HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 3/17/2020
KENT CITY COUNCIL AGENDAS
Tuesday, March 17, 2020
7:00 PM
Chambers
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Public Safety Report
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
During the coronavirus emergency the City Council strongly
encourages the public to send comments to Citycouncil@kentwa.gov
or call 253-856-5700 rather than appear in person. If you must appear
in person, the Public Comment period is your opportunity to speak to the
Council and Mayor on issues that relate to the business of the city of Kent.
Comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington prohibits people from using
this Public Comment period to support or oppose a ballot measurement or
candidate for office. If you wish to speak to the Mayor or Council, please sign
up at the City Clerk’s table adjacent to the podium. When called to speak,
City Council Meeting City Council Regular Meeting March 17, 2020
please state your name and address for the record. You will have up to three
minutes to provide comment. Please address all comments to the Mayor or
the Council as a whole. The Mayor and Council may not be in a position to
answer questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Mar 3, 2020 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Mar 3, 2020 7:00
PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Mar 10, 2020 4:00 PM
B. Payment of Bills - Approve
C. Appoint Padiet Thoa to the Kent Cultural Communities Board - Confirm
D. Property Transaction: Road and Right-of-Way Deed and Easements to the
City of Covington - Authorize
E. Grant Acceptance - Pedestrian Crossing on West James Street at Second
Avenue North - Authorize
F. 2020 City Art Plan and Five Year City Art Plan (2020-2024) - Approve
G. Amendment to T-Mobile Telecom Lease Agreement for Wilson Playfields -
Authorize
9. OTHER BUSINESS
A. Resolution Discouraging Landlords and the Sheriff from Pursuing or
Enforcing Evictions Related to the Inability to Pay Rent due to the
Personal Effects of the Coronavirus
10. BIDS
A. 2020 Asphalt Grinding Project Bid - Award
B. 2020 Crack Sealing Project Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
City Council Meeting City Council Regular Meeting March 17, 2020
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
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Administration
• The Mayor’s Office continues to spend most
of its time on the Covid-19 Coronavirus
response, especially advocating for public
health and safety at King County’s
quarantine facility. We’ve proclaimed an
emergency, activated our emergency
coordination center at a planning level,
closed the Kent Senior Activity Center,
offered employees who meet the “higher-
risk” definition the opportunity to discuss
options with Human Resources, authorized
staff to move to electronic meetings when
practical, and authorized individual boards
and commissions to cancel meetings at
their discretion.
City Clerk’s Office
• On March 2, the Clerk’s Office welcomed
Adrienne Horner, as the City’s Records
Administrator. Adrienne comes to the city
from King County 9-1-1 as a dispatcher.
Adrienne will focus on public records
requests, including requests for body-worn
camera recordings.
• Kathryn McKee, Deputy City Clerk, recently
obtained her Certified Municipal Clerk
designation from the International Institute
of Municipal Clerks Association. To obtain
the certification, Katy obtained relevant
training and experience over the past five
years. Join us in congratulating Katy on
this tremendous achievement!
• The City Clerk’s Office responded to 350
public records requests during the month
of February.
Economic Development/Long Range Planning
• After our huge win last summer with King
County’s Landmarks Commission, Kent’s
nomination of our Apollo Lunar Roving
Vehicles as Washington State Historic
Landmarks has been accepted for
consideration by the Washington State
Governor’s Advisory Council on Historic
Preservation. Staff is soliciting letters of
support and public testimony for the public
hearing. While originally scheduled for
March 27, the hearing has been delayed
due to concerns about the coronavirus.
• Lead by Economic Development staff,
division leads across the ECD Department
are kicking off an effort to develop a “Build
Kent” webpage to provide interested
parties with specific information about new
development projects occurring in Kent.
The team aims to create a simple site for
information that’s easy to navigate, GIS
enabled, and accessible via mobile devices,
and shareable via social media as new
projects are added.
• Economic Development staff connected
Kent Valley employers to career specialists
at Kent-Meridian High School for its
planned Career Fair, Wednesday, April 1 to
help showcase the excellent local career
opportunities available. Unlike a typical job
fair, employer representatives will be on
hand and share information about their
respective companies, but also their own
personal stories (including any twists,
bumps along the way) with details on why
they enjoy their jobs, and pathways to
ADMINISTRATION ECONOMIC AND COMMUNITY
DEVELOPMENT
March 17, 2020
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other opportunities at that organization or
in the field.
• Staff is collaborating with representatives
of the Space Frontier Foundation, a
nonprofit that promotes the interests of
both the private and the public sectors in
the exploration and development of space,
to promote and grow participation in the
New Space Conference coming to Kent
valley June 23-25. Sponsored by the city of
Kent via a lodging tax grant, this is the
only space conference to bring startups,
established companies and government
agencies together with private investors
and tech innovators. Staff has connected
organizers with Seattle’s economic
development entity, Greater Seattle
Partners, to bolster this conference’s profile
in the region.
• Planning is underway for the inaugural
Manufacturing Days Summit hosted by the
Washington State Chapter of Women in
Manufacturing, a national trade association
that provides year-round support to women
with careers in the manufacturing industry.
The two-day summit slated for October 28-
29 that will bring 175 women to Kent to
connect with and learn from each
other. Sponsored by the city of Kent via a
lodging tax grant, staff is supporting the
Summit by connecting event organizers to
area manufacturers for participation and
company tours, hoteliers, restaurants for
group meals, and transportation, printing
and other vendors.
Effective January 1, 2020, updates to B&O
taxes are as follows:
o The gross receipts tax rate for
wholesaling will increase from 0.152%
(0.00152) to 0.2% (0.002).
o The square footage tax rates for
business warehouse increases from
$0.06 per sq. ft. per quarter to $0.09
per sq. ft. per quarter.
o For taxpayers subject to service
apportionment – the service income
factor on Schedule A of the tax return
has been updated to reflect the
requirements of HB 1403 passed by the
legislature in the 2019 session.
o The due date for the 2020 annual tax
return has been updated to April 30,
2021 as required by HB 1059 passed by
the legislature in the 2019 session.
• On February 11, 2020, the city of Kent and
the Puget Sound Regional Fire Authority
executed an MOU establishing the
requirements governing the RFA’s
administration of the Emergency
Management Performance Grant (EMPG)
Award (E20-171). This is a pass-through
grant from the Washington State Military
Department. This MOU is required
pursuant to federal grant subrecipient
monitoring requirements, and includes
provisions ensuring adherence to the terms
and conditions of the grant agreement and
other applicable federal grant
requirements.
• On March 2, the Finance Department
welcomed Brenda Goodson-Moore to serve
in the role of Deputy Finance Director.
Brenda spent 14 years at the city of
Auburn before joining the city of Kent.
Welcome Brenda!
• On March 2, Dan Jones joined the Finance
Department’s Accounts Payable team. He
recently moved to this area from Montana.
Welcome Dan!
• Compensation workstream with Collab.
• AFSCME LMM – 2nd negotiation on new
Drug Free Workplace policy.
• Discussion on Telestaff implementation
with Workday.
• Workday architect workbooks.
• LEOFF1 Policies and Procedures revisions.
• Preparations for Health Fair.
• Leave Management.
• GASB 75 Report preparation.
• 1094 ACA Reporting.
• Sergeant assessment in Police.
• Interviews for Combination Building
Inspector (TLT) and MW III-Water
Distribution.
• Offers made for MW III-Street/Storm
Vegetation and Accounting Services
Assistant III (Facilities).
FINANCE
HUMAN RESOURCES
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• Opened recruitments for Sr. Long Range
Planner and MW II-Sewer.
IT Service Desk Replacement
• Implement an information technology
service management system for the IT
Service Desk to promote greater IT
operational efficiencies and deliver faster
high-quality responses.
Multimedia Ticket System Replacement
• Replace the existing Avanti system with a
new system that will be more stable, better
supported and easier to
maintain. Additional features to include:
direct to print/quick print, electronic job
ticket board, enhanced billing and invoicing
capabilities, and improved web
catalogue/online ordering.
Information Technology operational support
for February 11, 2020 to February 25, 2020
• Number of tickets opened – 325
• Number of tickets closed – 275
• Provided significant work and advice to city
representatives concerning King County
purchasing the Econo Lodge property at
1233 Central Avenue North in Kent to
house individuals exposed or infected with
the COVID-19 virus. Retained outside
counsel and proceeded with an injunctive
action in King County Superior Court.
Sought a temporary restraining order that
would have prohibited King County from
occupying the property until it complied
with the city’s zoning and land use code
provisions. Obtained a Commissioner’s
ruling that limited King County’s occupancy
of the property to 15 individuals.
• Assisted ECD in revising the Rally the
Valley industrial valley subarea plan,
development guidelines, and related code
amendments, including evaluating legality
of proposed design guideline requirements,
ensuring compliance with the Growth
Management Act and State Environmental
Policy Act, cross-checking code references
and ensuring accurate tracking of code
changes and formatting for 37 sections of
code, drafting the ordinance and council
blue page, revising public notices, and
preparing additional documents needed if
the RTV proposal had been postponed.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with
several high priority contracts and
development projects, including property
rights and access issues involving Naden
Avenue.
• Assisted the HR Department in many
sensitive employment and labor related
matters.
Human Services
• The 2020 application round for 2021-2022
human services funding opened on March 4
and will close on April 7 at 4:30 p.m.
Applications will be accepted through a
common online portal (share1app) for
cities participating in the Human Services
Funding Collaborative (Auburn, Bellevue,
Burien, Covington, Des Moines, Federal
Way, Issaquah, Kenmore, Kent, Kirkland,
Redmond, Renton, Sammamish, SeaTac,
Shoreline, and Tukwila). A series of three
application workshops were scheduled, but
only the first workshop on March 3 was
held in person. That workshop was live-
streamed, recorded and posted. The
second and third workshops were hosted
online and had a high level of participation
from agencies planning to apply for
funding. For more information about the
application process visit:
https://www.redmond.gov/999/Share-1-
App
• The Human Services Commission is
preparing to review funding applications in
April. Over the past few years, the
Commission has heard presentations from
leaders representing Community Based
Organizations led by and/or serving
communities of color, immigrants, and
refugees. The Commission also
implemented the Parallel Application
Process to invest in emerging community-
INFORMATION TECHNOLOGY
LAW
PARKS, RECREATION, AND
COMMUNITY SERVICES
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based organizations with the knowledge
and trust of the communities they serve.
Training leading up to the 2020 allocation
process is focused on a series of trainings
related to recognizing implicit bias and
grantmaking with an equity lens.
• Staff hosted a monitoring visit for our grant
from the WA State Office of Public Defense.
The monitors from the State office spoke
very highly of the attorneys from Stewart,
MacNichols, Harmell that they observed
providing service at the court. During the
monitoring, they spoke highly of the
relationship that the public defense
attorneys, the city of Kent, and court staff
and judges have and let us know that they
do not see this in any other city. While
Human Services staff monitors the
contracts with attorneys for public defense,
we also very much appreciate the service
of those in legal and the court.
• The city contracted with Multi Service
Center to provide housing relocation
services and case management to
residents displaced by the December 13
Woodland Estates fire. All residents have
been placed in housing, so the contract is
complete. Staff met with Emergency
Management, Red Cross, and the Church of
Latter Day Saints to debrief the response
and identify areas to improve in the event
of a future incident. The Red Cross
indicated that they work with a lot of cities
and wished that all were as responsive and
good to work with as the city of Kent. They
specifically expressed appreciation for the
Mayor’s Office, Emergency Management,
Economic and Community Development
and Human Services.
• Human Services staff members have been
asked to participate in a number of focused
committees related to the COVID-19
community response. Staff is participating
in Pandemic Community Advisory Group
(focused on bringing together
representatives from various community,
business, and government sectors in King
County who are willing to work together to
help maximize the success of
recommended non-pharmaceutical
interventions designed to help limit and
prevent exposure to coronavirus), as well
as Interim Guidance Development for
Homeless Outreach Programs and COVID-
19 Preparedness Planning for Homeless
Service Providers.
Significant crime-activities/arrests/
investigations
• On March 1, officers responded to a report
of a male shot in the back at the 7-11
located at 511 Central Ave S. The male
advised dispatch he was going to the
hospital. In the alleyway between 7-11
and Central Avenue, officers found 24 rifle
casings. Approximately one hour after the
shooting, Harborview advised a male with
three gunshot wounds to his leg, buttock
and back showed up and advised he had
been shot in Kent. The male was
uncooperative and refused to provide any
more information other than his name. He
is a Seattle resident and is documented as
being shot one other time.
• On March 2, officers were dispatched to a
stolen Honda Civic at the Ridge at
Riverview Condos. Officers arrived and
activated their emergency lights and the
suspect took off. Two separate PIT
maneuvers were unsuccessful, the third
PIT was successful, the vehicle left the
roadway and both suspects fled from the
vehicle. K9 officer captured the male
driver and officers captured the
passenger. The driver was treated for a
dog bite at Valley Medical and later
booked. The passenger was booked into
SCORE on felony warrants.
• On March 4, officers responded to shots at
Appian Way Apartments. Officers located a
Hispanic male with a gunshot to the chest.
A motive was unclear as the victim was
uncooperative. The victim was transported
to Harborview and the prognosis was that
the round that hit his chest did not
penetrate the chest cavity. No other
suspect information at this time. The case
was referred to detectives.
• On March 7, officers were dispatched to an
illegal discharge at Mosaic Hills
Apartments. In the parking lot a knife was
located along with several drops of blood. A
POLICE
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stolen gun was located underneath a car in
the same area. Local hospitals were
notified - as of this writing no victim has
been located.
• On March 8, officers responded to the
sounds of an illegal discharge at the Holy
Glenn Condos. Investigation determined
that a subject has been stalking his aunt
for years trying to get her to have sex with
him. The aunt showed her husband the
unsolicited Facebook messages requesting
to meet up with her. The husband took
over communication and “invited” him over
to the apartment in a ruse to confront him
over his conduct. The subject arrived
thinking he would be alone with his aunt
and instead found his uncle armed with a
handgun. The uncle fired a round in the
subject’s direction (said to be fired into the
ground to scare him) as he ran away. The
subject was gone upon police arrival and
did not call in to report the incident. As of
this writing, he has not shown up at area
hospitals with a GSW. The uncle’s
handgun was taken as evidence. The case
was forwarded to Detectives.
Land Survey & GIS
• City land surveyor is developing a property
ownership & boundary map for the west
side of the Green River corridor, 2020
overlay program right-of-way, West Hill
transmission main easement, Kent
Elementary legal description and mapping
easement rights for the Signature Point
Levee and Kensington Ravine.
• Land survey coordinator is compiling field
topography data collected by field staff for
the Valley Creeks LOMR (letter of map
revision) for FEMA.
• Land survey field crews continue staking as
requested for the 228th St. corridor Phase V
and the fuel island replacement project for
operations.
• Land survey field crews are also topo
mapping the West Hill transmission main
locations.
• GIS Coordinator assisting PW operations
asset management system upgrades.
• GIS analysts developing web applications
for guardrail & ADA sidewalk inventories,
completed multiple maps for grant
applications and continue entering as-built
data into the GIS.
• GIS supervisor drafting GIS enterprise
standards, 2020 GIS implementation plan
and position description updates.
Construction
• 228th St. Union Pacific Railroad grade
separation bridge and roadway (Ph 5 of 5)
- bridge pier crossbeam work is ongoing in
preparation for girder placement scheduled
for the week of March 23. Conduit and
handhole installation for site electrical is
underway where possible on the east and
west limits of the project. Clearing and
grubbing and fire hydrant relocation is
underway for the contract’s Interurban trail
connector work scope from 72nd Ave S to W
Valley hwy. The Interurban trail is
temporarily open for use and will remain
open until March 23 when the contractor
begins preparation for setting the bridge
girders. At this time the trail will close
again for an extended duration. There is
no access to either direction of S 228th St.
from the trail outside of the fenced
pathway as this is an active construction
site.
• Fuel Tank Replacement Project - backfilling
concrete fuel island footing, and plinths will
be completed this week. Underground
storm pipe installation, fuel line placement
will also be completed this week. Electrical
work inside the maintenance building is
underway.
• Green River Natural Resource Area
(GRNRA) south stormwater pump station -
storm system installation at Hogan Park is
ongoing. Clearing and grubbing is
complete. Rough plumbing for the garage
is complete.
Environmental
• Recycling event happened last Saturday at
Hogan Park and we had a very successful
event in that 1145 vehicles came with
recyclable materials.
• Green River Watershed Center – scheduled
Council Workshop on April 7 will include
discussion with the Council regarding their
ideas about the proposed facility… there is
PUBLIC WORKS
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a feasibility study in process and we have
solicited ideas from staff and will be going
to outside stakeholders for ideas as well.
• King County Flood Control District – the
Board of Supervisors met March 10 to
review a budget supplement which is
proposed to include additional grant funds
for local jurisdictions related to stormwater
and shoreline flooding. It is also proposed
to include additional funds for salmon
habitat.
Transportation
• The city of Kent’s Commute Trip Reduction
(CTR) survey will be next
week. Washington State requires all
employers with more than 100 people
coming to work at one location between 6
am and 9 am to have a CTR
program. Commute trip surveys are
required every two years. Please ask your
coworkers and staff to participate in the
survey. It should take less than 6 minutes
to complete.
• Staff completed and submitted the Local
Road Safety Plan (LRSP) to the Washington
State Department of Transportation. This
year an LRSP is required to be eligible for
Highway Safety Improvement Program
(HSIP) grants. Also, different this year is
the HSIP grants program. In previous
grant cycles we applied for the project we
wanted. This year we submit applications
for several projects and WSDOT selects the
projects that will be funded. We submitted
applications for 14 potential projects.
