMBER 674032, RECORDED UNDER RECORDING NUMBER 7708030801; RECORDS OF KING COUNTY, WASHINGTONI, IN THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; TH-ENCE N00057'08"E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 105,27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `vA", SAID .POINT BEING THE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE N87026'53"E 14,48 FEET; THENCE N6002643"E 19.52 FEET; THENCE N15057'38"E 12102 FEET; THENCE N01026'15"E 37.33 FEET TO-A-POINT THAT-LIES-195;00 FEET SOUTH, WHEN MEASURED AT RIGHT ANGLES, TO THE NORTH LINE OF SAID SECTION, AND THE NORTH TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; AND BEGINNING AT AFORESAID POINT-A"; THENCE S8712653"W 37.87 FEET TO THE WEST TERMINUS OF THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF SAID STRIP OF LAND SHALL BE EXTENDED OR SHORTENED AS REQUIRED TO EXTEND AT ANGLE AND END POINTS. CONTAINING 1,212 SQUARE FEET, MORE OR LESS. i a rs � i Page 35 I SEC16 _ NE SEC 21 SE 240TH ST ------- ----- -------- I i o 4 m PARCEL# I 212205-9666 I I I I I I PARCEL# PARCEL# 212205-9003 212205-9043 r �5a � I 5 L3 LA Ling Table L1 Llne# Lengrfi Olrecklon I I I L2 POINT OF BEGINNING POINVA" L2 lags` N$7^A3°E, W L3 16.52' N60g26'43^E; 00 N LA 12.02' N15 673$o' o L5 - 37;33' N1 2616°E IMPORTANT: 5 SWCORNER THIS IS NOTA SURVEY,ITIS LOT 1 FURNISHED AS A CONVENIENCE SP#674032 TO LOCATE THE LAND INDICAYE HEREON WITH REFERENCETO STREETS AND OTHER LAND,NO LIABILITY IS ASSUMED BY Projecig Parks-Clark LK REASON OF RELIANCE HEREON, CLARK LAKE WATER LINE LOCATED IN.THE EAST HALF OF THt EASEMENT NW 114 OF THE NE 114 OF SEC 21, CCETSIT DRAWN BY: JAF TOWNSHIP 22 N.RANGE 6 E,W.M. w""N11O1O" EXHIBIT 1 CITY OF KENT SCALE: 1°=50' B LAND SURVEY SECTION DgTE: 818/2$1a ! Page 36 Page 37 LAW DEPARTMENT Tom Brubaker, City Attorney ® Phone: 253KEN -856-5770 T Fax: 253-856-6770 WA HIN OTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: David Galazin, Assistant City Attorney DATE: September 25, 2014 SUBJECT: Termination of Well Agreement - Authorize MOTION: Move to recommend Council authorize the Mayor to sign the Termination of Well Agreement encumbering properties currently owned by the City of Kent and Cris LeCompte and Maureen Korsmo-LeCompte. SUMMARY: Dorothy J. Loyer, Robert Miller and Marjorie Miller entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), encumbering two parcels of real property. This Well Agreement was subsequently amended on February 28, 1989, by an Addendum recorded as Document No. 8902281152. The City is the successor in interest to Dorothy J. Loyer, and the current owner of one of the properties subject to the Well Agreement. Cris LeCompte and Maureen Korsmo- LeCompte are the successors in interest to Robert and Marjorie Miller, and the current owner of the other property subject to the Well Agreement. The City has determined that the Well Agreement is no longer necessary, and Cris LeCompte and Maureen Korsmo-LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County. EXHIBIT: Termination of Well Agreement BUDGET IMPACT: None Page 38 Page 39 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Kent PARKS ADMINISTRATION 220 Fourth Avenue South Kent, WA 98032 TERMINATION OF WELL AGREEMENT GRANTOR: CITY OF KENT a Washington municipal corporation GRANTEE(S): Cris LeCompte and Maureen Korsmo-LeCompte husband and wife SHORT LEGAL: PTN OF NW1/4 NE1/4 STR 21-22N-5E King Co., WA ASSESSOR'S PROPERTY TAX PARCEL(S): 212205-9043; 212205-9066 REFERENCE NUMBERS OF RELATED DOCUMENTS: 8901030642 8902281152 Project: CLARK LAKE PARK ACQUISITION Termination of Well Agreement Between LeCompte and City of Kent Page 1 of 5 Page 40 TERMINATION OF WELL AGREEMENT This TERMINATION OF WELL AGREEMENT ("Termination") is executed this day of , 2014, by the City of Kent, a