HomeMy WebLinkAboutCity Council Committees - Kent City Council - 03/24/2020 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, March 24, 2020
4:00 PM
Chambers
THIS IS A REMOTE MEETING DUE TO THE COVID-19
CORONAVIRUS EMERGENCY
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, www.youtube.com/user/KentTV21, and on
a monitor in the Kent City Hall lobby, 220 Fourth Avenue South
Please call 253-856-5700 or email CityCouncil@KentWA.gov to
provide public comment
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
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Updated Lodging Tax Advisory Committee Grant Award for
the VisitKent.com Campaign Managed by JayRay -
Authorize
Michelle Wilmot
B. Payment of Bills - Approve Paula Painter
C. Software Licensing and Consultant Services with
Bottomline Technologies, Inc. – Authorize
Mike Carrington
D. Ordinance Repealing and Readopting Chapter 6.05 KCC –
Latecomer Agreements – Street and Utility - Adopt
Christina Schuck
E. Resolution Amending Kent City Code Fees - Adopt Christina Schuck
F. Fourth and Willis Roundabout - Sight Distance Easement -
Authorize
Cheryl Rolcik-Wilcox
G. Fourth and Willis Roundabout - Right-of-Way Dedication - Cheryl Rolcik-Wilcox
Committee of the Whole Committee of the Whole -
Regular Meeting
March 24, 2020
Ordinance - Adopt
H. Mill Creek at 76th Avenue Flood Protection Improvements
– Drainage Easement and Temporary Construction
Easement - Authorize
Cheryl Rolcik-Wilcox
I. INFO ONLY: Neighborhood Traffic Calming Update Erik Preston
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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.
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Updated Lodging Tax Advisory Committee Grant Award for
the VisitKent.com Campaign Managed by JayRay - Authorize
MOTION: Authorize the Mayor to increase the grant awarded to Economic
and Community Development in the amount of $15,000, for the
VisitKent.com website and tourism promotion campaign designed and
managed by JayRay, subject to terms and conditions acceptable to the
Economic and Community Development Director and City Attorney.
SUMMARY: Since 2017 JayRay, a Marketing, Branding and Public Relations firm
from Tacoma Washington, has been primarily responsible for the content and
design of VisitKent.com, an undertaking designed to promote Kent as a destination
for leisure and tourism activities. During that time JayRay has refined its focus to
develop a successful campaign which focuses on Kent as a destination for a diverse
array of independent dining and other food related experiences.
For 2020, the firm is proposing to build on its most successful efforts and abandon
a few time consuming and less productive ones (specifically, Twitter, which requires
a great deal of care and feeding to keep it timely). The scope of work proposed for
2020 includes deliverables designed to increase engagement with website visitors
and raise the City’s profile in travel and leisure focused media.
BUDGET IMPACT: None.
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. Jayray Scope for 2020 (PDF)
4.A
Packet Pg. 3
fryo*KenttÞ
raYttav A Pl.lct fo lHllt¡(
Bronding I AJwniring I Shcbgic Comnunicqt¡oni
¡¡E Er an¡¡ttutrt tott¡cofll, w^ cøø261.62f.t126ht 28.62f .6W
WA5HINGIôÑVisit Kent
TOUR¡SM PROGRAM: "YEAR OF FOOD TOURTSM DEVELOPMENT"
January-December 2020
Februory I 0, 2020
Maintain website to include events calendar, business listings, seasonal hero sliders (4) including a new "book your
stay" banner, seasonal map icons and incorporate new photos and Kent Food Trails stor¡elling on homepage copy.
Annual hosting, domain, software and plug-in subscriptions *These are third-party costs not controlled byJayRay.
Budget reflects current pricing
Annual technical support plan includes resolution of bugs/errors, uptime monitoring, fast website restore (when
down), necessary theme and plug-in updates
Developer allowance to optimize website for respons¡veness (consider adding social media hashtags to homepage,
shortened scroll on mobile, build out Kent Food Trails page, new Food Trails icon on map, SEO tags...)
Food Campaign landing page development and new "Meet the Tastemakers" section
Website management to oversee hosting and developer services as needed
SUBTOTAL
Develop new social media
produce social content for
strategy for two channels, posting 3 times per week (stop doing Twitter). Write and
lnstagram and Facebook, following approved social media strategy and content calendar
Community manatement and engagement on lnstagram and Facebook (schedule/post contenq grow followers,
respond to posts and proactively engage, upload evenls, curate photos from followers)
Develop annual Kent Food Trails Facebook campaign to span three seasons (Winrer, Spring, Fall) (includes creative
briel two concePts, design and development and final production of up to 8 sizes for different media channels)
includes two rounds of ediæ
Create three sweepstâkes as part ofannual Kent Food Trails Campaign (includes business coordination, purchasing
of prizes and giveaway stratety)
Annual advertising allowance (drive traffic to Vis¡tKent.com) and Facebook Ads Manager management
Boosted posts allowance on social media channels to promote Kent Food trails, food events (Cajun Fest) and
quarterly foodie blogs
Write quarterly foodie blog and post to website (4 per year)-includes Restaurant Week and Cajun Fest
Kent Food Trails photoshoot (2, half-day shoots plus travel) to take photos alongside videographer
Kent Restaurant Week Amplifìcation allowance (includes event media pitching to foodie writers; landing page
development/hosting (does not include copywriting); and digital advertising allowance $ | ,oo0)
SUBTOTAL
Travel blogger/influencer campaign (bring 5 foodie/travel bloggers to explore Kent's food scene (5 solo trips). Find
bloggers, write invitation and pitch, develop itinerary and create agreement forms. lncludes hosting costs.
Enhance Visit Kent Food Trails with "meet the tastemakers" conrent. PR story development includes phone
interviews with 5 Kent restaurant owners/chefs. Turn into 5 stories for new webpage on VisitKent.com and for pR
pitches to media
Cision media database subscription (media lists, coverage monitoring)
SUBTOTAL
Develop proiect work plans,track goals and provide quarterly reports of campaigns and social media (4)
Project status calls (4) with client (one per quarter)
Strategy meetings (2) with client, in-person
SU
su
$ r7,900
$r,200
$4,000
t80
$ r,000
\MEBSITE SERVICES (Development, Hosting, Maintenance & Content)Budget
SOCIAL MEDIA SERVICES Budget
MARKETING SERVICES Budget
MEDIA RELATIONS SERVICES Bu
PROJECT MANAGEMENT Bu
xxx
x x x
x x x
x
x
X
x XX
X
x
x
Qr Q2 Q3 Q4
x x X
x x x
x
x
Qr Q2 Q3 Q4
xxx
x x x
x x x
X x x
x x x
x
x x x
x
x
Qr Q2 Q3 Q4
xxx
x
x
xx
XX
Qr Q2 Q3 Q4
x x
x x
X
x
x
x
x
x
Qr Q2 Q3 Q4
TOTAL 2020 BUDGET: g 89,999
4.A.a
Packet Pg. 4
At
t
a
c
h
m
e
n
t
:
J
a
y
r
a
y
S
c
o
p
e
f
o
r
2
0
2
0
(
2
2
2
6
:
U
p
d
a
t
e
d
L
o
d
g
i
n
g
T
a
x
A
d
v
i
s
o
r
y
C
o
m
m
i
t
t
e
e
G
r
a
n
t
A
w
a
r
d
f
o
r
t
h
e
V
i
s
i
t
K
e
n
t
.
c
o
m
C
a
m
p
a
i
g
n
M
a
n
a
g
e
d
Ara Kentt*JAYRAY A PIAGE TO TH¡TK
Bronding I Advcrtising I Skotcgic Communicolionr
E¡t mcr ¡t¡¡tl¡um 205racot^, wa 9rau2tr.62f.9l2aLr 2¡t.ótt.óga
H G 1 oVisit Kent
TOURISM PROGRAM: ENHANCED PROMOTION & SERVTCES
January-December 2020
February 10,2020
Visitor Profile Study (delivered via pop-up on homepage): designed to get to know where your visitors
are coming from and determining what percent of your website visitors result in a physical visit. Many
destinations are utilizing this tactic.
Survey incentive (4-$ 100 Visa Gift Cards + fee)
Annual report of visitor data collected through survey including percentage of visitors that visit website
and then visit Kent in-person, and Kent travel profìles: interests, length of stay, travel party, reason for
visit, likelihood of visitingagain... (Final report emailed and provided as a pDF)
SUBTOTAL
Collateral hours allowance for producing Visit Kent ads for Thunderbirds advertising sponsorship
(program ad, ticket ads, arena ads, digital âds) xwe'll provide Kent Food Trails videos to run as
commercial spots in arena
Write and design quarterly visitor e-newsletter distributed to up to 2,000 opt-in subscribers (4)
Washington Tourism Alliance membership (membership benefits include e-newsletter distribution, fact
sheet at travel conference, listing on ExperienceWa.com)
Design and write Kent Food Trails brochure, including graphic map and both print and digital files for
website download; asset for media and visitors in-market; include unique URL for tracking ROI includes
two rounds of edits
Printing allowance (5,000 quantity of brochures)
Develop Kent Food Trails video series (one concept, storyboard, videographer management" ons¡te
direction (2, half-day shoots plus travel and food expenses for shots), recruit volunteer models and
provide model releases, present to client)
Videographer costs to produce one 45-60 sec video promoting Kent Food Trails and five 20-30 sec
videos (one for each Food Trail) (lncudes 2, half-day shoots, video production, editing, music, and fìnal
files for website and social media ads) includes one rounds of edi*
Video model incentive allowance for volunteers
SUBTOTAL
Media itinerary development and hosting allowance (for leisure/foodie writers)
PR Newswire (distribute one foodie tourism release (400 words max, 3 basic photos) to USI Travel
Newsline
Travel & Words Conference: Travel writer media sit-down appo¡ntments, one-on-one (May 3-5, 2020
in Bend, OR) (includes advertorial placement in travel mag)
Provide monthly media report and track earned media
Portland Monthly Magazine advertorial (l full page story, website banner ads and enewsletter) to
include article writing, media placement and report of metrics
SUBTOTAL
ENHANCED SERVICES TOTAL BUDGET
2O2O TOURISM BUDGET
FINAL TOTAL
x
X
xxx
xxx
x
x
X
$46,745
$89,999
ç136,744
$ 1,900
$ 3,200
$ 3s0
$ 3,220
$ r,000
$ s,900
$ s,s00
$ 1,000
700
$ 3,0s0
$ 2,87s
$ 8,000
$ 2,675
$ 4,100
\Â/EBSITE (ROl Visitor Data and Travel Profiles)Budget
MARKETING SERVICES Budget
MEDIA RELATIONS SERVICES Budget
x x
x x x X
X
xx
Qr Q2 Q3 Q4
x x
x x
x
x
x
x
X
xx
Qr Q2 Q3 Q4
Qr Q2 Q3 Q4
4.A.a
Packet Pg. 5
At
t
a
c
h
m
e
n
t
:
J
a
y
r
a
y
S
c
o
p
e
f
o
r
2
0
2
0
(
2
2
2
6
:
U
p
d
a
t
e
d
L
o
d
g
i
n
g
T
a
x
A
d
v
i
s
o
r
y
C
o
m
m
i
t
t
e
e
G
r
a
n
t
A
w
a
r
d
f
o
r
t
h
e
V
i
s
i
t
K
e
n
t
.
c
o
m
C
a
m
p
a
i
g
n
M
a
n
a
g
e
d
2O2O VISIT KENT BUDGET- OPTION 2
Website Services
Social Media Services
Marketing Services
Media Relations Services
Project Management
517,320
520,000
s34,990
58,499
59,200
S89,999
s3,975
58,ooo
52,975
53so
s15,200
S1 05, I 99
TOTAL
Visitor Profile Study (website)
Travel & Words Media Exhibition (media retations)
PR Newswire (media relations)
Washington Tourism Altiance Membership (marketing)
TOTAL
COMBINED TOTAL
JAYRAY A PLACE TO THINK VISIT KENT 31
APPROVED BUDGET SUBTOTAL
ENHANCED SERVICES BY PRIORITY SUBTOTAL
4.A.a
Packet Pg. 6
At
t
a
c
h
m
e
n
t
:
J
a
y
r
a
y
S
c
o
p
e
f
o
r
2
0
2
0
(
2
2
2
6
:
U
p
d
a
t
e
d
L
o
d
g
i
n
g
T
a
x
A
d
v
i
s
o
r
y
C
o
m
m
i
t
t
e
e
G
r
a
n
t
A
w
a
r
d
f
o
r
t
h
e
FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: Approve the payment of bills as presented to the City Council
during the March 24, 2020, Committee of the Whole.
SUMMARY:
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.B
Packet Pg. 7
INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Software Licensing and Consultant Services with Bottomline
Technologies, Inc. – Authorize
MOTION: Authorize the Mayor to sign a Software Licensing Agreement with
Bottomline Technologies, Inc., in an amount that will not exceed $160,000,
subject to final terms and conditions acceptable to the Information
Technology Director and City Attorney.
SUMMARY: The Finance and Information Technology departments seek approval in
procuring and deploying a solution, TransformAP, that will enhance the way the City
conducts its accounts payable process.
Accounts Payable staff currently process Purchase Orders (PO) using a combination
of two systems: Oracle IPM for image scan / verification and JDE for PO processing.
Oracle IPM is at end of life and is slated to be replaced by Laserfiche by year end
2020. TransformAP, a module within JDE, offers invoice scanning functionality while
also providing optical character recognition for reduced manual touchpoints. The
TransformAP workflow will allow users to conduct all the AP Processing within JDE
rather than the current multi-system approach.
The Finance Department has requested a single system solution be pursued to
reduce the complexity and human error potential of the current solution.
TransformAP will provide a single system of record and improved audit controls.
The current antiquated scanning hardware platform supporting this process is
plagued by systemic issues and poses a significant security risk.
Two Finance Accounts Payable staff and one Administrative staff work directly
within the two systems currently and process approximately 20k invoices annually,
40% of which are received by paper invoice necessitating a scanning solution.
Bottomline Technologies, Inc. is the vendor who manages TransformAP, the
solution selected by the Finance Department.
Vendor deliverables include data migration, system integration testing, end user
training, and confirmation of Operational Readiness. Project cost will be fully
covered by existing Finance Software Lifecycle funds.
4.C
Packet Pg. 8
The agreement provides for an initial one-year term that will renew automatically
on a yearly basis until terminated. The total cost for the first year, including
integration and training, is $160,000. After the first year, the annual cost thereafter
is $14,085.
BUDGET IMPACT:
Description Cost Impact
Software $70,422
Maintenance $14,085
Consultancy Services $45,300
Additional Professional Services $17,600
Sub-Total $147,407
Contingency $12,593
Total for Software Licensing and Consultancy $160,000
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. Exhibit A - Bottomline Agreement (PDF)
2. Exhibit B - City of Kent TAP JDE (PDF)
3. Exhibit C - City of Kent - TAP JDE Sales Order (PDF)
4.C
Packet Pg. 9
1
BOTTOMLINE TECHNOLOGIES, INC.
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (the “Agreement”) is made the ___day of March, 2020 (the
“Effective Date”) by and between Bottomline Technologies, Inc., a Delaware corporation, located at 325
Corporate Drive, Portsmouth, NH 03801 (“Bottomline”) and ______________________________,
located at ________________________________________ (“Customer”).
1. Software License
a) Subject to the Customer’s compliance with all the terms and conditions of this Agreem ent,
Bottomline hereby grants to Customer a non-exclusive, non-transferable perpetual license to the
“Software”, as set forth on Schedule A of the Agreement, to use for Customer’s own internal
business purposes. The Software consists of the programs and manuals and other related end user
documentation provided by Bottomline. This license grant is perpetual unless terminated in
accordance with Section 11 of this Agreement. All sales are F.O.B. Bottomline’s shipping point.
b) It shall be a breach of this Agreement to permit or allow any third party access to the Software for
third party utilization or to allow time-share or service bureau use of the Software. However, third
party contractors who have executed confidentiality agreements with Customer may use the
Software solely in the normal course of implementation, testing and operation on Customer’s
behalf.
c) In consideration of the rights granted in this Section, and subject to the terms and conditions set
forth in this Agreement, Customer agrees to pay the licensing fees as set forth in Schedule A
pursuant to the invoicing and payment terms set forth in Section 6.
2. Permanent Keys
a) Upon shipment of the Software, a “Permanent Software Key” shall be issued to Customer, which
will allow Customer access to the Software. Customer agrees not to interfere with or defeat the
Permanent Software Keys. In order to install or use additional copies of the Software or to use
server software with additional printers, Customer should contact Bottomline or its authorized
reseller. Customer may be required to obtain a different or additional Permanent Key to install
more copies or enable more printers.
b) The Software may only be installed as follows:
(i) Server Software. In the event that the Software is being installed on a serve r, Customer may
only install and use the Software on the number of computer servers corresponding to paid -for
licenses listed on Schedule A.
(ii) PC Software. In the event that the Software is being installed on a personal computer (“PC”),
Customer may only install and use the Software on the number of PC’s corresponding to paid -for
licenses listed on Schedule A.
3. Software Support and Maintenance
a) Bottomline shall provide Software Support and Maintenance (“Software Support”) to Customer,
in accordance with Bottomline’s then current support polices, during each year in which this
4.C.a
Packet Pg. 10
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
2
Agreement is in effect and so long as Customer continues to renew Software Support and
Bottomline makes Software Support generally available.
b) Unless otherwise specified in Schedule B of this Agreement, Customer agrees to pay the support
fee (20% of Software Net Price) as set forth on Schedule B for an initial one (1) year term
commencing the date on which Customer is notified in writing that the Software is available to
Customer for electronic download. Notice of such electronic download shall be delivered by
Bottomline through an email to the Customer at the following email
address:__________________. Thereafter, Software Support shall automatically renew on each
anniversary, unless either party provides the other of intent not to renew at least thirty (30) days
prior to such an anniversary date.
c) All Software Support is subject to the remedy limitations, warranty disclaimers and damage
limitations of this Agreement. There shall be no support or maintenance of any kind for Software
that is neither under warranty or Software Support. Bottomline reserves the right to discontinue
Software Support to superseded versions of the Software. If Customer discontinues Software
Support, additional fees may be required to upgrade Customer to supported version(s) prior to re -
commencing Software Support.
4. Services
a) If professional services are necessary (the “Services”), all such Services will be provided on a
time and materials basis. Customer agrees to reimburse Bottomline for all reasonable and
necessary travel and expenses incurred by Bottomline while providing the Services. Customer’s
reimbursement obligation applies only if such travel and expenses shall have first been approved
in writing by Customer before being incurred by Bottomline. In consideration of Bottomline
providing any required Services, Customer agrees to pay the fees set forth on Schedule C of the
Agreement.
b) Bottomline shall furnish all material, labor, and supplies at its own expense. Botttomline further
represents that the Services will be performed in accordance with generally accepted professional
practices in effect at the time those Services are performed. Customer shall provide Bottomline
access to its facilities, to perform the Services. Customer acknowledges that its cooperation,
assistance, complete and accurate information and data, suitably configured computer products,
and its timely performance of Customer’s responsibilities (collectively “Cooperation”) are
essential to Bottomline’s performance of the Services. Bottomline shall not be liable for any
deficiency in performing Services if such deficiency results from Customer’s failure to provide
full Cooperation.
c) Customer’s request for any change in the Services or additional services, including but not
limited to, changes in project plans, scope, specifications, schedule, designs, or requirements must
be in writing. Upon receipt of a request for a change, a revised Schedule C will be provided to
Customer for written approval. Bottomline shall not be obligated to perform tasks described in
Customer’s request and the Customer will incur no obligations with respect thereto, until the
Customer approves the revised Schedule C.