• We have been partnering with King County
Metro on new signal timing on SE 256th St
and Kent-Kangley Rd between 101st Ave SE
and SE 152nd St. Metro’s consultant
developed the signal timing that improves
transit speed and reliability with minimal
impact to the rest of the users. Kent staff
implemented the revised signal timing last
week. There were some initial problems at
SE 256th St/104th Ave SE and Kent-
Kangley/104th Ave SE that have been
corrected. We are continuing to monitor
the new signal timing and will make
adjustments if they are needed.
Streets/Street Maintenance
• Crews are doing hot patch repairs on S
212th, sidewalk sweeping on S 196th St,
Russell Rd and 116th Ave SE, cleaning
traffic islands on S 272nd St and S 212th St,
saw cut for removal on 64th Ave S and prep
area to pave at the West Hill sand pile site.
The sidewalk crew will grind and repair on
SE 208th St, 68th Ave S and SR 515. The
concrete crew will continue to prep and
pour for new ADA driveways and sidewalks
on S 259th Place.
Street Signs and Markings
• Crews are installing signs and bases for the
retro-reflectivity program on SR 99 and
28th Ave S. Crews will also be performing
sign maintenance on the East Hill, the West
Hill and in the valley.
Solid Waste
• Crews will be removing debris and illegal signs
on Russell Rd, S 246th St and on 30th Ave S
and hot spot inspections on 25th Ave S and
80th Pl S. The crew will also be removing
graffiti from the 208th St Bridge, Don
Wickstrom Bridge and cleaning out a homeless
campsite on the Green River Rd.
Water Vegetation
• Crews will be performing debris clean up
on the Kent springs road shoulder, West
Hill sites, Summit reservoir, Renton
intertie, O’Brien well and Armstrong
springs and clean the signs at Kent springs,
line trimming at the 212th treatment plant,
208th well, Kent springs and Garrison Creek
well and mow and line trim at Blue Boy
Tank and Summit reservoir.
Sidearm Mowing
• The sidearm crew will be mowing along
Frager Rd and 77th Ave S, working on the
fall protection fence on 108th Ave SE and
finish the gate for the holding pond on
190th Ave SE.
Street Vegetation
• Street vegetation will be planting and
mulching on E Meeker St, mow, line trim
and pick up litter on 64th Ave S and on SE
256th St. The crews will also be removing
trees on 116th Ave SE, Military Rd, E Titus
St and 132nd Ave SE.
Wetland Mitigation
• Crews will be repairing split rail fencing at
Morgan’s Place. The wetland mitigation
crew will be painting the red barn siding,
transplanting, planting seeds and replacing
hoop house fabric at the GRNRA nursery,
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spreading mulch at the Leber property,
removing weeds and plant flowers on 64th
Ave S. The holding pond crew is performing
tree removals at Estes, 277th corridor #3,
and Swan Court II, prune and remove
trees at the Jami short plat and remove a
trampoline from The Preserve storm pond.
Water
• Water staff continue with water main
cleaning on Kent’s East Hill in the area
south of Kent Kangley to SE 284th St and
between 114th Ave SE and 124th Ave SE.
We are also gearing up for a water tank
coating and structural improvement project
at our 125,000-gallon tank site on 98th Ave
S. Water distribution system sampling for
disinfection byproducts and wellhead
protection monitoring are also underway.
Storm
• Crews will be storm-line cleaning on S
196th St, 68th Ave S and SE 282nd St,
digging a ditch at 10611 211th St and SE
270th St. The crews will also be repairing a
ditch and cleaning the culvert on 124th Ave
SE and West Valley hwy and easement
maintenance at 11109 SE 218th St. The
crew will also be performing National
Pollutant Discharge Elimination System
(NPDES) pumping on SE 245th St and SE
240th St and assessing on SE 244th St.
Sewer
• Sewer crews are cleaning existing sewer
lines on W James St and 68th Ave S, tv
inspections on W James St and on 68th Ave
S. Crews will be checking valves and
replacing a pump seal at the Mill Creek
pump station, performing maintenance
work at the Union Pacific pump station and
performing manhole frame and lid change
outs on the East Hill.
Fleet
• Fleet crew is working on new fuel station
software and programming, checking the
status for the Kenworth vendor setup and
ordering new vehicles and equipment.
# # #
5.B
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
March 3, 2020
Date: March 3, 2020
Time: 5:00 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Troutner called the meeting to order.
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Dana Ralph Mayor Present
II. PRESENTATIONS
1 Transportation Master Plan Financial
Plan
Emily Alice Gerhart from Fehr & Peers reviewed GMA requirements for the
transportation element, including land use, funding, infrastructure and level
of service. The City is working on developing policies. Requirements of RCW
36.70A.070 were reviewed.
The TMP project list development was reviewed. Performance metrics help
prioritize projects and the funding plan will identify funding constrains for a
priorities project list.
Gerhard indicated headwinds regarding funding transportation today include
streamlined sales tax, the economy, grant availability and future trends.
Gerhard reviewed the current state of transportation in Kent and the final
TMP Goals were reviewed.
Kristin Maidt from BERK, discussed sources of funding available to cities in
Washington for transportation activities. Kent anticipates declining availability
of general fund revenues for transportation in the next 20 years
Public Works Director, Tim LaPorte provided information on the use of LIDs
to fund projects.
8.A.1
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City Council Workshop Workshop Regular
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Minutes
March 3, 2020
Kent, Washington
Page 2 of 4
Gerhard discussed Transportation Impact Fees. Kent began collecting TIFs in
2010 and has collected an average of $950K per year.
Senior Transportation Planner, April Delchamps provided information on all
grant funding options.
Kent should be realistic about what it can afford, update the TIF, think
creatively about funding sources and explore partnerships.
The project team will return to the City Council on May 9th, will continue the
development of the project list using the recently adopted goals, continue to
develop creative solutions, and then present a Transportation Fees 101 to
the Council this summer.
2 Targeted Residential Investment
Program
Long Range Planning Manager, Hayley Bonsteel presented the Targeted
Residential Investment Program. Bonsteel would like to get a sense of how
the council feels about this program and would like feedback on what it
would take for the council to support this program.
Bonsteel conveyed what a Multi-Family Tax Exemption program requires in
addition to providing a brief history of the program.
The proposed program would provide an exemption on improvements (not on
land) There will be an RTA program in Midway and Downtown Kent.
· Minimum number of units - 4
· TIF waived due to presence of high-capacity transit
· On-site management for rentals required
· Projects must be completed within 3 years
· Cannot be layered with other subsidies
· Structured parking required
Why MFTE?
· Nearly every other City has MFTE
· This program has become a standard
· Development costs are high - real estate is risky, subsidies and incentives
have become the standard practice in the region, Kent is competing with
other cities for high quality urban development.
Why subsidize Market Rate?
· Most development that happens at all today is subsidized in some way
8.A.1
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City Council Workshop Workshop Regular
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Minutes
March 3, 2020
Kent, Washington
Page 3 of 4
· Without market rate incentive, Kent risks only seeing subsidized affordable
development.
Growth targets
· Very little greenfield development potential left in single and multi-family
zones
· Continue to meet growth targets, development will necessarily be looking to
our downtown
The benefits of urban development
· People need housing
· People = community (more people = more successful retail)
· Urban fabric around transit = easier to serve
Bonsteel indicated that the prior Midway MFTE program focused on
affordability and the downtown program focused on market-rate housing to
encourage ownership to support community in downtown Kent.
Bonsteel provided supporting information in determining that 20% of units at
30% AMI should be used in Midway and why using the market-rate is
important for downtown
Development Cycle:
· There are many options and lots of opportunities.
· The program is very flexible (for now)
· Kent’s proposed program implements adopted city policy
· This program is a critical tool to help realize community vision.
Boyce indicated he is an advocate for the program and for Kent to be
competitive, we will need to use every tool available.
Larimer indicated Kent could do better with a better plan. She appreciates
the flexibility of the plan and indicated this current proposal will serve Kent
better.
Michaud requested details on how Kent’s proposed plan compares with other
cities and indicated more research needs to be done regarding the option of
waiting TIFs.
Fincher expressed that she is not a fan of waiving TIFs
Kaur indicated this is a good start. She would like to see more housing at
30% AMI and is not a fan of waiving TIFs.
Troutner expressed appreciation of staff’s presentation and advised this
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
March 3, 2020
Kent, Washington
Page 4 of 4
program would give us the tool we need to get us to where we want to be.
Council expressed tentative support for the concept, more research needs to
be don on waiving TIF and what other cities are doing. Staff should try to
quantify the benefits of the program and return to a future council workshop.
Meeting ended at 6:09 p.m.
Kimberley A. Komoto
City Clerk
8.A.1
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
March 3, 2020
Date: March 3, 2020
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Les Thomas Councilmember Present
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
A. Move to approve the agenda as presented.
Chief Administrative Officer, Derek Matheson advised that Item 9.A is an
alternative to item 6.A. If action is taken on item 6.A, Item 9.A will be pulled
from the agenda.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
Council President Troutner recognized Komal Bhullar, a Kentwood Civics
student. Bhuller spoke regarding her project.
i. Employee of the Month
Mayor Ralph recognized Construction Manager, Eric Conner as the City's
March Employee of the Month. Conner is responsible for supervising and
performing complex and professional engineering duties in the construction
administration, he provides coordination and direction of Public Works civil
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 2 of 9
engineering projects; training, supervising and assignment review of his
team's work. He assures efficient and effective function of the construction
section of the Public Works Department.
Deputy Public Works Director, Chad Bieren expressed appreciation of
Conner and his construction administration work.
ii. Appointment to the Parks and Recreation Commission
Mayor Ralph recognized Seong Yoon as her recommendation to serve on the
Kent Parks and Recreation Commission. Yoon expressed his appreciation of
the opportunity to serve on the Commission and looks forward to helping
make Kent a desirable city for families to raise their children and to be able
to enjoy the resources available.
B. Community Events
Council President Troutner provided information on upcoming events at the
accesso ShoWare Center.
Councilmember Fincher advised of upcoming Spotlight Series events in
addition to the Kent Kids Art Day on March 14, 2020. Admission is $10.
Mayor Ralph invited the public to attend the State of the City Address on
March 5, 2020 at 6 p.m. at the Blue Origin Facility at 212th and 76th
Avenue. The event will be live-streamed on the City's Facebook page.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor's Report
Mayor Ralph provided an update on the Coronavirus. Mayor assured the
health and well-being of Kent's residents is paramount to the City. The City is
working closely with the Centers for Disease Control, Washington State
Department of Health and King County Public Health. The City is taking
guidance and information from the directives from those organizations. The
City is receiving daily briefings and are actively monitoring the situation.
Communication from the City will come from the Mayor's Office and
Emergency Management. Monitor the City's Facebook and Twitter account for
up-to-date information.
B. Chief Administrative Officer's Report
Matheson advised that his written report is in today's agenda packet and that
there is an executive session to discuss property negotiation and expected to
last for 10 minutes. There will be action when the Council reconvenes into
open session.
C. Councilmember's Reports
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 3 of 9
Council President Troutner provided an overview of the two presentations
from tonight’s workshop presentations.
Council President Trouter serves on the Sound Cities Association Regional
Law, Safety and Justice Committee. School safety and school resource
officers were discussed during the last meeting.
Council President Troutner serves on the Sound Cities Association Regional
Transit Committee. The committee will hold summer workshops to review
and discuss Metro's service guidelines.
Councilmember Michaud serves on Kent's Human Services Commission. The
Commission is entering the grant application process for organizations that
provide human services to the community. Commission members are
participating in training to help ensure equity and eliminate bias in the grant
review process.
Councilmember Kaur serves on the Sound Cities Association Growth
Management Planning Council. The Council met on February 26th and
discussed countywide planning policies. The Council appointed members to
serve on the King County Affordable Housing Committee. A report was
received from the Committee recommending updating the housing chapter of
the King County countywide planning policies for supporting the region's
need for affordable housing.
Councilmember Kaur serves on the Sound Cities Association Puget Sound
Clean Air Agency Advisory Council. The Council received a presentation on
draft clean fuel standards. Over 6,000 public comments were received during
the comment period. The Council is also working on the strategic plan for
2020.
Councilmember Fincher serves on the Arts Commission. March 11, 2020, at 5
p.m. is the deadline to submit your art for the juried art contest. Visit
KentWA.gov for details.
Councilmember Fincher serves on the Sound Cities Association King
Conservation District Board. The Board of Supervisors for King Conservation
District is considering changing the meeting frequency from monthly to
quarterly.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board. The Board will meet on March 4, 2020 at 5:30 p.m. at
Station 78 in Covington.
6. PUBLIC HEARING
Mayor Ralph provided a brief overview of the public hearing process and
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 4 of 9
opened the public hearing.
Chief Economic Development Officer, Bill Ellis gave a brief overview of the
long-range trends that impact the industrial valley. Ecommerce has grown,
there are more capital-intensive warehouses, and we have a revivified space
race that has played a part in the growth of advanced manufacturing in Kent.
Throughout the Rally the Valley process, the panel kept first and foremost,
the vision for an industrial business district.
The Rally the Valley advisory panel consisted of members with adverse sets
of viewpoints to get a diverse set of opinions. The panel considered how the
valley can have more intensive use and how to have space for kinds of
business we like to have here while creating flexibility and balance. The Plan
doubles the Manufacturing Industrial Centers.
Zoning by itself, design standards by themselves, are not going to drive the
demand for jobs or economic growth. The Plan references a range of
activities across multiple city departments. All actions are designed to better
set the table for those types of businesses that want to come, stay and grow
in Kent and would add to the variety diversifying our industrial portfolio, add
to the vibrancy of our business district and therefore to the resiliency of the
City's economy and fiscal fortunes.
Work remains to ensure economic growth continues to be strong in Kent.
This plan plays a key part in accomplishing these plans.
Long Range Planning Manager, Hayley Bonsteel provided the staff report.
This is a big plan with many components. Bonsteel reviewed why the City is
adopting this plan.
•Mandated by region
•Preserving land does not preserve good jobs, support manufacturing that is
keystone of regional economy.
•Redefined manufacturing and industrial centers to focus on quality of life
•Regional dialogue - PSRC convening a work group this summer.
•Focus on the human impact of these policies
Bonsteel review the need for better transportation, lunch/community,
amenity spaces/trails/parks all needed. The panel talked to over 300
workers, dozens of business owners and stakeholders. Addressing these
needs and opportunities through land use changes, development regulations,
capital project identification.
LAND USE AND ZONING MAPS CHANGES:
•New designations - key corridors and prominent gateways
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 5 of 9
•Access to transit adjacency to residential and other uses.
•Overhauled zoning to reflect trends / best practices
•Innovative requirements that scale investment to how the proposed use
contributes to or detracts from the vision
•Multimodal connection requirements across sites and to trails
•Provided options for increasing the contribution to the park and trail system in
exchange for development considerations
•Incentivized without penalizing / strategically reduced barriers while raising
bar for design in high profile areas.
Bonsteel provided details on the Plans design concepts:
•Tilt Up Concrete Association, which is the most typical building system utilized
in valley development (however, our regulations are easily met through all
methods of construction).
•Modulation / “significantly fenestrated” / emphasize the business activity that’s
visible to the road
•Secondary entries fenestrated, canopies and materials changes provide
interest as well.
•Any options for how to meet the requirements
•regulations will not make construction infeasible no matter what is getting
built.
Bonsteel indicated the Land Use and Planning Board received a 90-minute
presentation on full details of the plan at their February 10, 2020 meeting.
The video is available at KentWA.gov.
The Plan looks at all the ways the City can improve the industrial valley and
elevate people’s experience of the valley.
Bonsteel detailed the process staff followed to receive, review and respond to
comments.
Bonsteel expressed appreciation of the Council and Mayor for enacting the
interim zoning ordinance that provided staff with the opportunity to explore
all options in drafting the Plan.
PUBLIC COMMENT:
Mike Pruett from Segale Properties spoke in support of the Rally the Valley
Subarea Plan. Pruett expressed appreciation of staff working with Segale to
address all comments and concerns expressed by Segale.
Pruett asked the Council to remember that the Kent industrial area and
warehousing in general are huge employers in the valley and that they are
key contributors to the overall City budget. Implementing and adopting this
Plan gives Segale the ability to develop their properties while remaining
competitive in the market.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 6 of 9
Pruett expressed appreciation for Councilmember Boyce, Bill Ellis and Hayley
Bonsteel for working with Segale throughout this process.
Mayor Ralph expressed her appreciation of Segale Properties.
A. Move to close the public hearing
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
B. Rally the Valley Subarea Plan (Ordinance Amending the
Comprehensive Plan and Development Regulations)
Councilmember Boyce, Councilmember Fincher and Councilmember Kaur
expressed appreciation of the cooperation between staff and City
businesses for working to come up with a plan that is win -win for both
sides. Boyce thanked Kurt Hanson and his Economic and Development
team for their work.
Mayor Ralph expressed appreciation of everyone involved in the
development of this Plan.
MOTION: Adopt Ordinance No. 4355, amending the City’s
comprehensive plan to include the Rally the Valley Industrial
Subarea Plan and Industrial Design Standards, amending
related zoning and development regulations in the Kent City
Code, and repealing Interim Zoning Ordinance 4320 related to
trucking-intensive land uses.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
7. PUBLIC COMMENT
Dan Streiffert requested and received an update from Mayor Ralph
regarding K4C.
Julie Morse, a representative of the Refugee Settlement agency, extended
an invitation for anyone interested in attending the local planning area
meetings held at the Kent DSHS Community Services Center on the third
Tuesday of each month from 9-11 a.m. to share information about
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 7 of 9
organizations, share resources for supporting low income and people
facing barriers in the City of Kent.