Washington municipal corporation ("City") and Cris LeCompte and Maureen Korsmo-LeCompte, husband and wife (Collectively, "LeCompte"). Recitals A. Dorothy J. Loyer ("Loyer"), and Robert L. Miller and Marjorie D. Miller, husband and wife (collectively, "Miller") entered into a Well Agreement, dated December 28, 1988, and recorded on January 3, 1989, as Document No. 8901030642 in King County, Washington ("Well Agreement"), attached hereto as Exhibit 1, encumbering two parcels of real property legally described on Exhibit "A" of the Well Agreement. B. This Well Agreement was further amended by that Well Agreement Addendum recorded on February 28, 1989, as Document No. 8902281152, attached hereto as Exhibit 2. C. The City is the successor in interest to Loyer, and the current owner of the property identified as Parcel i on Exhibit "A"of the Well Agreement. D. LeCompte is the successor in interest to Miller, and the current owner of the property identified as Parcel 2 on Exhibit "A" of the Well Agreement. E. LeCompte and the City desire to execute this Termination to formally terminate and remove the Well Agreement, as amended, from the real property records of King County, Termination NOW THEREFORE, in consideration of the covenants contained herein, and for other goods and valuable consideration, the receipt and sufficiency of which are hereby acknowledged: 1. Termination. LeCompte and the City hereby execute this Termination in order to terminate and remove the Prior Recorded Document from the real property records of King County, Washington, 2. Effective Date of Termination. This Termination shall become final and effective on the date recorded. At the time of recording of this Termination, all conditions, requirements, responsibilities, and/or liabilities established by the Well Agreement, as amended, shall cease and their terms shall become null, void, and unenforceable. Termination of Well Agreement Between LeCompte and City of Kent Page 2 of 5 Page 41 3. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall be in King County Superior Court. 4. Recitals: Counterparts. All recitals and exhibits are incorporated herein by reference and shall be considered material parts of this document. This Termination may be executed in counterparts, each of which shall constitute one original and all of which together shall constitute one and the same document. IN WITNESS WHEREOF, LeCompte and the City have caused this Termination to be executed. CITY OF KENT By: Its: Mayor Date: CRIS LECOMPTE Cris LeCompte Date: MAUREEN KORSMO-LECOMPTE Maureen Korsmo-LeCompte Date: Termination of Well Agreement Between LeCompte and City of Kent Page 3 of 5 Page 42 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I 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 was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires i Termination of Well Agreement Between LeCompte and City of Kent . Page 4 of 5 Page 43 STATE OF WASHINGTON } } ss. COUNTY OF KING } I certify that I know or have satisfactory evidence that Cris LeCompte is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. -Notary Seat Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Maureen Korsmo- LeCompte is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the 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. (Signature) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires P.