5. Intentionally Left Blank
6. Payment Terms
4.C.a
Packet Pg. 11
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
3
a) Invoices for Software and Software Support will be issued on the date the Customer is notified in
writing via the email address set forth in Section 3 (b) herein that the Software is available for
electronic download. Invoices for Services, if any, will be issued as Services are rendered.
Customer agrees that payment will be made within thirty (30) days of receipt of an invoice.
Unless otherwise specified on a Schedule hereto, all payments must be made in U.S. dollars.
b) All prices are exclusive of all Good and Services Tax (“GST”), excise, sales, use, transfer and
other taxes and duties imposed with respect to the products, or their sale, by any federal, state,
municipal or other governmental authority, all of which taxes must be paid by Customer.
Customer shall pay any GST, excise, sales, use or other similar tax as required by law, based
upon charges under this Agreement.
7. Software Warranty
a) Bottomline warrants that the Software will perform substantially in accordance with the product
documentation for a period of twelve (12) from the date that Bottomline notifies the Customer
that the Software is ready for production use (the “Software Warranty Period”). During the
Software Warranty Period, Customer’s exclusive remedy and Bottomline’s entire liability shall be
to correct, or revise, any deficiencies without additional compensation. Under the Software
Warranty, Customer must promptly report any deficiencies to Bottomline in writing in order to
receive Software Warranty remedies. If Bottomline, within forty five (45) days of a written claim
(or such other period as the parties may mutually agree upon), is unable to correct, or revise any
deficiencies or provide a suitable work around during the Software Warranty Period, Bottomline
will refund Software fees paid by Customer under this Agreement and Bottomline will provide
Customer with a pro rata refund of any prepaid but unused Software Support fees.
b) . The Software Warranty will be null and void if any deficiencies were the result of Customer’s
modification, misuse, or misapplication of the Software.
c) BOTTOMLINE DISCLAIMS ALL OTHER WARRANTIES RELATING TO THE
SOFTWARE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOST REVENUE, PROFITS OR
DATA. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT IN THE EVENT OF (i) A BREACH OF CONFIDENTIALITY BY EITHER PARTY, (ii)
CLAIMS FOR BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE PERSONAL PROPERTY
DUE TO BOTTOMLINE’S RECKLESS MISCONDUCT, GROSS NEGLIGENCE, WILLFUL
MISCONDUCT, AND/OR FRAUD, OR (iii) DUE TO BOTTOMLINE’S INDEMNIFICATION
OBLIGATIONS IN SECTION 10 HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO
THE OTHER IN THE AGGREGATE FOR ANY AMOUNTS IN EXCESS OF ONE MILLION
DOLLARS.
No proceeding, regardless of form, arising out of the subject matter of this Agreement will be brought by
Customer more than three years after the claim becomes known to Customer.
4.C.a
Packet Pg. 12
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
4
9. Customer’s Obligations
a) Customer is responsible for the secure storage of all copies of the Software and documentation
and all other materials delivered or created on site by Bottomline, whether in written form, on
magnetic media or otherwise. Customer is permitted to make and maintain a reasonable number
of back-up copies of the Software for archival purposes. Other copying is not permitted.
b) Customer agrees not to decompile, disassemble, or reverse engineer the Software nor disclose the
Software to a third party without Bottomline’s advance written authorization. Customer agrees
not to remove Bottomline’s proprietary legends and notices from the Software or the related
product documentation.
10. Indemnification
a) Bottomline shall defend and indemnify the Customer, its officers, officials, employees, agents
and volunteers from any and all claims, injuries, damages, losses, liability, or suits, including all
legal costs and attorney fees (collectively “Damages”) resulting from third party claims that arise
out of Bottomline’s negligent performance of this Agreement, except for that portion of Damages
caused by the Customer’s negligence. Additionally, Bottomline will defend and indemnify the
Customer for all Damages based on a third party claim that the use of the Software within the
scope of this Agreement infringes a U.S. patent, trade secret or copyright. Bottomline’s
indemnification is conditioned on Customer providing reasonably prompt notification to
Bottomline of the claim and allowing Bottomline to control the defense thereof; provided,
Bottomline may not settle any claim without Customer’s consent unless the Customer is
unconditionally released of all legal liability or financial obligation. This Section states
Customer’s sole and exclusive remedy for alleged or actual infringement or breach of third party
intellectual property or proprietary rights. This indemnity will not apply to any claim of
infringement resulting from any modifications, additions, alterations or other changes made by
Customer to the Software. Bottomline shall have no liability for any claim based on (i)
Customer’s continued use, after written notification, of non-current release of the applicable
Software so long as a current release was made available to Customer without additional charge,
(ii) Customer’s use of the Software other than in accordance with the rights granted under this
Agreement, (iii) Customer’s combination of the Software with any other equipment of software
not provided or recommended by Bottomline, where such infringement would not have occurred,
but for such combination; or (iv) intellectual property rights owned by Customer or any of its
Affiliates.
b) Bottomline’s obligations under this Section are further subject to the following: (i) Customer
must make no admissions of law or fact without Bottomline’s consent (other than as may be
required by law); (ii) Customer must not have contributed to the alleged infringement, other than
authorized or recommended use by Bottomline; (iii) Customer must permit Bottomline, at
Bottomline’s request and expense, to conduct the litigation and conclude any settlement so long
as the Customer is unconditionally released of all legal lability or financial obligation ; and (v)
Customer must reasonably cooperate and give Bottomline all reasonable assistance.
c) If at any time any claim for indemnity pursuant to this Section arises or in Bottomline’s opinion
there is a risk of an infringement issue arising with regard to the Software, then in addition to
Bottomline’s other obligations under this Section, Bottomline may, at its option and expense: (i)
procure the right for Customer to continue to use the Software; or (ii) modify the Software
(without causing diminution in functionality or user experience) so that it does not infringe the
third party’s rights; or (iii) terminate this Agreement as to the Software and the corresponding
4.C.a
Packet Pg. 13
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
5
license granted hereunder and refund Customer’s fees paid for the Software, reduced by twenty
percent (20%) for each year after initial delivery of the Software; the reduction for partial years
will be made pro rata. Where the Software has been modified pursuant to this Section, Customer
is only licensed to use the modified version of the Software and must discontinue all use of prior
versions, unless otherwise authorized by Bottomline in writing.
11. Termination.
a) This Agreement shall commence on the Effective Date and so long as Customer is not in breach
of any of its obligations, will continue in effect unless terminated in accordance with this Section.
Customer may terminate this Agreement by giving ninety (90) days’ advance written notice to
Bottomline at any time provided that Customer is not in breach of the Agreement’s payment
terms prior to giving such notice. Termination under this Section will not entitle Customer to a
refund of any Software fees paid hereunder.
b) Bottomline may terminate any or all of its obligations, including Software Support and Software
licenses granted to Customer, pursuant to this Agreement for breach, at any time, not cured within
thirty (30) days, by written notice to Customer.
c) Upon termination of Software licenses, Customer’s right to use the Software shall immediately
cease and Customer shall return all copies of the Software and related documentation to
Bottomline. Termination shall not affect Customer’s obligation to pay Bottomline for all amounts
owed pursuant to outstanding invoices (including fees for Services that may have been partially
performed and not yet invoiced). Termination shall not affect either party’s rights and obligations
under Sections 8, 13 and 15 of this Agreement.
12. Copyright and Trademark
Customer acknowledges that (either in its own right or under license) Bottomline holds and will
continue to hold all copyright, trademark, and all other property rights in the Software and
documentation (including, but not limited to, any new releases and any modifications). No
ownership rights are granted to Customer under this Agreement. The Software and the related
product documentation are protected by copyright and license terms restricting use, copying,
distribution and decompilation. Bottomline’s product names, brands and logos are trademarks or
registered trademarks of Bottomline.
13. Confidentiality
a) Each party agrees that all materials, documents and information provided to it by the other party
in writing and designated as “Confidential”, or if disclosed in other than tangible form is
designated “Confidential” at the time of disclosure, is and shall be considered as confidential and
proprietary information (collectively, the “Confidential Information”) and the sole property of the
disclosing party. For avoidance of doubt, Bottomline’s Software and Documentation shall be
considered Confidential pursuant to this Section 13.
b) Each party agrees to hold such Confidential Information of the other party in strict confidence
and shall not disclose the Confidential Information to any third party; provided that the party
receiving such information will have no obligations with respect to any Confidential Information
that (i) is now or later becomes publicly available through no fault of the receiving party (ii) is
obtained from the receiving party from a third-party entitled to disclose it (iii) is already in the
possession of the receiving party as indicated in its written records; or (iv) is required by law, rule
4.C.a
Packet Pg. 14
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
6
regulation, order, decision, decree or subpoena or other judicial, administrative or legal process to
be disclosed.
c) As a public agency, records and information provided to or otherwise used by the Customer may
be subject to a request submitted under Washington State’s Public Records Act. In such an event,
Bottomline agrees to cooperate fully with the Customer in satisfying the Customer’s duties and
obligations under the Public Records Act. If a request is received for records Bottomline has
provided to Customer and marked as confidential, proprietary or protected trade secret material,
the City will use its best efforts to provide Grantee with notice of the request in accordance with
RCW 42.56.540 and a reasonable time (of no less than 10 days) within which Bottomline may
seek a court order to prohibit Customer’s disclosure of the requested record. The provisions of
this section shall survive the expiration or termination of this Agreement.
d) Bottomline may (i) compile statistical and other information related to the performance, operation
and use of the Software, Software Support, Services and/or other Customer transaction or usage
data, and (ii) use data from the Software, Software Support, Services and/or other Customer
transaction and usage data in aggregated form for security and operations management, to create
statistical analyses, and for research and development purposes (clauses i and ii are collectively
referred to as “Data Analyses”). Bottomline may make Data Analyses publicly available;
however, such Data Analyses will anonymize Customer’s identity and shall not incorporate
Customer’s transaction data or such Confidential Information in a form that could serve to
identify Customer or any Customer end user. Bottomline retains all intellectual property rights in
Data Analyses.
e) Upon the expiration or early termination of this Agreement, each party will promptly return to the
other party all of the Confidential Information disclosed to it hereunder, except that one copy may
be retained for archival or back-up purposes. Each party acknowledges that the breach of its
obligations under this Section may cause the other party irreparable harm and that the breach or
threatened breach of the non-disclosure provisions of this Agreement may entitle the non-
breaching party to seek injunctive relief, in addition to any other legal remedies that may be
available to it.
14. Government Restricted Right
a) If Customer is acquiring the Software including accompanying Documentation on behalf of the
U.S. Government, the following provisions apply. If the Software is supplied to the Department
of Defense ("DOD"), the Software is subject (in addition to other restrictions) to "Restricted
Rights,” as that term is defined in the DOD Supplement to the Federal Acquisition Regulations
("DFAR") in paragraphs DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-3(a). If the Software
is supplied to any unit or agency of the United States Government other than DOD, the
Government's rights in the Software will be limited (in addition to other restrictions) as stated in
paragraphs 52.227-14(g)(2)(6/87) and 52.227-19(6/87) of the Federal Acquisition Regulations
("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such
restrictions or successor provisions.
15. Miscellaneous
a) This Agreement may not be assigned, delegated or transferred by either party without the prior
written consent of the other. To the extent permitted by this Agreement, this Agreement shall
inure to the benefit of the permitted successors and assigns of both parties.
4.C.a
Packet Pg. 15
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
7
b) Any notice or communication required by either party shall be in writing and shall be sent to the
addresses listed above.
c) While this Agreement remains in effect and for one (1) year following the termination of the
Agreement, neither party shall directly or indirectly recruit, solicit or hire any employee of the
other party, or induce or attempt to induce any employee of a party hereto to terminate his/her
employment with the other party; provided that either party shall be permitted to hire any
employee of the other party who responds to a general employment advertisement or solicitation.
d) Bottomline shall not be responsible or liable for any illegal or unauthorized access to or release of
any end user data from any end user’s device (such as but not limited to cell phones, tablets, and
PC’s) whatsoever, including, but not limited to, any access or release arising from the accessing
of an end user’s login credentials and/or login to an end user’s account(s) by malware, viruses, or
worms for malicious or criminal activities including, but not limited to, fraudulent payments or
fraudulent funds transfer.
e) Any claim, dispute or disagreement arising out of this Agreement (a “Claim”) is governed by the
laws of the State of Washington without regard to conflict of law provisions and shall be resolved
as follows:
1. The parties shall attempt to resolve any Claim promptly by negotiation between
executives who have authority to settle the Claim. Within 30 days after delivery of a notice of
Claim from either party, the executives of both parties shall meet at a mutually acceptable time
and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the
Claim. All such negotiations shall be treated as confidential settlement negotiations for purposes
of applicable rules of evidence.
2. Any Claim not resolved pursuant to the preceding paragraph shall be resolved by a
Washington state or federal court, and the parties irrevocably consent to this jurisdiction and
those courts for all Claims. In any litigation relating to this Agreement, the prevailing party shall
be entitled to recover from the other party its reasonable attorneys’ fees and costs, in addition to
any other relief awarded.
f) This Agreement shall consist of the terms and conditions set forth out in the main body of this
Agreement together with those provisions set out in the attached Schedules. This Agreement,
together with such Schedules, shall constitute the entire agreement and understanding between
the parties and supersedes all prior agreements, representations and understandings between the
parties. In the event there is a conflict between the terms and conditions in a specific Schedule
and the terms and conditions in this Agreement, the terms and conditions in the Schedules shall
supersede for the specific license granted under that particular Schedule. This Agreement may
not be modified or varied in any way except where such amendment or variation is in writing and
signed by both parties. The terms and conditions of any side letter, Customer purchase order or
other document submitted by Customer SHALL NOT APPLY TO THE SUBJECT MATTER OF
THIS AGREEMENT, NOR SHALL THEY BE OF ANY FORCE OR EFFECT OR GOVERN
OR AMEND IN ANY WAY THE TERMS OF THIS AGREEMENT. Bottomline’s failure to
object to provisions contained in any purchase order or other communication from Customer shall
not be construed as a waiver of this Section.
IN WITNESS WHEREOF, each party has caused its duly authorized representative to execute this
Agreement as of the Effective Date.
4.C.a
Packet Pg. 16
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
8
CUSTOMER BOTTOMLINE TECHNOLOGIES, INC.
By: ____________________________ By:_____________________________
Name: _________________________ Name:___________________________
Title:___________________________ Title:____________________________
4.C.a
Packet Pg. 17
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
9
BOTTOMLINE TECHNOLOGIES, INC.
SOFTWARE LICENSE AGREEMENT
SCHEDULE A
SOFTWARE
THIS SCHEDULE A IS HEREBY MADE A PART OF THE ABOVE-REFERENCED
AGREEMENT BETWEEN BOTTOMLINE AND CUSTOMER. PRICING CONTAINED
HEREIN IS IN EFFECT FOR THIS INITIAL ORDER.
4.C.a
Packet Pg. 18
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
10
BOTTOMLINE TECHNOLOGIES, INC.
SOFTWARE LICENSE AGREEMENT
SCHEDULE B
ANNUAL SOFTWARE SUPPORT AND MAINTENANCE
Software Maintenance and Support includes:
1. Toll-free access to Bottomline’s Customer Support Call Center during standard operating hours. The
standard hours of operation are: Monday - Friday (excluding holidays) 8:30 am EST to 8:30 p.m.
EST.
2. MICR quality support, including testing sample documents to ensure product quality.
3. E-mail and bulletin board service to facilitate uploading and downloading files and data.
4. Password protected access to Bottomline’s Support website for FAQ’s and general online support.
5. For no additional charge, all new releases as well as revisions and enhancements to the Software,
excluding operating system platform changes.
6. For an additional charge, Bottomline’s document enhancement services, digitizing services, and
onsite consulting and/or training services.
7. Software Support for obsolete versions of the Software may be made available at the discretion of
Bottomline. Any such agreement would be subject to a separate fee arrangement.
THIS SCHEDULE B IS HEREBY MADE A PART OF THE ABOVE-REFERENCED
AGREEMENT BETWEEN BOTTOMLINE AND CUSTOMER. PRICING CONTAINED
HEREIN IS IN EFFECT FOR THIS INITIAL ORDER.
4.C.a
Packet Pg. 19
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
11
BOTTOMLINE TECHNOLOGIES, INC.
SOFTWARE LICENSE AGREEMENT
SCHEDULE C
SERVICES
THIS SCHEDULE C IS HEREBY MADE A PART OF THE ABOVE-REFERENCED
AGREEMENT BETWEEN BOTTOMLINE AND CUSTOMER. PRICING CONTAINED
HEREIN IS IN EFFECT FOR THIS INITIAL ORDER.
4.C.a
Packet Pg. 20
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
A
-
B
o
t
t
o
m
l
i
n
e
A
g
r
e
e
m
e
n
t
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
City of Kent TAP JDE_PSE_v1.1_090619_ld_rgk - Clean 3-2-20.pdf.docx Page 1 of 3
Professional Services Estimate
Date: March 2, 2020
Customer Name: City of Kent
Project Name: Transform AP for J.D. Edwards Operational Readiness
Description of Work: The following table is a standard list of high-level project phases and tasks required
to implement Transform AP for J.D. Edwards based on the City of Kent_TAP JDE_DOU_v1.1.
Project Phase / Task Onsite*
Days
Offsite
Hours
Transform AP Operational Readiness Services
• Project Management
• Transform AP Integration Assessment
• Customer Business Process Review
• Implementation Preparatory Efforts
• Transform AP, Transform Active Capture software (as licensed)
installation to one test and one production environment
• Onsite* Solution delivery, implementation and configuration
• Solution Administration and Usage Knowledge Transfer
• Onsite* Testing Support
• Remote Post Delivery Services
14 64
Transform AP JDE Additional Services
Transform AP JDE ESU Match for Voucher Match Program
• Project Management
• Development and Unit Testing
• A customer specific development environment is required for the
ESU Match to insure that TAP is using the same ESU level of the JDE
Voucher Match program at the start of the development project
0 24
Transform AP Operational Readiness Services
Go Live Support
• Bottomline Services will provide Go-Live support for the production
Go-Live of Transform AP from the TAP Project Manager and TAP
Technical Consultant in preparation of and immediately following
go-live support
• Dedicated remote go live support for two business days
• As we hold a consultant on reserve for the scheduled go-live days, go
live support will be invoiced in full
0 16
Estimated TOTAL: 14 Days 104 Hours
* Plus Travel and Expenses for all onsite services execution. Onsite indicates services to be executed at
the main customer site/office location. Offsite indicates work performed at regional Bottomline offices.
Project Assumptions
• The professional services listed as ‘TAP JDE ESU Match for Voucher Match Program’ are provided as a
one-time match of the TAP JDE Voucher Match program to the JDE P4314 Voucher Match program to
insure that TAP is using the same ESU level of the JDE Voucher Match program. Changes to the ESU or
Version level of JDE could result in the need for some additional professional services to perform the
‘TAP JDE ESU Match for Voucher Match Program’ again at the new JDE level.
4.C.b
Packet Pg. 21
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
B
-
C
i
t
y
o
f
K
e
n
t
T
A
P
J
D
E
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
City of Kent TAP JDE_PSE_v1.1_090619_ld_rgk - Clean 3-2-20.pdf.docx Page 2 of 3
• Bottomline will coordinate with The City of Kent to ensure that the required access to servers via the
use of SecureLink remote connections will be completed prior to any scheduled software installation.
Access to the non-Production JDE environments and a JDE Development workstation is to be provided.