8. CONSENT CALENDAR
Move to approve consent items A-F.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
A. Approval of Minutes
1. Minutes of the February 7-8, 2020 City Council Retreat
2. Council Workshop - Workshop Regular Meeting - Feb 18, 2020 5:00 PM
3. City Council Meeting - City Council Regular Meeting - Feb 18, 2020 7:00
PM
4. Committee of the Whole - Committee of the Whole - Regular Meeting -
Feb 25, 2020 4:00 PM
B. Appointment to the Parks and Recreation Commission - Confirm
MOTION: Confirm the appointment of Seong Yoon to the Kent
Parks and Recreation Commission for a three-year term that
will expire on December 31, 2022.
C. PSERN End User Service Level Agreement with King County -
Authorize
MOTION: Authorize the Mayor to sign the Radio End User
Service Level Agreement with King County as part of the
implementation of the Puget Sound Emergency Radio Network.
D. Transportation Master Plan Performance Metrics - Adopt
MOTION: Adopt the Transportation Master Plan Performance
Metrics.
E. Consultant Services Agreement with GeoEngineers, Inc., for the
Signature Pointe Levee - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with GeoEngineers, Inc. in an amount not to exceed
$812,670 for preliminary design of the Signature Pointe Levee
project, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
F. Amendment to Lifewise Assurance Company Contract for
Medical Stop Loss Insurance - Authorize
8.A.2
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Kent City Council City Council Regular Meeting
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March 3, 2020
Kent, Washington
Page 8 of 9
MOTION: Authorize the Mayor to sign Amendment No. 11 to the
City’s contract for stop loss insurance with LifeWise Assurance
Company for one year, subject to approval of final terms and
conditions acceptable to the Human Resources Director and
City Attorney.
9. OTHER BUSINESS
A. Set March 17, 2020 as the Date for the Public Hearing
Extending the Interim Zoning Ordinance Relating to Trucking-
Intensive Zoning - IF NEEDED
This item was an alternate if item 6.A did not pass. Because Item 6.A
passed, this item has been pulled from the agenda.
MOTION: Set March 17, 2020 as the Date for the Public Hearing
Extending the Interim Zoning Ordinance Relating to Trucking-
Intensive Zoning.
RESULT: PULLED
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
At 8:03 p.m. the Council went into Executive Session
At 8:08 p.m. the Council reconvened into Open Session.
A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase of Real
Estate - Authorize
1. Move to authorize the Mayor to sign a purchase and sale agreement and
all other documents necessary to acquire the Ostrovski Property in
support of the Signature Pointe Levee Improvement Project, subject to
final terms and conditions acceptable to the Public Works Director and the
City Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 8:08 p.m.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
March 3, 2020
Kent, Washington
Page 9 of 9
Kimberley A. Komoto
City Clerk
8.A.2
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Pending Approval
Kent City Council - Committee
of the Whole
Committee of the Whole -
Regular Meeting
Minutes
March 10, 2020
Date: March 10, 2020
Time: 4:00 p.m.
Place: Chambers
1. CALL TO ORDER
Council President Troutner called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present 4:02 PM
Marli Larimer Councilmember Present 4:07 PM
Zandria Michaud Councilmember Present
Les Thomas Councilmember Present
Dana Ralph Mayor Present
3. AGENDA APPROVAL
Chief Administrative Officer, Derek Matheson moved item F. INFO ONLY:
Coronavirus Update to item A, the first item on the agenda and advised there
is an executive session tonight that expected to last 15 minutes with no
action anticipated when the committee reconvenes.
A. Move to approve the agenda as amended.
RESULT: APPROVED [5 TO 0]
MOVER: Bill Boyce, Councilmember
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Michaud, Thomas
AWAY: Kaur, Larimer
4. DEPARTMENT PRESENTATIONS
A. INFO ONLY: Coronavirus Update
Chief Administrative Officer, Derek Matheson provided an update on the
Coronavirus.
On March 6th, Mayor Ralph proclaimed a state of emergency in response to
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
March 10, 2020
Kent, Washington
Page 2 of 5
the Covid-19 Coronavirus. This proclamation allows for the city to contract
quickly and also preserves the ability to seek federal and state funding.
The City activated the emergency coordination center on a planning level
that will focus on developing action plans to implement the
Comprehensive Emergency Management Plan.
The Kent Senior Center has been closed and the City is waiting for
guidance from the Governor regarding any new rules regarding large
events.
Matheson advised of facility cleaning protocols and indicated employees
have been advised to work with their manager and Human Resources if
they have concerns over being at work.
Boards and commissions have been advised they have the City's support
if they need to cancel meetings.
Matheson provided an update on the quarantine facility. The City
continues to press the county to develop a plan and answer the City's
questions regarding public safety.
The City's wants to ensure this is a temporary facility and that the proper
permits are obtained.
The County needs to make sure the facility, although it's a voluntary
isolation and quarantine facility, does not become a come and go facility.
The City is interested in seeking eek reimbursement of police and fire
services.
Matheson advised of a number of King County Councilmembers that are
supporting a County budget amendment regarding this facility.
Matheson provided details on the legal action the City has taken to seek a
temporary restraining order. Matheson advised why the City did not file
the legal action in federal court.
Matheson indicated local business owners have hired attorneys and public
relation firms. The City will support that group as appropriate.
Matheson expressed appreciation of city employees and Mayor Ralph
expressed her appreciation of all the work Matheson has done since this
issue arose.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
March 10, 2020
Kent, Washington
Page 3 of 5
Mayor Ralph knows and understands Kent has a role to play in the
curbing of this virus, but residents are our number one priority.
Mayor asked the County to include Kent in conversations and treat Kent
as partner, not an afterthought. Today we are waiting for a scheduled
update - no information has been provided by the County since Friday.
Mayor Ralph understands the County is overwhelmed, but that does not
excuse not having open conversations with Kent.
Mayor indicated King County Health has been evaluating the facility for a
long-term quarantine facility without any engagement from Kent. All of
Kent’s concerns have not been met.
Mayor thanked residents for their support and she will continue to be
open and transparent.
Councilmembers expressed their concern that this is an equity and social
justice issue and are having a hard time understanding how King County
can believe that a quarantine facility should be located in a population
center.
Council President Troutner expressed her appreciation of the leadership
team for all of their hard work.
B. Amendment to T-Mobile Telecom Lease Agreement for Wilson
Playfields - Authorize
Deputy Parks Director, Brian Levenhagen provided details on the
Amendment to the T-Mobile Telecom Lease Agreement for Wilson
Playfields.
The original lease began in 2005 and the current amendment increases
the fee to $36,000/year. Revenue is applied to the Pa rks operating
budget.
MOTION: Authorize the Mayor to execute a second amendment
to the telecom lease agreement with T-Mobile at Wilson
Playfields, extending the lease five years with three additional
five-year extension options, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
March 10, 2020
Kent, Washington
Page 4 of 5
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020
7:00 PM
C. Property Transaction: Road and Right-of-Way Easements to the
City of Covington - Authorize
Property and Acquisition Analyst, Cheryl Rolcik-Wilcox presented details
on the property transaction - Road and Right-of-Way and Easements to
the City of Covington.
Tim LaPorte advised that if any trees or shrubs are removed in the right -
of-way area, Covington will mitigate for any vegetation removed.
MOTION: Authorize the Mayor to sign a warranty deed to the
City of Covington for a 4,713-foot portion of King County Tax
Parcel No. 362205-9184, along with a wall easement, an access
easement, and a temporary construction easement on the same
parcel, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020
7:00 PM
D. Grant Acceptance - Pedestrian Crossing on West James Street
at Second Avenue North - Authorize
Design Engineer, Drew Holcomb provided details on the pedestrian
crossing on West James Street at Second Avenue North and advised the
City applied for and was awarded funding in the amount of $274,683 to
design and construct a mid-block pedestrian crossing.
MOTION: Authorize the Mayor to sign the System Access Fund
Project Agreement between the City of Kent and the Central
Puget Sound Regional Transit Authority for the West James
Street at Second Avenue crossing improvements, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020
7:00 PM
E. 2020 City Art Plan and Five Year City Art Plan (2020-2024) -
Authorize
Parks Department Program Manager, Rhonda Billerbeck provided
information on the 2020 City Art Plan and Five-Year Art Plan.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
March 10, 2020
Kent, Washington
Page 5 of 5
Since 1985, the City prepares art plans on an annual and 5-year basis.
Billerbeck reviewed the list of new and continuing art projects in addition
to beginning on the Kent Valley Loop Trail plan.
There will be some artwork in the green spaces around the Fourth and
Willis roundabout project.
Billerbeck detailed where the funds come from to support the art plans.
MOTION: Authorize the Mayor to approve the 2020 City Art
Plan and Five Year City Art Plan for 2020-2024.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020
7:00 PM
F. Payment of Bills - Approve
The Council reviewed the payment of bills presented by Finance Director,
Paula Painter.
MOTION: Approve the Payment of Bills
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 3/17/2020
7:00 PM
G. Executive Session
i. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
At 4:40 p.m., the council went into executive session.
At 4:55 p.m., Matheson extended executive session for 5 more minutes.
At 5:00 p.m., Matheson extended executive session for 5 more minutes
At 5:05 p.m., Matheson extended executive session for 5 more minutes
At 5:10 p.m., Matheson extended executive session for 5 more minutes
At 5:16 p.m., the council reconvened into open session.
5. ADJOURNMENT
With no action following executive session, Council President Troutner
adjourned the meeting.
Meeting ended at 5:18 p.m.
Kimberley A. Komoto
City Clerk
8.A.3
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: Approve the Payment of Bills received through 2/15/20 and paid
on 2/15/20, and received through 2/29/20 and paid on 2/29/20, and
approve checks issued for payroll 2/1/20-2/15/20 and paid on 2/20/20,
and checks issued for payroll 2/16/20-2/29/20 and paid on 3/5/20, and
audited by the Committee of the Whole on 3/10/20.
SUMMARY:
8.B
Packet Pg. 29
Approval of payment of the bills received through-----02/15/20
and paid 02/15/20
Approval of checks issued for Vouchers:
Date Amount
02/15/20 Wire Transfers 8194 8210 $2,651,106.14
02/15/20 Regular Checks 742502 742805 $2,071,527.51
02/15/20 Payment Plus 102002 102040 $107,812.60
Void Checks ($202.40)
02/15/20 Use Tax Payable $4,142.30
$4,834,386.15
Approval of payment of the bills received through-----02/29/20
and paid 02/29/20 .
Approval of checks issued for Vouchers:
Date Amount
02/29/20 Wire Transfers 8211 8224 $2,094,659.91
02/29/20 Regular Checks 742806 743244 $5,868,208.63
02/29/20 Payment +102041 102097 $251,223.00
Void Checks ($690.00)
02/29/20 Use Tax Payable $1,635.10
$8,215,036.64
Approval of checks issued for Payroll:2/1/2020-2/15/2020
and paid 2/20/2020
Date Amount
2/20/2020 Checks 0
Voids and Reissues
2/20/2020 Advices 446125 446980 $1,896,249.94
$1,896,249.94
Approval of checks issued for Payroll:2/16/20-2/29/20
and paid 3/5/2020
Date Amount
3/5/2020 Checks $0.00
Voids and Reissues
3/5/2020 Advices 446981 447836 $1,886,472.58
$1,886,472.58
Document Numbers
Document Numbers
Document Numbers
Document Numbers
8.B
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SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
03/10/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 3/17/2020 7:00 PM
8.B
Packet Pg. 31
DATE: March 17, 2020
TO: Kent City Council
SUBJECT: Appoint Padiet Thoa to the Kent Cultural Communities
Board - Confirm
MOTION: Confirm the appointment of Padiet Thoa to the Kent Cultural
Communities Board for a one-year term that will expire March 17, 2021.
SUMMARY: Padiet Thoa represents the growing South Sudanese community in
Kent. He is a former South Sudan Public Affairs Officer with direct experience
working with members of the United Nations, and U.S. Congress. Padiet assisted
the South Sudanese Head Mission in D.C., coordinating and planning procedures to
become members of the international community. He has lived in Kent for more
than three years and is a graduate of the City’s first Kent 101 Civics Program.
I am pleased to recommend the appointment of Padiet Thoa to the Kent Cultural
Communities Board to fill a vacant seat.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
8.C
Packet Pg. 32
DATE: March 17, 2020
TO: Kent City Council
SUBJECT: Property Transaction: Road and Right-of-Way Deed and
Easements to the City of Covington - Authorize
MOTION: Authorize the Mayor to sign a warranty deed to the City of
Covington for a 4,713-foot portion of King County Tax Parcel No. 362205-
9184, along with a wall easement, an access easement, and a temporary
construction easement on the same parcel, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The City of Covington is proceeding with plans to reconstruct a portion
of SR 516 (SE 272nd Street) between Jenkins Creek and 185th Place SE. This project
includes a new Jenkins Creek crossing, widening of the street from two lanes to five
lanes with 8-foot sidewalks and landscaping.
Covington needs to acquire a 4,713 square foot portion of King County Tax Parcel
No. 362205-9184 in fee from the City. Covington also needs to acquire from the
City, a wall easement of 2,627 square feet, an access easement of 8,218 square
feet, and a temporary construction easement of 57,383 square feet, all of which are
located on King County Tax Parcel No. 362205-9184. The temporary construction
easement will remain in effect until no later than November 1, 2022.
An offer was made to the City by Covington, under threat of condemnation, to
compensate the City in the amount of $5,145.00, broken down as follows:
$940 for 4,713 square feet of land in fee
$475 for 2,627 square feet of land for a wall easement
$2,580 for 57,383 square feet of land for a TCE
$1,150 for 8,210 square feet of land for a trail access easement.
This offer was based on fair market value determined by an appraisal conducted on
behalf of Covington.
Staff has reviewed the appraisal, and evaluated Covington’s project needs, and
recommends that Council authorize the Mayor to sign the documents needed to
complete these transactions.
BUDGET IMPACT: None
8.D
Packet Pg. 33
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Warranty Deed (PDF)
2. Wall Easement (PDF)
3. Trail Access Easement (PDF)
4. Temporary Construction Easement (PDF)
5. Real Property Voucher (PDF)
03/10/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 3/17/2020 7:00 PM
8.D
Packet Pg. 34
After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No. STP-0516(22)
Project No. CIP 1127
LPA-302 Page 1 of 4 Pages Parcel No. 362205-9184-06
10/2014
Document Title: Warranty Deed
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn. NE ¼ NE ¼ Section 36 T22N R5E WM
Additional Legal Description is on Page 4 of Document
Assessor’s Tax Parcel Number: 362205-9184-06
WARRANTY DEED
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
The Grantor, CITY OF KENT, a Washington municipal corporation for and in
consideration of the sum of TEN AND NO/100 Dollars, and other valuable consideration,
hereby conveys and warrants to the CITY OF COVINGTON, a Washington municipal
corporation, Grantee, the following described real property situated in King County, in the
State of Washington, under the imminent threat of the Grantee’s exercise of its rights of
Eminent Domain:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof.
Also, the Grantor(s) request the Assessor and Treasurer of said County to set
over to the remainder of the hereinafter described Parcel “A”, the lien of all unpaid taxes, if
any, affecting the real estate herein conveyed, as provided for by RCW 84.60.070.
8.D.a
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WARRANTY DEED
LPA-302 Page 2 of 4 Pages Parcel No. 362205-9184-06
10/2014
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the CITY OF COVINGTON
unless and until accepted and approved hereon in writing for the CITY OF COVINGTON, by
its authorized agent.
Date: , 2019
City of Kent,
a Washington municipal corporation
By:
Dana Ralph, Mayor
Accepted and Approved
CITY OF COVINGTON,
a Washington municipal corporation
By:
Regan Bolli, City Manager
Authorized Agent
Date:
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WARRANTY DEED
LPA-302 Page 3 of 4 Pages Parcel No. 362205-9184-06
10/2014
STATE OF WASHINGTON )
: ss
County of ________________)
On this _______ day of ______________, 2019 before me personally appeared Dana
Ralph, to me known to be the Mayor, for the City of Kent, a Washington municipal
corporation and that she executed the within and foregoing instrument and
acknowledged the said instrument to be the free and voluntary act and deed of said City
of Kent, for the uses and purposes therein set forth, and on oath states that she is
authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
8.D.a
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WARRANTY DEED
LPA-302 Page 4 of 4 Pages Parcel No. 362205-9184-06
10/2014
EXHIBIT A
PARCEL 362205-9184-06
RIGHT-OF-WAY ACQUISITION DESCRIPTION
Parcel “A”
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
LYING NORTH OF THE NORTH 50.00 FEET OF SAID SECTION 36.
CONTAINING 4,713 SQUARE FEET, MORE OR LESS.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 4,713 SQUARE FEET, MORE OR LESS, THE
SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEET S RW-01 AND RW-
02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN JENKINS
CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON AND
BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
8.D.a
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No. STP-0516(22)
Project No. CIP 1127
LPA-324 Page 1 of (4) Pages Parcel No. 362205-9184
10/2014
Document Title: Wall Easement
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn NE ¼ of NE ¼ Section 36 T22N R5E WM
Additional Legal Description is on Exhibit A, Page 4 of Document.
Assessor’s Tax Parcel Number: 362205-9184-06
WALL EASEMENT
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
City of Kent (“Grantor”), for and in consideration of TEN AND NO/100 Dollars, and
other valuable consideration, conveys and grants unto the City of Covington and its assigns,
(“Grantee”), under the imminent threat of the Grantee’s exercise of its rights of Eminent
Domain, a non-exclusive easement over, under, upon and across the hereinafter described lands
for the purpose of the construction and future maintenance of retaining walls to accommodate
raised roadway grade along SE 272nd Street. Also included are retaining walls to limit impacts
of widened roadway.
Said lands being situated in King County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof (the “Easement Area”)
The easement rights conveyed for the Easement Area include, but are not limited to, a
retaining wall; ingress and egress for installation, maintenance, construction, alteration,
reconstruction, and repair of retaining wall (“Easement Purposes”).