\<IVIMe-\Open Flles\t]00-SXulle-Porte4a PSAtlari[lake\?emiieatian aF Wnll/a9reameift.tloa Termination of Well Agreement Between LeCompte and City of Kent Page 5 of 5 L..... Page 44 I EXHIBIT 1 4 AFTER RECORDING RETURN TO: Johri E. Nelson, Attorney 601 West Gowe Kent, WA 98032 gc.n2+p3 ia09.42 g REED Q,OD ' r9Suci ****9.00 9g WELL AGREEMENT ' Agreame:t entered into between. Dorothy J. Layer, a widow, and Robert L. Miller. and Marjorie D. Miller, husband and wife, the day and year .last below written. RECITALS A. Dorothy J. Layer, hereinafter referred to as =` "Layer", is owner of that real property particularly N described on the attached Exhibit "A", incorporated by. . • herein by this reference, as Parcel 2, and hereinafer referred to as the "Layer property". rn B. Robert L. Miller and Marjorie D. Miller, Q hereinafter referred to as "Miller", are owners ,of that p real property particularly described on the attached C1% Exhibit "A" as Parcel 2, and hereinafter referred to as co the "Miller property". WED c C. Each property now has one single family my $ residence constructed on it. 'Y C nm D. The parties are desirous of entereing into am*.•r' ^� b agreement for the operation, maintenance and repair of a private domestic water supply system from the water well on the Layer property. E. The terms"system", "well system" and "waterer w ` system" shall mean the water well , pump, tank, water pump equipment, regulators, pumphouse and waterlines from said water well to the exterior of the residences Z designated in Paragraph C above, all of which are located on the Layer property and the Miller property t and which are located approximately as shown .in Exhibit "B", c attached hereto and incorporates herein by this reference. NOW, THEREFORE, in consideration of the mutal covenants and conditions contained herein, the parties iagree as follows: 1. All parts of the well system and all waterlines shall be kept in ,good repair and condition and maintained by the party designated herein and at that party's expense, unless otherwise specified. Each party shall be responsible for the goad repair and condition of its own water system in each residence from its point of entry into• such residence. Miller shall be responsible for repair and maintenance of all waterlines on the Miller property. Layer shall be responsible for repair and -Page One- P 1 . ., tC':4.ski.. we ?.... .Qt w.. )'s`•'+"• ;-!f.•, r, vp Page 45 t L maintenance of all watelines on the Loyer property 2. The parties shall be jointly responsible for the cost of repair and maintenance of the well system and common waterlines on the Loyer property and the waterline from the common waterline to boundary b?cween the Loyer ,property and the Miller property. Loyer shall be responsible for causing such repairs and maintenance and repairs to said portions of the system as Loyer deems necessary. Upon completion of any repairs and/or maintenance, and payment therefor, Loyer shall send notice to Miller of the cost thereof. Miller shall, pay to toyer within ten(10) days of receipt of notice of ^=` such charges one-half of the amount expended. a Notice mailed to Miller by Loyerby U.S. mail , first class postage prepaid, at the Miller property shall be deemed to have been received three(3) days + ' after the date of mailing. t;.S Loyer shall not be responsible for damages of any kind as a result of failure to maintain _ andlor 'repair as provided in this Paragraph 2. i M 3. The use of the well system shallbe limited !: 2to the supply for one domestic single family residence ' for each party on each of the respective properties. O In other words, the Loyer property and the Miller c property shall be entitled to,a domestic water supply for no more than one single family residence each. 4. At such time as a public water supply is { available to the Miller property immediately adjacent t to the property line (and along the south side of { S.E. 240th Street, King County, Washington) , the 'Miil.er ! property shall be required to connect to such public system and water from this well system shall no longer be provided and this agreement shall be terminated. Any easement and/or covenant for .the protection of the well system and/or the well location which is theretofore in effect shall remain in full force and effect and shall not affected by this paragraph or such termination. 