• Test and Production environments for each system are installed and configured as part of the same
project although each may occur at different times. For the City of Kent, the test environment will be
setup and configured prior to the production environment setup and configuration. JDE Test and
Production Instances are identical in configuration to facilitate testing that will be consistent with
production setup and processing.
• A “train the trainer” approach will be used for all projects. Bottomline will “train” the core project team
and the customer project team will train the end-users. All onsite services are expected to be delivered
at one location.
• We anticipate that the breakdown of billable work on this estimate is that 60% of the work will be
performed by the Bottomline Implementation Consultant and that 40% will be performed by the
Bottomline Project Manager.
• Line item capture and line item match is not expected to be required.
• Any changes to the customers’ project team may require additional time/services for the completion
of the project.
• Customer is required to tailor user test scripts provided by Bottomline to their specific requirements
and then test and sign off on the test scripts to ensure that all required standard and as applicable non-
standard configurations/additional professional services are tested and approved before production
transition for this project.
General Assumptions and Notes
• All services and development efforts are based on customer supplied forms, data files and business
rules defined at commencement of project. Customers are responsible for providing production
quality data files representative all of conditions and data field variations prior to the commencement
of any Bottomline development activities. Development is conducted within Bottomline development
environments and may result in variations when tested within the client’s environment or repository.
Variances discovered during the project lifecycle may require a change order to secure additional
billable services. Additional billable services will be needed to accommodate new or additional data
files, conditions, or modifications to data files once development commences; including the use of data
files needed to develop, validate or test business logic, presentation layers, or distribution rules.
• Customers must provide an appropriate primary point of contact to work with the Bottomline
Technologies dedicated Project Manager and Technical Team for the entire duration of the
engagement. In addition, customers are responsible for providing and managing the necessary staff
resources to assist with the implementation of each defined project. Customers are responsible for
providing and managing their necessary partner(s) and/or third party resources to assist with the
project as needed.
• Customers are responsible for procuring all hardware required to support infrastructure of defined
technical architecture. In addition, customers who utilize email, fax, PDF generation or any 3rd party
product must have that application installed and configured for use by all Bottomline Technology
software prior to the commencement of services. All environments identified at commencement of
project are installed and configured at the same time and are identical in configuration to facilitate
testing that will be consistent with production setup and processing.
• All listed work efforts will follow standard Bottomline project methodology. All services are provided
during normal Bottomline business hours. Components of the stated services may be provided
remotely. Other than project operational documents, supplemental documents or training materials
are not provided. Advanced project plans are not expected to be needed however can be
accommodated on a time and materials basis from your Bottomline project manager.
4.C.b
Packet Pg. 22
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
B
-
C
i
t
y
o
f
K
e
n
t
T
A
P
J
D
E
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
City of Kent TAP JDE_PSE_v1.1_090619_ld_rgk - Clean 3-2-20.pdf.docx Page 3 of 3
• All services and development efforts are to be completed in consecutive business days over a
scheduled period of time. Bottomline project managers will work with the client to schedule the project
engagement. If the client experiences a delay for any reason that impacts Bottomline’s ability to deliver
or complete the engagement within the scheduled dates the project lifecycle may be delayed or
rescheduled to resume at a later date. Services work scheduled to resume at a later date will be given
a first available date to resume once all missing elements are provided to Bottomline and the
Bottomline project team has confirmed receipt of all outstanding items.
• Any Onsite or Retainer date confirmed in writing for the provision of one or more Professional Services
days (“Consultancy Day(s)”) may only be cancelled or postponed by the Customer by written
notification to Bottomline. If a request for cancellation or postponement is received from the Customer
less than five (5) working days before the commencement of the Consultancy Day(s) then Bottomline
shall be entitled to invoice Customer at the full applicable Daily Rate for the cancelled or postponed
Consultancy Day(s). Additionally, for any scheduled onsite visit that is cancelled or postponed after
travel arrangements have been made by a Bottomline consultant, the Customer is responsible for any
nonrefundable travel expenses (or the change fee) and any other adjustments in travel costs.
• All onsite work shall be charged in full-day increments for each of the Bottomline personnel assigned
to provide the Services. For all onsite engagements once a consultant is at the client location; should
all tasks be completed earlier than expected and the client elects to end onsite services early, the full
amount of onsite days scheduled shall be charged. All off-site or remote work is charged in one (1)
hour increments. Rates shall be set forth in the accompanying Sales Order.
• Remote billable consulting services include, but are not limited to the following activities: preparatory
efforts, planning, internal and external calls, emails, WebEx’s, resource coordination, managing
logistics, reporting, scheduling, project and task management, confirmation of software/licenses,
analysis, implementation and installation services, product and application trouble shooting,
knowledge transfer, questions/answers, issue escalation and resolution, configuration of remote
access or WebEx connectivity and project close-out. Upon request project work logs will be provided
which summarize the services performed. Requests made for projects work logs containing non-
standard information will incur an additional charge based on time and materials.
• Limited Remote Go Live support is included in this proposal. As we work with your team implementing
these services, our project manager will work directly with you to determine the appropriate level of
go live consultative support we recommend.
• The information contained in this PSE is valid for 90 days from the above date.
4.C.b
Packet Pg. 23
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
B
-
C
i
t
y
o
f
K
e
n
t
T
A
P
J
D
E
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
Page 1 of 2
Bottomline Technologies, Inc.
325 Corporate Drive
Portsmouth, NH 03801-6808
www.bottomline.com
Sales Order No. BT-074115
Sales Order Date 8/29/2019
Expiration Date 10/31/2019
Customer Number KENCIT001
Invoice Terms NET 30
Account Rep Darren Entrekin
Email dentrekin@bottomline.com
Phone (603) 501-5380
Purchase Order
Order Agreement for Customer:* CITY OF KENT *Hereafter referred to as Customer
Order Totals
Bill To Ship To
Address CITY OF KENT
220 4TH AVENUE SOUTH
KENT, Washington 98032-5838
United States
CITY OF KENT
Information Technology – City of Kent, 220 4TH
AVENUE SOUTH
Kent, Washington 98032-5838
United States
Ship to Attention Michael (Mike) Carrington Comments:NOTE: Please ship to:
Information Technology – City of Kent
ITA@kentwa.gov Phone (253) 856-4607 DD
Email mcarrington@kentwa.gov
Delivery Method ELECTRONIC
Currency USD
Product Name Product Code Unit Price Quantity Adjustment Net Price
Software
TAP - Transform AP v.4.1 for JDE Software
Bundle
NA-TJD-SW09-90013 $50,000.00 1.00 - 6,000.00 $44,000.00
TAP - JDE Application
$0.00 1.00 Included
TAP JDE - Production Server
$0.00 1.00 Included
TAP JDE - Non-Production Server
$0.00 1.00 Included
TFS Transform Content Center production
$0.00 1.00 Included
TAP JDE - 25 Concurrent User Pack
$0.00 1.00 Included
TAP - JDE Connectors
$0.00 1.00 Included
Transform Active Capture Enterprise v.4.1, per
named user
NA-TJD-SW09-90002 $11,000.00 2.00 - 2,640.00 $19,360.00
Transform Active Capture Admin Only, per
named user
NA-TJD-SW09-90030 $750.00 1.00 - 90.00 $660.00
Total Unit Price
Total Adjustment
$72,750.00
$8,730.00
Subtotal for Software $64,020.00
Services
TAP Consultancy - Hourly Rate (Remote)
NA-TJD-PS01-90001 $200.00 104.00 $20,800.00
TAP Consultancy - On-site Daily Rate (Billed in
full day increments)
NA-TJD-PS01-90005 $1,750.00 14.00 $24,500.00
Subtotal for Services $45,300.00
Maintenance
TAP - Transform AP for JDE Bundle T1
Maintenance
NA-TJD-MTT1-90013 $8,800.00 1.00 - $8,800.00
Transform Active Capture Ent. v.4.1, per named
user Maint.
NA-TJD-MT18-90002 $3,872.00 2.00 - $3,872.00
Transform Active Capture Admin Only, per
named user Maint.
NA-TJD-MT18-90030 $132.00 1.00 - $132.00
Subtotal for Maintenance $12,804.00
4.C.c
Packet Pg. 24
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
C
-
C
i
t
y
o
f
K
e
n
t
-
T
A
P
J
D
E
S
a
l
e
s
O
r
d
e
r
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
Page 2 of 2
Bottomline Technologies, Inc.
325 Corporate Drive
Portsmouth, NH 03801-6808
www.bottomline.com
Sales Order No. BT-074115
Sales Order Date 8/29/2019
Expiration Date 10/31/2019
Customer Number KENCIT001
Invoice Terms NET 30
Account Rep Darren Entrekin
Email dentrekin@bottomline.com
Phone (603) 501-5380
Purchase Order
Contract Total $122,124.00
{Sg_es_:signer1:signature}} {{*Dte_es_:signer1:date}}
Authorized Customer Signature Date
{{*N_es_:signer1:fullname }}
{{*Ttl_es_:signer1:titl }}
{{propertyName_es_:signer}}
Print Name & Title Purchase Order No.
Terms and Conditions
This Sales Order is an offer valid until the Quote Expiration Date set forth above.
PURCHASE PAYMENT TERMS - Fees for Software, Equipment, and Supplies will be invoiced upon shipment. Fees for Support will be invoiced upon Software
shipment. Fees for Services will be invoiced as Services are performed. All Prices set forth herein are in US Dollars. Customer shall reimburse Bottomline for all
reasonable travel and living expenses incurred in the performance of on-site Services. These expenses are in addition to training, implementation, and/or consulting
service fees set forth herein and will be billed separately. Customer is also responsible for additional charges including but not limited to shipping and freight, taxes,
customs, duties and the like. All invoices shall be due and payable within thirty (30) days from the date of invoice. All sales are FOB Bottomline shipping point. Except
as required to resolve warranty claims pursuant to an end user license accompanying any Software, all orders for Software are non-returnable and non-refundable
once shipped by Bottomline.
PURCHASE ORDERS - If Customer issues a purchase order in connection with this purchase, it is hereby acknowledged that such purchase order is an acceptance of
this Sales Order, is not a condition for payment, and will not supersede the payment terms or any other terms agreed upon in this Sales Order. This Sales Order and
the end user license accompanying any Software shall constitute the entire agreement and understanding between the parties and supersedes all prior agreements,
representations and understandings. This Sales Order may not be modified or varied in any way except where such amendment or variation is in writing and signed by
both parties. The terms and conditions of any side letter, Customer purchase order, or other document submitted by Customer a re hereby objected to and shall not
supersede or supplement the terms of this Sales Order.
CANCELLATION POLICY - In the event that Customer cancels a confirmed on-site Service session, Customer will be charged a cancellation fee as well as any
nonrefundable lodging and airline expenses and related charges. Cancellation fees will be calculated based upon the amount of notice given to Bottomline.
Bottomline’s fee schedule is available upon request. The cancellation fee will not be subject to any previously agreed upon discounts or restrictions on expenses.
In order to implement this solution, please authorize below and fax back to Sales Operations at 603-501-4950 or email to globalsales2@bottomline.com.
4.C.c
Packet Pg. 25
At
t
a
c
h
m
e
n
t
:
E
x
h
i
b
i
t
C
-
C
i
t
y
o
f
K
e
n
t
-
T
A
P
J
D
E
S
a
l
e
s
O
r
d
e
r
(
2
2
2
7
:
S
o
f
t
w
a
r
e
L
i
c
e
n
s
i
n
g
a
n
d
C
o
n
s
u
l
t
a
n
t
S
e
r
v
i
c
e
s
A
g
r
e
e
m
e
n
t
w
i
t
h
B
o
t
t
o
m
l
i
n
e
)
OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Ordinance Repealing and Readopting Chapter 6.05 KCC –
Latecomer Agreements – Street and Utility - Adopt
MOTION: Adopt Ordinance No. 4356, repealing and readopting Chapter
6.05 of the Kent City Code, establishing the requirements and procedure
for the application and administration of street and utility latecomer
agreements.
SUMMARY: State law allows cities under certain circumstances to enter into
“latecomer agreements” with property owners who construct utility or street
improvements. A latecomer agreement allows a property owner, or the city itself, to
recover a portion of costs expended in the construction of utility and street system
improvements from other property owners in the vicinity who benefit from these
improvements and develop or redevelop their property within a specified time
period and who would have been required to construct similar improvements. A
utility latecomer agreement has a 20-year term; a street agreement has a 15-year
term.
Following the framework established in Chapters 35.72 and 35.91 RCW, this
proposed ordinance sets forth the process by which a property owner can apply for
a latecomer agreement and receive reimbursement. In general, an owner who
constructs utility or street improvements that are required by city code as a
prerequisite to further development, must apply for a latecomer agreement before
any permits are issued. The application must estimate the costs of construction;
identify properties within the vicinity that will be benefitted; and estimate the
proposed pro rata share of costs to be paid by these properties. The pro rata share
(assessment) is based upon the benefit to the property, calculated by specified
methods. After reviewing the application, the city makes a preliminary
determination regarding the benefitted area (the “assessment reimbursement
area”) and the assessment. Impacted property owners will be notified and have 20
days to request a public hearing before City Council to contest the assessment
reimbursement area and the assessment. If no hearing is requested, the
preliminary determination becomes final. Once construction is complete, the
latecomer agreement will be recorded against impacted properties. If a property
develops within the applicable time-frame (15 or 20 years), then the assessment
must be paid. The city distributes payments in accordance with the terms of the
latecomer agreement. A property owner requesting a latecomer agreement must
4.D
Packet Pg. 26
pay an application fee and for all administrative costs associated with the city’s
administration of the agreement.
BUDGET IMPACT: None.
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. Latecomer Agreements - KCC 6.05 Repeal and Replace Ordinance (PDF)
4.D
Packet Pg. 27
1 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
ORDINANCE NO. 4356
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing and readopting
Chapter 6.05 of the Kent City Code, now entitled
Latecomer Agreements – Street and Utility, to
establish the requirements and procedures to obtain
a latecomer agreement, allowing developers and the
city under specified circumstances to be reimbursed
for the installation of street and utility system
improvements.
RECITALS
A. State law allows cities to enter into latecomer agreements, also
referred to as reimbursement agreements, that allow property owners who
have installed public street or public utility system improvements to recover
a portion of the costs of those improvements from other property owners
who later develop property in the vicinity of the improvements, within a
specified time period, and who use the improvements.
B. Specifically, Chapter 35.72 RCW allows for latecomer
agreements for the construction or improvement of street projects that the
owner elects to install as a result of ordinances that require the projects as
a prerequisite to further property development.
4.D.a
Packet Pg. 28
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
2 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
C. Chapter 35.91 RCW allows for latecomer agreements for the
construction or improvement of utility projects—water and sewer facilities—
that the owner elects to install solely at the owner’s expense.
D. Once a latecomer agreement is in place, property owners within
a defined assessment reimbursement area that did not contribute to the
construction costs of the improvements, yet benefit from them, are required
to pay a pro rata share of the improvements if they develop their property
within the period of time specified within the agreement. These time periods
are set forth in state law. Latecomer agreements for street improvements
have a 15-year time limit and latecomer agreements for utility
improvements have a 20-year time limit.
E. Both Chapters 35.72 and 35.91 RCW also allow a municipality
to join with a private property owner to create an assessment
reimbursement area and jointly finance the costs and share in the
reimbursement or finance the costs on its own and become the sole
beneficiary of the reimbursements.
F. Previously, the Kent City Code only set forth the process and
procedures for street improvement latecomer agreements. This ordinance
establishes the requirements and procedures for latecomer agreements for
both street and utility improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
4.D.a
Packet Pg. 29
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
3 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
ORDINANCE
SECTION 1. - Repeal. Chapter 6.05 of the Kent City Code, entitled
“Street Improvement Reimbursement Agreements,” is hereby repealed in
its entirety.
SECTION 2. - New Chapter. A new Chapter 6.05 of the Kent City
Code, entitled “Latecomer Agreements – Street and Utility,” is hereby
enacted as follows:
Chapter 6.05
LATECOMER AGREEMENTS – STREET AND UTILITY
Sec. 6.05.010. Purpose. The purpose of this chapter is to provide
the conditions and procedures under which developers, including the city,
who installed qualifying street system improvements or utility system
improvements required as a prerequisite for future development and
pursuant to the city’s development ordinances and policies, may be partially
reimbursed for the expenses of such improvements by other property
owners that did not contribute to these costs and receive a benefit from
these improvements. The city is authorized to enter into “latecomer
agreements” for these reimbursements pursuant to Chapter 35.72 RCW and
Chapter 35.91 RCW, as they now exist or are hereafter amended.
Sec. 6.05.020. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Adjacent means abutting on public roads, streets, rights-of-way or
easements in which street system improvements are installed or directly
4.D.a
Packet Pg. 30
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
4 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
connecting to street system improvements through an interest in real
property such as an easement or license.
B. Assessment means an equitable pro rata charge to be paid by an
owner of property within the assessment reimbursement area for the cost
of construction of street and/or utility system improvements made pursuant
to a latecomer agreement.
C. Assessment reimbursement area means that area which includes all
parcels of real property adjacent to street system improvements or likely to
require connection to or service by utility system improvements constructed
by a developer.
D. City administrative costs means all costs incurred by the city that are
directly related to the drafting, execution, recording and administration of
the latecomer agreement, including any mailings to other property owners,
any hearings before City Council, as well as any costs and expenses incurred
for attorneys or consultants. City administrative costs do not include permit
fees or the application fee for the latecomer agreement.
E. Cost of construction means the sum of the direct construction costs
incurred to construct the street and/or utility system improvements plus
developer administrative costs and the city latecomer administrative costs.
Direct construction costs include but are not limited to the actual labor and
material construction costs incurred by the developer; reasonable
engineering and surveying costs; bonding costs; environmental mitigation;
relocation and/or new construction of private utilities as required by the city;
and relocation and/or installation of street lights, signage.
4.D.a
Packet Pg. 31
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
5 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
F. Developer means the individual or entity that contracts with the city
for the construction of street and/or utility system improvements, where
such improvements are a requirement for development of real property
owned by such entity or individual. As permitted by RCW 35.72.050 and
35.91.020, the city, or other public entity, may join with or be construed as
a developer for the purpose of recovery of street or utility system
improvement costs.
G. Developer administrative costs means all indirect costs incurred by
the developer in the creation and execution of the latecomer agreement and
managing the project; such as office supplies, mailings, clerical services,
telephone expenses, accounting expenses and project oversight. Developer
administrative costs shall not exceed three percent of all direct construction
costs.
H. Director means the City of Kent public works director, or his or her
designee.
I. Latecomer agreement means a written contract between the city and
one or more developers providing partial reimbursement for the cost of
construction of street system improvements and/or utility system
improvements to the developer by owners of property who would be
required to construct these improvements and who did not contribute to the
original cost of construction.
J. Latecomer fee or assessment means a charge collected by the city
against a real property owner within the assessment reimbursement area
who:
4.D.a
Packet Pg. 32
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
6 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
1. Connects to or uses the utility system improvement where fees
are separately stated, or is a part of a connection fee or other fee for
providing access to the city’s utility system; or
2. Receives a building or development permit for real property
located adjacent to, or having access to, the street system improvement
constructed under this chapter.
K. Street system improvements means public street and alley
improvements made in existing or subsequently dedicated or granted rights-
of-way or easements and any associated improvements including but not
limited to such things as design, engineering, surveying, inspection, grading,
paving, installation of curbs, gutters, pedestrian facilities, street lighting,
bike lanes, and traffic control devices, relocation and/or construction of
private utilities as required by the city, relocation and/or construction of
street lights, traffic control devices, signage and other similar
improvements.