Grantee shall have the right, without notice, prior institution of suit, or proceeding at
law, at times as may be necessary, to enter upon the Easement Area, and any immediately
adjacent areas, with the necessary equipment for the Easement Purposes, without incurring any
legal obligation or liability.
8.D.b
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WALL EASEMENT
LPA-324 Page 2 of (4) Pages Parcel No. 362205-9184
10/2014
Grantee shall leave any improvements already existing within the Easement Area and
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee
shall restore these areas to the same condition as they were immediately prior to Grantee’s
entrance into these areas.
Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor’s use does not interfere with the Easement Purposes.
Under no circumstances shall any structures be placed or erected in the Easement Area
by Grantee, other than the aforementioned retaining wall.
It is understood and agreed that delivery of this easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Covington unless
and until accepted and approved hereon in writing for the City of Covington, by its authorized
agent.
Dated:
GRANTOR:
City of Kent
By: Dana Ralph
Title: Mayor
Accepted and Approved
CITY OF COVINGTON,
a Washington municipal corporation
By:
Regan Bolli, City Manager
Authorized Agent
Date:
(Notary Acknowledgment on Following Page)
8.D.b
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WALL EASEMENT
LPA-324 Page 3 of (4) Pages Parcel No. 362205-9184
10/2014
Acknowledgment
STATE OF WASHINGTON )
: ss
County of King )
On this _______ day of ______________ before me personally appeared Dana Ralph,
to me known to be the Mayor for the City of Kent, and that she executed the within
and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said City of Kent, for the uses and purposes therein set forth,
and on oath states that she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
8.D.b
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WALL EASEMENT
LPA-324 Page 4 of (4) Pages Parcel No. 362205-9184
10/2014
EXHIBIT A
PARCEL 362205-9184-06
WALL EASEMENT DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON;
THENCE S 00°03'58" E, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 50
01 FEET, SAID DISTANCE BEING 50.00 FEET SOUTH OF THE S.R. 516 CENTERLINE AND THE POINT
OF BEGINNING;
THENCE CONTINUING S 00°03'58" E, ALONG SAID EAST LINE, A DISTANCE OF 66 00 FEET TO A
POINT LYING 116.01 FEET SOUTH SAID CENTERLINE;
THENCE S 89°56'02" W, A DISTANCE OF 33.03 FEET;
THENCE N 00°31'01" E A DISTANCE OF 58.32 FEET TO A POINT LYING 59.00 FEET SOUTH OF SAID
CENTERLINE; THENCE N 87°39’59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 49.91
FEET;
THENCE N 02°20'01" E, PERPENDICULAR WITH SAID CENTERLINE, A DISTANCE OF 9.0 0 FEET TO A
POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE;
THENCE S 87°39'59" E, PARALLEL WITH SAID CENTERLINE A DISTANCE OF 80.58 FEET;
THENCE S 89°12'37" E, PARALLEL WITH SAID CENTERLINE A DISTANCE OF 1.42 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,627 SQUARE FEET, MORE OR LESS
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 2,627 SQUARE FEET, MORE OR LESS, THE
SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND RW-
02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN JENKINS
CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON AND
BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
8.D.b
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No.
Project No.
LPA-324 Page 1 of (4) Pages Parcel No. 362205-9184
10/2014
Document Title: Access Easement
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn NE ¼ of NE ¼ of STR 36-22-5
Additional Legal Description is on Page 4 of Document.
Assessor’s Tax Parcel Number: 362205-9184-05
ACCESS EASEMENT
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
City of Kent (“Grantor”), for and in consideration of TEN AND NO/100 Dollars, and
other valuable consideration, conveys and grants unto the City of Covington and its assigns,
(“Grantee”), under the imminent threat of the Grantee’s exercise of its rights of Eminent
Domain, a non-exclusive easement over, under, upon and across the hereinafter described lands
for the purpose of the construction and future maintenance of a pedestrian trail crossing SE
272nd Street under the new roadway bridge over Jenkins Creek.
Said lands being situated in King County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof (the “Easement Area”)
The easement rights conveyed for the Easement Area in clude, but are not limited to, a
pedestrian trail; ingress and egress for installation, maintenance, construction, alteration,
reconstruction, and repair of fencing and landscaping to channelize trail users away from the
adjacent creek; maintenance of landscaping and vegetation; and for removal of trash or refuse
left in the Easement Area (“Easement Purposes”).
Grantee shall have the right, without prior institution of suit or proceeding at law, at
times as may be necessary, to enter upon the Easement Area, and any immediately adjacent
areas, with the necessary equipment for the Easement Purposes, without incurring any legal
obligation or liability.
8.D.c
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ACCESS EASEMENT
LPA-324 Page 2 of (4) Pages Parcel No. 362205-9184
10/2014
Grantee shall leave any improvements already existing within the Easement Area and
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee
shall restore these areas to the same condition as they were immediately prior to Grantee’s
entrance into these areas.
Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor’s use does not interfere with the Easement Purposes.
Under no circumstances shall any structures be placed or erected in the Easement Area
by Grantee.
It is understood and agreed that delivery of this easement is hereby tendered and that
the terms and obligations hereof shall not become binding upon the City of Covington unless
and until accepted and approved hereon in writing for the City of Covington, by its authorized
agent.
Dated:
GRANTOR:
City of Kent
By: Dana Ralph
Title: Mayor
Accepted and Approved
City of Covington
By:
Title:
Date:
(Notary Acknowledgment on Following Page)
8.D.c
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ACCESS EASEMENT
LPA-324 Page 3 of (4) Pages Parcel No. 362205-9184
10/2014
Acknowledgment
STATE OF WASHINGTON )
: ss
County of King )
On this _______ day of ______________ before me personally appeared Dana Ralph,
to me known to be the Mayor for the City of Kent, and that she executed the within
and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said City of Kent, for the uses and purposes therein set forth,
and on oath states that she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
8.D.c
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ACCESS EASEMENT
LPA-324 Page 4 of (4) Pages Parcel No. 362205-9184
10/2014
EXHIBIT A
PARCEL 362205-9184-06
ACCESS EASEMENT DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY WASHINGTON;
THENCE S 00°03'58" E, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF
50.01 FEET, SAID DISTANCE BEING 50.00 FEET SOUTH OF THE S.R. 516 CENTERLINE AND THE
POINT OF BEGINNING;
THENCE CONTINUING S 00°03'58" E, ALONG SAID EAST LINE, A DISTANCE OF 88.03 FEET;
THENCE S 89°56'02" W, A DISTANCE OF 44.00 FEET;
THENCE N 46°01'59" W, A DISTANCE OF 120.05 FEET;
THENCE N 02°20’01” E, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 10 .00 FEET TO A
POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE;
THENCE S 87°39'59" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 128.58 FEET;
THENCE S 89°12'37" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 1.42 FEET TO THE
POINT OF BEGINNING.
CONTAINING 8,218 SQUARE FEET, MORE OR LESS.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 8,218 SQUARE FEET, MORE OR LESS, THE
SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND RW-
02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN JENKINS
CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON AND
BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
8.D.c
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After recording return document to:
City of Covington
16720 SE 271st Street, Suite 100
Covington, WA 98042
FA No. STP-0516(22)
Project No.CIP 1127
LPA-324 Page 1 of (4) Pages Parcel No. 362205-9184
10/2014
Document Title: Temporary Construction Easement
Grantor(s): City of Kent
Grantee(s): City of Covington
Legal Description: Ptn. NE ¼ Section 36 T22N R5E WM
Additional Legal Description is on Exhibit A, Page 4 of Document.
Assessor’s Tax Parcel Number: 362205-9184-05
TEMPORARY CONSTRUCTION EASEMENT
SR 516 (SE 272nd ST) Improvements Between Jenkins Creek and 185th PL SE
City of Kent (“Grantor”), for and in consideration of TEN AND NO/100 Dollars, and
other valuable consideration, conveys and grants unto the City of Covington and its assigns,
(“Grantee”), under the imminent threat of the Grantee’s exercise of its rights of Eminent
Domain, the right, privilege and easement over, upon, and across the hereinafter described lands
for the purpose of instream work for realignment of Jenkins Creek to match construction of a
new roadway bridge over Jenkins Creek (“Easement Purposes”). Instream work occurs only
during fish window restrictions and is anticipated to take up to three construction seasons.
The term of this Easement is for 36 months. The term shall commence upon initiation
of Grantee's construction within the Easement Area, but no sooner than November 1, 2019, and
shall remain in force until no later than November 1, 2022, or until completion of construction,
whichever occurs first. Actual occupancy will be no longer than 9 months. This Easement may
be extended by mutual written consent of the Grantor and Grantee. Grantee shall provide
fourteen days written notice to the Grantors prior to the commencement of construction.
Said lands being situated in King County, State of Washington, and described as
follows:
For legal description and additional conditions
See Exhibit A attached hereto and made a part hereof (the “Easement Area”)
Grantee shall have the right, without prior notice, institution of suit, or proceeding at
law, at times as may be necessary, to enter upon the Easement Area, and any immediately
adjacent areas, with the necessary equipment for the Easement Purposes, without incurring any
legal obligation or liability. Grantee shall not conduct maintenance or fuel construction
8.D.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 2 of (5) Pages Parcel No. 362205-9184
10/2014
equipment within the Easement Area. Grantee shall have spill kits onsite to respond
immediately to any fluid leaks in the Easement Area.
Grantee shall leave any improvements already existing within the Easement Area and
the immediately adjacent areas undisturbed, unless the prior written approval of the Grantor is
obtained. If these existing improvements are disturbed or destroyed by Grantee, then Grantee
shall restore these areas to the same condition as they were immediately prior to Grantee’s
entrance into these areas. In addition, Grantee shall use commercially reasonable efforts to
avoid interfering with Grantor’s normal course of business within and surrounding the
Easement Area, and will ensure that Grantor has vehicular access at all times to the Armstrong
Springs water source.
Grantee shall at all times exercise its rights under this Easement in accordance with the
requirements of all applicable statutes, orders, rules and regulations of any public authority
having jurisdiction. Grantee shall defend, indemnify and hold harmless Grantor from and
against claims, damages, liability and fees and costs (including attorneys’ fees and costs)
incurred by or claimed against Grantor as a result of Grantee’s negligence in the exercise of the
rights herein granted to Grantee; provided, however, nothing herein shall require Grantee to
indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor
or the negligence of others unless such others are agents of or otherwise under the control of
Grantee. This indemnification shall survive the termination of this Easement.
Grantor shall retain the right to use the Easement Area, including the immediately
adjacent areas, so long as Grantor’s use does not interfere with the Easement Purposes.
The rights granted by Grantor to Grantee under this Easement are for the limited purpose
of temporarily allowing Grantee entry on the Property for the Easement Purposes. Nothing
herein shall be construed as a conveyance of a real property interest from Grantor to Grantee.
8.D.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 3 of (5) Pages Parcel No. 362205-9184
10/2014
It is understood and agreed that delivery of this temporary easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Covington
unless and until accepted and approved hereon in writing for the City of Covington, by its
authorized agent.
Dated:
GRANTOR:
City of Kent
By: Dana Ralph
Title: Mayor
Accepted and Approved
CITY OF COVINGTON,
a Washington municipal corporation
By:
Regan Bolli, City Manager
Authorized Agent
Date:
(Notary Acknowledgment on Following Page)
8.D.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 4 of (5) Pages Parcel No. 362205-9184
10/2014
Acknowledgment
STATE OF WASHINGTON )
: ss
County of King )
On this _______ day of ______________ before me personally appeared Dana Ralph,
to me known to be the Mayor for the City of Kent, and that she executed the within
and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said City of Kent, for the uses and purposes therein set forth,
and on oath states that she is authorized to execute said instrument.
GIVEN under my hand and official seal the day and year last above written.
(SEAL)
____________________________________
Notary Public in and for the State of
Washington, residing at ________________
My commission expires ________________
8.D.d
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TEMPORARY CONSTRUCTION EASEMENT
LPA-324 Page 5 of (5) Pages Parcel No. 362205-9184
10/2014
EXHIBIT A
PARCEL 362205-9184-06
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROADWAY PURPOSES BY
INSTRUMENT RECORDED UNDER RECORDING NO. 1400465;
AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF WASHINGTON UNDER KING
COUNTY CAUSE NO. 90-2-24267-6
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE EAST BOUNDARY OF THE ABOVE DESCRIBED PARCEL
LYING 50.00 FEET SOUTH OF THE CENTERLINE OF S.R. 516;
THENCE N 89°12'37" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 1.42 FEET;
THENCE N 87°39'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 128.58 FEET TO THE
POINT OF BEGINNING;
THENCE S 02°20'01" W, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 10.00 FEET;
THENCE S 46°01'59" E, A DISTANCE OF 120.05 FEET;
THENCE S 68°10'29" W, A DISTANCE OF 98.34 FEET;
THENCE N 87°39'59" W, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 400.00 FEET;
THENCE N 02°20'01" E, PERPENDICULAR TO SAID CENTERLINE, A DISTANCE OF 130.00 FEET TO
A POINT LYING 50.00 FEET SOUTH OF SAID CENTERLINE;
THENCE S 87°39'59" E, PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 400.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 57,383 SQUARE FEET, MORE OR LESS.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 57,383 SQUARE FEET, MORE OR LESS,
THE SPECIFIC DETAILS CONCERNING ALL OF WHICH ARE TO BE FOUND ON SHEETS RW-01 AND
RW-02 OF THAT CERTAIN PLAN ENTITLED SR 516 (SE 272nd ST) IMPROVEMENTS BETWEEN
JENKINS CREEK AND 185TH PL SE. NOW ON RECORD AND ON FILE AT THE CITY OF COVINGTON
AND BEARING DATE OF APPROVAL, 11-04-19.
Grantor’s Initials
8.D.d
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REAL PROPERTY VOUCHER
AGENCY NAME I hereby certify under penalty of perjury that the items and amounts listed herein are
proper charges against the Agency, that the same or any part thereof
City of Covington has not been paid, and that I am authorized to sign for the claimant.
16720 SE 271st Street, Suite 100
Covington WA 98042 SIGNATURE (IN INK) FOR EACH CLAIMANT DATED
City of Kent, a Washington municipal corporation
GRANTOR OR CLAIMANT (NAME, ADDRESS)TIN/SSN:
City of Kent X
220 4th Ave. S Dana Ralph, Mayor
Kent, WA 98032
PROJECT NO. AND TITLE
SR 516 (SE 272nd ST)
Improvements Between Jenkins Creek and 185th PL SE X
FEDERAL AID NO.PARCEL NO.
STIP-0516(22)362205-9184-06
In full, complete and final payment and settlement for the title or interest conveyed or released, as fully set forth in:DATED $ AMOUNT
Warranty Deed, Wall Easement, Access Easement, Temp. Constr. Easement
LAND:
4,713 SF land in fee ($940); 2,627 SF Wall Easement ($475);
8,218 SF Access Easement ($1,150); and 57,383 SF TCE ($2,580) +$5,145.00
IMPROVEMENTS:
+
DAMAGES:
Cost to Cure +
Proximity +
Other +
SPECIAL BENEFITS
JC (Just Compensation) Amount $5,145.00
REMAINDER:
Uneconomic Remnant +
Excess Acquisition +
DEDUCTIONS:
Amount Previously Paid
Performance Bond
Salvage Amount
Pre Paid Rent
Other
ADMINISTRATIVE SETTLEMENT +
STATUTORY EVALUATION ALLOWANCE +
ESCROW FEE +
REAL ESTATE EXCISE TAX +
OTHER:
+
ACQUISITION AGENT DATE Voucher No.TOTAL AMOUNT PAID
Jennifer Oxrieder $5,145.00
AUTHORIZED AGENT FOR AGENCY DATE
LPA-321 10/2014
8.D.e
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: Grant Acceptance - Pedestrian Crossing on West James
Street at Second Avenue North - Authorize
MOTION: Authorize the Mayor to sign the System Access Fund Project
Agreement between the City of Kent and the Central Puget Sound Regional
Transit Authority for the West James Street at Second Avenue crossing
improvements, to accept the funds and amend the budget to authorize the
expenditure of the grant funds, subject to final grant terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: In 2016, the voters approved the Sound Transit 3 (ST3) package which
included $100 million in a System Access Fund to be allocated to jurisdictions
among Sound Transit’s five subareas. The City of Kent applied for and was awarded
funding in the amount of $273,683 to design and construct a mid-block pedestrian
crossing on West James Street at Second Avenue North. This project will include
the installation of a rectangular rapid flash beacon, high visibility crosswalk, raised
median with a pedestrian cut-through and improve the existing ADA curb ramps on
James and Second Avenue North. The new crossing will improve access to Kent
Station. For bicyclists on the north side of west James Street, the new crossing
provides an opportunity to access the shared use path on the south side of West
James Street.