5. Miller shall pay to Loyer the sum of Five and no/100 Dollars($5.00) per month, payable quarterly beginning the first day of January 1989, and continuing on the first day of each quarter thereafter so long as this agreement is in effect. This agreement shall remain in effect 'until terminated under Paragraph 4, above. Upon termination of this agreement Loyer shall be owner of all portions of the system lying in, on or under the Loyer property, and Millar shall be owner of all portions ! of the system lying in..-on or under the.Mftler property. 6. In addition to tf* pfigvist&ns for payment under 6 Paragraphs 2 and S. above, Miller shalt be responsible -Page Two- .. .... Page 46 for reasonable use of the system and for maintaining its portion of the system and all plumbing. outlets and provisions for transporting and use of the water thereafter in good 'repair so as not to cause unreasonable wear and tear or damage to the system or cause excessive use of electrical power for operation thereof. In the event of failure to do so, Miller will be responsible for immediate reimbursement to Layer of the cost of all repairs to the system including toe well , pump, waterlines and equipment which might be occasioned thereby, and for excessive use of electrical power for operation of the system. 7. During the term of this agreement it shall be a covenant running with the lands, and the terms and conditions herein shall inure to the benefit of, and be binding and obligatory upon, the parties, their heirs, successors and assigns, except as provided in Paragraph 8, below. B.. In the event the Layer property should at anytime be subdivided, platted or otherwise be divided into �p two or more parcels, the rights and obligations O created hereby shalt be a covenant running only with that parcel of real property upon which the well is _ located. IN WITNESS WHEREOF the undersigned have set their 00 hands the days and year below wri ten. Dated: t6'-Z -3$ tip11-1 � ' Dorothy 7 L ye Robert E' s.1 s� goat o` Marl rie D. Mille g'o So% Washington) ew, . . to ss € rs mtya of King} A P g ? °fthis day personalty appeared before me Dorothy J. Layer. ti :°pF '•,.�p•mmrpowfl to be the individual described in and who executed 1 Orbw ithin and foregoing instrument, and acknowledged that she 111'"_signed the same as her free and voluntary act and deed, for the uses u poses therein mentioned. Dated:_u1v�,e4ea Z%,M& My Commission expires: 9-6-10 Public in an oche State of Washington, residing at reOT 1" a �• grtashington) ss Y+ . om 'Qf is da King) rit�§ y personally appeared before me Robert L. Miller $v. t 5� ? aCie D. Miller, to me known to be the individuals 6 zin and who executed the within and foregoing instrument, `• 'i •slid"�a ledged that they signed the same as their free and . y a�> tyry act and deed, for the uses and purposes therin mentioned. > sa.ta.aa My Commission expires: t-K-90 is Public in and for the State of Washington, residing atiJ �. 1��S 6 n. � r.vtJ%:4Tr. '.S• �,.P'�a— .'if�w`eL�' ,..e. Page 47 i v ! EXHIBIT "A" f PARCEL 1: The west half of the east half of the northwest quarter of the northeast quarter of Section 21, Township 22 North, Range 5 East, W.M.; Except the south 55 feet thereof, and except road; All situated in King County, Washington. t. PARCEL 2: The north 195 feet of the west 86 feet O of the east half of the east half of the q M northwest quarter of the northeast quarter O of Section 21, Township 22 North, Range 5 East, O H.M. ; Except road; o0p All situated in King County, Washington. f( I ... ....Page 48 EXHIBIT *V ME 679, tZ� �t Or > ��G24, T�tV j oeird W'M e5. d2,507H d.: � �lc2 /�Itt�Jz o i ! I/!C ". :. JGt�A�s�Y 4. 