L. Utility system improvements means city-owned water, sewer and
storm drainage system improvements as defined by RCW 35.91.015, which
shall include but not be limited to design, engineering, surveying, inspection,
testing, and installation of improvements as required by the city, and
includes but is not limited to the following, by utility type:
1. Water system improvements, including but not limited to such
things as mains, valves, fire hydrants, telemetry systems, pressure reducing
stations and/or valves, and other associated appurtenances;
2. Sewer system improvements, including but not limited to such
things as gravity mains, lift stations, force mains, telemetry systems, and
other associated appurtenances; and
4.D.a
Packet Pg. 33
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
7 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
3. Storm sewer system improvements, including but not limited
to such things as water quality structures and systems, detention and
retention facilities, and storm water collection and conveyance facilities.
Sec. 6.05.030. Application for latecomer agreement.
A. Applicants. Any developer using private funds to construct street
system improvements and/or utility system improvements required as a
prerequisite to further property development may apply to the city for a
latecomer agreement in order to recover a pro rata share of the costs of
construction from other property owners that will later connect to or use the
street and/or utility system improvements constructed by the developer.
B. Application form and fee. An application for a latecomer agreement
shall be submitted upon a form provided by the city and be accompanied by
the application fee established by resolution by the City Council.
C. Timing of application. The application for a latecomer agreement shall
be made before the street and/or utility system improvements proposed for
construction are approved by the city through the issuance of a civil
construction or other applicable permit.
D. Application contents. The application shall contain the following
information which shall be approved by a state of Washington licensed
engineer or other appropriately licensed professional:
1. A legal description and vicinity map of the developer’s property.
2. A legal description of the properties within the developer’s
proposed assessment reimbursement area, together with the names and
4.D.a
Packet Pg. 34
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
8 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
addresses of the owners of such property as shown on the records of the
Assessor’s Office of King County.
3. The developer’s proposed assessment reimbursement area and
general location of the system improvements to be included.
4. The developer’s proposed allocation of the costs of construction
to the individual properties within the proposed assessment reimbursement
area and the method used for such allocation.
5. Statement from a state of Washington licensed contractor or
civil engineer containing an itemized estimate of the total projected cost of
construction.
6. Such other information as the director determines would be
relevant in considering the application.
E. Application review.
1. The Director shall review all applications and shall approve
the application if following criteria are met:
a. The application is timely, complete and the application
fee has been paid;
b. The city’s ordinances require the proposed
improvements to be constructed as a prerequisite to further property
development;
c. The proposed improvements fall within the definition of
street and/or utility system improvements as those terms are defined in this
chapter; and
d. The proposed improvements are consistent with the City
of Kent Design and Construction Standards, design guidelines, development
regulations, comprehensive plan, comprehensive sanitary sewer plan,
comprehensive water plan, storm water master plan and transportation
master plan.
4.D.a
Packet Pg. 35
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
9 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
2. If any of the above criteria are not met, the Director shall either
condition approval as necessary in order for the application to conform to
such criteria, or deny the application. The final determination of the Director
shall be in writing.
3. The Director may establish policies and procedures for
processing applications and complying with the requirements of this chapter
and applicable state law.
Sec. 6.05.040. Preliminary determinations. Upon approval of a
latecomer application, the Director shall formulate a preliminary assessment
reimbursement area and preliminary assessment amount for each real
property parcel included in the preliminary assessment reimbursement area
as follows:
A. For street system improvements, the assessment reimbursement
area shall be formulated based upon a determination of which parcels
adjacent to the street system improvements would require similar street
system improvements upon development or redevelopment.
B. For utility system improvements, the assessment reimbursement
area shall be formulated based upon a determination of which parcels in the
proposed area would require similar utility system improvements upon
development or redevelopment or would be allowed to connect to or use
the utility system improvements.
C. A pro rata share of the cost of the improvements shall be allocated
to each parcel included in the assessment reimbursement area based upon
the benefit to the property owner. The method or methods used to calculate
the allocation of the assessment may be either front footage, number of
4.D.a
Packet Pg. 36
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
10 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
units, square footage, zone and termini method, or other equitable method,
as determined by the city.
Sec. 6.05.050. Preliminary determination notice.
A. The city shall send the preliminary assessment reimbursement area
and the preliminary assessment formulated by the Director, including the
preliminary determination of area boundaries, assessments, and a
description of the property owner’s rights and options, by certified mail to
the property owners of record within the preliminary assessment
reimbursement area.
B. The developer or any property owner within the preliminary
assessment reimbursement area may, in writing within 20 days of the date
of mailing the notice, request a hearing to be held before the City Council to
contest the preliminary assessment reimbursement area and preliminary
assessment. Notice of such hearing shall be given to all property owners
within the preliminary assessment reimbursement area and the hearing shall
be conducted as soon as is reasonably practical. The City Council is the final
authority to establish the assessment reimbursement area and the
assessment for each property within the assessment reimbursement area.
C. If no written request for a hearing is received as required, the
determination of the Director shall be final.
Sec. 6.05.060. Latecomer agreement.
A. Based upon the preliminary assessment reimbursement area and the
preliminary assessment, if no hearing is requested, or based upon the City
4.D.a
Packet Pg. 37
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
11 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
Council’s determination of the assessment reimbursement area and
assessment if a hearing is requested, the Director shall prepare and give to
the developer a latecomer agreement. A separate latecomer agreement shall
be executed for each of the following categories of improvement, as
applicable: street system improvements and utility system improvements.
B. Each agreement shall include a provision requiring that every two
years from the date the agreement is executed, the developer entitled to
reimbursement under this section shall provide the city with information
regarding the current contact name, address, and telephone number of the
person, company, or partnership that originally entered into the agreement.
If the developer fails to comply with the notification requirements within 60
days of the specified time, then the city may collect any reimbursement
funds owed to the developer under the agreement. The funds collected
under this subsection shall be deposited in the capital expenditure account
of either the city’s utility fund or street fund, as appropriate.
C. The term of latecomer agreements is as follows:
1. For street system improvements, each latecomer agreement
shall be valid for a period not to exceed 15 years from the effective date of
the agreement.
2. For utility system improvements, each latecomer agreement
shall be valid for a period not to exceed 20 years from the effective date of
the agreement.
D. The city may terminate a latecomer agreement if the developer fails
to commence or complete construction within the time and manner required
in the permits for the improvements. If the agreement is terminated, the
4.D.a
Packet Pg. 38
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
12 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
city shall record a release of latecomer agreement in the King County
recorder’s office.
Sec. 6.05.070. Construction – final costs – conveyance.
A. The developer shall construct the improvements and, upon
completion, request final inspection and acceptance of the improvements
by the city, subject to any required obligation to repair defects. All
construction, inspection and testing shall conform to the Kent City Code and
City of Kent Design and Construction Standards.
B. Within 120 days of completion of construction, the developer shall
provide the city with documentation of the actual costs of the improvements
and a certification by the applicant that all of such costs have been paid.
The city shall use this information to finalize the assessment paid by owners
within the assessment reimbursement area, which will become part of the
latecomer agreement recorded in accordance with Section 6.05.080.
C. After the requirements of subsections (A) and (B) of this
section 6.05.070 have been satisfied, the developer shall provide the city
with an appropriate deed of conveyance or other equivalent written
document transferring ownership of the improvements to the city, together
with any easements needed to ensure the city’s right of access for
maintenance of the improvements. Title to the improvements shall be
conveyed to the city clear of all encumbrances.
D. No connection to, or other use of, the improvements will be allowed
or permitted until the city has officially accepted the construction and title
to the improvements has been conveyed to the city.
4.D.a
Packet Pg. 39
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
13 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
Sec. 6.05.080. Recording of latecomer agreement.
A. The provisions of the latecomer agreement shall not become effective
as to any owner of real estate not a party to the agreement until it is
recorded with the King County recorder’s office. For a utility latecomer
agreement, recording must be prior to the time that the owner of the real
estate taps into or connects to water or sewer facilities.
B. The city shall file the fully executed latecomer agreement in the
official property records of King County within 30 days of final execution;
provided, that the developer shall have an independent duty to review the
King County recorder’s office records to confirm that the latecomer
agreement has been properly and timely recorded.
Sec. 6.05.090. Defective work. The developer shall be responsible
for all work found to be defective within one year after the date of
acceptance of the improvements by the city. Nothing in this chapter shall
preclude the Director from requiring a performance bond for the street or
utility system improvements as authorized for such improvements within the
Kent City Code or City of Kent Design and Construction Standards.
Sec. 6.05.100. Payment of assessment – remittance to
developer.
A. Upon recording, the latecomer agreement shall be binding upon all
parcels located within the assessment reimbursement area who are not
party to the agreement and did not contribute to the original cost of the
utility system improvements and/or street system improvements. Payments
shall be paid to the city in one lump sum as follows:
4.D.a
Packet Pg. 40
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
14 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
1. Assessments for street system improvements shall be paid
prior to the development or redevelopment of property.
2. Assessments for utility system improvements shall be paid
prior to connection to or use of the utility system improvements.
B. The city will pay over to the developer the amounts collected less any
unpaid city administrative costs within 60 days of receipt.
C. When the assessment for any property has been paid in full, the
Director shall issue a certification of payment that will release such property
from the latecomer agreement which may be recorded by the owner.
D. The latecomer assessment shall be in addition to the usual and
ordinary charges, including connection charges, tap charges, system
development charges, and any other fees or charges which must be paid by
persons applying for city services.
Sec. 6.05.110. Segregation. The Director shall, upon the request
of any property owner within the assessment reimbursement area,
segregate the assessment. Any request for to segregate the assessment
must be submitted before the application for a lot line adjustment or
subdivision. The request shall include a map showing the proposed
subdivision of property, including legal descriptions and the proposed cost
segregation based on the original method of assessment. The assessment
shall only be segregated if the lot line adjustment or subdivision is
completed. The property owner seeking segregation of the assessment shall
pay an additional review fee as established by resolution by the City Council.
4.D.a
Packet Pg. 41
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
15 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
Sec. 6.05.120. Removal of unauthorized connections or taps.
Whenever any tap or connection is made into any utility improvement
without payment of the assessment being made as required by this chapter,
the Director is authorized to remove and disconnect, or cause to be removed
and disconnected, such unauthorized tap or connection including all
connecting tile or pipe located in the right-of-way and to dispose of such
unauthorized material without liability. The owner of the property where the
unauthorized connection is located shall be liable for all costs and expenses
of any type incurred to remove, disconnect, and dispose of the unauthorized
tap or connection.
Sec. 6.05.130. City fees and cost recovery. The developer shall
pay the following fees:
A. Application fee. The application fee as set forth in Section 6.05.030,
payable at the time the application is submitted.
B. City administrative costs. The developer shall reimburse the city for
its administrative costs, as defined in Section 6.05.020(D). This shall be paid
prior to and as a condition of the recording of the latecomer agreement.
C. Recording fee. For every separate parcel of property within the
developer’s assessment reimbursement area, the city shall charge a
recording fee in accordance with fees charged by the King County recorder’s
office. This fee shall be paid as part of the city administrative costs prior to
and as a condition of the recording of the latecomer agreement.
4.D.a
Packet Pg. 42
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
16 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
Sec. 6.05.140. Enforcement of latecomer obligations.
A. Nothing in this chapter is intended to create a private right of action
for damages against the city for failing to comply with the requirements of
this chapter. The city, its officials, employees, or agents may not be held
liable for failure to collect a latecomer assessment unless the failure was
willful or intentional.
B. In processing and imposing obligations in this chapter for
reimbursement of developers, the city in no way guarantees payment of
assessments, or enforceability of assessments, or enforceability of the
latecomer agreement, or the amount(s) thereof, against such persons or
property; nor will the offices or finances of the city be used for enforcement
or collection of assessments beyond those duties specifically undertaken by
the city herein. It shall be the obligation of a developer to take whatever
authorized means are available to enforce payment of assessments, and
developers are hereby authorized to take such actions. The city shall not be
responsible for locating any beneficiary or survivor entitled to any benefits
by or through a latecomer agreement.
C. If the developer fails to comply with the notification requirements set
forth in Section 6.05.050 and within the latecomer agreement within 60 days
of the specified time, then the city may collect any reimbursement funds
owed to the developer under the latecomer agreement. Such funds must be
deposited in the capital fund of the city.
Sec. 6.05.150. City participation authorized. As an alternative
to financing projects under this chapter solely by a developer, the city may
4.D.a
Packet Pg. 43
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
17 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
join in the financing of improvement projects and may be reimbursed in the
same manner as the developer who participates in the projects. As another
alternative, the city may create an assessment reimbursement area on its
own initiative, without the participation of a private property owner or
developer, finance the costs of the street or utility improvements, and
become the sole beneficiary of the reimbursements that are contributed.
The city will only seek to be reimbursed for the costs of improvements that
benefit that portion of the public who will use the improvements within the
assessment reimbursement area established pursuant to state law. No costs
for improvements that benefit the general public may be reimbursed.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 4. – Savings. The existing Chapter 6.05 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 5. – Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 6. – Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
4.D.a
Packet Pg. 44
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
18 Amend Chapter 6.05 KCC -
Re: Latecomer Agreements –
Street and Utility
April 7, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
April 7, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
April 10, 2020
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.D.a
Packet Pg. 45
At
t
a
c
h
m
e
n
t
:
L
a
t
e
c
o
m
e
r
A
g
r
e
e
m
e
n
t
s
-
K
C
C
6
.
0
5
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
O
r
d
i
n
a
n
c
e
(
2
2
3
1
:
O
r
d
i
n
a
n
c
e
R
e
p
e
a
l
i
n
g
a
n
d
R
e
a
d
o
p
t
i
n
g
C
h
a
p
t
e
r
6
.
0
5
K
C
C
OFFICE OF THE CITY ATTORNEY
Pat Fitzpatrick, City Attorney
220 Fourth Avenue South
Kent, WA 98032
253-856-5770
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Resolution Amending Kent City Code Fees - Adopt
MOTION: Adopt Resolution No. 2009, repealing Resolution No. 2000 and
adopting a new fee schedule that adds fees related to latecomer
agreements.
SUMMARY: Through Resolution No. 1851, adopted December 13, 2011, City
Council established and consolidated development, business licensing, and other
miscellaneous fees in one location. These fees are periodically reviewed for
adjustments and additions that may be appropriate due to changes in city code,
regulatory laws, costs of operation, and other factors. The city last made
adjustments to these fees in November 2019 through Resolution No. 2000.
With the revisions to Chapter 6.05 KCC relating to latecomer agreements, the city’s
fee schedule needs to be updated to include the fees related to the application for
such an agreement. Accordingly, these fees have been added to Exhibit F, Table 2.
No other changes have been made to the fees.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Fee Resolution - Repeal and Replace to add Latecomer Fees (PDF)
4.E
Packet Pg. 46
1 2020 Fee Resolution and Repealing
Resolution No. 1941
RESOLUTION NO. 2009
A RESOLUTION of the City Council of the
City of Kent, Washington, amending the fees for
2020 to add application fees for latecomer
agreements; and repealing Resolution No. 2000.
RECITALS
A. Through Resolution No. 1851, adopted December 13, 2011,
the City Council established and consolidated all development, business
licensing, and other miscellaneous fees in one location. These fees are then
reviewed for adjustments that may be appropriate due to changes in
regulatory laws, costs of operation, and other factors. The city has made
these fee adjustments at various times, the latest being adoption of
Resolution 2000, on November 19, 2019.
B. Chapter 6.05 of the Kent City Code has been updated to
establish a formalized process for property owners installing qualifying
street system or utility system improvements to obtain a latecomer
agreement and be partially reimbursed for qualifying expenses. This
resolution adds application fees associated with this process to the fee
schedule in Exhibit F, Table 2. No other updates to fees have been made.
The Kent City Council finds that it is appropriate to update those fees
through the adoption of a new resolution and the repeal of Resolution No.
2000.
4.E.a
Packet Pg. 47
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
2 2020 Fee Resolution and Repealing
Resolution No. 1941
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Repealer – Resolution No. 2000. Resolution No. 2000
is hereby repealed in its entirety, and the fees set forth herein shall
become immediately effective.
SECTION 2. – Business License Fees. In accordance with
Chapter 5.01 of the Kent City Code, annual fees for business licenses will
be based on the number of full and part-time employees employed at each
business with certain exceptions for multi-family apartment and
condominium businesses, home occupation businesses, and contractors
doing business in Kent whose physical address is outside the City of Kent.
The fees will be assessed as follows:
A. Fees based on the number of full-time and part-time employees will
be as follows:
Number of Employees of
Business
Fee
0 – 24 $100
25 – 49 $200
50 – 99 $400
100 or more $600
B. The business license fee for multi-family apartments and
condominium businesses is based on the number of dwelling units as noted
in the schedule below. The business license fees will be waived for
apartments and condominiums that participate in and are in compliance
with the guidelines set forth in the STAR program in accordance with
Chapter 5.14 KCC.
4.E.a
Packet Pg. 48
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
3 2020 Fee Resolution and Repealing
Resolution No. 1941
Number of Multi-Family Dwelling Units Fee
2 – 10 Units $100
11-50 Units $300
51 Units and above $600
C. In addition to the fees described in Section B, apartment businesses
subject to the provisions of Chapter 10.02 KCC - Rental Housing
Registration and Safety Program, shall be assessed an additional fee of $13
per dwelling unit in conjunction with the annual business license fee.
D. The Home Occupation business license fee is $50.00.
E. Contractors doing business in Kent whose physical location is outside
the City of Kent will be assessed a $100 business license fee.
SECTION 3. – Permit Technology Fee. As authorized by KCC Section
3.11.010(c), a technology fee for all business license transactions will be
assessed in the amount of one dollar ($1) per transaction; every other fee
established by this resolution will be assessed a technology fee in an
amount equal to three percent (3%) of the fee or ten dollars ($10.00),
whichever is greater, with the exception of the exclusions listed in Exhibit
A.
SECTION 4. – Hearing Examiner Fees. As authorized by KCC
Section 2.32.155, the fee that an applicant will pay for any permit or
approval that requires either an open or a closed record public hearing
before the city’s hearing examiner and the fee for any appeal of any
4.E.a
Packet Pg. 49
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
4 2020 Fee Resolution and Repealing
Resolution No. 1941
decision or recommendation to the hearing examiner, will be in the
amounts shown on Exhibits B through F.
SECTION 5. – Small Cell Telecommunication Franchise Agreements
and Equipment Installation Fees. Fees associated with franchise utility
applications and small cell, site specific equipment installations shall be per
the requirements of Chapter 6.15 of the Kent City Code, and as set forth in
Exhibit F.
SECTION 6. – Franchise or Limited License Agreements for the use
of the Public Right-of-Way. As authorized by Chapter 6.15 KCC, the fees for
franchise or limited license agreements for the use of the public right-of-
way are set forth in Exhibit F.
SECTION 7. – International Fire Code Fees. Pursuant to KCC
Sections 13.01.130 and 12.15.100, the fees to be assessed for fire permits,
building permits, land use, and related inspections under the International
Fire Code are set forth in Exhibit B.
SECTION 8. – International Building Code and International
Residential Code Fees. Pursuant to KCC Section 14.01.090, the fees to be
assessed for building permits and related inspections under the
International Building Code or the International Residential Code are set
forth in Exhibit C.
SECTION 9. - International Mechanical Code Fees. Pursuant to KCC
Section 14.01.090, the fees to be assessed for mechanical permits issued
for the installation of mechanical equipment under the International
Mechanical Code or the International Residential Code are set forth in
Exhibit D.
4.E.a
Packet Pg. 50
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
5 2020 Fee Resolution and Repealing
Resolution No. 1941
SECTION 10. - Uniform Plumbing Code Fees. Pursuant to KCC
Section 14.01.090, the fees to be assessed for plumbing permits issued for
the installation of plumbing equipment under the Uniform Plumbing Code or
the International Residential Code are set forth in Exhibit E.