BUDGET IMPACT: Unanticipated income of $273,683. No budget match is
required.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Kent System Access Fund Agreement (PDF)
8.E
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03/10/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 3/17/2020 7:00 PM
8.E
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System Access Fund Project Agreement Page 1 of 10 GA 0009-20
SYSTEM ACCESS FUND PROJECT AGREEMENT
BETWEEN THE CITY OF KENT AND THE CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY FOR THE
WEST JAMES STREET CROSSING IMPROVEMENTS
GA 0009-20
This Agreement, made and entered into this _____ day of _________________, 2020, between
the City of Kent (hereinafter “City”), and the Central Puget Sound Regional Transit Authority,
(hereinafter "Sound Transit");
WHEREAS, the Sound Transit 3 (“ST3”) high capacity transit system expansion plan was
approved by the voters in November 2016 and includes a $100 million System Access Program to
“fund such projects as safe sidewalks and protected bike lanes, shared use paths, improved bus-
rail integration, and new pick-up and drop-off areas that provide convenient access so that more
people can use Sound Transit services;”
WHEREAS, Sound Transit opened the System Access Fund 2019 Call for Projects in February
2019 and subsequently evaluated applications from local governments against evaluation criteria
identified by the Sound Transit Executive Committee;
WHEREAS, at the conclusion of the public comment period and online open house in August
2019, the Sound Transit Board of Directors approved 30 applications from 27 local governments
on September 26, 2019;
WHEREAS, Sound Transit and the City have a joint interest in delivering on pedestrian and
bicycle improvements for the street crossing at West James Street and 2nd Avenue North,
(hereinafter the “Project), which was duly approved by the Sound Transit Board of Directors as
part of the System Access Program by virtue of M2019-97;
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made a part hereof, it is mutually agreed as
follows:
1.GENERAL
1.1. Purpose. The intent of this Agreement is to establish the terms and conditions for the eligible
work to be performed for the Project during the duration of this Agreement. Attached hereto
as Exhibit A, is the Scope of Work and Deliverables, which outlines the activities, products
and general capital improvements eligible for funding by Sound Transit, as presented to Sound
Transit in the City’s application for Project funding. Funds may be expended on eligible
elements listed in Exhibit A up to the not to exceed amount outlined in Section 1.2 below.
8.E.a
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System Access Fund Project Agreement Page 2 of 10 GA 0009-20
1.2. Agreement Not-to-Exceed Amount. The total amount of the Agreement shall not exceed
$273,683.00. No payments will be made in excess of the established not-to-exceed amount
according to the Project Description outlined in Section 2.1 below.
The funding amount provided by Sound Transit does not include federal funding.
2. PROJECT DESCRIPTION
2.1. The Project will install a Rectangular Rapid Flash Beacon (RRFB), high visibility crosswalk,
raised median with a pedestrian cut-through and ADA ramp on West James Street at 2nd
Avenue North as identified in Exhibit A, Scope of Work and Deliverables. Sound Transit
funding will support two Phases:
2.1.1. Design Phase. The City will design the above elements. The Design Phase is expected
to require $63,158.00 of the total Not-to-Exceed amount noted in Section 1.2. Any
work in the Design Phase exceeding $63,158.00 must be approved by Sound Transit.
To be reimbursed for the Design Phase, the City must provide the following: 1)
Exhibit B, Project Schedule, 2) Exhibit C, Engineer’s Estimate.
2.1.2. Construction Phase. The City will construct the Project. To be reimbursed for the
Construction Phase, the City must provide the following: 1) completed design plans
for Sound Transit review, 1) updated Exhibit B, Project Schedule; 2) Exhibit D,
Environmental Review Certification; 3) Exhibit E, ROW Certification; 4) updated
Exhibit C, Engineer’s Estimate
3. PROJECT MANAGEMENT
3.1. Designated Representatives. The City and Sound Transit have designated formal points of
coordination for this Agreement. The Designated Representatives shall communicate
regularly to discuss the status of the tasks to be performed, to identify upcoming decisions
related to the Project, to provide any information or input necessary to inform those
decisions, and to resolve any issues or disputes related to the Project consistent with this
Agreement.
The Designated Representatives are:
CITY
SOUND TRANSIT
Alex Krieg
Deputy Director, Planning & Integration
401 S Jackson St
Seattle WA 98104
206-903-7663
Alex.Krieg@soundtransit.org
The Parties may change designated representatives by written notice to the other Party during the term
of the Agreement.
8.E.a
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System Access Fund Project Agreement Page 3 of 10 GA 0009-20
3.2. Reporting Requirements. The City is required to submit a Quarterly Progress Report to Sound
Transit’s Designated Representative to include the below elements (Exhibit F: Template for
Reporting Requirements). The report may include supporting documentation (photos, City
documentation, financial information, etc.).
3.2.1. Project Update. Status of major activities including, the Design Phase and
Construction Phase, in the reporting period, both current and upcoming.
3.2.2. Assessment of on-going risks. The City will notify Sound Transit of any issues that
may affect the Project Schedule and overall implementation of the Project.
3.2.3. Project Funding. Summary of expenditures during reporting period, and expected
expenditures in the subsequent reporting period.
3.3. Eligible Costs. Eligible costs include actual costs identified in Exhibit A, Scope of Work and
Deliverables.
3.4. Additional Project Funding. The Not-to-Exceed funding amount in Paragraph 1.2 represents
one hundred percent (100%) of the total Project cost.
3.5. Project Schedule. The parties agree to the schedule identified in Exhibit B, Project Schedule.
The City shall complete all work and deliverables of the Project by one year after the expected
project completion date shown in Exhibit B, Project Schedule, unless otherwise mutually
agreed in writing by both Parties. The City is responsible for notifying Sound Transit of any
material changes to the Project Schedule and rationale for the change in writing as part of its
required quarterly reporting requirements.
3.6. City Work. The City is solely responsible for the environmental review, design, permitting,
construction, project and construction management of all applicable Project elements
including, but not limited to, procurement and construction administration. The City is
responsible for all costs relating to the operations or maintenance of service and capital
improvements related to the Project upon its completion. The City is the owner of the
completed project. Sound Transit is not responsible for funding any service operations or for
maintenance of any improvements implemented under this Agreement.
3.7. Signage. Any identification signage that is used during the Project shall identify Sound Transit
as a funding partner.
3.8. Design Review. The City shall provide Sound Transit the opportunity to review design plans
at milestones identified in Exhibit B, Project Schedule.
3.9. Project Closeout. Before payment of the final invoice, the City and Sound Transit will meet
to ensure final deliverables are complete per Exhibit A, Scope of Work and Deliverables.
4. INVOICING
8.E.a
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System Access Fund Project Agreement Page 4 of 10 GA 0009-20
4.1. The City will submit quarterly invoices and supporting documentation that align with the
Scope of Work and Deliverables for payment (See Exhibit G, Invoice Template). The
invoices must include the Sound Transit purchase order number provided by Sound Transit.
4.2. The City will submit its invoices with the required Project reporting documentation (as
outlined in Section 3.2), in two .pdf files, via email to accountspayable@soundtransit.org (and
carbon copying the Project Designated Representative). Invoices will be paid within (30) days
of Sound Transit’s receipt of the invoice and acceptable and complete supporting
documentation.
4.3. The City agrees to submit a final invoice to Sound Transit within forty-five (45) days after the
City has completed each phase of the work.
4.4. If Sound Transit determines that an invoice lacks sufficient documentation to support
payment, Sound Transit will notify the City of its determination and request that the City
provide additional documentation. Sound Transit may withhold payment of the invoice until
supporting documentation is provided, however such approval shall not be unreasonably
withheld.
5. TERM, SUSPENSION, AND TERMINATION
5.1. Term. This Agreement shall take effect upon the last date of signature by the Parties as set
forth below. This Agreement shall remain in effect until 180 days following Project
completion, unless extended by mutual written agreement of the Parties, superseded by a
future agreement, or suspended or terminated in accordance with this Section 5.
5.2. Termination by Sound Transit. Sound Transit may terminate this Agreement under the
following circumstances:
5.2.1. If work as defined in Exhibit A is not completed by one year after the expected project
completion date shown in Exhibit B, Project Schedule, unless otherwise agreed to by
the Parties.
5.2.2. If the City fails to make progress towards completing the Project and the City has not
provided adequate assurances of its desire or ability to complete the Project and
commence operations.
If the Agreement is terminated under this Section 5.2, the City shall reimburse Sound Transit
the full amount of all payments it made to the City under this Agreement within 90 days of
the date of termination. The City may ask for an extension of time to complete the Project for
good cause. Sound Transit’s agreement to extend the completion will not be unreasonably
withheld.
5.3. Termination by Either Party. Either Party may terminate this Agreement for cause in the event
that the other Party fails to fulfill its material obligations under this Agreement in a timely
manner or breaches any material provision of this Agreement and the Dispute Resolution
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System Access Fund Project Agreement Page 5 of 10 GA 0009-20
Process has failed to reach resolution within the timelines described therein. The Party wishing
to terminate this Agreement for cause will provide the other Party with notice of its intent to
terminate and will give the other Party an opportunity to correct the failure to perform or
breach within thirty (30) days of the notice or within such longer period as may be necessary
in the event that correction cannot reasonably be accomplished within thirty (30) days. If the
failure or breach is not corrected or cured, this Agreement may be terminated by the aggrieved
Party by giving ninety (90) days’ notice to the other Party.
5.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
6. INDEMNITY
6.1. To the maximum extent permitted by law, the City will hold harmless from, and indemnify
and defend Sound Transit (including its board members, officers, directors and employees)
(the “Indemnified Parties”) from and against any and all claims, demands, losses, lawsuits,
actions, or liability of any kind or nature, arising out of or relating to the City’s design,
construction, maintenance or operation of the Project, including claims by the City’s
employees. THE CITY SPECIFICALLY ASSUMES POTENTIAL LIABILITY FOR
ACTIONS BROUGHT BY THE CITY’S OWN EMPLOYEES OR FORMER
EMPLOYEES AGAINST ANY INDEMNIFIED PARTY, AND FOR THAT PURPOSE
THE CITY SPECIFICALLY WAIVES ALL IMMUNITY AND LIMITATIONS ON
LIABILITY UNDER THE WORKERS COMPENSATION ACT, RCW TITLE 51, OR
ANY INDUSTRIAL INSURANCE ACT, DISABILITY BENEFIT ACT OR OTHER
EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD
OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. THIS
INDEMNITY OBLIGATION SHALL NOT BE LIMITED BY ANY LIMITATION ON
THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS
PAYABLE BY OR FOR THE CITY OR A CONTRACTOR UNDER WORKERS’
COMPENSATION, DISABILITY BENEFIT OR OTHER EMPLOYEE BENEFITS
LAWS. THE CITY RECOGNIZES THAT THIS WAIVER WAS SPECIFICALLY
ENTERED INTO AND WAS THE SUBJECT OF MUTUAL NEGOTIATION.
PROVIDED, HOWEVER, THE CITY’S WAIVER OF IMMUNITY BY THE
PROVISIONS OF THIS PARAGRAPH EXTENDS ONLY TO CLAIMS AGAINST
THE CITY BY SOUND TRANSIT, AND DOES NOT INCLUDE, OR EXTEND TO,
ANY CLAIMS BY THE CITY’S EMPLOYEE(S) DIRECTLY AGAINST THE CITY.
The foregoing indemnity applies only to the extent of the City’s negligence.
6.2. The City further agrees to assume the defense of the Indemnified Parties with legal counsel
acceptable to Sound Transit, whose acceptance shall not be unreasonably withheld. In all legal
or claim proceedings arising out of, in connection with, or incidental to the City’s work or that
of its contractors, subcontractors of any tier, suppliers, consultants and sub-consultants. The
City shall pay all defense expenses, including attorney’s fees, expert fees, and costs incurred
directly or indirectly on account of such litigation or claims, and shall satisfy any judgment
8.E.a
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System Access Fund Project Agreement Page 6 of 10 GA 0009-20
rendered in connection therewith. The City may settle any suit, claim, action cost, loss penalty
or damages, subject to the approval of Sound Transit, whose approval shall not be
unreasonably withheld, if such settlement completely and forever extinguishes any and all
liability of the Indemnified Parties. In the event of litigation between the Parties hereto to
enforce the rights under this provision, reasonable attorney fees shall be allowed to the
prevailing party.
6.3. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise
in relation to this Agreement, and each Party will fully indemnify and hold the other Party, its
officers, agents and employees harmless from any tax liability owed by the other Party arising
from or related to the transactions set forth herein, including, but not limited to, any taxes,
penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying
Party and further including all attorneys’ fees and costs incurred in response to any claims or
assessments by any tax authority against indemnifying Party, its officers, agents and
employees.
6.4. The obligations in this Section will survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or
completion.
7. AUDITS
7.1. Each Party will maintain accounts and records, including contract and financial records that
sufficiently and properly reflect all direct and indirect costs of any nature expended for work
performed under this Agreement so as to ensure proper accounting for all monies paid to the
City by Sound Transit. These records will be maintained for a period of six (6) years after
termination or expiration of this Agreement unless permission to destroy the records is granted
by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties.
7.2. The City will make all Project records available for Sound Transit inspection upon prior
reasonable request. Audits may be performed by Sound Transit or its independent public
accountants to ensure compliance with and enforcement of this Agreement. Should the audit
determine that funds from Sound Transit have been used for expenses that were ineligible,
then Sound Transit shall provide a copy of the auditor’s determination to the City. If the City
agrees with the determination, then the City will reimburse Sound Transit the amounts found
to have been ineligible. If the City disputes the auditor’s determination, then the matter shall
be referred to the dispute resolution process set forth in Section 9.
8. INSURANCE
8.1. Coverage. During the construction phase of any eligible elements within the Project, the
City shall provide primary insurance coverage in the amounts that it deems necessary for
construction projects of similar size and cost. If the City is self-insured, it shall provide to
Sound Transit's risk manager a certificate of self-insurance. The City shall require their
contractor(s) and sub-contractors to obtain and maintain insurance in amounts and types
8.E.a
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suitable to protect Sound Transit and the City from exposures presented by the work
performed under this Agreement. The minimum insurance requirements during the entire
term of this Agreement are set forth below:
a) Commercial General Liability in the amount of two million dollars ($2,000,000) each
occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily
injury including death, personal injury, property damage, Employers' Liability and
contractual coverage endorsements, and utilize insurers and coverage forms acceptable to
Sound Transit.
b) Commercial Auto Liability coverage for bodily injury and property damage utilizing
insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million
dollars ($1,000,000) combined single limit.
c) Worker's Compensation insurance coverage, where applicable, shall comply with State of
Washington Labor and Industries requirements.
d) Builders Risk coverage will be the responsibility of all contractors and subcontractors.
e) Pollution Liability (if there is any potential environmental liability exposure) in the
amount of one million dollars ($1,000,000) each occurrence and two million dollars
($2,000,000) aggregate.
f) Professional Liability (if there is a potential professional liability exposure) in the amount
of one million dollars ($1,000,000) per claim.
8.2. Certificates. Certificates of insurance must name Sound Transit as an "Additional Insured,"
and shall reference the number and title of this Agreement. All insurance coverage obtained
by the City or its contractors and subcontractors must name Sound Transit, its officers and
employees as "additional insured's" and contain "severability of interest" (cross liability)
provisions. The City’s and the contractor's insurance policies shall be primary to and not
contributing with any insurance or self-insurance that may be carried by Sound Transit and
waive their right of Subrogation against Sound Transit. Certificates of Insurance, including
the Additional Insured Endorsements, Waiver of Subrogation Endorsements and Primary
and Non-Contributory Endorsements, will be provided to Sound Transit before the start of
any work performed under this Agreement.
9. DISPUTE RESOLUTION
9.1. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section 9. The Parties agree that
neither Party may take or join any action in any judicial or administrative forum to challenge
8.E.a
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System Access Fund Project Agreement Page 8 of 10 GA 0009-20
the other Party’s performance under this Agreement until the dispute resolution process in this
Section 9 has been exhausted.
9.2. The Parties agree that cooperation and communication are essential to resolving issues
efficiently. The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level possible.
9.3. Either Party may refer a dispute to the dispute resolution process by providing written notice
of such referral to the other Party’s Designated Representative. The Parties agree to use their
best efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
a. Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely
manner. If they cannot resolve the dispute within fourteen (14) days after referral of
that dispute to Level One, either party may refer the dispute to Level Two.
b. Level Two - Sound Transit’s Deputy Executive Director, Office of Planning &
Innovation, and the City’s Departmental Leads shall meet to discuss and attempt to
resolve the dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) days after referral of that dispute to Level Two, either Party may refer
the dispute to Level Three.
c. Level Three - Sound Transit’s Executive Director or Designee and the City’s
Department Directors or Designee shall meet to discuss and attempt to resolve the
dispute in a timely manner.
9.4. In the event the dispute is not resolved at Level Three within fourteen (14) days after referral
of that dispute to Level Three, the Parties are free to file suit, seek any available legal remedy,
or agree to alternative dispute resolution methods such as mediation. At all times prior to
resolution of the dispute, the Parties shall continue to perform any undisputed obligations and
make any undisputed required payments under this Agreement in the same manner and under
the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to
the contrary, neither Party has any obligation to participate in mediation or any other form of
alternative dispute resolution following completion of Level Three of the process described
herein. A Party may decline to participate in such proceeding for any reason or no reason.
10. LEGAL PROVISIONS
10.1. Warranties. By execution of this Agreement, both Parties warrant that they have the full
right and authority to enter into and perform this Agreement, and that by entering into or
performing this Agreement, they are not in violation of any law, regulation, or agreement;
and that the execution, delivery and performance of the Agreement has been duly authorized
by all requisite corporate action, and that the signatories hereto, which have signed on each
Parties behalf, are authorized to sign this Agreement.
8.E.a
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System Access Fund Project Agreement Page 9 of 10 GA 0009-20
10.2. No waiver. Neither Party will be relieved of its obligations to comply promptly with any
provision of this Agreement by reason of any failure by the other Party to enforce prompt
compliance, and such failure to enforce will not constitute a waiver of rights or acquiescence
in the other Party’s conduct.
10.3. Costs. Each Party will be responsible for its own costs, including legal fees, incurred in
negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties.
If either Party brings any claim or lawsuit arising from this Agreement, each Party will pay
all its legal costs and attorney’s fees and expenses incurred in defending or bringing such
claim or lawsuit, including all appeals, in addition to any other recovery or award provided
by law; however, nothing in this paragraph will be construed to limit the Parties’ rights to
indemnification.
10.4. Public Records. Each Party shall be responsible for its own public records and public
records requests.
10.5. Notices. All notices required under this Agreement must be in writing and addressed to the
Designated Representative. All notices must be either: (i) delivered in person, (ii) deposited
postage prepaid in the certified mails of the United States, return receipt requested, (iii)
delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party’s Designated Representative.