1jW144 �rif-Y--w54+�,�:1?:^fa$'/P'i:.k:t:: •:e,,i-:%.` _ ��:v`�"a:�ii'• . :>i...^. >) tL... Page 49 EXHIBIT 2 RAtroata J. TAYILHt a FIRST AMERICAN TITLE 89<O2,em 01152 D 12639 S.E. 2406 Street FOURTH a B ANCHARD B= Rent, b�shington 98031 SFArrLF-wA 99121 RECD F 1A. CRSiiSL 10.00 ' 55 NELL At II'AEGRAM " .S . RAfMALL J. Mulct AM ==W E. TAYIM , agree to assm ALL liability for RDA L. MXMER AND MRJORIE D. MILLER as stated in the Well agreement f dated Decer-ter 28, 1988 bebmen, DCfk M J. LAPEL AND ROBERT L. MILLER AtvZt MAlUallE D. M]LUM, recorded on Janwary 3, 1989 Wunder Auditor's file ND. .. 8901030642. This agreamnt is binding end obligatory upon, the parties, = their heirs, suers and assigns. '.i. . LIiI�1L � N Tha North 195 feet of the West 86 feet of the Fast half of the East half of the to Northwest quarter of the Northeast quarter of Section' 21, Township 22 North, Range i 5 East, W.M., in Fang County, Washington; co N EaMr the North 30 feet thereof. Situate in the County of Ring, State of. Washington. s;= U• , co Doro E. for lS pu ttl I ' STATE OF WASH@ UON, r+ County of I hereby outify that I{mow or have satisfaetory evidence that Randall J. Taylor and Dorothy E. Taylor AgmAtbisb*ttumentmAadmowledgedittobe their free end voluntary actfor the uses and purposes mentioned '.... in this instrument Dated: February 28, 1984 �/ t Shelley Fiorito I .. Notary Public in andfor "of Washington, residing at Renton - Rr ._ MY appointment expires 06/27/90 Page 50 ;A►TER AECORDIRG RETURN 70: • •'- ', she E. Mellon. Attorney 661 vast Govi Seat, VA 98032 g.-9i�l1 D7E93 is BCD p 9.Op - i 6 wELt AGREEMENT • .•.:. ',... - Agraestat entered Into between Dorothy J. toyer. a widow, and Robert L. Miler and Marjorie D. Miller. •.a husband and wife. the day sad year last below written. RECITALS CV A. Dorothy J. Layer. hereinafter referred to asj Lq 'Layorl, is owner of that real property particularly t•}4 ® described an the attached Exhibit A', incorporated K bevels by this reference, as Parcai 1. and herainafer y. ' N referred to as the 'Loyar property'. il,' ry R. Robart.L. Miller and Marjarle D. Kilier. hereinafter referred to as '8111era, are owners of that ' p U.M. arty particularly described anthe attached a` Eaibt 'A' as Parcel 2. had hereinafter referred to as CO o� the 'Miller property". be C. Each property now has one single family ;,• - v a^, rasideace constructed on It. ,.a;h mil D. The parties are desirous of ehtereing Into amw.^ agreement for theAparation, maintenance aad repair of=-''• a private domestic eater supply systetnfro■ the water wall an the Loyer property. —_ -- E. The terms 'system'. 'vr/l .systew' and 'rater system" shall meac the water well. pump. tank. water pump equipment, regulators, pumphousc and waterlines from said water welt to the exterior of the residences 1 '... designated to Paragraph C. above, all of which are locsted am %be Layer property Amd the Miller propartyy and which are located apDrpaimately as sheen to E:A16/t 'a', attached hereto and incorporated hereto by this reference. NOV. THEREFORE. :a consideration of the meta! '... covenants and eondittaas contained hoots. the parties Agree as follovst 1. All parts of the well system and all raterlsaes shall be kept in good repair and condition and maintained by the party designated hereto and at that party's expense. '.. anless otherwise %pacliled. Each Party shall be responsible for for good repair and condition of its awn water system in each relIdeate from its point of entry into such resldeoee. Miller %hall be responsible for i„ repair and maintenance of all wateritaas on the Hiller property. toyer -hall t•a responsible for repair and ',.. -Page Dan- i t Yi1� •vvr2^.•Y`Mr?:�..'.�."_•:•.i..xJ,'.