SECTION 11. – Construction, Land Use and Development Fees.
Pursuant to Chapters 6.03, 6.05, 6.06, 6.07, 7.02, 7.04, 11.06, 12.01, and
other authorizations elsewhere in the Kent City Code, the applications,
permits, approvals, review, inspection and other fees for various
construction, land use and development actions are set forth in Exhibit F.
SECTION 12. - Annual Consumer Price Index (CPI) Adjustment. On
the first day of each calendar year, all fees, rates, and charges established
in this resolution will adjust by the Consumer Price Index (CPI), specifically
the CPI-W Seattle-Tacoma-Bellevue, measured from June 1 through June
1, if the CPI-W reflects an upward adjustment from the previous annual
June to June period. This section and its related CPI adjustments will not
apply to Section 2 - Business License Fees and Section 3 - Permit
Technology Fees.
SECTION 13. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, that decision will not affect the validity of the
remaining portions of this resolution.
SECTION 14. - Effective Date. This resolution will take effect
immediately.
April 7, 2020
DANA RALPH, MAYOR Date Approved
4.E.a
Packet Pg. 51
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
6 2020 Fee Resolution and Repealing
Resolution No. 1941
ATTEST:
April 7, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.E.a
Packet Pg. 52
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “A”
Technology Fee Exceptions
Excluded from technology fees:
1. Permit fees for fireworks stands or displays;
2. Appeals;
3. Code text amendments, comprehensive plan map or text
amendments, pre-application conferences, public notice
boards and zone map amendments (rezones) under Exhibit
“F” of this resolution; and
4. Fees listed under “Other inspections and Fees” in Exhibits “B,”
“C,” “D,” and “E” of this resolution, except that a technology
fee will be assessed and collected for each Adult Family Home
licensing inspection under Exhibit “C.”
4.E.a
Packet Pg. 53
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “B”
City of Kent Fire Permit Fees
Permit Issuance Fees: Fee
Issuance of each annual operational permit under the
fire code
Hazardous Materials or High-piled storage permits $299.58
All other permits $149.78
Issuance of each annual fire protection system permit,
per building $177.05
Issuance of a residential home heating fuel tank
removal permit, per application $333.64
Issuance of a fireworks permit for a fireworks display,
per application $205.95
* rate fixed by state regulations
Development Plan Review and Permit Fees: Fee
Fire Prevention Construction Permits-
Plan Review Fee 65% of permit fee
Permit Fee Per Permit Fee Valuation Table
Total Value of Project Permit Fee
$1.00 to $500.00 $114.65
$501.00 to $2,000.00 $114.65 for the first $500.00, plus $14.95 for each
additional $100.00, or fraction thereof, to and
including $2,000.00.
$2,001.00 to $25,000.00 $339.01 for the first $2,000.00, plus $68.43 for each
additional $1,000.00, or fraction thereof, to and
including $25,000.00.
$25,001.00 to $50,000.00 $1,912.71for the first $25,000.00, plus $49.38 for
each additional $1,000.00, or fraction thereof, to and
including $50,000.00.
$50,001.00 to $100,000.00 $3,147.56 for the first $50,000.00, plus $34.24 for
each additional $1,000.00, or fraction thereof, to and
including $100,000.00.
$100,001.00 to $500,000.00 $4,859.12for the first $100,000.00, plus $27.43 for
each additional $1,000.00, or fraction thereof, to and
including $500,000.00.
$500,001.00 to $1,000,000.00 $15,832.64 for the first $500,000.00, plus $26.00 for
each additional $1,000.00, or fraction thereof, to and
including $1,000,000.00.
$1,000,001.00 and up $28,872.91
4.E.a
Packet Pg. 54
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Review of Building Permits
Single-Family Plan Review 42.7% of the building permit fee
Commercial Plan Review 58% of the building permit fee
Review of Land Use Applications
Boundary Line Adjustment $251.26
Binding Site Plan $411.92
Short Subdivision $411.84
Other Site Plan Reviews $201.85
4.E.a
Packet Pg. 55
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “B” - Continued
City of Kent Fire Permit Fees
Preliminary Plat $1,363.43
Residential Variances $160.66
Other Project Approvals $243.02
SEPA Checklist $292.46
SEPA Checklist as Part of a Project $148.28
Requiring Hearing Examiner Approval $436.65
Code Modification or Alternative Materials and
Methods Request (three-hour minimum charge) $187.93 per hour
Other Inspections and Fees: Fee
Each hydrant flow request (two hour minimum) $187.93 per hour
Initial fire and life safety inspection for new business,
per application $147.07
Inspections outside of normal business hours (two
hour minimum charge) $187.93 per hour
Fire Impact Administrative Fee $135.65
Additional inspections required:
• when a construction inspection is not complete or
fails to pass inspection;
• when required corrections on an operational permit
or fire inspection system permit have not been
corrected by the second inspection;
• when work is not accessible;
• when work is not ready by scheduled inspection
time;
• when the construction permit or approved plans
are not made readily available;
• when the project requires multiple inspections for
phased construction;
• when requesting Temporary Certificate of
Occupancy (TCO) or Certificate of Occupancy (CO)
approval; or
• when requesting inspections required for licensing
and/or certifications.
(one hour minimum charge). $187.93 per hour
Additional plan review required by:
• re-submittals*,
• changes,
• deferred submittals,
• additions, or revisions to plans.
$187.93 per hour
4.E.a
Packet Pg. 56
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
*Two re-submittals are included in the plan review
fee.
(one hour minimum charge)
Hazardous material inventory statement,
management plan, or facility closure plan review and
approval.
(two hour minimum charge) $187.93 per hour
Appeal filing fee $436.65
Penalty Fees: Fee
Failing to mark or maintain the marking of a
designated fire lane. $271.34
4.E.a
Packet Pg. 57
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “C”
City of Kent Building Permit Fees
Total valuation determined
by building official Permit Fee Assessed
$1.00 to $500.00 $40.41
$501.00 to $2,000.00 $40.41 for the first $500.00, plus $5.26 for
each additional $100.00, or fraction thereof,
to and including $2,000.00.
$2,001.00 to $25,000.00 $119.31 for the first $2,000.00, plus $24.14
for each additional $1,000.00, or fraction
thereof, to and including $25,000.00.
$25,001.00 to $50,000.00 $674.25 for the first $25,000.00, plus
$17.41 for each additional $1,000.00, or
fraction thereof, to and including
$50,000.00.
$50,001.00 to $100,000.00 $1,109.58 for the first $50,000.00, plus
$12.07 for each additional $1,000.00, or
fraction thereof, to and including
$100,000.00.
$100,001.00 to $500,000.00 $1,712.78 for the first $100,000.00, plus
$9.67 for each additional $1,000.00, or
fraction thereof, to and including
$500,000.00.
$500,001.00 to $1,000,000.00 $5,580.39 for the first $500,000.00, plus
$8.15 for each additional $1,000.00, or
fraction thereof, to and including
$1,000,000.00.
$1,000,001.00 and up $9,653.91 for the first $1,000,000.00, plus
$5.44 for each additional $1,000.00, or
fraction thereof.
Other Inspections and Fees:
For inspections outside of normal business hours and Adult Family Home licensing
inspections (minimum charge – two hours) ................... $ 148.13 per hour
Development Plan Review and Permit Fees: Fee
Building Construction Permits-
Plan Review Fee (Standard & Basic) 65% of permit fee
Secondary Basic $148.13 per hour
Permit Fee Per Permit Fee Valuation Table
4.E.a
Packet Pg. 58
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Reinspection fees assessed when work for which an inspection is requested is not
complete, when required corrections have not been made, when work is not
accessible, or when the permit or approved plans are not made readily available
............................................................................... $ 148.13 per hour
Additional plan review required by changes, deferred submittals, additions, or
revisions to plans (two re-submittals are included in the plan review fee)
............................................................................... $ 148.13 per hour
The site-specific plan review fee, after and in addition to the payment of the initial
standard plan review fee…………………………………………………..$110.36 for each permit
issued upon a certified basic plan
Investigation fee when work is commenced prior to obtaining required building,
mechanical, or plumbing permit ................................. 100% of permit fee
Appeal filing fee ....................................................................... $344.17
4.E.a
Packet Pg. 59
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “D”
City of Kent Mechanical Permit Fees
Permit Issuance Fees:
1. Plan review fee……………………….………………………………….25% of the permit fee
2. For the issuance of each mechanical permit .................................. $46.47
3. For issuing each supplemental permit for which the original permit has not
expired, been canceled, or finalized ............................................. $14.52
Permit fees include both issuance and unit fees.
Unit Fee Schedule:
1. For each forced-air or gravity-type furnace or boiler, including ducts and
vents attached, up to and including 100,000 Btu/h (29.3 kW) ........ $29.06
2. For each forced-air or gravity-type furnace or boiler, including ducts and
vents attached, over 100,000 Btu/h (29.3 kW) ............................. $37.74
3. For each floor furnace, suspended heater, recessed wall heater or floor-
mounted heater, including vent .................................................. $29.06
4. For each appliance vent not included in an appliance permit ........... $14.52
5. For repair of, alteration of, or addition to each heating appliance,
refrigeration
unit, cooling unit, absorption unit, or each heating, cooling, absorption, or
evaporative cooling system, including controls, regulated by the
mechanical code or residential code ............................................ $27.59
6. For each boiler or compressor:
• to and including 3 horsepower (10.6 kW), or each absorption
system to and including 100,000 Btu/h (29.3 kW) ............... $29.06
• over 3 horsepower (10.6 kW) to and including 15 horsepower
(52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW)
to an including 500,000 Btu/h (146.6 kW) .......................... $53.73
• over 15 horsepower (52.7 kW) to and including 30 horsepower
(105.5 kW), or each absorption system over 500,000 Btu/h (293.1
kW)
to and including 1,000,000 (293.1 kW) ............................... $74.06
• over 30 horsepower (105.5 kW) to and including 50 horsepower
(176 kW), or each absorption system over 1,000,000 Btu/h
(293.1 kW) to and including 1,750,000 (512.9 kW) ............. $110.35
• over 50 horsepower (176 kW) or each absorption system over
1,750,000 Btu/h (512.9 kW) ............................................ $184.41
4.E.a
Packet Pg. 60
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
7. For each air-handling unit to and including 10,000 cubic feet per minute
(cfm) (4,719 L/s), including ducts attached thereto, which is not a portion
of factory assembled appliance or unit for which a permit is required$21.77
• over 10,000 cfm (4,719 L/s) ............................................. $37.74
8. For each evaporative cooler other than portable type .................... $21.77
9. For each ventilation fan connected to a single duct ........................ $14.52
10. For each ventilation system which is not a portion of any heating or
air-conditioning system authorized by a permit ............................. $21.77
11. For each hood served by mechanical exhaust, including the ducts
for such hood ........................................................................... $21.77
12. For each domestic-type incinerator .............................................. $37.74
13. For each commercial or industrial-type incinerator ........................ $29.06
14. For each mechanical appliance or piece of equipment regulated by the
mechanical code or the residential code, not classed in other appliance
categories, or for which no other fee is listed in this table .............. $21.77
15. For each fuel gas or fuel oil piping system of one to five outlets ...... $11.61
16. For each additional piping system outlet, per outlet ......................... $4.35
Other Inspections and Fees:
For inspections outside of normal business hours
(minimum charge – two hours) ............................................... $148.13 per hour
Reinspection fees assessed when work for which an inspection is
requested is not complete, when required corrections have not been
made, when work is not accessible, or when the permit or approved plans
are not made readily available ................................................ $148.13 per hour
Additional plan review required by changes, deferred submittals,
additions, or revisions to plans (two re-submittals are included in the plan review
fee)
........................................................................................... $148.13 per hour
Investigation fee when work is commenced prior to obtaining required
building, mechanical, or plumbing permit .............................. 100% of permit fee
Appeal filing fee ................................................................................. $344.17
4.E.a
Packet Pg. 61
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “E”
City of Kent Plumbing Permit Fees
Permit Issuance Fees:
1. Plan review fee……………………….……………….……………….25% of the permit fee
2. For the issuance of each plumbing permit ............................ $40.65
3. For issuing each supplemental permit for which the original permit has not
expired, been canceled or finalized ...................................... $21.77
Permit fees include both issuance and unit fees.
Unit Fee Schedule:
1. For each plumbing fixture on one trap or a set of fixtures on one trap,
including water, drainage piping and backflow protection……..$14.52
2. For each building sewer and each trailer park or mobile home park sewer
...................................................................................... $29.06
3. Rainwater systems-per drain (inside building) ..................... $14.52
4. For each water heater and/or vent ...................................... $14.52
5. For each industrial waste pretreatment interceptor including its trap and
vent, except kitchen-type grease interceptors functioning as fixture traps
...................................................................................... $14.52
6. For each installation, alteration or repair of water piping and/or water
treating equipment, each ................................................... $14.52
7. For each repair or alteration of drainage or vent piping, each fixture
…………………………………………………………………………………………………..$14.52
8. For each lawn sprinkler system on any one meter including backflow
protection devices therefore ............................................... $14.52
9. For atmospheric-type vacuum breakers not included in item 8:
1 to 5 vacuum breakers ............................................ $11.61
over 5 vacuum breakers, each .................................... $4.35
10. For each backflow protective device other than atmospheric-type vacuum
breakers:
2 inch (51 mm) diameter or smaller ........................... $14.52
over 2 inch (51 mm) diameter ................................... $29.06
11. For each graywater or reclaimed water system ..................... $82.11
12. For each medical gas piping system for a specific gas:
1 to 5 inlets/outlets ......................................................... $100.20
over 5 inlets/outlets, each .................................................. $11.61
4.E.a
Packet Pg. 62
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Other Inspections and Fees:
For inspections outside of normal business hours (minimum charge – two hours)
................................................................................ $148.13 per hour
Reinspection fees assessed when work for which an inspection is requested is not
complete, when required corrections have not been made, when work is not
accessible, or when the permit or approved plans are not made readily available
................................................................................ $148.13 per hour
Additional plan review required by changes, deferred submittals, additions, or
revisions to plans (two re-submittals are included in the plan review fee)
................................................................................ $148.13 per hour
Investigation fee when work is commenced prior to obtaining required building,
mechanical, or plumbing permit ................................. 100% of permit fee
Appeal filing fee ....................................................................... $344.17
4.E.a
Packet Pg. 63
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
Table 1
Permit Application Type Planning Fee
Development
Engineering Fee
Public
Works
Fee Total Fees Notes
Accessory Dwelling Unit $100.93 $0 $0 $100.93 (1)
Administrative
Determination Letter $188.83 $0 $0 $188.83
Appeal of Administrative
Interpretation / Decision $403.70 $0 $0 $403.70
Appeal of SEPA
Determination $403.70 $0 $0 $403.70
Appeal of Short Plat $403.70 $0 $0 $403.70
Binding Site Plan -
Preliminary $1,011.43 $3,657.19 $0 $4,669.70
Binding Site Plan
Modification $605.55/$808.49 $1,015.77 $0 $1,621.32/$1,824.26 (2)
Code Text Amendment $1,011.43/$3,033.19 $0 $0 $1,011.43/$3,033.19 (10) (11)
Combining Districts $3,034.28 $0 $0 $3,034.28 (10)
Comprehensive Plan Map
Amendment $3,034.28 $0 $0 $3,034.28 (10)
Comprehensive Plan Text
Amendment $3,034.28 $0 $0 $3,034.28 (10)
Concept Meeting Review No charge No charge $0 No charge
Conditional Use $4,043.53 $1,015.77 $0 $5,059.30 (13)
Document Recording Fees Actual cost $0 $0 Actual Cost (20)
Downtown Design Review $402.62/$1,011.43 $102.01/$202.94 $0 $505.71/$1,214.36 (3) (14)
Fee Deferral Lien $269.13 $0 $0 $269.13 (18)
Hearing Examiner-Conduct
of Hearing and Preparation
of Decision
Actual cost $0 $0 Actual Cost (16)
Hourly rate $158.65 $158.65 $160.61 N/A
Lot Line Adjustment $605.55 $812.83 $821.53 $2,239.89
Lot Line Elimination $201.85 $202.94 $205.11 $610.98
Mixed Use Design Review $1,015.77 $202.94 $0 $1,214.36 (14)
Multi-Family Design
Review
$1,011.43 +
$20.62/unit $202.94 $0 $1,214.36 + $19/unit (14)
Multi-Family Dwelling Tax
Exemption - Application $1,085.32 $0 $0 $1,085.32
Multi-Family Dwelling Tax
Exemption - Final
Application
$1,085.32 $0 $0
$1,085.32
(17)
Multi-Family Tax
Exemption Appeal -
Conditional, Final,
Extension
$403.70 $0 $0
$403.70
4.E.a
Packet Pg. 64
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Table 1 – Continued
Permit Application Type Planning Fee
Development
Engineering Fee
Public
Works Fee Total Fees Notes
Multi-Family Tax Exemption
Extension of Conditional
Certificate
$54.26 $0 $0 $54.26
Multi-Family Tax Exemption
– Contract Amendment $542.61 $0 $0 $542.61
Planned Unit Development
Plan
$5,054.96 +
$94.41/unit $7,519.49 $0 $12,574.45 +
$94.41/unit
Planned Unit Development
Plan Modification $503.54/$1,516.05 $406.96/$1,625.66 $0 $910.50/$3,141.71 (4)
Plat Modification/Alteration
Minor/Major
Minor: ¼ of plat fee
Major: ½ of plat fee
Minor: ¼ of plat
fee
Major: ½ of plat
fee
(15)
Pre-Application Conference $504.63 $0 $0 $504.63
Public Notice Actual cost of
publication (21)
Public Notice Board $201.85 $0 $0 $201.85 (5)
SEPA Checklist $504.63/$1,415.13 $605.55/$1,015.77 $0 $1,110.18/
$2,430.89 (6)
SEPA Modification $153.02/$504.63 $102.01/$202.94 $0 $255.03/$707.56 (7)
SEPA Exempt Determination $188.83 $0 $0 $188.83
SEPA Environmental Impact
Statement $4,042.45 + deposit $0 $0 $4,042.45 +
deposit (8)
Shoreline Conditional Use $2,425.47 $583.85 $0 $3,009.32 (13)
Shoreline Exempt
Determination $403.70 $202.94 $0 $606.54
Shoreline Substantial
Development $2,022.85 $609.89 $0 $2,632.74
Shoreline Variance $1,516.05 $609.89 $0 $2,125.95 (13)
Short Plat (2-4 lots) –
Preliminary Plat $1,516.05 $2,032.62 $0 $3,548.67
Short Plat (5-9 lots) -
Preliminary Plat
$4,042.45 +
$100.93/lot $3,657.19 $0 $7,699.64 +
$100.93/lot
Short Plat - Final Plat or
Final Binding Site Plan
$3,033.19 +
$41.24/lot $2,032.62 $1,640.85
$6,706.66 +
$41.24/lot
Sign Permit $303.85 $102.01 $0 $405.87 (19)
Small Cell Equipment
Installation-Site Specific $100.00 $0 $0 $100.00 (22)
Special Home Occupation
Permit $605.55 $0 $0 $605.55 (13)
Subdivision - Preliminary
Plat
$7,076.72 +
$100.93/lot $7,519.49 $0 $14,596.21 +
$100.93/lot
Subdivision - Final Plat $4,045.70 +
$41.24/lot $5,486.87 $4,911.71
$14,444.28 +
$41.24/lot
4.E.a
Packet Pg. 65
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Table 1 – Continued
Permit Application Type Planning Fee
Development
Engineering Fee
Public
Works Fee Total Fees Notes
Temporary Use $61.86 $61.86 $0 $123.72
Temporary Sign $153.02 $0 $0 $153.02
Variance - Administrative $605.55 $202.94 $0 $808.49
Variance - Single Family
Dwelling $605.55 $102.01 $0 $707.56 (13)
Variance - Sign & Other than
Single Family Dwelling $4,043.53 $202.94 $0 $4,246.47 (13)
WTF Administrative Permit $605.55 $0 $0 $605.55
WTF Conditional Use $4,043.53 $406.96 $0 $4,450.49
Zone Map Amendment
(Rezone) $4,043.53 $0 $0 $4,043.53 (10)
Zoning Permit / Site Plan
Review $47/$102.01/value $47/$102.01/value $0 $102.01/$204.02/value
(12a-
12e)
(14)
4.E.a
Packet Pg. 66
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
TABLE 1 NOTES:
Two (2) re-submittals of the plans are included with the review fees described in
Table 1. Additional re-submittal reviews, whether attributed to the application’s
action or inaction, shall be charged at the hourly rate listed in Table 1.