However, notice under Section 5, termination, must be delivered in person or by certified
mail, return receipt requested.
10.6. The parties may not unreasonably withhold requests for information, approvals or consents
provided for in this Agreement; provided, however, that approvals or consents required to
be given by vote of the Sound Transit Board or the City Board are recognized to be
legislative actions. The parties will take further actions and execute further documents,
either jointly or within their respective powers and authority, to implement the intent of this
Agreement. The City and Sound Transit will work cooperatively with each other to achieve
the mutually agreeable goals as set forth in this Agreement.
10.7. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in
this Agreement, the reference to “days” shall mean calendar days unless otherwise noted.
Any reference to “working days” shall exclude any legal holidays and weekend days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
10.8. No joint venture or partnership is formed as a result of this Agreement. No employees,
agents or subcontractors of one Party shall be deemed, or represent themselves to be,
employees of any other Party.
10.9. This Agreement has been reviewed and revised by legal counsel for both Parties and no
presumption or rule that ambiguity shall be construed against the Party drafting the
8.E.a
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System Access Fund Project Agreement Page 10 of 10 GA 0009-20
document applies to the interpretation or enforcement of this Agreement. The Parties intend
this Agreement to be interpreted to the full extent authorized by applicable law.
10.10. This Agreement may be executed in several counterparts, each of which shall be deemed
an original, and all counterparts together shall constitute but one and the same instrument.
10.11. Severability. In case any term of this Agreement is held invalid, illegal, or unenforceable
in whole or in part, by a court of law, the Parties will reform the agreement to satisfy the
original intent of the Parties.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its
authorized representative affix her/his name in the appropriate space below:
SOUND TRANSIT
By:
Don Billen, Executive Director - PEPD
Date:
CITY
By:
Approved as to form:
By:
Sound Transit Legal Counsel
Date:
Approved as to form:
By:
City of Kent Legal Counsel
Exhibit List:
Exhibit A: Scope of Work and Deliverables
Exhibit B: Project Schedule
Exhibit C: Engineer’s Estimate
Exhibit D: Environmental Review Certification
Exhibit E: ROW Certification
Exhibit F: Template for Reporting Requirements
Exhibit G: Invoice Form
8.E.a
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System Access Fund Project Agreement Page 1 of 8
GA 0009-20
Exhibits
Exhibit A: Scope of Work and Deliverables
This project will install a Rectangular Rapid Flash Beacon (RRFB), high visibility crosswalk,
raised median with a pedestrian cut-through and ADA ramps on W James St at 2nd Ave N
splitting the distance (0.3 miles) between existing crossings to 0.16 miles.
Deliverables
60% and 90% Plans, Specifications, and updated Engineers Estimates (Exhibit C)
Bid ready Plans, Specifications, and updated Engineers Estimates (Exhibit C)
Exhibit D: Environmental Review Certification
Exhibit E: ROW Certification
Bid Tabulation
8.E.a
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System Access Fund Project Agreement Page 2 of 8
GA 0009-20
Exhibits
Exhibit B: Project Schedule
Agreement signed: 4/2020
60% Plans, Specifications and Estimate (PS&E) Review: 7/2020
90% PS&E Review 9/2020
Project Advertisement 3/2021
Bid Opening 4/2021
Council Project Award 5/2021
Project Construction Completion 6/2022
8.E.a
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ITEM
NO.ITEM DESCRIPTION UOM QTY
UNIT
COST TOTAL COST
1000 Mobilization LS 1 $ 20,000.00 $ 20,000.00
1010 Remove Existing Asphalt Concrete Pavement SY 40 $ 20.00 $ 800.00
1020 Remove Cement Concrete Sidewalk/Driveway SY 50 $ 25.00 $ 1,250.00
1025 Remove Cement Concrete Curb and Gutter LF 120 $ 15.00 $ 1,800.00
1050 Saw Cut Existing Asphalt Concrete Pavement LF 220 $ 5.00 $ 1,100.00
1060 Roadway Excavation Incl. Haul CY 10 $ 100.00 $ 1,000.00
1075 Gravel Borrow, Including Haul and Compaction TON 10 $ 45.00 $ 450.00
1080 Crushed Surfacing Top Course, 5/8 Inch Minus TON 20 $ 50.00 $ 1,000.00
1100 HMA Class 1/2", PG 58V‐22 TON 30 $ 250.00 $ 7,500.00
1101 Cement Concrete Sidewalk ADA Curb Ramp EA 3 $ 5,000.00 $ 15,000.00
1145 Cement Concrete Sidewalk SY 20 $ 100.00 $ 2,000.00
1205 Cement Concrete Curb and Gutter LF 120 $ 50.00 $ 6,000.00
1207 Pedestrian Curb LF 120 $ 45.00 $ 5,400.00
1208 Island Modification LS 1 $ 5,000.00 $ 5,000.00
1209 Detectable Warning Surface SF 70 $ 70.00 $ 4,900.00
1209 Remove Existing Landscape Tree (greater than 20”) EA 1 $ 1,500.00 $ 1,500.00
1320 Project Sign Installation EA 1 $ 1,000.00 $ 1,000.00
$ 75,700.00
5005 Traffic Control Labor HR 300 $ 70.00 $ 21,000.00
5010 Construction Signs Class A SF 200 $ 25.00 $ 5,000.00
5015 Traffic Control Supervisor HR 60 $ 80.00 $ 4,800.00
5020 Temporary Traffic Control Devices LS 1 $ 5,000.00 $ 5,000.00
5030 Portable Changeable Message Sign (PCMS) DAY 60 $ 100.00 $ 6,000.00
5031 Sequential Arrow Sign (SAS) DAY 50 $ 60.00 $ 3,000.00
5032 Permanent Signing LS 1 $ 5,000.00 $ 5,000.00
5033 Rectangular Rapid Flash Beacon EA 2 $ 30,000.00 $ 60,000.00
5032 Channelization LS 1 $ 5,000.00 $ 5,000.00
$ 114,800.00
7015 Inlet Protection EA 5 $ 125.00 $ 625.00
7030 ESC Lead HR 40 $ 80.00 $ 3,200.00
7040 SPCC Plan LS 1 $ 5,000.00 $ 5,000.00
7050 Street Cleaning HR 20 $ 160.00 $ 3,200.00
7055 Erosion/Water Pollution Control FA 1 $ 5,000.00 $ 5,000.00
$ 17,025.00
8025 Landscape Restoration FA 1 $ 3,000.00 $ 3,000.00
$ 3,000.00
$ 75,700.00
$ 114,800.00
$ 17,025.00
$ 3,000.00
$ 210,525.00
$ 63,157.50
$ 273,682.50
Pedestrian Crossing on W James Street at 2nd Ave N
SCHEDULE I- STREET
TOTAL SCHEDULE I- STREET
SCHEDULE V- TRAFFIC CONTROL
TOTAL SCHEDULE V- TRAFFIC CONTROL
SCHEDULE VII- TEMPORARY EROSION AND SEDIMENTATION CONTROL
TOTAL SCHEDULE VII- TEMPORARY EROSION AND SEDIMENTATION CONTROL
SCHEDULE VIII- ROADSIDE RESTORATION
TOTAL SCHEDULE VIII- ROADSIDE RESTORATION
30% Engineering & Construction Management
TOTAL CONSTRUCTION COST
SCHEDULE I- STREET
SCHEDULE V- TRAFFIC CONTROL
SCHEDULE VII- TEMPORARY EROSION AND SEDIMENTATION CONTROL
SCHEDULE VIII- ROADSIDE RESTORATION
CONSTRUCTION CONTRACT TOTAL ESTIMATE
8.E.a
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GA 0009-20
Exhibits
Exhibit D: Environmental Review Certification
The City to provide Environmental Review Certification
To be submitted prior to project bid. Project is anticipated to be exempt from SEPA review and is
not anticipated to trigger any additional environmental requirements.
8.E.a
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System Access Fund Project Agreement Page 6 of 8
GA 0009-20
Exhibits
Exhibit E: ROW Certification
The City to provide ROW Certification
To be submitted prior to project bid. No ROW acquisitions are anticipated.
8.E.a
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System Access Fund Project Agreement Page 7 of 8
GA 0009-20
Exhibits
Exhibit F: Template for Reporting Requirements
WEST JAMES STREET CROSSING IMPROVEMENTS
System Access Fund Project
PROJECT REPORT
GA 0009-20
Reporting Period: _______________
Submitted By:___________________
1.Project Update. Status of major activities in the reporting period, both current and upcoming.
2.Assessment of on-going risks. The City will notify Sound Transit of any issues that may affect the
Project Schedule and overall implementation of the Project.
3. Summary of expenditures during reporting period. Summary of expenditures during reporting
period, and expected expenditures in the subsequent reporting period.
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System Access Fund Project Agreement Page 8 of 8
GA 0009-20
Exhibits
Exhibit G: Sound Transit Invoice Form
Invoice No. _____ Dated: _________
TO: Sound Transit
Accounts Payable
401 S Jackson Street
Seattle, WA 98104
accountspayable@soundtransit.org
Attention: Accounts Payable and [Sound Transit’s Designated Representative
Re: WEST JAMES STREET CROSSING IMPROVEMENTS
System Access Fund Project, GA 0009-20
The City’s authorized representative certifies that Sound Transit’s pro rata share of costs under this
invoice is $_______, and is due and payable to [party name] in accordance with the provisions of
the Agreement, and is supported by the attached invoice and supporting documentation. [Identify
the elements(s), and the amounts by element, for which the amount due applies]
The City makes the following representations and warranties to Sound Transit in connection with
the Invoice:
All work performed to date has been, unless otherwise specifically stated by the City, performed in
accordance with the terms and conditions of this Agreement.
The amount specified above has been computed in accordance with, and is due and payable under,
the terms and conditions of the Agreement, has not been the subject of any previous invoice (unless
disputed or rejected for payment) and is not the subject of any pending invoice from the City.
Any liability of Sound Transit arising from these representations and warranties are governed by
the terms and conditions of the Agreement.
City of Kent
By: __________________________________ Date: _________________
[Name, Position]
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: 2020 City Art Plan and Five Year City Art Plan (2020-2024)
- Approve
MOTION: Approve the 2020 City Art Plan and Five Year City Art Plan for
2020-2024.
SUMMARY: The City Art Plan details projects for 2020 and lists art expenditures
planned for 2020-2024 as part of the 5-year plan. The Visual Arts Committee
worked with staff to craft the plan which was approved by Kent Arts Commission on
February 12, 2020.
Kent City Code 4.04.030(B) requires that the Council review and approve the City
Art Plan annually.
BUDGET IMPACT: None. All expenditures are included in the City’s Art Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. 2020 Art Plan and Five-Year Art Plan 2020-2024 (PDF)
03/10/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 3/17/2020 7:00 PM
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2020 CITY ART PLAN
FIVE YEAR CITY ART PLAN, 2020 – 2024
Kent City Code 4.04
Approved:
Visual Arts Committee 2/12/20
Kent Arts Commission 2/12/20
City Council Committee of the Whole:
City Council
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CITY OF KENT
Parks, Recreation & Community Services
Kent Arts Commission
2020 CITY ART PLAN
NEW PROJECTS 2020
Budget
Community Art Project: Kent Creates 13,800
Art Project: Utility Boxes 32,000
Portable Purchases: Summer Art Exhibit Purchase Program 15,000
Capital Project artwork: Kent Valley Loop Trail 5,569
Capital Project artwork: Chestnut Ridge Park 41,731
Capital Project artwork: 4th and Willis Gateway Artwork (see budget below
from existing opportunity fund)
0
TOTAL 2020 BUDGET FOR 19026223.4310 $108,100
OTHER EXPENSES
Salary & Administration (supplies, professional services,
maintenance/repair)
$149,700
TOTAL 2019 BUDGET FOR 10006223.4310 $149,700
Total $2 / capita 128,900 x 2
$257,800
PREVIOUSLY APPROVED PROJECTS
Portable Purchases: Summer Art Exhibit Portable Purchase Program ($142
left from 2019)
142
Capital Project artwork: Kent Valley Loop Trail ($4,431 left from 2013,
$40,000 approved in 2014)
44,431
Collection Maintenance/Programming ($41,007 carried over from 2019) 41,007
Opportunity fund – capital projects, strategic art acquisition, economic
development ($185,306 carried over from 2019, $120,000 earmarked for
4th and Willis Gateway Artwork)
65,306
Capital Project artwork: 4th and Willis Gateway (from opportunity fund) 120,000
Downtown Art Plan and Activation ($15,000 carried over from 2019) 15,000
Capital Project artwork: Morrill Meadows/East Hill Park ($55,500 carried
over from 2017/2016)
55,000
Capital Project artwork: Meet Me on Meeker ($30,000 carried over from
2018)
30,000
Subtotal $371,386
TOTAL 2020 Anticipated Expenditures
$629,186
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KENT ARTS COMMISSION
2020 CITY ART PLAN NARRATIVE
Project Title: Community Project Artwork: Kent Creates
Project Description: Kent Creates, a web platform for sharing art, culture, and creative
endeavors, was launched in 2016. The project fosters inclusiveness by highlighting the talent
and creativity of the Kent community. Participants upload projects to an automated website.
Submissions are reviewed and published on a quarterly basis, with selected projects receiving an
honorarium. Projects can fall within the traditional arts (poetry, painting, music); the community
arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants submit a description
of their project that will provide information and inspire other Kent residents to get creative.
Estimated Costs: $13,800 ($4,000 for honorariums, $4,800 for maintenance/
hosting, $5,000 contingency/additional exhibits/infrastructure
and interface updates
Funding Source: 2020 City Art Plan: $13,800
City Partner: Information Technology
Background: Nationally, arts organizations are changing how they interact with the community.
Traditionally, we have been presenters of arts programs, but we also want to provide platforms
for collaboration. Kent Creates allows people in Kent to share their creativity with one another.
Location: Online
Project Title: Utility Boxes
Project Description: In 2017, Kent Arts Commission staff worked with the Police Department,
Economic Development and Public Works to identify utility/signal boxes to wrap with artwork
(printed on vinyl) to deter graffiti. Building on the success of the five boxes that were part of the
2017 pilot project, the Kent Arts Commission commissioned eight boxes/artworks in 2018 and
2019. Another eight boxes/artworks are planned for 2020.
Estimated Costs: $32,000 (Approx. $4,000/box, 8
boxes projected in 2019)
Funding Source: 2020 City Art Plan: $32,000
2019 City Art Plan: $0 (Approx.
$17,000 remaining is still outstanding
for production/installation)
City Partner: Police Development, Public Work, ECD
Background: Many cities are using vinyl artwork wraps on utility/signal boxes to beautify their
communities and to defer graffiti. Local examples are Shoreline and Federal Way.
Location(s): Varied/TBD
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Project Title: Summer Art Exhibit Purchase Program
Project Description: Purchase quality artworks from area artists that enhance the value of the
City Portable Art collection. The artworks are exhibited in publicly accessible areas of City
facilities, helping to beautify Kent. Budget for artwork purchases ensures high quality of
applicants to Summer Art Exhibit and allows for more strategic purchases.
Estimated Costs: $15,142
Funding Source: 2020 City Art Plan: $15,000
2019 City Art Plan Carry Over: $142
City Partner: Facilities
Background: The City of Kent Arts Commission collection of portable artwork includes a variety
of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit
purchase award program. The portable collection introduces art into areas where the community
does business. A work environment that includes amenities such as art has been shown to
increase productivity and job satisfaction, but the primary purpose is serving the public.
Location: City of Kent facilities
Project Title: Capital Project Artwork(s): Kent Valley Loop Trail (KVLT)
Project Description: Parks Department has long-term plans to create a Kent Valley Loop Trail
system. This system of varying length trails along the Green River will link Riverview Park (yet to
be constructed), Foster Park, Van Doren’s Landing, and Boeing Rock.
Parks Planning and Development contracted with Berger Partnership to develop a Master Plan for
the project in 2013. Through a competitive selection process, the Arts Commission selected Ellen
Sollod to serve as the artist representative on the planning team and to create an art plan for
the KVLT. Ms. Sollod identified and recommended several projects as a cost-effective approach
to maximizing the impact of the public art program’s resources. Recommendations included:
-Finding One’s Way – A system of artist designed trail markings, interpretive signs.
-Sightings and Soundings – A photographer and sound artist would be commissioned to create a
sensory experience that complements and enhances the trail. The product would be available
on-line, as a “print on-demand” book/CD, and potentially through an exhibit.
-Temporary Interventions – Projects to draw attention and people to the trails.
In collaboration with Parks Planning and Development staff, the Kent Arts Commission has
prioritized trailside markings, signs, and installations.
Estimated Costs: $50,000
Funding Source: 2020 City Art Plan: $5,569
2013 and 2014 City Art Plan: $44,431
City Partner: Parks Planning and Development
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Background: The vision for the KVLT is to enhance recreation opportunities at Kent’s river-front
parks and along the Green River Trail that connects them. Integrating public art throughout the
trail and parks will enrich trail and park users' experience and provide a cultural tourism draw.
Location: Kent Valley Loop Trail/parks along Green River
Project Title: Capital Project Artwork: Chestnut Ridge Park Renovation
Project Description: Parks Planning and Development will renovate Chestnut Ridge Park in
2020-2021. Plans include a playground expansion and an open lawn area well-suited for a
sculptural art installation.
Estimated Costs: $41,731
Funding Source: 2020 City Art Plan: $41,731
City Partner: Parks Planning and Development
Background: Chestnut Ridge is a neighborhood park including a picnic shelter and grill, play
equipment, parking, and restrooms. Existing public art includes Peter Reiquam’s “Produce Truck
Weather Vane.”