� ++`�'��•�+•i; ... .uaMrni.r:n.:',�. .. =�r;3:' _ '.. i _.. _. Page 51 s i malntensate of ail matelints on the. Layer property , ;, 4heparties sASit be )ofntly responsible :y for the cost of repair and maintenance of tAa well system and common wat&file*s on the toyer property . i and the waterline from the common waterline to .•}.Y:'. boundary between the Layer property and the Miller property. Layer shall be responsible for causing SUCK repairs and mafateaante and repairs to said portions of the system as toyer deems necessary. Upon completion of any repairs and/or maintenance. and payment tbarvfor. Layer shall send notice to Millar or the cost thereof. Miller shalt pay to N toyer within tor(le) days of receipt of notice of I1) such cborgas one-half of.the amount expended. ; 4 ^► Watiao no f lad to Miller Loyar by U.S. mail, first class postage prepaid. at the Miller property ,..:*•, co &hall be.dovmed t- have been received tbras(J) days ' after the dot* of mblling. L, . (� toyer shell ant be responsible for damages *I bind as a result of failure to maintain and/or repair as provided in this paragraph 2 a0 S. The use of the well system shall be limited to the supply for one dom*stie single family residence for each party on each of the respective propertlef. Yn other word%. the Loyer property and the Miller Prop arty shall be entitled to a domestic water supply for no, nova, than one single family residence each. 1 d. 8t such time as a public water supply is 1 , 1 available to the Millar proDarty immediately adJbctnt 1. i { to the property lies (and along the south side of S.E. 248th Street. Klap Idea ty. Washington). the Miller , Property shall be roqufrad to connect to such public system and water fro, this malt system shall no longer be provided and this agroement shall be. terminated. Any easomest and/or covenant for the protection of the ' mai $,Its* and/or the well location which.is theretofore l `•� { to !fact shall rxa:in in full force anu effect bad shall inot affected by th'i . paragraph or such termination. .. �- S. Miller shall pay to Layer the swa of Five and solloo 8o1Lra(15.eO) per mouth. payable quarterly 1' a8inniap the first day of January 1989. and continuiag an the first day of each quarter thereafter to long as 1 this agreement Is in effect. This agreement shall remain to affect until terminated under paragraph t, above. ! Upop termination of toil agreement lop*r %hall be owner of all portions of the system lying Ino on or under the 1 Loyor property. sod "liter shall be owner of bit portions of the system lying in. on or under the Miller property. d. to a.'4itlap to the provisions for Paysast under .paragraphs 2 an.• 5, above, Millar shall be resFeasible -Page Two- -•• S .w:..r INi`Y "" ny. 1 _,w ...r'-?ti,Y.'`• .f.'Z'::}?y . . .. .. . Page 52 Al _ ixN Fj{ti= �• .'j• for reasonable use of the system aad for maintaining its portion of the system and all plashing, outlets aad provisieas for transporting and use of the aster thereafter is good repair so as not to cause unreasonable wear.and tear or damage to the system or cause excessive as* of olectrical,Vowsr for operation thereof, is the *vest of fallure to do so. i Miller shad be responsible for lmmediate reimbursement to Layer of the cost of all repairs to the system including the well. pump. Waterlines and egnt psent wbleb ai9at be ocustooad thereby. and for a cessive use of a cetrieai power for operation of the system. y. During the'tarm of this agreement it shall be ► l covenant reaming with the leads. and the terms aad ; y i conditions berate shah tour* to the benefit of. and i (y) be binding and obligatory upon. the parties. their heirs, successors and,ass lgns, except as provided in ,>• , Paragraph a. below. J...: S. In the event,the Layer property should at anytime 'CQ• tV be subdivided. platted or otherwise