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HomeMy WebLinkAboutCAG2019-388 - Original - Kent United Methodist Church - Parking Agreement - 08/13/2019 Agreement Routing Form • r� KEN T For Approvals,Signatures and Records Management Director initial W ASM IN G T 0 N This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper? Manager initials _ Originator: Bryan Higgins Department: Pa rks Date Sent: 08/8/2019 Date Required: Soonest possible please :0 Authorized Director Date of 0 N/A L. to Sign: ❑ Council aMayor Approval: Budget Grant? Yes ✓❑ No Account Number: Type: N/A Vendor Name: Kent United Methodist Church Category: �� A-r- c Vendor N/A Sub-Category 0 Number: E Project Name: Kent United Methodist Church Parking Agreement L 0 Pr oject ro ect f parking agreement for use of church parking lot for overflow parking associated with Morrill Meadows Park and The Kent YMCA. +. Details: is at E Agreement Basis for y Amount: Selection of Contractor. a Start Date: When signed 0-13'��1 Termination Date: Notice Required, Not Provided Notice required prior to Yes No Contract Number: �' disclosure? CAS olv `1-.3 v Date Received by City Attorney: Comments: 0 L IVE R Date Routed to the Mayor's Office: in IV Date Routed to the City Clerk's Office: City of Kent a, Office of the Mayor Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 COOPERATIVE PARKING AGREEMENT FOR KENT YMCA AND MORRILL MEADOWS Park This Agreement is made this L g.//day of I 10 2019 ("Effective Date"), by UNITED METHODIST CHURCH OF KENT, a Washington nonprofit corporation doing business as KENT UNITED METHODIST CHURCH ('Kent United Methodist"), and the CITY OF KENT, a Washington municipal corporation ("City"). I. RECITALS 1.1 Kent United Methodist is the owner of property located at 11010 SE 2481n Street in the City of Kent, Washington, and adjacent to the City's Morrill Meadows Park. 1.2 The City is working with the YMCA of Greater Seattle on a cooperative project that will involve construction of a YMCA facility within Morrill Meadows Park, which is intended to integrate with the City's surrounding park and recreational facilities. The YMCA will construct a large parking lot on City property to support the cooperative project, but the size of that lot may not be sufficient to always meet the anticipated demand of visitors to both the YMCA facility and the City's park facilities. 1.3 Since 1990, Kent United Methodist has allowed the City to use Kent United Methodist's parking lot, on a cooperative and non-exclusive basis, for overflow parking available to park visitors. The City and Kent United Methodist wish to continue this cooperative parking arrangement to support the future YMCA facility and the redeveloped Morrill Meadows Park. II. AGREEMENT NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and Kent United Methodist agree as follows: 2.1 Use of West Parking Lot. The City, and the YMCA through the City, may use, at no direct cost, 100 parking stalls within Kent United Methodist's west parking lot, as COOPERATIVE PARKING AGREEMENT (August 2019) YMCA AND MORRILL MEADOWS - 1 identified on the attached and incorporated Exhibit A, for overflow parking by patrons visiting the YMCA facility or Morrill Meadows Park, subject to the following limitations on use: 1. Parking is not allowed on Sundays before 1 PM. 2. Parking is not allowed on the following days: a. Christmas Day b. Easter The City is authorized to mark the available stalls with signage, in a form and location acceptable to Kent United Methodist. 2.2 Repair and Maintenance of West Parking Lot. The City will, prior to or shortly after the opening of the Kent YMCA, seal and stripe the west parking lot. The parties have agreed to apportion the cost of this initial re-sealing and re-striping work according to the parking stalls made available to the City under this Agreement. The City will pay to seal and stripe 100 parking stalls in the west parking lot (66%), and Kent United Methodist will pay to seal and stripe the remaining 52 stalls in the west parking lot (34%). The City will coordinate the scheduling of this work with Kent United Methodist. The parties will thereafter meet every three years, or at such other time interval as the parties may agree, to evaluate the City and YMCA's use of the west parking lot, the need for any future sealing or striping of the west parking lot's asphalt according to City standards for maintenance of asphalt surfaces, or any other repair or maintenance work the west parking lot may require, and how the cost of such future sealing and striping, maintenance, or repairs will be allocated between the parties. 2.3 Indemnification. The City agrees to defend, indemnify, and hold harmless Kent United Methodist from all lawsuits, damages, claims, judgments, losses, liability, or expenses for personal injuries or property damage that arise out of or in connection with the City's use of the parking stalls for the purposes described in this Agreement; provided, COOPERATIVE PARKING AGREEMENT (August 2019) YMCA AND MORRILL MEADOWS - 2 however, this section shall not apply to the extent that the injury or property damage is caused by the negligence of Kent United Methodist. 2.4 Term. The initial term of this Agreement is for two (2) years from the Effective Date, and shall automatically renew for successive two (2) year terms unless terminated in accordance with Section 2.5 below. 2.5 Termination. Any time after the initial two (2) year term expires, the Agreement may be terminated by either party upon providing the other party at least 180 days advance written notice of its intent to terminate. Notice shall be deemed duly given when it is personally delivered to the party to whom it is addressed, or in lieu of such personal service, three (3) days after it is deposited in the United States mail, first-class postage prepaid, certified or registered, return receipt requested, addressed as follows: City: City of Kent Attention: Parks, Recreation and Community Services Director 220 Fourth Ave S. Kent, WA 98032 Kent United Methodist: Kent United Methodist Church Attention: Trustee Chair 11010 SE 248th Street Kent, WA 98030 Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this Section. 2.6 Counterparts and Transmittal of Signatures. This Agreement may be signed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Either party may sign and deliver this Amendment by fax or by emailing a PDF version of the original signature page, and that copy shall have the same force and effect as the original. 2.7 Authority to Sign. Parties warrant by their signature hereto that the person signing this Agreement has authority to do so for each party hereto. COOPERATIVE PARKING AGREEMENT (August 2019) YMCA AND MORRILL MEADOWS - 3 *P- DATED THIS day of , 201 1 CITY OF KENT UNITED METHODIST CHURCH OF KENT d/b/a KENT UNITED METHODIST CHURCH r By By Name: Dana Ralph Name:_ Gary Zink Its: Mayor Its: Trustee Chair COOPERATIVE PARKING AGREEMENT (August 2019) YMCA AND MORRILL MEADOWS - 4 Exhibit A Kent United Methodist Church Parking Map King County Nap r.c�ia a1�llb tlbl�Yrf�s�li�Oa����ebaMwW �06ft6b1motbl�W ■b dr. b i!r�■aYNlWB�mfr W O�YbY le N�Qr�qa�4 fe►sS�y,,i N LQ Mri�Wllm�lY e�YW��'M Nb�wr�eiYrt0y10�b�1 b®1W W a1f11p� �. MMpbal�iOlQr pbyy �~ ~Y ai�!'�wpat�bAWon mY'i •a1Mbtl4 Ontm a.oa019 Nowz King Courrty EXHIBIT A - Kent United Methodist Parking Map (to Cooperative Parking Agreement for Kent YMCA and Morrill Meadows)