Location: Chestnut Ridge Park, 9901 South 203rd Street
Project Title: 4th and Willis Gateway Artwork
Project Description: The City is renovating the 4th and Willis intersection with a round-about and
improved greenspaces along the north and south sides of Willis Street. The greenspaces will
include paths and benches, and have been identified as a prime location for public art.
Estimated Costs: $120,000
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan Carry Over/
Reassigned from Opportunity fund: $120,000
City Partner: Parks Planning and Development
Background: Construction should be underway by late 2020.
Location: 4th Avenue and Willis Street Intersection
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PREVIOUSLY APPROVED PROJECTS
Project Title: Collection Maintenance and Programming
Project Description: Projects include outdoor sculpture maintenance and collection repair,
helping to sustain existing assets. Projects in 2020 may include repair and repainting of Railroad
Yard mural at Titus Railroad Park (Mary Iverson, 2006); assessment of Daily Migration train
corridor sculptures (Dos Remedios, 2005)); potential repair and re-siting of WATER sculpture
(Barbara Grygutis, 1993); potential replacement of flags at SR-516/Meeker St. gateway and
various repair and maintenance projects.
Estimated Costs: $41,007
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan Carry Over: $41,007
Background: This fund may be used for maintaining and providing programming for existing
artworks.
Project Title: Opportunity fund (capital projects, strategic art acquisition, economic development
implementation)
Project Description: Identify and implement art project(s) to address City and community goals.
This funding allows the Arts Commission to incorporate significant artwork into capital projects,
acquire artwork for specific locations or needs, and contribute artwork to implementation of the
City of Kent Economic Development Plan. Possibilities include projects as part of the Meeker
Street Corridor, other gateway projects, partnerships with Economic Development and/or the
Kent Downtown Partnership, and acquiring art work to strategically build the City’s collection.
Estimated Costs: $200,306
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan Carry Over: $65,306
($120,000 reassigned to 4th and Willis Gateway Art)
City Partner: Economic Development, Parks Planning and Development
Background: Kent Arts Commission staff continues on-going discussions with Economic
Development staff about ways to partner and use art to achieve community Economic
Development goals. The Kent Downtown Partnership has a renewed interest in incorporating
more art in downtown Kent, providing more potential partnership opportunities.
Location(s): TBD
Project Title: Downtown Art Plan and Activation
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Project Description: The Kent Arts Commission received funding from 4Culture’s 2019 Creative
Consultancies program, which matches artists/creative consultants with municipalities to address
a variety of challenges throughout the region.
The Kent Arts Commission was paired with Lucia Neare to develop a downtown arts and culture
plan for Kent, as well as to implement one or more art activation activities. With new
development and increased energy around revitalizing downtown Kent, there are a variety of
organizations and individuals with interest in incorporating art and culture. Developing a plan will
allow all stakeholders to have ownership and to move forward with a common vision. The project
has involved collaboration with the Kent Downtown Partnership, private property and business
owners; various city departments; and representatives from various cultural communities in
Kent. Relationships have been forged and focus groups will convene in 2020.
Estimated Costs: $60,000 ($30,000 remaining)
Funding Source: 2020 City Art Plan: $0
2019 City Art Plan: $45,000
2019 4Culture Grant: $15,000
City Partner: Potentially Economic Development,
Parks Planning and Development
Background: Currently there are a variety of programs and projects in place in the downtown
core, including portions of the City’s award-winning public art collection, the City’s Centennial
Center Gallery, Kent Downtown Partnership/private art installations, the 3rd Thursday Art Walk,
Kent Summer Concerts, library programs, and two new art studio spaces. It is exciting to see so
much happening in the way of arts and culture in downtown Kent, but the current approach is
scattershot and not united by a common vision. The focus of working with a creative consultant
will be to bring stakeholders together to develop a unified vision and an actionable plan for using
art and culture to transform downtown Kent into the heart of our diverse community.
Project Title: Capital Project Artwork(s): East Hill Park and Morrill Meadows Park
Project Description: The Kent Arts Commission has commissioned an artist (Clark Wiegman) to
create five sculptural parcourse stations for the newly renovated Morrill Meadows Park. The
stations will be located along the park’s loop trail, adjacent to the new YMCA. The artist has
completed fabrication and we are working with Parks Planning and Development to schedule a
spring 2020 installation.
Estimated Costs: $120,000 ($55,500 remaining)
Funding Source: 2017 City Art Plan: $50,000
2016 City Art Plan: $70,000
City Partner: Parks Planning and Development
Background: The City of Kent and the YMCA are collaborated on a project to build a new YMCA
facility on the East Hill Park site. As part of that project, the YMCA and Morrill Meadows Park
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were designed to complement one another, to create a YMCA facility at a community park. The
recreational value lost at the former East Hill Park site was replaced with new and improved
recreational amenities at Morrill Meadows Park, including these artist-designed parcourse
stations. While there are “off-the-shelf” parcourse stations available for purchase, the City
desired to create a series of functional artworks that will both be enjoyed as visual amenities and
used as part of a fitness routine.
Project Title: Art Master Plan and/or Capital Project Artwork: Meeker Street Corridor
Project Description: The City of Kent plans to revitalize the Meeker Street Corridor to create
safer public spaces, generate a greater sense of community pride, and spur economic vitality.
The Economic and Community Development Department contracted with KPG to develop
Streetscape Design and Construction Standards, which were adopted by Kent City Council in
December 2017. The resulting document provides guidance for City staff, property
owners/developers, and engineering and design consultants for the design and construction of
the Meeker Street Streetscape. The Standards demonstrate the City’s vision for the full build-out
of Meeker Street; they will ensure that the streetscape design creates an attractive and cohesive
look and feel for the corridor.
The Streetscape Design and Construction Standards document calls out opportunities for public
art, including “gateway” and “feature” locations, as well as “wayfinding signage” locations. The
Arts Commission intends to select an artist or artist team, through a competitive process, to
develop an Art Plan to dovetail with the Meeker Street Streetscape Design and Construction
Standards, providing a roadmap for potential art projects along the corridor and setting
standards for art that may be implemented by the City, as well as private developers in the
years to come, providing spaces for the everyday interaction of people, community events, and
for the development of adjoining private property.
Estimated Costs: $30,000
Funding Source: 2018 City Art Plan: $30,000
City Partner: Economic and Community Development
Background: The vision for the Meeker Street Corridor is that the streetscape will provide a
stimulating urban environment with a mix of contemporary aesthetics, diverse playfulness,
interactive pedestrian themes, and bike facilities. Integrating public art throughout the corridor
will serve all the design principles: attracting and supporting pedestrian activity, creating
character and a sense of place and community, humanizing the street corridor, designing for
aesthetics as well as function, creating a safe environment, and utilizing sustainable options.
Location(s): Meeker Street corridor from Kent-Des Moines Road to 4th Avenue
KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2020 – 2024
2020 PROJECTS COSTS
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9
Projects 108,100
Community Art Project: Kent Creates 13,800
Art Project: Utility Boxes 32,000
Portable Collection Purchases 15,000
Capital Project Artwork: Kent Valley Loop Trail 5,569
Capital Project Artwork: Chestnut Ridge Park Renovation 41,731
Administration/Maintenance 149,700
Total $257,800
2021 PROJECTS COSTS
Projects 107,800
Capital Project artwork(s): Springwood Park 30,000
Art Project: Utility Boxes
Art Plan and/or Capital Project artwork: Meet Me on Meeker/Entry Sign
32,000
10,000
Portable Collection Purchases 15,000
Kent Creates
Opportunity fund (capital projects, strategic acquisition, economic
development)
15,000
0
Collection maintenance and programming 5,800
Administration/Maintenance 150,000
Total $257,800
2022 PROJECTS COSTS
Projects 108,000
Capital Project artwork(s): Salt Air Vista Park
Art Project: Utility Boxes
50,000
20,000
Opportunity fund (capital projects, strategic acquisition, economic
development)
3,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 5,000
Administration/Maintenance 150,000
Total $258,000
2023 PROJECTS COSTS
Projects 108,000
Capital Project artwork(s) Van Doren’s Landing, 1st Avenue Mural 70,000
Opportunity fund (capital projects, strategic acquisition, econ. dev.) 3,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 5,000
Administration/Maintenance 150,000
Total $258,000
2024 PROJECTS COSTS
Projects 108,000
Opportunity fund (capital projects, strategic acquisition, econ. dev.) 68,000
Portable Collection Purchases 15,000
Kent Creates 15,000
Collection maintenance and programming 10,000
Administration/Maintenance 150,000
Total $258,000
8.F.a
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: Amendment to T-Mobile Telecom Lease Agreement for
Wilson Playfields - Authorize
MOTION: Authorize the Mayor to execute a second amendment to the
telecom lease agreement with T-Mobile at Wilson Playfields, extending the
lease five years with three additional five-year extension options, subject
to final terms and conditions acceptable to the Parks Director and City
Attorney.
SUMMARY: Since 2005, the City has leased premises at the Wilson Playfields to T-
Mobile for a cell tower.
This amendment extends the current lease an additional 5 years, includes a rent
increase to $36,000.00 per year (plus leasehold excise tax), provides for annual
rent increases of 3%, and includes three additional five-year renewal options.
BUDGET IMPACT: Additional revenue realized from extension of lease agreement.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. T-Mobile Amendment to Lease Agreement (PDF)
03/10/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 3/17/2020 7:00 PM
8.G
Packet Pg. 82
Lease Agreement Cover Sheet—Page 1 of 2
CITY CLERK
CITY OF KENT
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6725
PHONE: 253-856-5725
Lease Agreement Cover Sheet
This document is to be used in lieu of the Contract Cover Sheet
SECTION 1 – CONTRACT PROCESSING AND TENANT SET-UP:
Contract Number: L06-009 (lease addendum – established number)
1. Responsible Department/Division: Parks/Facilities
2. Contact Person and Title: Diana Popov, Operations Analyst
Telephone Extension: 5083
3. Tenant (Customer) Name: T-Mobile USA, Inc
4. Tenant (Customer) Number: 105237
5. General Ledger Account Number: P200720.56250
6. King County Tax Parcel Number: 212205-9184
7. Address of Parcel: 13025 SE 251st Street, Kent WA
8. Type of Lease: 2nd Addendum, Lease Agreement Commercial Property
9. Council Authorization Date: scheduled April 7, 2020, original lease
authorized 8/2/2005
10. Mayor Signature Date:
SECTION 2 – LEASE DURATION AND IMPORTANT DATES:
11. Lease Start Date: On execution
12. Tenant Lease Option Renewal Notification Due Date: > 90 days prior to
termination
13. Lease Termination Date:
14. Lease Duration: 5 years
SECTION 3 – RENT DETERMINATION AND DUE DATE:
15. Rent: 3,000.00
16. Rent Due Date: 5th of every month
8.G.a
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Lease Agreement Cover Sheet—Page 2 of 2
17. Calculation of Rental Increase(s): 3% annual increase
SECTION 4 – LEASEHOLD EXCISE TAX:
18. Is this lease subject to leasehold excise taxes?
YES (go to Question 19)
NO, reason:
19. Are leasehold excise taxes for this tenant centrally assessed, i.e.
directly collected from the tenant by the Washington State Department
of Revenue?
YES (attach written verification received directly from DOR or indirectly
through the tenant, e.g. DOR notification letter)
NO (go to Question 20)
20. Does Lease Rent include Leasehold Excise Tax?
(Leasehold taxes must be broken out on the invoice and coded: Business
unit.32500.0303)
YES Calculate the leasehold excise tax (Stated Rent divided by
1.1284)
NO 385.20 (Stated Rent times .1284)
SECTION 5 – APPLICABLITY OF UTILITIES:
21. Applicability of Utilities – Check all that utilities that are affected and
indicate provider (e.g. City of Kent), Account Number or basis of
exclusion.
Does Not Apply
Water:
Sewer:
Drainage: Paid by the City
Garbage:
Electricity/Natural Gas: Puget Sound Energy
SECTION 6 – MONETARY PENALTIES AND LATE INTEREST CHARGES:
22. Monetary Penalties: n/a
23. Late Interest: n/a
SECTION 7 – OTHER LEASE CONSIDERATIONS:
Special lease considerations, e.g. non-monetary rent, etc
None (check box if no considerations)
8.G.a
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TMO Site ID: SE04697F 2/5/20
TMO Lease ID: 84588
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement (the “Amendment”) is effective as of the
date of execution by the last party to sign (the “Effective Date”) by and between City of Kent
(“Landlord”) and T-Mobile West LLC, a Delaware limited liability company (“Tenant”) (each a
“Party”, or collectively, the “Parties”).
Landlord and Tenant (or their predecessors-in-interest) entered into that certain Lease
Agreement dated August 3, 2005, including that certain First Amendment to Lease Agreement
dated May 18, 2011 (including all amendments, collectively, the “Lease”) regarding the leased
premises (“Premises”) located at 13028 Southeast 251st Street, Kent, WA 98030 (the
“Property”).
For good and valuable consideration, Landlord and Tenant agree as follows:
1. The Lease is in full force and effect and neither Landlord nor Tenant is in breach under
the terms of the Lease.
2. At the expiration of the Lease, so long as Tenant is not in default of the Lease, the Term
of the Lease will automatically be extended for three (3) additional and successive five
(5) year terms (each a "Renewal Term"), provided, that Tenant may elect not to renew
by providing Landlord thirty (30) days’ notice prior to the expiration of the then current
Renewal Term.
3. At the commencement of the first Renewal Term, Tenant shall pay Landlord Three
Thousand and No/100 Dollars ($3,000.00) per month, plus leasehold excise tax, ("Rent")
in advance, by the fifth (5th) day of each month. Where duplicate Rent would occur, a
credit shall be taken by Tenant for any prepayment of Rent by Tenant.
Rent shall be adjusted annually on each anniversary of the Renewal Term by an amount
equal to three percent (3%) over the Rent for the immediately preceding year. This new
Rent and Rent adjustment shall supersede and replace any prior Rent or Rent
adjustments.
4. All notices, requests, demands and other communications shall be in writing and shall
be effective three (3) business days after deposit in the U.S. mail, certified, return
receipt requested or upon receipt if personally delivered or sent via a nationally
recognized courier to the addresses set forth below. Landlord or Tenant may from time
to time designate any other address for this purpose by providing written notice to the
other Party.
8.G.a
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TMO Site ID: SE04697F 2/5/20
TMO Lease ID: 84588
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ Site SE04697F
If to Landlord:
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Facilities Manager/City Clerk
5. Tenant and Landlord will reasonably cooperate with each other's requests to approve
permit applications and other documents related to the Property.
6. Except as expressly set forth in this Amendment, the Lease otherwise is unmodified. To
the extent any provision contained in this Amendment conflicts with the terms of the
Lease, the terms and provisions of this Amendment shall control. Each reference in the
Lease to itself shall be deemed also to refer to this Amendment.
7. This Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this Amendment
will legally bind the Parties to the same extent as originals.
8. Each of the Parties represents and warrants that it has the right, power, legal capacity
and authority to enter into and perform its respective obligations under this
Amendment. Landlord represents and warrants to Tenant that the consent or approval
of a third party has either been obtained or is not required with respect to the execution
of this Amendment.
9. This Amendment will be binding on and inure to the benefit of the Parties herein, their
heirs, executors, administrators, successors-in-interest and assigns.
SIGNATURES ON FOLLOWING PAGE
8.G.a
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TMO Site ID: SE04697F 2/5/20
TMO Lease ID: 84588
IN WITNESS, the Parties execute this Amendment as of the Effective Date.
LANDLORD:
City of Kent
By:
Print Name:
Title:
Date:
TENANT:
T-Mobile West LLC,
a Delaware limited liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
T-Mobile Contract Attorney, as to form
8.G.a
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qF. .h$mhålw- s rir
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["{ Ë L} H t V rä rå*T:îl#å TfffÍ,"*"*
(877)373"00e3
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July 30, 2015 CITY OF KENT
clw ctEHK
Cþof Kent
Attn; Facilities Manager/City Clcrk
220Fourth Avenue South
Kent, \ryA 98032
RE: License Agreernent ("Agreement") dated 8l3l20QS between City of Kent ("Landlord") and T-
Mobile West LLC succesßor ¿nd interest to Voicestrcam PCS III Corporation, a subsidiary of T-
Mobile USA, Inc, ("Tenant")
Site ID: S804697F
Slte Address: 13028 SE 251" St, Kenr, rWA g8031
To Whom It May Concern:
Pursuant to the above referenced Agreement and in accordance with Section 2 of the Leaße, T-Mobile West LLC
is herein providing actual notice that it is exercising its right to extend thc tcrm of the above referenced
Agreement for an additional five year term.
Should you have âny questions or colnmonts, I can be contåctcd via email or telephone as noted above,
Sincerely,
AdamBrown
Specialist, l,ease Administration
8.G.a
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Page: 1
Right of Entry
Voicestream PK04-278
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: Resolution Discouraging Landlords and the Sheriff from
Pursuing or Enforcing Evictions Related to the Inability to
Pay Rent due to the Personal Effects of the Coronavirus
MOTION: Adopt Resolution No. 2008, discouraging landlords and the King
County Sheriff from pursuing or enforcing evictions related to the inability
of a tenant to pay rent due to the personal effects of the Coronavirus.
SUMMARY: King County, along with numerous other areas in the United States
and the world, are dealing with the effects of the Coronavirus. Health experts are
concerned because this new virus has the potential to cause severe illness and
pneumonia in some people - especially people over age 60 or who have weakened
immune systems. Health experts are still learning about how the Coronavirus
spreads. Currently it is thought to spread through respiratory droplets when an
infected person coughs or sneezes, between people who are in close contact with
one another (within about 6 feet), and by touching a surface or object with the
virus and then touching the mouth, nose, or eyes. Most Coronavirus illnesses are
mild with fever and cough. The vast majority of people with the Coronavirus
infection do not require hospital care. A much smaller percentage of people get
severely ill with lung and breathing problems like pneumonia. Elderly people and
people with underlying medical conditions are at highest risk.