(1) The fees are applicable for an attached accessory dwelling unit, an interior
accessory dwelling unit or for a detached accessory dwelling unit in a single-
family residential zone. The fee includes the cost of the Planning Services
Office recording of the accessory dwelling unit covenant documents with King
County. An accessory living quarters in a commercial or industrial zone is
subject to the applicable construction value-based fee.
(2) The lesser Planning fee applies to review of changes to an unrecorded
Binding Site Plan. The greater fee is for changes to a recorded Binding Site
Plan.
(3) The lesser planning and engineering review fees applicable to minor
alterations and improvements. The greater planning and engineering review
fees apply to all new buildings, redevelopment, and major alterations and
improvements.
(4) Any minor change to an approved Planned Unit Development Plan is subject
to the lesser planning and engineering review fees for a modification. Any
major change to an approved Planned Unit Development Plan is subject to
the greater planning and engineering review fees for a modification.
(5) The Planning Director has the authority to change this fee as needed to cover
City expenditures.
(6) The lesser planning and engineering review fees are applicable only to SEPA
review of construction of one single family dwelling on an individual parcel.
All other SEPA checklist applications are subject to the greater fees for both
planning and engineering review fees.
(7) The lesser planning and engineering review fees are applicable only to
modifications to a SEPA determination for one single family dwelling on an
individual parcel. All other modifications to a SEPA determination are subject
to the greater planning and engineering review fees.
4.E.a
Packet Pg. 67
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
(8) A deposit amount will be equal to the estimated cost of contract services
necessary to complete the Environmental Impact Statement process, must
be submitted to the city.
(9) Deleted.
(10) Application requires public hearings. If multiple permit applications which
require the same hearing procedure are submitted at the same time, the
applicant will be charged the full fee for the permit application with the
highest fee and 50% of the established fee for each of the other permits
eligible for a consolidated review and hearing.
(11) The lesser fees are applicable to amendments to Single Family Residential
zones only. Amendments to all other zoning districts or sections of the
zoning code are subject to the greater fee.
(12) a. The lesser fees are applicable for Minor Single Family Dwelling
Construction on an existing dwelling such as a deck, minor addition of
less than 25% of existing floor area, interior remodel or accessory
building of 500 square feet or less on the same lot as the existing
dwelling.
b. The greater fees are applicable for Major Single Family Dwelling
Construction on an existing dwelling such as major addition of more
than 25% of existing floor area or an accessory building of more than
500 square feet on the same lot as the existing dwelling.
c. All new single family dwelling construction is subject to the following
fee schedule:
Building Services Planning Engineer Eng.
Construction Valuation Fee Review Insp.
Fee Fee
$0 - $74,999 ................................... $100.93 $100.93 $160.61
$75,000-$124,999 ........................... $201.85 $201.85 $160.61
$125,000 - $224,999 ....................... $402.62 $402.62 $160.61
Over $225,000 ................................ $605.55 $605.55 $160.61
d. All new buildings, tenant improvements, and accessory living quarters
in a commercial or industrial zone and other construction and
development activity, other than single family dwelling construction, is
subject to the following fee schedule:
4.E.a
Packet Pg. 68
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Building Services Planning Engineer Eng.
Construction Valuation Fee Review Insp. Fee Fee
$0 - $49,999 ................................... $158.65 $158.65 $80.31
$50,000 - $99,999 ........................... $672.84 $672.84 $80.31
$100,000-$249,999 ......................... $1,343.50 $1,343.50 $80.31
$250,000 - $499,999 ....................... $2,016.43 $2,016.43 $80.31
$500,000 - $999,999 ....................... $2,687.01 $2,687.01 $80.31
$1,000,000 - $4,999,999 .................. $4,030.51 $4,030.51 $80.31
$5,000,000 - $10,000,000 ................ $5,376.18 $5,376.18 $80.31
Over $10,000,000 ............................ $6,719.68 $6,719.68 $80.31
e. The zoning permit fee for those development projects for which no
building permit is required but which requires site plan review and a
zoning permit, shall be based on the value of the proposed
development to be undertaken. The value of the proposed
construction/ development shall be determined based on professional
estimates by a licensed engineer, architect, landscape designer or
contractor. These estimates may include, but are not limited to, grade
and fill of the site, paving, placement of utilities, lighting, landscaping,
and other site improvements. The combined total of the cost
estimates for all development on the site shall be the established value
basis for the zoning permit fee [as listed in 12c or 12d categories
above as appropriate].
(13) Application requires a public hearing before the Hearings Examiner. If
multiple permit applications which require a Hearing Examiner decision are
submitted at the same time, the applicant will be charged the full fee for the
permit application with the highest fee and 50% of the established fee for
each of the other permits eligible for a consolidated review and hearing.
(14) Application fees may be reduced by 75% if the application is for a mixed-use
building. Fee reduction applies to site plan review/zoning permit, mixed use
design review, multi-family design review and downtown design review. Fee
waivers do not apply to SEPA, short plat, subdivision or other permit
requests associated with the development of a site, nor does fee reduction
apply to mixed use development where the commercial and residential uses
are not located within the same building.
(15) Plat alteration fees are determined after review whether the changes
requested are minor or major. A minor change is done administratively, and
the fee is 25% of the cost of the original preliminary plat fee. A major
change requires a public hearing or meeting and the fee is 50% of the cost of
4.E.a
Packet Pg. 69
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
the original preliminary plat fee. A public notice board is required for a major
alteration.
(16) For applications that require a public hearing before the city’s Hearing
Examiner, the project applicant is responsible for 100% of the Hearing
Examiner’s hourly fee and associated expenses. Payment in full shall be
submitted to the city prior to release of the Hearing Examiner’s decision.
This requirement shall not apply to appeal hearings.
(17) These funds are distributed to the King County Assessor’s Office by the city.
(18) A fee deferral lien may be recorded in lieu of transportation, fire and school
impact fees for building permits associated with single family residential
homes built for resale, consistent with the requirements of Kent City Code
12.20.
(19) The engineering fee only applies to freestanding signs, not wall mounted
signs.
(20) The applicant shall pay all document recording fees charged by King County,
and all administrative fees charged by the title company for processing.
Payment in full shall be submitted to the city before documents are sent for
recording.
(21) For applications that require public notice, the applicant shall reimburse the
city for 100% of publication and mailing costs. Reimbursement shall be paid
to the city prior to issuance of the final decision.
(22) The city may charge additional review fees based on its actual costs to
review the application.
4.E.a
Packet Pg. 70
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
TABLE 2
Permit Application Type Review/Intake Fee
Inspection /
Issuance Fee Total Fee Notes
Civil Construction - Non-
Residential
$6,498.30/$20,510.66/
$62,343.74
$5,027.83/$15,895.41/
$48,545.16
$11,526.13/$36,370.08/
$110,888.90 (1a)
Civil Construction - Minor $811.74/$1,827.51 $580.59/$1.547.52 $1,392.34/$3,375.04 (1b)
Civil Construction - Plats $19,494.90/$37,569.24 $15,085.65/$29,204.37 $34,580.55/$66,773.61 (1c)
Civil Construction - Short Plats $2,437.40/$6,294.28 $1,740.69/$6,335. $4,178.10/$12,629.79 (1d)
Critical Areas - Reasonable Use
or Variance $2,844.36 $0 $2,844.36
Critical Areas - Monitoring
Report $1,117.78 $0 $1,117.78 (2a, 2b)
Critical Areas – Delineation
Report Review $2,235.55 $0 $2,235.55 (2a, 2c)
Critical Areas – Conceptual
Mitigation Plan $2,032.62 $0 $2,032.62 (2a, 2c)
Critical Areas – Final Mitigation
Plan $3,047.30 $2,322.37 $5,370.76 (2a, 2c)
Demolition Permit $406.96 $387.42 $793.30
Deviation Request to
Construction Standards $875.77 $193.17 $1,108.01
Franchise or Limited License
Agreements for use of the
public right-of-way $500 $0 $500 (9)(10)
Grade and Fill - Major - Tier 1 $812.83 $1,161.19 $1,975.10 (3a)
Grade and Fill - Major - Tier 2 $1,219.79 $1,547.52 $2,767.31 (3a)
Grade and Fill - Major - Tier 3 $1,625.66 $3,096.13 $4,722.88 (3a)
Grade and Fill - Major - Tier 4 $2,032.62 $4,645.83 $6,677.36 (3a)
Grade and Fill - Minor $609.89 $580.59 $1,190.49 (3a)
Grade and Fill - Minor (SF Only) $202.94 $193.17 $396.11 (3b)
Hearing Examiner Actual Cost Actual Cost
(4)
Hourly Rate $158.65 $160.61
Latecomer Agreement
$158.65 per hour (3
hour minimum charge)
Recording Fees Actual Cost Actual Cost
(5)
Sewer - Certificate of
Availability $304.95 $96.58 $401.53
Sewer - Permit $102.01 $484.01 $584.93 (6)
Street Cut Permits $406.96 $580.59 $986.47 (7)(8)
Street Use Permits $202.94 $290.84 $494.86
Water - Certificate of
Availability $304.95 $96.58 $401.53
Water - Permit $102.01 $484.01 $584.93
Water Backflow Inspection $0 $193.17 $193.17
Backflow Prevention Assembly
Annual Administrative Fee $0 $108.52 $108.52
4.E.a
Packet Pg. 71
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
Exhibit “F”
City of Kent Planning, Development Engineering, Public Works, and Land
Use Review Fees
TABLE 2 NOTES:
Two (2) re-submittals of the plans are included with the review fees described in
Table 2. Additional re-submittal reviews, whether attributed to the application’s
action or inaction, shall be charged at the hourly rate listed in Table 2.
(1) Civil Construction
a. Applies to work with a construction valuation of $60,000 or greater
with the following sub-categories:
Non-Residential Tier Construction Valuation
Small $60,000 - $199,999
Medium $200,000 - $1,099,999
Large $1,100,000 - $4,399,999
Extra Large $4,400,000 and above*
* Projects valued over $4,400,000 shall be charged an additional fee equal to 2.5%
of the portion of project valuation over $4,400,000.
b. Applies to projects, with a construction valuation of less than $60,000.
The lower fee applies to work with valuations less than $20,000.00.
c. The lower fee applies to plats 39 lots and less.
d. The lower fee applies to short plats 4 lots and less.
(2) Critical Areas
a. Review fees for a single family residential parcel only may be reduced
by 25%.
b. Fee assumes one site visit to verify report findings, one review and
one letter of acceptance from the city. Additional site visits and/or
reviews will be billed at the hourly rate for staff time plus time and
materials for city consultant time.
c. Fee assumes one site visit or review, one re-review and one approval
letter from the city. Additional site visits and/or reviews will be billed
at the hourly rate for staff time plus time and materials for city
consultant time.
4.E.a
Packet Pg. 72
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
(3) Grade and Fill
a. The quantities and review thresholds for Grade and Fill permits are as
follows:
Grade and Fill
Quantity
Cleared or
Disturbed Area
New or Replaced
Hard Surface
Tier
0 cy - 49 cy 0 sf - 6,999 sf 0 sf - 1999 sf 0
50 cy - 499 cy 7,000 sf - <3/4 acre 2,000 sf - 4,999 sf Minor
500 cy - 4,999 cy 3/4 ac - <1 ac 5,000 sf - <1 ac 1
5,000 cy - 49,999 cy 1 ac - <2.5 ac 1 ac - <2.5 ac 2
50,000 cy - 99,999 cy 2.5 ac - <5 ac 2.5 ac - <5 ac 3
100,000 cy and larger 5 ac and larger 5 ac and larger 4
b. The Minor Single Family Grade and Fill fees apply to work
performed on one single family residential parcel of 6,999 sf or less
only. Short Plats, Plats, and other projects spanning multiple
parcels fall into the other categories.
(4) For applications that require a public hearing before the city’s Hearing
Examiner, the project applicant is responsible for 100% of the Hearing
Examiner’s hourly fee and associated expenses. Payment in full shall be
submitted to the city prior to release of the Hearing Examiner’s decision. This
requirement shall not apply to appeal hearings.
(5) The applicant shall pay all document recording fees charged by King
County and all administrative fees charged by the title company for processing.
Payment in full shall be submitted to the city before documents are sent for
recording.
(6) Side sewer permit Inspection / Issuance Fee may be reduced by 50% if
the work is an emergency repair only. New installations, grease interceptors,
and similar work is subject to the full fee listed in the table.
(7) Street Cut Permit Review and Inspection Fees may be reduced by 50% if
the following criteria are met:
a. The location of the work is behind the curb and gutter (if any), or
outside the pavement surface (if no curb and gutter exist), and
b. The size of the disturbed area is 50 square feet or less, and
c. The work is in front of a single family residential zoned parcel only,
and
d. There is no traffic control plan required, and
e. The work is not being done by a franchised utility company.
4.E.a
Packet Pg. 73
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
(8) This fee shall be assessed for every 500 lineal feet of underground utility
installation. For the purpose of determining the fee, lineal footage
measurements shall be rounded up to the next 500-foot increment.
(9) The city may charge additional review fees based on its actual costs to
review the application.
(10) For small cell franchise agreement applications, the fee shall include review,
issuance and inspection of five site-specific small-cell equipment installation
permits.
4.E.a
Packet Pg. 74
At
t
a
c
h
m
e
n
t
:
F
e
e
R
e
s
o
l
u
t
i
o
n
-
R
e
p
e
a
l
a
n
d
R
e
p
l
a
c
e
t
o
a
d
d
L
a
t
e
c
o
m
e
r
F
e
e
s
(
2
2
3
2
:
R
e
s
o
l
u
t
i
o
n
A
m
e
n
d
i
n
g
K
e
n
t
C
i
t
y
C
o
d
e
F
e
e
s
-
A
d
o
p
t
)
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Fourth and Willis Roundabout - Sight Distance Easement -
Authorize
MOTION: Recommend Council authorize the Mayor to sign all documents
necessary for the acquisition of a Sight Distance Easement on a portion of
property owned by the Kent School District, located at 317 4th Avenue S.
(APN 768280-0220), for an amount not to exceed $6,700.00, subject to
final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: The City of Kent has designed a roundabout for the intersection of
Willis Street (SR 516) and 4th Avenue South (the “Project”).
The Project requires that the City acquire a sight distance easement from the Kent
School District (“KSD”) on a portion of KSD property located at 317 4th Avenue
South (APN 982570-1135). KSD has accepted the City’s administrative offer of
$6,700.00 as compensation for the sight distance easement, which will be located
along 4th Avenue South and West Saar Street.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 4th & Willis Sight Distance Easement (PDF)
4.F
Packet Pg. 75
SIGHT DISTANCE EASEMENT
Page 1 of 4
AFTER RECORDING MAIL TO:
City of Kent
220 4th Avenue South
Kent, WA 98032
Attn: City Clerk
Grantor: Kent School District No. 415, who acquired title as Kent School District
No. 3
Grantee: City of Kent
Abbreviated Legal Description: Ptn. Lot 1-3, Blk 19, Yesler’s First Addition to
the Town of Kent, Vol 5 of Plats, Pg 64, SE ¼ Sec. 24, Twp 22 N, Rg 4 E WM
Assessor’s Tax Parcel No.: 982570-1135
Project Name: 4th & Willis Roundabout
SIGHT DISTANCE EASEMENT
THIS INSTRUMENT is made this ________ day of _________, 2020, by Kent
School District No. 415, who acquired title as Kent School District No. 3 (“Grantor”)
and the City of Kent, a Washington municipal corporation (“Grantee”).
Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, receipt of which is hereby acknowledged by Grantor, conveys and
quit claims to Grantee, its successors and/or assigns, a Sight Distance Easement
(“Easement”) to create and preserve adequate and appropriate sight distances at
the intersection of 4th Avenue S. and Saar Street (“Public Right-of-Way”) for the
protection of pedestrians, motorized vehicles, and non-motorized vehicles, over,
under, through, across and upon the property situated in King County, Washington,
specifically described in Exhibit A and graphically depicted on Exhibit B, both of
which are attached and incorporated herein (the “Easement Area”).
This Easement grants to Grantee the right, after first giving written notice to
Grantor, without prior institution of suit or proceeding at law, at times as may be
necessary, to enter the Easement Area and the immediately adjacent incidental
areas with the necessary equipment for the purposes of constructing, maintaining,
altering, and repairing sight distances without incurring any legal obligation or
liability. In exercising its right to construct, maintain, alter, repair and preserve
4.F.a
Packet Pg. 76
At
t
a
c
h
m
e
n
t
:
4
t
h
&
W
i
l
l
i
s
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
(
2
2
3
8
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
-
A
u
t
h
o
r
i
z
e
)
SIGHT DISTANCE EASEMENT
Page 2 of 4
sight distances, Grantee may remove obstructions within the Easement Area,
including, without limitation, rockeries, retaining walls, fences, structures,
landscaping materials, earthen berms, and other items that Grantee determines to
be a safety impairment to the general public upon or entering the Public Right-of-
Way.
Grantor shall retain the right to use the surface of the Easement Area,
including the immediately adjacent areas, so long as that use does not interfere
with the uses described in this Easement. However, Grantor shall not place
obstructions within the Easement Area (by way of example and without limitation,
rockeries, retaining walls, fences, structures, landscaping materials, and earthen
berms) that exceed a height of 30 inches or that Grantee determines constitutes a
safety impairment to the general public upon or entering the Public Right-of-Way.
If Grantor does interfere with Grantee’s rights, Grantor shall remove the
obstruction upon Grantee’s demand. Should Grantor fail to remove the obstruction
within 30 calendar days from the date of Grantee’s written notice to remove the
obstruction, Grantee may exercise its right to remove the obstruction and assess
Grantor for Grantee’s costs in removing the obstruction. Grantor shall be
responsible to fully reimburse Grantee for those costs within 90 calendar days from
the date of Grantee’s written notice demand payment of the costs.
Notwithstanding the removal of obstructions that interfere with Grantee’s
rights under this Easement, Grantee will use reasonable efforts to exercise its rights
within the Easement Area, including immediately adjacent areas, so as not to
disturb or destroy Grantor’s private improvements, or in the event they are
disturbed or destroyed, they will be replaced in as good a condition as they were
immediately before the property was entered upon by Grantee.
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 accepts the
Easement Area in its present physical condition, AS IS. Grantee does hereby
release, indemnify, and promise to defend and save harmless Grantor from and
against any and all liability, loss, damage, expense, actions and claims, including
costs and reasonable attorneys’ fees incurred by Grantor in connection therewith,
arising directly or indirectly on account of out of the exercise by Grantee, its
agents, employees and contractors of the rights granted in this Easement.
