HomeMy WebLinkAboutCity Council Committees - Kent City Council - 04/14/2020 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, April 14, 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, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 253-215-8782
and enter Meeting ID 534 408 094
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. Targeted Residential Investment Program Resolution of
Intent - Adopt and Draft Ordinance
Hayley Bonsteel
B. INFO ONLY: HB1754 Concerning the Hosting of the
Homeless by Religious Organizations
Hayley Bonsteel
C. Payment of Bills Paula Painter
D. INFO ONLY: Budget Update Paula Painter
E. INFO ONLY: Parking Code Update Rob Brown
Committee of the Whole Committee of the Whole -
Regular Meeting
April 14, 2020
F. INFO ONLY: 2020 Construction Update Eric Conner
Carla Maloney
G. Mill Creek Reestablishment Mitigation Property Purchase -
Authorize
Cheryl Rolcik-Wilcox
H. Partnering and City Services Agreement and Task Order 1
Between Sound Transit and the City of Kent for the
Operation and Maintenance Facility - Authorize
Mark Howlett
I. Resolution Recommending Link Light Rail Station Names -
Adopt
Kelly Peterson
J. INFO ONLY: Procurement Report Derek Matheson
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: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Targeted Residential Investment Program Resolution of
Intent - Adopt and Draft Ordinance
MOTION: Adopt Resolution No. 2010, determining greater Downtown Kent
and Midway to be urban centers and declaring the City’s intent to
designate these areas as Residential Targeted Areas for purposes of ad
valorem property tax exemptions pursuant to RCW 84.14.
SUMMARY: The Washington State Legislature passed Second Substitute Senate Bill
5387 in 1995, “Taxation of New and Rehabilitated Multi-Unit Dwellings in Urban
Centers.” The legislature found that attracting and maintaining permanent residents
to urban centers, a key planning concept related to growth management, would
help alleviate the detrimental conditions and social liability that can exist in the
absence of a viable residential population.
To stimulate new residential opportunities within urban centers, a tax incentive was
implemented that exempted the value of new housing construction or rehabilitation
from ad valorem property taxation for ten years. This chapter, 84.14 RCW, was
subsequently amended to include two levels of tax exemption-an eight-year
exemption and a twelve-year exemption, with the latter stipulating affordability
requirements. The exemption only applies to the value of the improvements or
buildings; property tax based on the value of the land is still collected under the
program.
Attracting residential growth to downtown and activity centers is a core tenet of the
City of Kent’s Comprehensive Plan and Economic Development Plan. The City’s
adopted Midway Subarea Plan (2011), and updated Downtown Subarea Action Plan
(2013) both call for residential growth to capitalize on high-capacity transit and
other infrastructure.
Use of the exemption laid out in Chapter 84.14 RCW has become common practice
for development in the Puget Sound region; the vast majority of neighboring cities
have adopted such programs. The City of Kent has previously utilized the program
as well, until it expired on June 30, 2019. This proposed version of the program
designates greater Downtown Kent and most of the Midway subarea as Residential
Targeted Areas (RTAs) for the purposes of the program, in keeping with adopted
land use policy regarding density and growth near transit. The proposal also
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includes requirements for affordability levels that align with this adopted land use
policy, as well as a requirement for structured or underground parking to ensure
development utilizes urban land efficiently.
With development costs high, subsidies and incentives are seen as standards in the
region. As the Puget Sound population continues to grow, Kent is competing with
other jurisdictions where rents are higher, but construction costs the same. The
proposal builds off the state program with a city-led vision for dense urban growth
near high-capacity transit, and is key to the City’s economic future.
Staff will be available at the April 14th Committee of the Whole meeting to discuss
the project and propose the RTA designations. Action on the Resolution of intent is
requested at the April 21st City Council meeting, which will set a public hearing and
final action for May 19th at the full City Council meeting.
BUDGET IMPACT: N/A
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.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Targeted Residential Investment Program MFTE Resolution of Intent RTAs
(PDF)
2. Targeted Residential Investment Program MFTE KCC 3.25 Repeal Replace
(PDF)
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1 Targeted Residential Investment Program
– Greater Downtown and Midway
RESOLUTION NO. 2010
A RESOLUTION of the City Council of the
City of Kent, Washington, establishing urban
centers as defined for multi-family residential tax
exemption purposes, declaring the City Council’s
intent to designate greater Downtown Kent and the
Midway subarea as Residential Targeted Areas, and
setting a public hearing for May 19, 2020, to
consider such designations pursuant to Chapter
84.14, Revised Code of Washington.