Those who are determined to have the Coronavirus are likely to be unable to work
for a period of time. Those suspected of having the Coronavirus are required to
self-quarantine for a period of time, and will not be permitted to work until the risk
of spreading the virus ends, or they are tested and receive confirmation they do not
have the virus.
Over the past few weeks, the Governor and King County have issued numerous
orders regarding social distancing in an attempt to prevent the rapid spread of the
Coronavirus. As of March 16, 2020, the following orders, among others, were in
effect:
1. All schools in Washington are closed until April 24, 2020.
2. All gatherings with more than 50 participants are prohibited until further
notice.
3. All gatherings of 50 participants and below are prohibited until further notice
unless previously announced criteria for hygiene and social distancing are
9.A
Packet Pg. 135
met.
4. Restaurants, bars, dance halls, clubs, theaters, health and fitness clubs, and
other similar indoor social or recreational venues must cease operations until
March 31, 2020.
5. Restaurants and food service establishments may remain open only for drive-
through, delivery, and pick-up only, until March 31, 2020.
As a result of illness, self-quarantine requirements, or the various closures required
of emergency orders, some people are unable to work and some of those unable to
work may have insufficient funds to pay rent. During the critical time of this public
emergency, a tenant evicted from his or her residence could face homelessness due
to an insufficiency of funds caused by no fault and without control of the tenant.
The Rental Housing Authority of Washington recently issued the following
statement: “The rental housing industry is recommending a 30-day hold on
writs of restitution for King County residents. This hold would prevent physical
evictions during the emergency period. Importantly, it would still allow unlawful
detainer proceedings to continue but prevent the physical eviction and keep people
in their homes.” The Kent City Council supports efforts by landlords to ensure
those who are affected by the Coronavirus are not dispossessed of safe housing due
to the inability to pay rent.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. COVID-19 Eviction Resolution (PDF)
9.A
Packet Pg. 136
1 Resolution Discouraging
Evictions as a Result
of the Coronavirus
RESOLUTION NO. 2008
A RESOLUTION of the City Council of the
City of Kent, Washington, discouraging landlords in
the City of Kent from pursuing eviction of tenants
who are able to establish that they are unable to pay
rent as a direct result of the personal effects of
Coronavirus.
RECITALS
A. King County, along with numerous other areas in the United
States and the world, are dealing with the effects of the Coronavirus.
B. Health experts are concerned because this new virus has the
potential to cause severe illness and pneumonia in some people — especially
people over age 60 or who have weakened immune systems.
C. Health experts are still learning about how the Coronavirus
spreads. Currently it is thought to spread through respiratory droplets when
an infected person coughs or sneezes, between people who are in close
contact with one another (within about 6 feet), and by touching a surface or
object with the virus and then touching the mouth, nose, or eyes.
D. Most Coronavirus illnesses are mild with fever and cough. The
vast majority of people with the Coronavirus infection do not require hospital
care. A much smaller percentage of people get severely ill with lung and
9.A.a
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2 Resolution Discouraging
Evictions as a Result
of the Coronavirus
breathing problems like pneumonia. Elderly people and people with
underlying medical conditions are at highest risk.
E. Those who are determined to have the Coronavirus are likely
to be unable to work for a period of time.
F. Those suspected of having the Coronavirus are required to self-
quarantine for a period of time, and will not be permitted to work until the
risk of spreading the virus ends, or they are tested and receive confirmation
they do not have the virus.
G. Over the past few weeks, the Governor and King County have
issued numerous orders regarding social distancing in an attempt to prevent
the rapid spread of the Coronavirus. As of March 16, 2020, the following
orders, among others, were in effect:
1. All schools in Washington are closed until April 24, 2020.
2. All gatherings with more than 50 participants are
prohibited until further notice.
3. All gatherings of 50 participants and below are prohibited
until further notice unless previously announced criteria for
hygiene and social distancing are met.
3. Restaurants, bars, dance halls, clubs, theaters, health
and fitness clubs, and other similar indoor social or recreational
venues must cease operations until March 31, 2020.
4. Restaurants and food service establishments may remain
open only for drive-through, delivery, and pick-up only, until
March 31, 2020.
H. As a result of illness, self-quarantine requirements, or the
various closures required of emergency orders, some people are unable to
work and some of those unable to work may have insufficient funds to pay
rent.
9.A.a
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3 Resolution Discouraging
Evictions as a Result
of the Coronavirus
I. During the critical time of this public emergency, a tenant
evicted from his or her residence could face homelessness due to an
insufficiency of funds caused by no fault and without control of the tenant.
J. The Rental Housing Authority of Washington recently issued the
following statement: “The rental housing industry is recommending a 30-
day hold on writs of restitution for King County residents. This hold would
prevent physical evictions during the emergency period. Importantly, it
would still allow unlawful detainer proceedings to continue but prevent the
physical eviction and keep people in their homes.”
K. The Kent City Council supports efforts by landlords to ensure
those who are affected by the Coronavirus are not dispossessed of safe
housing due to the inability to pay rent.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Encourage Landlords to Forego Eviction Proceedings
for Tenants Personally Affected by the Coronavirus. The City Council hereby
encourages landlords to suspend or altogether forgo efforts to evict tenants
for non-payment of rent who establish that they are unable to pay rent as a
direct result of the personal effects of the Coronavirus. Landlords are also
encouraged to waive late payment penalties related to those tenants who are
unable to timely pay rent as a result of the personal effects of the
Coronavirus. Landlords and tenants are encouraged to work together to
resolve payment disputes by utilizing payment plans that will enable
individuals to remain housed.
9.A.a
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4 Resolution Discouraging
Evictions as a Result
of the Coronavirus
SECTION 2. – Encourage the King County Sheriff to Forego the
Enforcement of Evictions for Tenants Personally Affected by the Coronavirus.
The City Council hereby encourages the King County Sheriff to forgo efforts
to enforce court orders that remove rental housing tenants from rental units
for non-payment of rent when those tenants are able to establish that they
are unable to pay rent as a result of the personal effects of the Coronavirus.
SECTION 3. – Exceptions. The City Council clarifies that the above
encouragement does not apply to evictions that are pursued as a result of
the following as set forth in RCW 59.18.130: drug-related activity; gang-
related activity; the intentional or negligent destruction, defacement or
damage to the rental property; activity at the rental property that is
imminently hazardous to the physical safety of other persons on the
property; entails physical assaults upon another person which result in an
arrest; or entails the unlawful use of a firearm or other deadly weapon as
defined in RCW 9A.04.110. The City Council also clarifies that the above
encouragement does not apply to evictions that are pursued as a result of
the violation of a crime free housing addendum to a rental agreement.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 5. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 6. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
9.A.a
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5 Resolution Discouraging
Evictions as a Result
of the Coronavirus
March 17, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
March 17, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: 2020 Asphalt Grinding Project Bid - Award
MOTION: Award the 2020 Asphalt Grinding Project to Statewide Parking
Lot Services, Inc., in the amount of $85,265 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: This project includes grinding asphalt pavement to prepare for the
overlay work performed by the Public Works street crew.
The bid opening was held on March 10, 2020 with three bids received. The lowest
responsible and responsive bid was submitted by Statewide Parking Lot Services,
Inc. in the amount of $85,265.
Bid Tab Summary
01. Statewide Parking Lot Services, Inc. $85,265
02. Puget Paving & Construction, Inc. $88,715
03. Mulier Construction $106,258
Engineer's Estimate $114,000
BUDGET IMPACT: No unbudgeted impacts. The project is funded with B&O Tax
and Solid Waste Utility Tax revenue.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Asphalt Grinding Bid Tab (PDF)
10.A
Packet Pg. 142
2020 Asphalt Grinding
Bid Opening: March 10, 2020, 12:00 PM Statewide Parking Lot Services, Inc. Puget Paving & Construction, Inc. Mulier Construction Engineer's Estimate
33920 211th Pl. SE 10910 26th Ave. S. PO Box 1169 Gursimran Singh
Disclaimer: These preliminary bid results are provided as a convenience to Auburn, WA 98092 Lakewood, WA 98499 Maple Valley, WA 98038
TOTAL $85,265.00 $88,715.00 $106,258.00 $114,000.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
SCHEDULE I: SOLID WASTE UTILITY FUNDING
1000 Mobilization 1 LS 3,000.00 $3,000.00 3,465.00 $3,465.00 388.00 $388.00 6,000.00 $6,000.00
1005 * Planing Bituminous Pavement 11 HD 2,195.00 $24,145.00 2,230.00 $24,530.00 3,166.00 $34,826.00 3,000.00 $33,000.00
1010 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00
SCHEDULE I TOTAL $37,145.00 $37,995.00 $45,214.00 $49,000.00
SCHEDULE II: B&O FUNDING
2000 Mobilization 1 LS 3,000.00 $3,000.00 5,040.00 $5,040.00 388.00 $388.00 7,000.00 $7,000.00
2005 * Planing Bituminous Pavement 16 HD 2,195.00 $35,120.00 2,230.00 $35,680.00 3,166.00 $50,656.00 3,000.00 $48,000.00
2010 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00
SCHEDULE II TOTAL $48,120.00 $50,720.00 $61,044.00 $65,000.00
SUMMARY:
SCHEDULE I TOTAL $37,145.00 $37,995.00 $45,214.00 $49,000.00
SCHEDULE II TOTAL $48,120.00 $50,720.00 $61,044.00 $65,000.00
CONSTRUCTION CONTRACT TOTAL $85,265.00 $88,715.00 $106,258.00 $114,000.00
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contractors for informational purposes only and do not identify lowest
responsible bidder. Bid review by staff and final award pending.
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DATE: March 17, 2020
TO: Kent City Council
SUBJECT: 2020 Crack Sealing Project Bid - Award
MOTION: Award the 2020 Crack Sealing Project to Central Paving, LLC in
the amount of $63,475 and authorize the Mayor to sign all necessary
documents, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
SUMMARY: The project consists of installing approximately 12 tons of rubberized
asphalt for crack sealing roadways throughout the city. Crack sealing extends
pavement life by reducing the amount of water that infiltrates into the road base.
The bid opening was held on March 10, 2020 with six bids received. The lowest
responsible and responsive bid was submitted by Central Paving, LLC in the amount
of $63,475.
Bid Tab Summary
01. Central Paving, LLC $63,475
02. Evergreen Asphalt & Concrete Inc. $89,140
03. Pavement Maintenance of Washington, LLC $100,250
04. Stanley Patrick Striping Co. $105,809
05. BCV Inc. $106,850
06. Huizenga Enterprises $117,894
Engineer's Estimate $125,125
BUDGET IMPACT: No unbudgeted impacts. This project is funded with B&O Tax
and Solid Waste Utility Tax revenue.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
10.B
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ATTACHMENTS:
1. Crack Sealing Bid Tab (PDF)
10.B
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2020 Crack Sealing
Bid Opening: , 2020, 11:00 AM Central Paving, LLC Evergreen Asphalt & Concrete Inc. Pavement Maintenance of WA, LLC Stanley Patrick Striping Co.
1410 W. Dolarway Rd. PO Box 867 19411 SE Green Valley Rd. 1628 3rd St.
Disclaimer: These preliminary bid results are provided as a convenience to Ellensburg, WA 98926 Ravensdale, WA 98051 Auburn, WA 98092 Enumclaw, WA 98002
TOTAL $63,475.00 $89,140.00 $100,250.00 $105,809.00
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
SCHEDULE I: RESIDENTIAL
1000 Mobilization 1 LS 10,000.00 $10,000.00 5,500.00 $5,500.00 2,500.00 $2,500.00 38,000.00 $38,000.00
1005 * Crack Sealant for Crack Sealing 5.5 TON 3,085.00 $16,967.50 5,850.00 $32,175.00 2,000.00 $11,000.00 5,000.00 $27,500.00
1010 * Traffic Control Labor 180 HR 1.00 $180.00 1.00 $180.00 85.00 $15,300.00 1.00 $180.00
1015 * Traffic Control Supervisor 60 HR 1.00 $60.00 1.00 $60.00 100.00 $6,000.00 1.00 $60.00
1020 Temporary Traffic Control Devices 1 LS 500.00 $500.00 1,000.00 $1,000.00 2,500.00 $2,500.00 2,000.00 $2,000.00
1025 * Portable Changeable Message Sign (PCMS) 12 DAY 60.00 $720.00 40.00 $480.00 400.00 $4,800.00 1.00 $12.00
1030 * Sequential Arrow Sign (SAS) 6 DAY 25.00 $150.00 10.00 $60.00 400.00 $2,400.00 1.00 $6.00
1035 SPCC 1 LS 50.00 $50.00 250.00 $250.00 1,500.00 $1,500.00 250.00 $250.00
1040 Minor Changes 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00
SCHEDULE I TOTAL $30,127.50 $41,205.00 $47,500.00 $69,508.00
SCHEDULE II: B&O
2000 Mobilization 1 LS 10,000.00 $10,000.00 6,500.00 $6,500.00 2,500.00 $2,500.00 1,000.00 $1,000.00
2005 * Crack Sealant for Crack Sealing 6.5 TON 3,085.00 $20,052.50 5,850.00 $38,025.00 2,000.00 $13,000.00 5,000.00 $32,500.00
2010 * Traffic Control Labor 210 HR 1.00 $210.00 1.00 $210.00 85.00 $17,850.00 1.00 $210.00
2015 * Traffic Control Supervisor 70 HR 1.00 $70.00 1.00 $70.00 100.00 $7,000.00 1.00 $70.00
2020 Temporary Traffic Control Devices 1 LS 500.00 $500.00 1,000.00 $1,000.00 2,500.00 $2,500.00 1,000.00 $1,000.00
2025 * Portable Changeable Message Sign (PCMS) 14 DAY 60.00 $840.00 40.00 $560.00 400.00 $5,600.00 1.00 $14.00
2030 * Sequential Arrow Sign (SAS) 7 DAY 25.00 $175.00 10.00 $70.00 400.00 $2,800.00 1.00 $7.00
2035 Minor Changes 1 CALC 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00
SCHEDULE II TOTAL $33,347.50 $47,935.00 $52,750.00 $36,301.00
SUMMARY:
SCHEDULE I TOTAL $30,127.50 $41,205.00 $47,500.00 $69,508.00
SCHEDULE II TOTAL $33,347.50 $47,935.00 $52,750.00 $36,301.00
CONSTRUCTION CONTRACT TOTAL $63,475.00 $89,140.00 $100,250.00 $105,809.00
responsible bidder. Bid review by staff and final award pending.
4123
contractors for informational purposes only and do not identify lowest
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Bid Opening: , 2020, 11:00 AM
Disclaimer: These preliminary bid results are provided as a convenience to
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
SCHEDULE I: RESIDENTIAL
1000 Mobilization 1 LS
1005 * Crack Sealant for Crack Sealing 5.5 TON
1010 * Traffic Control Labor 180 HR
1015 * Traffic Control Supervisor 60 HR
1020 Temporary Traffic Control Devices 1 LS
1025 * Portable Changeable Message Sign (PCMS) 12 DAY
1030 * Sequential Arrow Sign (SAS) 6 DAY
1035 SPCC 1 LS
1040 Minor Changes 1 CALC
SCHEDULE I TOTAL
SCHEDULE II: B&O
2000 Mobilization 1 LS
2005 * Crack Sealant for Crack Sealing 6.5 TON
2010 * Traffic Control Labor 210 HR
2015 * Traffic Control Supervisor 70 HR
2020 Temporary Traffic Control Devices 1 LS
2025 * Portable Changeable Message Sign (PCMS) 14 DAY
2030 * Sequential Arrow Sign (SAS) 7 DAY
2035 Minor Changes 1 CALC
SCHEDULE II TOTAL
SUMMARY:
SCHEDULE I TOTAL
SCHEDULE II TOTAL
CONSTRUCTION CONTRACT TOTAL
responsible bidder. Bid review by staff and final award pending.
contractors for informational purposes only and do not identify lowest
BCV Inc. Huizenga Enterprises Engineer's Estimate
PO Box 2898 PO Box 31944 Gursimran Singh
Wenatchee, WA 98807 Bellingham, WA 98228
$106,850.00 $117,894.00 $125,125.00
UNIT TOTAL UNIT TOTAL UNIT TOTAL
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1,500.00 $1,500.00 100.00 $100.00 10,000.00 $10,000.00
5,450.00 $29,975.00 9,300.00 $51,150.00 5,800.00 $31,900.00
60.00 $10,800.00 1.00 $180.00 55.00 $9,900.00
60.00 $3,600.00 1.00 $60.00 55.00 $3,300.00
1,000.00 $1,000.00 1.00 $1.00 3,000.00 $3,000.00
50.00 $600.00 94.50 $1,134.00 75.00 $900.00
50.00 $300.00 5.00 $30.00 75.00 $450.00
300.00 $300.00 50.00 $50.00 1,000.00 $1,000.00
1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00
$49,575.00 $54,205.00 $61,950.00
1,500.00 $1,500.00 100.00 $100.00 6,000.00 $6,000.00
5,450.00 $35,425.00 9,300.00 $60,450.00 5,800.00 $37,700.00
60.00 $12,600.00 1.00 $210.00 55.00 $11,550.00
60.00 $4,200.00 1.00 $70.00 55.00 $3,850.00
1,000.00 $1,000.00 1.00 $1.00 1,000.00 $1,000.00
50.00 $700.00 94.50 $1,323.00 75.00 $1,050.00
50.00 $350.00 5.00 $35.00 75.00 $525.00
1,500.00 $1,500.00 1,500.00 $1,500.00 1,500.00 $1,500.00
$57,275.00 $63,689.00 $63,175.00
$49,575.00 $54,205.00 $61,950.00
$57,275.00 $63,689.00 $63,175.00
$106,850.00 $117,894.00 $125,125.00
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