This Easement shall be a covenant running with the land, and shall bind
Grantor’s successors, heirs, and assigns, and all future owners of the real property
affected by this Easement.
(Signatures on following page)
4.F.a
Packet Pg. 77
At
t
a
c
h
m
e
n
t
:
4
t
h
&
W
i
l
l
i
s
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
(
2
2
3
8
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
-
A
u
t
h
o
r
i
z
e
)
SIGHT DISTANCE EASEMENT
Page 3 of 4
Grantor:
KENT SCHOOL DISTRICT NO. 415, who acquired
title as KENT SCHOOL DISTRICT NO. 3
By:
Title:
Grantee:
CITY OF KENT
By:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of Kent School District No. 415, who acquired title as Kent School District
No. 3, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.F.a
Packet Pg. 78
At
t
a
c
h
m
e
n
t
:
4
t
h
&
W
i
l
l
i
s
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
(
2
2
3
8
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
-
A
u
t
h
o
r
i
z
e
)
SIGHT DISTANCE EASEMENT
Page 4 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.F.a
Packet Pg. 79
At
t
a
c
h
m
e
n
t
:
4
t
h
&
W
i
l
l
i
s
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
(
2
2
3
8
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
-
A
u
t
h
o
r
i
z
e
)
EXHIBIT _
TAX LOT 9825701 1 35
EASEMENT
THAT PORTION OF LOTS 1, 2, AND 3, BLOCK 19 YESLER'S FIRST ADDITION TO THE
TOWN OF KENT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 5 OF
PLATS, PAGE 64, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY ALONG
THE SOUTH LINE THEREOF 15.00 FEET; THENCE NORTHEASTERLY TO A POINT ON
THE EAST LINE OF SAID LOT 3, SAID POINT LIES 15O.OO FEET FROM THE POINT OF
BEGINNING AS MEASURED ALONG THE EASTERLY LINE OF SAID LOTS 1, 2, AND 3;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE 15O.OO FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,124 SQUARE FEET, MORE OR LESS
I o -l'{.- LrjT
LAIP
4.F.a
Packet Pg. 80
At
t
a
c
h
m
e
n
t
:
4
t
h
&
W
i
l
l
i
s
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
(
2
2
3
8
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
-
A
u
t
h
o
r
i
z
e
)
.1,vd
CK,19
ITION
'S FIRST
-"ot*vd
,b
e
BL
YESL
o1('
UJ
IF$a1,124 SQ. FT
arC L
1
SAAR ST
_l
IN IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE
TO LOCATE THE LAND
INDICATED HEREON WITH
REFERENCE TO STREETS AND
OTHER LAND. NO LIABILITY IS
ASSUMED BY REASON OF
RELIANCE HEREON.
Project# 18-3020
LOCATED IN THE SE 1i4 OF SEC 24,
TOWNSHIP 22 N, RANGE 4 E, W.M.KENTwaaxl lo?ol
CITY OF KENT
LAND SURVEY SECTION
EASEMENT
DRAWN BY: TLM EXHIBITSCALE:1"=50'
DATE: 1011412019
4.F.a
Packet Pg. 81
At
t
a
c
h
m
e
n
t
:
4
t
h
&
W
i
l
l
i
s
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
(
2
2
3
8
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
S
i
g
h
t
D
i
s
t
a
n
c
e
E
a
s
e
m
e
n
t
-
A
u
t
h
o
r
i
z
e
)
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Fourth and Willis Roundabout - Right-of-Way Dedication -
Ordinance - Adopt
MOTION: Adopt Ordinance No. 4357, authorizing the dedication of a
portion of City-owned property located along Willis Street (SR 516)
between the Union Pacific Railroad tracks and 4th Avenue South as right-
of-way.
SUMMARY: The City of Kent is designing a roundabout for the intersection of Willis
Street (SR 516) and 4th Avenue South (the “Project”).
The Washington State Department of Transportation (WSDOT) agreed to surplus
seven WSDOT-owned parcels (King County Tax Parcel Nos. 134930-0045, 982570-
1295, 982570-1275, 982570-1276, 982570-1270, 982570-1290, and 982570-
1255) (the “Property”) to the City to use for the Project, with the restriction that
the Property be used only for road/street purposes. WSDOT conveyed these parcels
to the City via quit claim deed executed on December 13, 2019, under recording
number 20191223001230.
The entirety of the Property will be dedicated as City right of way. Dedication of the
Property will formally establish and define the boundaries of the right of way, which
is necessary due to others who make use of City rights of way, including utility,
cable, and telecommunications providers, and other franchisees and licensees.
BUDGET IMPACT: None.
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. ROW Dedication Ordinance-WSDOT Surplus Parcel (PDF)
4.G
Packet Pg. 82
1 Dedication of Public Right of Way at
4th Avenue and Willis Street
ORDINANCE NO.4357
AN ORDINANCE of the City Council of the
City of Kent, Washington, dedicating as right of
way a portion of City-owned property located along
Willis Street (SR 516) between the Union Pacific
Railroad tracks and 4th Avenue S., authorizing the
Mayor to sign all documents necessary to finalize
and define the dedications authorized by this
ordinance, and directing the City Clerk to record a
certified copy of this amending ordinance upon its
passage.
RECITALS
A. The City of Kent is designing a roundabout for the intersection
of Willis Street (SR 516) and 4th Avenue S (the “Project”). The Project is
funded by the Washington State Legislature as an economic development
project for the southwest area of downtown Kent, as well as a mobility
improvement for the SR 167/SR 516 interchange area.
B. The Washington State Department of Transportation
(WSDOT) agreed to surplus seven WSDOT-owned parcels (King County
Tax Parcel Nos. 134930-0045, 982570-1295, 982570-1275, 982570-1276,
982570-1270, 982570-1290, and 982570-1255) (the “Property”), to the
City to use for the Project, with the restriction that the Property be used
only for road/street purposes. WSDOT conveyed these parcels to the City
via quitclaim deed executed on December 13, 2019 under recording
number 20191223001230.
C. The entirety of the Property will be dedicated as City right of
way. Dedication of the Property will formally establish and define the
4.G.a
Packet Pg. 83
At
t
a
c
h
m
e
n
t
:
R
O
W
D
e
d
i
c
a
t
i
o
n
O
r
d
i
n
a
n
c
e
-
W
S
D
O
T
S
u
r
p
l
u
s
P
a
r
c
e
l
(
2
2
3
4
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
R
i
g
h
t
-
o
f
-
W
a
y
D
e
d
i
c
a
t
i
o
n
-
O
r
d
i
n
a
n
c
e
-
2 Dedication of Public Right of Way at
4th Avenue and Willis Street
boundaries of the right of way, which is necessary due to others who make
use of City rights of way, including utility, cable, and telecommunications
providers, and other franchisees and licensees.
D. Once the right of way is dedicated through Council’s adoption
of this ordinance, the City Clerk will be directed to record a certified copy
of this ordinance with the King County Recorder’s Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Dedication of Right of Way. City-owned real
property along W. Willis Street between the Union Pacific Railroad tracks
and 4th Avenue S., described as King County Tax Parcel Nos. 134930-
0045, 982570-1295, 982570-1275, 982570-1276, 982570-1270, 982570-
1290, and 982570-1255, and legally described on the attached and
incorporated Exhibit A is hereby dedicated for right of way purposes,
including without limitation, roadway, sidewalk, and pedestrian path
improvements and utility undergrounding and installation.
SECTION 2. – Mayor authorized to Finalize and Sign. The Mayor is
authorized to sign all documents necessary to finalize and define the
dedications authorized by this ordinance.
SECTION 3. – City Clerk to Record Ordinance. The City Clerk is
hereby directed to attach an appropriate cover sheet and record a
certified copy of this ordinance with the King County Recorder’s Office.
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
4.G.a
Packet Pg. 84
At
t
a
c
h
m
e
n
t
:
R
O
W
D
e
d
i
c
a
t
i
o
n
O
r
d
i
n
a
n
c
e
-
W
S
D
O
T
S
u
r
p
l
u
s
P
a
r
c
e
l
(
2
2
3
4
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
R
i
g
h
t
-
o
f
-
W
a
y
D
e
d
i
c
a
t
i
o
n
-
O
r
d
i
n
a
n
c
e
-
3 Dedication of Public Right of Way at
4th Avenue and Willis Street
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
April 7, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
April 7, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
April 10, 2020
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.G.a
Packet Pg. 85
At
t
a
c
h
m
e
n
t
:
R
O
W
D
e
d
i
c
a
t
i
o
n
O
r
d
i
n
a
n
c
e
-
W
S
D
O
T
S
u
r
p
l
u
s
P
a
r
c
e
l
(
2
2
3
4
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
R
i
g
h
t
-
o
f
-
W
a
y
D
e
d
i
c
a
t
i
o
n
-
O
r
d
i
n
a
n
c
e
-
Exhibit A
King County Tax Parcel Nos. 134930-0045, 982570-1295, 982570-1275, 982570-1276,
982570-1270, 982570-1290, and 982570-1255
ICN 1-17-00171
A track of land situate in Section 24, Township 22 North, Range 4 East,
Willamette Meridian, in King County, Washington, described as follows:
Those portions of Lots 1, 2 and 3, Block 3, Car Line Addition to Kent,
according to the plat thereof recorded in Volume 10 of Plats, Page 83,
records of King County, Washington, as conveyed by warranty deeds filed
in Volume 4963, Page 467, under recording number 5921642, and filed in
Volume 4693, Page 466, under recording number 5921641, and filed in
Volume 4703, Page 349, under recording number 5933101, all being
records of said county;
TOGETHER WITH those portions of Lots 2 and 9, Block 21, Yesler’s First
Addition to the Town of Kent, according to the plat thereof recorded in
Volume 5 of Plats, Page 64, records of King County, Washington, as
conveyed by warranty deeds filed in Volume 4696, Page 250, under
recording number 5924693, and in Volume 4693, Page 465, under
recording number 5921640, all being records of said county;
EXCEPT any portion of the above described tract lying Northerly of a line
drawn parallel with and 75 feet Southerly of the SR 516 line survey of
SR 167, KENT: SO. 285TH ST. TO SO. 228TH ST.
ICN 1-17-00183
A track of land situate in Section 24, Township 22 North, Range 4 East,
Willamette Meridian, in King County, Washington, described as follows:
Those portions of Lots 1, 2, and 3, Block 3, Car Line Addition to Kent,
according to the plat thereof recorded in Volume 10 of Plats, Page 83,
records of King County, Washington, as conveyed by warranty deeds filed
in Volume 4703, Page 352, under recording number 5933101, and filed in
Volume 4707, Page 423, under recording number 5937854, and filed in
Volume 4713, Page 112, under recording number 5944141, all being
records of said county;
TOGETHER WITH Lots 5 and 6, Block 21, Yesler’s First Addition to the
Town of Kent, according to the plat thereof recorded in Volume 5 of Plats,
page 64, records of King County, Washington, as conveyed by warranty
deeds filed in Volume 4696, page 252, under recording number 5924695,
and filed in Volume 4870, Page 370, under recording number 6114628, all
being records of said county;
EXCEPT any portion of the above described tract lying Southerly of a line
drawn parallel with and 75 feet Northerly of the SR 516 line survey of
SR 167, KENT: SO. 285TH ST. TO SO. 228TH ST.
4.G.a
Packet Pg. 86
At
t
a
c
h
m
e
n
t
:
R
O
W
D
e
d
i
c
a
t
i
o
n
O
r
d
i
n
a
n
c
e
-
W
S
D
O
T
S
u
r
p
l
u
s
P
a
r
c
e
l
(
2
2
3
4
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
R
i
g
h
t
-
o
f
-
W
a
y
D
e
d
i
c
a
t
i
o
n
-
O
r
d
i
n
a
n
c
e
-
ICN 1-17-09023
A track of land situate in Section 24, Township 22 North, Range 4 East,
Willamette Meridian, in King County, Washington, described as follows:
Those portions of Lot 6, Block 20, Yesler’s First Addition to the Town of
Kent, according to the plat thereof recorded in Volume 5 of Plats, Page 64,
records of King County, Washington, as conveyed by warranty deeds filed
in Volume 4713, Page 114, under recording number 5944143, and filed in
Volume 4717, Page 427, under recording number 5949665, all being
records of said county;
TOGETHER WITH Lot 5, said block, as appropriated by Judgment and
Decree of Appropriation Item No. 6, filed August 22, 1966, in Cause
No 6574654, King County Superior court, Washington;
EXCEPT any portion of the above described tract lying Southerly of a line
drawn parallel with and 75 feet Northerly of the SR 516 line survey of
SR 167, KENT: SO. 285TH ST. TO SO. 228TH ST.
ICN 1-17-09026
A track of land situate in Section 24, Township 22 North, Range 4 East,
Willamette Meridian, in King County, Washington, described as follows:
Lots 2 and 9, Block 20, Yesler’s First Addition to the Town of Kent,
According to the plat thereof recorded in Volume 5 of Plats, Page 64, records
of King County, Washington, as conveyed by warranty deeds filed in
Volume 4698, Page 260, under recording number 5927021, and filed in
Volume 4832, Page 325, under recording number 6076584, all being
records of said county;
EXCEPT any portion of the above described tract lying Northerly of a line
Drawn parallel with and 75 feet Southerly of SR 516 line survey of
SR167, KENT: SO.285TH ST. TO SO. 228TH ST.
4.G.a
Packet Pg. 87
At
t
a
c
h
m
e
n
t
:
R
O
W
D
e
d
i
c
a
t
i
o
n
O
r
d
i
n
a
n
c
e
-
W
S
D
O
T
S
u
r
p
l
u
s
P
a
r
c
e
l
(
2
2
3
4
:
F
o
u
r
t
h
a
n
d
W
i
l
l
i
s
R
o
u
n
d
a
b
o
u
t
-
R
i
g
h
t
-
o
f
-
W
a
y
D
e
d
i
c
a
t
i
o
n
-
O
r
d
i
n
a
n
c
e
-
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Mill Creek at 76th Avenue Flood Protection Improvements –
Drainage Easement and Temporary Construction Easement -
Authorize
MOTION: Authorize the Mayor to sign all documents necessary for the
acquisition of a drainage easement and a temporary construction
easement on a portion of property owned by HRP Properties 4, located at
22203 76th Avenue South (APN 122204-9024), for an amount not to
exceed $415,090, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: The City of Kent is moving forward with its Mill Creek at 76th Avenue
South Flood Protection Project (the “Project”). The goal of the Project is to improve
Mill Creek’s conveyance capacity and reduce flood risk through the 76th Avenue
South industrial corridor.
The Project requires that the City acquire a drainage easement and a temporary
construction easement from HRP Properties 4 (“HRP”) on a portion of HRP’s
property located at 22203 76th Avenue South (APN 122204-9024). HRP has
accepted the City’s offer of $79,700 for the Temporary Construction Easement, and
has negotiated and agreed to an administrative settlement amount of $335,390 as
compensation for the drainage easement, for a combined total of $415,090.
BUDGET IMPACT: $415,090 from the Mill Creek at 76th Avenue Flood protection
improvements project budget, which is funded through a state grant and the
stormwater utility fund.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
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.
4.H
Packet Pg. 88
ATTACHMENTS:
1. Mill Creek Exhibit Drainage Easement (PDF)
2. Mill Creek Temporary Construction Easement (PDF)
4.H
Packet Pg. 89
Storm Drainage Facility and Access Easement Page 1
WHEN RECORDED RETURN TO:
City Clerk
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Grantor: HRP Properties 4
Grantee: City of Kent
Abbreviated Legal Description:
Additional Legal Description on: Exhibit “A”
Assessor's Tax Parcel ID No. _122204-9024____STR:
Project Name/Number: Mill Creek at 76th Ave Flood Protection Imp. Project/08-3019
STORM DRAINAGE FACILITY AND
ACCESS EASEMENT
EASEMENT granted this _____ day of __________________, 2020, by HRP
Properties 4, tenancy-in-common consisting of Harold W. Hill, Gustav Raaum and John
Pietromonaco ("Grantor"), to CITY OF KENT, a Washington municipal corporation
("Grantee" or “City”):
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or
other valuable consideration, receipt of which is hereby acknowledged, grants to
Grantee, its successors and/or assigns, in lieu of condemnation, a perpetual,
nonexclusive storm drainage facility and access easement under, over, through and
across the property situated in King County, Washington, specifically described in
Exhibit “A” and graphically depicted in Exhibit “B” (the “Easement Area”). The
Grantor agrees that this easement touches and concerns the land described in Exhibit
A, and that this easement shall run with the land.
City shall have the right at all times, without prior institution of suit or
proceeding at law, to enter the Easement Area and access immediate adjacent areas
with the necessary equipment and personnel for the purpose of inspecting, maintaining,
improving, repairing, constructing, and reconstructing the storm drainage facility.
4.H.a
Packet Pg. 90
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
E
x
h
i
b
i
t
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
a
n
d
Storm Drainage Facility and Access Easement Page 2
When exercising its rights under this easement, City will avoid damaging any
private improvements existing within or adjacent to the Easement Area and City will
restore private improvements if damaged by Grantee’s actions to as good condition as
they were immediately before the Easement Area was entered upon by the City.
Grantor agrees not to interfere with City’s rights under this easement.
Interference includes, but is not limited to creating any obstructions that would impede
the City’s ingress and egress or access to the Easement Area, physically modifying the
Easement Area, or preventing proper use of the storm drainage facility.
GRANTOR:
HRP Properties 4, tenancy-in-common consisting of
Harold W. Hill, Gustave Raaum and John
Pietromonaco
By:
Name: Mark Scalzo
Title:
(Notary Acknowledgments on Next Page)
4.H.a
Packet Pg. 91
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
E
x
h
i
b
i
t
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
a
n
d
Storm Drainage Facility and Access Easement Page 3
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Mark Scalzo is the person
who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the of HRP Properties 4, a Washington
corporation, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.H.a
Packet Pg. 92
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
E
x
h
i
b
i
t
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
a
n
d
EXHIBIT
TAX LOT 1222049024
DRAINAGE EASEMENT
THE WEST 33.00 FEET OF THE EAST 8O.OO FEET OF LOT 2, CITY OF KENT SHORT PLAT
NO. SPC-78.25, RECORDED UNDER RECORDING NO. 7812200849, RECORDS OF KING
COUNTY, WASHINGTON, LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.;
ALSO, THE WEST 4O.OO FEET OF THE EAST 8O.OO FEET OF PARCEL B, CITY OF KENT
SHORT PLAT NO. SPC-88-12, RECORDED UNDER RECORDING NO. 8808290764,
RECORDS OF KING COUNTY, WASHINGTON;
(ALSO KNOWN AS A PORTION OF NEW LOT 2-8, CITY OF KENT BOUNDARY L|NE
ADJUSTMENT NO. LL-90-20, RECORDED UNDER RECORDING NO. 9006261155,
RECORDS OF KING COUNTY, WASHINGTON)
CONTAINING 16,890 SQUARE FEET, MORE OR LESS.