be divided Into CV two or were parcels. the rights and obligations �1J created hereby shall be a covenant reaming only with p'• �. ..0 that parcel of real property upon which the veil Is O� located. CO In MITNtSS VHER10f the undersigned have set their i CO bands the daps and year below wri t*a. i bated: f2-ta-5& ric . !1 orot y J.1LYYCr OF Rob#r_ r 1 111 ro sa®r o ar e U. 15111or IF m Masb/*gees) s ss r r Y . of Ring) . + xr 0 his do to personally appeared before me Dorothy J. Layer, lrr *+r pted itbiaaand tareaoian®Instrument.ividual eand oschnod In usednd wed tho hat signed the same as her free and voluntary art and dead, for lbe uses a poses Rhereia mentioned. Dated---;,— 2s,mil MY Commission aepiross T-o•Y* nIr`blicc in and•Tor the State of gasbington, restding at seas y`$ + asblagtba) as i�afi o¢ f king) Sw l I is day parsonally appeared before me Robert L. Millar r R�e ap ie 0. Miller. to as harem to.be the individuate +ig$2'4 'ta oat -he axfeeted the within emd fernggolag fne Uuwent. ''gt}d' 4 tadgad .bah tbiY slgaad the aama as their fraa tot - Om¢ o act end daodx for the uses and purposes shorts aeotioned. My Camelsslon expires$ 't-w•7a a e n AR-TO-1- the state of des hinq tom, ramie{aq of _. ^�'�"'' .•'�CLU1�j1w}•+•m'.t�.4tAervewlµ v;:; . • �` n� + ,�'..�r��.Y^N1M1. ..•Q'��i..Ir"a�,•iini;..'tN,atY.` 1N.�fY•.+-'L.",�:.LT+ rm�yy''•� q� ':4.tM1 •.I:7,, Yt l^r�r.n yF:• r:.. "�; L^:' , �' Page 53 i� [•• EXHIBIT "A' fAatEL 1s The west halt of the oast half of the .. corthwoab quarter of the northeast quarter of Section 21, Township 22 North. Range S East, U.H.; _ Except the south SS fact thereof, and except road; 1.,. fir• # N - All situated to King county. washlhgton. �. Y.4:.• LD cu _1 • PARCEL 2: . N t-t The earth 125 fact of the west 86-feeb— of the cast half of the cast halt of the 6\ northwest quarter'of the northeast quarter . ' O of Section 21. Township 22 Borth, Range 5 East. W.H.: Except road; :.,..,. All situated is King county, Washington. to • �' L. .w'' fY•rt ^'�l{}C. , 'S'� T: o a .. - .�. •. •• ;�:S,.a"vY;�`.�.,:;C- :f.;:_ ... •:i±:�i=�•+ir . ; .�t.. 't�" 9: t' M; .`«.•' .;-::*ct.• •�s`:.--".,:i'_ '-.r.•;z ... r.•:'.�.a'61! «i.• .�:?ls�' Page 54 EXHIBIT '11" P 2*s Me Cap,IJW I OF vi--�•�, �� ` co10 O F-J] O � � coWAtL�L L lArr- Ill r '� E ' zlaeonw v'. Lpr� j2od�2T G./N�t-L.e�t_. �; � L'+• . :^L �ns�•v� Y�. i.�':� ,.Y.y,,1.i.�t. .. '1.�t. .. '1:-�� � •. F[ �y,..." .a. Page 55 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 0 Fax: 253-856-6050 KENT WASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services DATE: September 25, 2014 SUBJECT: Director's Report - INFO ONLY MOTION: None SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will informthe committee of noteworthy information and upcoming events. EXHIBITS: None BUDGET IMPACT: None j I i 44e u,,q���„ ,,4"umiuutttmwmmW��a\ K E I1/T WA� NINGTON PARKS AND HUMAN SERVICES COMMITTEE Committee Members: Deborah Ranniger, Chair I Dennis Higgins I Brenda Fincher Jeff Watling, Director CITY OF KENT PARKS AND HUMAN SERVICES COMMITTEE NOTICE OF CHANGE IN REGULAR MEETING DAY Effective: September 25, 2014 NOTICE IS HEREBY GIVEN that the regular Parks and Human Services Committee Meetings will be changed permanently to the fourth Thursday of each month, commencing with a meeting on September 25, 2014. The meetings will continue to be located in Council Chambers East at Kent City Hall, 220 4th Avenue South, Kent at 5:00 P.M. All interested persons are invited to attend the regular meeting and will be given an opportunity to speak. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TTD relay service, call the Washington Telecommunications Relay Service at (800) 833-6388 For agenda information, please call Teri Petrole at (253) 856-5100 / or by email at tpetrole@kentwa.gov.