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.