'lt80
S " p"I _2*t7
4.H.a
Packet Pg. 93
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
E
x
h
i
b
i
t
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
a
n
d
40'
16,990
SQUARE FEET
PARCEL B
SPC-88.12
40'
_t
I
ao
!F.(9F-
I
80'l*
LOT 2
sPc-78-25
I
ry
40't-
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILIry IS ASSUMED BY REASON OF
RELIANCE HEREON.Project #08-3019
LOCATED IN THE SE 1/4 OF THE SW
1/4 0F SEC '12, TOWNSHTP 22 N,
RANGE 4 E, W.M.Waaktrotor
CITY OF KENTLAND SURVEY SECTION
HRP PROPERTIES
DRAINAGE EASEMENT
DRAWN BY: TLM EXHIBITSCALE:1"=80'
DATE: 0512312019
4.H.a
Packet Pg. 94
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
E
x
h
i
b
i
t
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
a
n
d
AFTER RECORDING MAIL TO:
City Clerk
City of Kent
220 4th Avenue South
Kent, WA 98032
Grantor(s): HRP Properties 4
Grantee(s): City of Kent
Abbreviated Legal Description:
Additional Legal Description: Attached as Exhibit A
Assessor's Tax Parcel No.: 122204-9024 STR: 12-22-4
Project Name/Number: Mill Creek at 76th Ave Flood Protection Improvements/08-3019
Temporary Construction Easement
EASEMENT granted this ____ day of 2020, by HRP Properties 4, tenancy-
in-common consisting of Harold W. Hill, Gustav Raaum and John Pietromonaco
("Grantor") to CITY OF KENT, a Washington municipal corporation ("Grantee" or “City”).
Grantor, for and in consideration of Ten Dollars and No/100 ($10.00) and/or other
valuable consideration, receipt of which is hereby acknowledged, grants to Grantee, its
successors and/or assigns, in lieu of condemnation, a temporary construction easement
and right of entry, including reasonable rights of ingress and egress, through and across
a portion of tax parcel 122204-9024, also known as 22203 76th Ave. S., Kent WA situated
in King County Washington, specifically described in Exhibit A and graphically depicted
in Exhibit B, (the “Easement Area”), to be used only during construction of
improvements in conjunction with the Mill Creek at 76th Ave. Flood Protection
Improvements Project (“Project”).
The temporary construction easement and right of entry shall remain in force
during construction of the Project from the date of first entry onto the Easement Area by
Grantee, for a period of one (1) year.
City shall have the right, without prior institution of any suit or proceeding at law,
at such times as may be necessary, with at least two (2) business days prior written
notice to Grantor (except in the event of an emergency) to enter upon the Easement Area
for the purpose of construction of improvements pursuant to the Project, provided that
the construction of these improvements shall be accomplished in such a manner that the
existing improvements and land contours existing on the Property shall not be disturbed
or destroyed, or if they are disturbed or destroyed, they will be replaced in as good a
condition as they were immediately before the Property was en tered upon by the City.
In addition, City shall use commercially reasonable efforts to avoid interfering with
Grantor’s normal course of business on its adjacent property as City exercises its rights
hereunder.
4.H.b
Packet Pg. 95
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
T
e
m
p
o
r
a
r
y
C
o
n
s
t
r
u
c
t
i
o
n
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
City shall at all times exercise its rights under this temporary construction
easement and right of entry in accordance with the requirements of all applicable
statutes, orders, rules and regulations of any public authority having jurisdiction.
Grantor agrees not to interfere with City’s rights under this easement. Interference
includes, but is not limited to creating any obstructions that would impede the City’s
ingress and egress or access to the Easement Area
The rights granted by Grantor to City under this agreement are for the limited
purpose of allowing City temporary entry on to the Property for construction of the
Project. Nothing herein shall be construed as a permanent conveyance of a real property
interest from Grantor to City.
GRANTOR:
HRP Properties 4, tenancy-in-common
consisting of Harold W. Hill, Gustave
Raaum and John Pietromonaco
By:
Name: Mark Scalzo
Date:
(Notary Acknowledgment on Following Page)
4.H.b
Packet Pg. 96
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
T
e
m
p
o
r
a
r
y
C
o
n
s
t
r
u
c
t
i
o
n
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Mark Scalzo is the person
who appeared before me, and said person acknowledged that he signed this instrument,
on oath and stated that he was authorized to execute the instrument and acknowledge it
as the ________________________ of HRP Properties 4 a Washington corporation, to
be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
APPROVED AS TO FORM:
______________________________
Name:
Office of the Kent City Attorney
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
(Printed Name)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
4.H.b
Packet Pg. 97
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
T
e
m
p
o
r
a
r
y
C
o
n
s
t
r
u
c
t
i
o
n
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
EXHIBIT
TAX LOT 1222049024
TEMPORARY CONSTRUCTION EASEMENT
THE WEST 43.50 FEET OF THE EAST 123.50 FEET OF LOT 2, CITY OF KENT SHORT PLAT
NO. SPC-78-25, RECORDED UNDER RECORDING NO. 7812200849, RECORDS OF KING
COUNTY, WASHINGTON, LOCATED IN THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.
LYING SOUTH OF THE NORTHERLY 111.00 FEET THEREOF;
ALSO, THE WEST 73.00 FEET OF THE EAST 153.00 FEET OF THE NORTH 1 1 1.OO FEET
OF SAID LOT 2, CITY OF KENT SHORT PLAT NO. SPC-78-25;
ALSO, THE WEST 73.00 FEET OF THE EAST 153.00 FEET OF THE SOUTH 5.OO FEET OF
PARCEL B, CITY OF KENT SHORT PLAT NO. SPC-88-12, RECORDED UNDER
RECORDING NO. 8808290764, RECORDS OF KING COUNTY, WASHINGTON;
ALSO, THE WEST 141,00 FEET OF THE EAST 221,00 FEET OF SAID PARCEL B, CITY OF
KENT SHORT PLAT NO. SPC-88-12, LYING NORTH OF THE SOUTH 5.OO FEET THEREOF;
(ALSO KNOWN AS A PORTION OF NEW LOT 2-8, CITY OF KENT BOUNDARY LINE
ADJUSTMENT NO. LL-90-20, RECORDED UNDER RECORDING NO. 9006261155,
RECORDS OF KING COUNTY, WASHINGTON)
CONTAINING 41,940 SQUARE FEET, MORE OR LESS,
LEE
5- 2l -got 1
ult9
4.H.b
Packet Pg. 98
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
T
e
m
p
o
r
a
r
y
C
o
n
s
t
r
u
c
t
i
o
n
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
40'
221
PARCEL B
SPC-BB-12 l_
141
l-J
I
ao
,F'(.ot\{73
1 l-
LOT 2
sPc-78-25
1 l*
43.5'
IN
40 I r
Project #08-3019
IMPORTANT:
THIS IS NOT A SURVEY. IT IS
FURNISHED AS A CONVENIENCE TO
LOCATE THE LAND INDICATED
HEREON WITH REFERENCE TO
STREETS AND OTHER LAND. NO
LIABILIry IS ASSUMED BY REASON OF
RELIANCE HEREON.
41,940
SQUARE FEET
5'1l11
LOCATED IN THE SE 1/4 OF THE SW
1/4 0F SEC 12, TOWNSHTP 22 N,
RANGE 4 E, W.M.
KENT
CiTY OF KENT
LAND SURVEY SECTION
HRP PROPERTIES
TEMPORARY CONSTRUCTION
EASEMENT
DR,A,WN BY: TLM EXHIBITSCALE:1"=80'
DATE: 0512312019
4.H.b
Packet Pg. 99
At
t
a
c
h
m
e
n
t
:
M
i
l
l
C
r
e
e
k
T
e
m
p
o
r
a
r
y
C
o
n
s
t
r
u
c
t
i
o
n
E
a
s
e
m
e
n
t
(
2
2
3
5
:
M
i
l
l
C
r
e
e
k
a
t
7
6
t
h
A
v
e
.
F
l
o
o
d
P
r
o
t
e
c
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
s
–
D
r
a
i
n
a
g
e
E
a
s
e
m
e
n
t
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: March 24, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Neighborhood Traffic Calming Update
SUMMARY: The City of Kent Residential Traffic Calming Program was first adopted
in July of 1999. The program was established to create a uniform process for
evaluating neighborhood traffic concerns and implementing traffic calming
measures on residential streets. The program was updated in 2009 (Resolution
1817). In an effort to streamline our process, we are proposing an update to better
define when and how related improvements would be constructed.
The proposed 2020 update eliminates the need for a two-phase approach to
address issues. Instead, clearly defined decision points and thresholds would be
established. This new approach maintains transparency and considers other
neighborhood factors. The result is a process that is data driven, prompt, and more
user-friendly.
Currently, speed is the only factor used to determine eligibility for the program.
This update uses a points system that factors in not only speed, but also traffic
volume, cut-through traffic, crash history, pedestrian facilities, and the presence of
parks, schools, school walking routes, and transit stops to score each street for
eligibility.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. DRAFT Residential Traffic Calming Program 2020 Update_2020-03-18 (PDF)
4.I
Packet Pg. 100
5. Data Collection
Introduction
The City of Kent Residential Traffic Calming Program (RTCP) was
first adopted in July of 1999. The program was established to
guide city officials and inform residents about the processes for
implementing traffic calming on residential streets. It has been
more than a decade since the program was last updated in 2009
(Resolution 1817). Since then there has been a concerted effort
to continue to streamline the process.
The 2020 update eliminates the need for a two-phase approach.
Instead, clearly defined decision points and thresholds have been
established. This new approach maintains transparency, while
allowing discretion and flexibility when warranted. The result is a
process that is data driven, prompt, and more user-friendly.
Program Elements
1. Eligibility
The Residential Traffic Calming Program (RTCP) is
designed to address neighborhood traffic concerns on
residential streets, both local streets and residential
collectors.
2. Request for Action
Residents may contact city staff via letter, phone, email or
the Residential Traffic Calming Program Action Request
Form.
3. Gathering Support
Early neighborhood engagement is key. The lead resident
should begin gathering support from their neighbors. A
minimum of five residents (including the lead) are
required to fill out a Citizen’s Action Request form or
contact staff directly in order to initiate the process.
4. Getting Started
City staff will follow-up with the resident(s) that initiated
the request, typically within 48 hours, to discuss next
steps.
An effective, well-organized
planning process is the
single most important
element in the creation of a
successful neighborhood
traffic management
program. – Institute of
Transportation Engineers
(ITE)
There are currently
eighteen cities in King
County with active traffic
calming programs:
Bellevue
Bothell
Federal Way
Issaquah
Kenmore
Kent
Kirkland
Lake Forest Park
Maple Valley
Medina
Mercer Island
Redmond
Renton
Sammamish
SeaTac
Seattle
Shoreline
Tukwila
Neighborhood traffic
problems are frequently
more complex than the
complaint initially brought
to the city’s attention.
Experience and research
have shown that not all
quick fixes are effective and
that systematic evaluation
of these requests can
reduce wasted expenditures
and lead to better long term
solutions. – Washington
Municipal Research and
services center (MRSC).
2020 Residential Traffic Calming Program (RTCP) Update
4.I.a
Packet Pg. 101
At
t
a
c
h
m
e
n
t
:
D
R
A
F
T
R
e
s
i
d
e
n
t
i
a
l
T
r
a
f
f
i
c
C
a
l
m
i
n
g
P
r
o
g
r
a
m
2
0
2
0
U
p
d
a
t
e
_
2
0
2
0
-
0
3
-
1
8
(
2
2
3
6
:
I
N
F
O
O
N
L
Y
:
N
e
i
g
h
b
o
r
h
o
o
d
T
r
a
f
f
i
c
C
a
l
m
i
n
g
U
p
d
a
t
e
)
5. Data Collection and Evaluation
In consultation with the lead resident(s) the City Traffic Engineer will define the study
area. A traffic study will then be conducted to see if the location meets the minimum
requirements to qualify for traffic calming devices. Points will be awarded based on
characteristics of each street as outlined in Table 1, which assigns points based on the
following factors.
Traffic Speeds: The 85th-percentile of all vehicles in both directions over a 7-day
minimum period, scored by the number of mph over the posted speed limit.
Average Daily Traffic (ADT) Counts: The average number of vehicles in both
directions over a 7-day minimum period.
Cut-Through Traffic: A measured imbalance where the ADT in one direction is
2.5 times greater than the other direction.
Crash History: The most recent 5-year crash data from the WSDOT Crash Data
Portal, points awarded for each crash.
Pedestrian Facilities: The typical presence of sidewalks or separated shoulder
walkways.
Parks, Schools (K-12), or Transit Stops: The presence or proximity of these
features or presence of a school walking route on the study street. Use the
highest scoring criteria from this section.
A minimum total score of 50 points is required to move forward with engineering
recommendations. If the total score is less than 50 points, the City will work with the
neighborhood to identify appropriate education and enforcement strategies.
A minimum of two speed studies, conducted at least 8 weeks apart, are required to
validate the results before moving forward with engineering recommendations. Traffic
speeds and volumes in the second study must be within 10 percent of the original
study to validate the results. The higher of the two speeds or traffic volumes will be
used for the scoring criteria. If the speeds and volumes of the second study are not
within 10 percent, a final third study will be conducted.
Requests that were not successfully implemented because they did not meet the
minimum score requirements or failed to succeed by ballot in previous attempts will
only be considered in the following instances:
The proposal was not implemented due to budgetary constraints and the
minimum scoring criteria continue to be met.
Traffic conditions have changed due to roadway improvements or land use
changes, as determined by the City Traffic Engineer.
At least 36 months have passed since the request of a previous failed
attempt.
2020 Residential Traffic Calming Program (RTCP) Update 4.I.a
Packet Pg. 102
At
t
a
c
h
m
e
n
t
:
D
R
A
F
T
R
e
s
i
d
e
n
t
i
a
l
T
r
a
f
f
i
c
C
a
l
m
i
n
g
P
r
o
g
r
a
m
2
0
2
0
U
p
d
a
t
e
_
2
0
2
0
-
0
3
-
1
8
(
2
2
3
6
:
I
N
F
O
O
N
L
Y
:
N
e
i
g
h
b
o
r
h
o
o
d
T
r
a
f
f
i
c
C
a
l
m
i
n
g
U
p
d
a
t
e
)
Table 1: Residential Traffic Calming Program (RTCP) Scoring Criteria
Criteria Possible Points
Traffic Speeds1
Lower than the posted speed
0 – 0.9 over
1.0 – 1.9 over
2.0 – 2.9 over
3.0 – 3.9 over
4.0 – 4.9 over
5.0 – 5.9 over
6.0 – 6.9 over
7.0 – 7.9 over
8.0 – 8.9 over
9.0 – 9.9 over
10.0+ over
0
0
2
5
9
15
23
31
37
42
46
50
Average Daily Traffic (ADT) Counts
Local Street
0-400 ADT
401-600 ADT
601-800 ADT
801-1,000 ADT
1,001+ ADT
Residential Collector
0-1,000 ADT
1,001-1,500 ADT
1,501-2,000 ADT
2,001-2,500 ADT
2,501+ ADT
1
5
10
15
20
1
5
10
15
20
Cut-Through Traffic
Average Daily Traffic in one direction is 2.5 times
the other direction.
15
Crash History2
Property Damage Only/No Apparent Injury
Possible Injury
Minor Injury
Serious Injury
Fatality
3
6
9
15
30
Pedestrian Facilities
No sidewalks
Sidewalks only on one side of the street
Sidewalks on both sides of the street
5
3
0
Parks, Schools (K-12), or Transit Stop3
…on or bordering the study street
Street is on a designated school walk route
…within ¼ mile4
5
3
1
1 85th percentile of all vehicles in both directions, over a 7 day period. The number of mph over the posted speed.
2 WSDOT Crash Data Portal. most recent 5 year range. Points awarded for each crash.
3 Take the highest scoring criteria from this section.
2020 Residential Traffic Calming Program (RTCP) Update 4.I.a
Packet Pg. 103
At
t
a
c
h
m
e
n
t
:
D
R
A
F
T
R
e
s
i
d
e
n
t
i
a
l
T
r
a
f
f
i
c
C
a
l
m
i
n
g
P
r
o
g
r
a
m
2
0
2
0
U
p
d
a
t
e
_
2
0
2
0
-
0
3
-
1
8
(
2
2
3
6
:
I
N
F
O
O
N
L
Y
:
N
e
i
g
h
b
o
r
h
o
o
d
T
r
a
f
f
i
c
C
a
l
m
i
n
g
U
p
d
a
t
e
)
6. Implementation
Staff will share the results of the study with the lead resident(s) and discuss next
steps. Strategies include a combination of education, enforcement, and engineering.
If the proposal achieves the minimum score and qualifies for physical devices, a
neighborhood meeting will be held to help determine the preferred types of traffic
calming devices and their approximate location.
Education and Enforcement
a) Brush Trimming
b) Neighborhood Speed Watch Program
c) Radar Speed Trailer
d) Traffic Enforcement
Engineering
a) Chicanes/Slow Points
b) Closure (full or partial)
c) Curb Extensions
d) Diverters
e) Lane Striping
f) Medians
g) Mini roundabout
h) Neighborhood Entrance Treatments
i) Partial Closure
j) Raised Crosswalk5
k) Blue Residential Area Signs
l) Slow Points Chokers
m) Speed Dots
n) Speed Cushions
o) Speed Limit Pavement Markings
p) Stationary Radar Sign
q) Traffic Circles
r) Turn/Access Restrictions
s) General Parking Modifications
All physical devices are subject to approval by the City Traffic Engineer, School District
Transportation Department, Kent Police Department, and the Fire Marshall.
The Public Works Director has the discretion to move an application forward or to
address safety issues discovered outside of the RTCP process.
4 Measured along the street centerline.
5 Must meet the requirements of Resolution 1931 - Adopting A Policy For Addressing Installation And Maintenance Of Crosswalk
Markings Throughout The City Of Kent.
2020 Residential Traffic Calming Program (RTCP) Update 4.I.a
Packet Pg. 104
At
t
a
c
h
m
e
n
t
:
D
R
A
F
T
R
e
s
i
d
e
n
t
i
a
l
T
r
a
f
f
i
c
C
a
l
m
i
n
g
P
r
o
g
r
a
m
2
0
2
0
U
p
d
a
t
e
_
2
0
2
0
-
0
3
-
1
8
(
2
2
3
6
:
I
N
F
O
O
N
L
Y
:
N
e
i
g
h
b
o
r
h
o
o
d
T
r
a
f
f
i
c
C
a
l
m
i
n
g
U
p
d
a
t
e
)
7. Neighborhood Voting and Notification
Residents in the study area (as defined by the Traffic Engineer) will be mailed a ballot
so they can vote on the proposed physical devices to be installed. The City requires a
50% ballot return rate. A two-thirds majority approval is required before any
permanent traffic calming devices will be installed. Residents will be notified of the
ballot results and approximate construction timeline by mail.
8. Construction
City engineering staff will work on the design elements and develop a plan for
construction implementation.
9. Evaluation and Follow-up
A follow-up study should occur at least six months after installation. Traffic speed and
volume data will be collected and any change in traffic volumes and speeds on the
treated streets documented. Traffic diversion and impact on nearby residential local
streets should also be measured. If any unacceptable impacts are identified, corrective
measure should be taken. In some cases, traffic calming measures might be removed.
If the devices are determined to be ineffective or improperly shift a traffic problem to
another street, the devices may be removed or a separate RTCP process on the other
street may begin at the discretion of the Public Works Director.
2019 Residential Traffic Calming Program (RTCP) Update 2020 Residential Traffic Calming Program (RTCP) Update 4.I.a
Packet Pg. 105
At
t
a
c
h
m
e
n
t
:
D
R
A
F
T
R
e
s
i
d
e
n
t
i
a
l
T
r
a
f
f
i
c
C
a
l
m
i
n
g
P
r
o
g
r
a
m
2
0
2
0
U
p
d
a
t
e
_
2
0
2
0
-
0
3
-
1
8
(
2
2
3
6
:
I
N
F
O
O
N
L
Y
:
N
e
i
g
h
b
o
r
h
o
o
d
T
r
a
f
f
i
c
C
a
l
m
i
n
g
U
p
d
a
t
e
)