RECITALS
A. Chapter 84.14 RCW provides an exemption from ad valorem
property taxation for qualifying multifamily housing projects located in
Residential Targeted Areas within urban centers, as defined in that chapter,
and authorizes cities to adopt necessary procedures to implement the state
legislation.
B. Chapter 84.14 RCW requires that Residential Targeted Areas
be located within urban centers as established by the City Council. The
urban center designation required under this statute is separate and
distinct from the urban center designation associated with the City’s
Comprehensive Plan.
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2 Targeted Residential Investment Program
– Greater Downtown and Midway
C. The City has identified two areas suitable for designation as
urban centers that would also be appropriate for selection as “Residential
Targeted Areas” under Chapter 84.14 RCW. These areas, greater
Downtown Kent and the Midway subarea, appear to lack sufficient
available, desirable, and convenient residential housing to meet the needs
of the public who would likely live in these urban centers, if affordable,
desirable, attractive, and livable places were available.
D. The City declares its intent, for public consideration, to
designate greater Downtown Kent and the Midway subarea as a Residential
Targeted Areas within urban centers to include (1) the geographic area of
greater Downtown Kent bordered generally by Titus Street, the Green
River, Willis Street, South 240th/James Street, and Cloudy Street, and (2)
the Midway subarea as laid out in the Midway Subarea Plan, which
geographic area is bordered generally by Interstate 5 on the east, and the
city limits on the west and south. See Exhibits C and D for proposed maps
of the greater Downtown Kent and Midway areas, respectively.
E. Chapter 84.14 RCW requires the City Council hold a public
hearing to consider the designation of the Residential Targeted Areas
within urban centers.
F. Due to the current limitations and obstacles presented by the
current public health crisis, the City Council elects under Kent City Code
2.57.040(B) to consider this matter directly, rather than have efforts
duplicated by the Land Use and Planning Board.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
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3 Targeted Residential Investment Program
– Greater Downtown and Midway
RESOLUTION
SECTION 1. – Finding; Urban Center Designations. For the
purposes of Chapter 84.14 RCW, the greater Downtown Kent and Midway
areas shown on Exhibit A and Exhibit B, respectively, are appropriate for
determination as urban centers. These areas provide a variety of products
and services including shops, offices, hotels, restaurants, and banks. Each
area is served by adequate public streets, has sufficient sidewalks, is
generally well served by public street and sidewalk lighting, and provides
access to transit by bus, the Sounder train station, or the future Kent light
rail station. The areas are also well served with sufficient public water,
sewer and storm systems. Finally, the areas connect to a network of urban
recreational facilities, including trails along the Green River, the Interurban
Trail, and the City’s Riverbend Golf Complex.
SECTION 2. - Residential Targeted Areas Identified. The City
Council will, after holding a public hearing, determine whether the greater
Downtown Kent area, identified on Exhibit C, and the Midway subarea,
identified on Exhibit D, should be designated “Residential Targeted Areas”
pursuant to the process and rules established by Chapter 84.14 RCW. The
greater Downtown Kent area is bordered generally by Titus Street, the
Green River, Willis Street, South 240th/James Street, and Cloudy Street.
The Midway subarea is as laid out in the Midway Subarea Plan, and
includes the geographic area bordered generally by Interstate 5 on the
east, and the city limits on the west and south. In determining whether
these areas should be designated as Residential Targeted Areas, the City
Council will consider these and other factors:
A. That the areas have no available, desirable, affordable, and
convenient residential housing, and if housing were available, the public
would be likely to live in these areas.
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4 Targeted Residential Investment Program
– Greater Downtown and Midway
B. That the designation of these Residential Targeted Areas
would encourage increased residential opportunities and stimulate
construction of new multifamily housing that will increase and improve
residential housing opportunities in each urban center.
SECTION 3. - Statement of Intent. At the conclusion of the public
hearing and after publishing statutory notice, the City Council intends to
designate the greater Downtown Kent and Midway subarea as Residential
Targeted Areas for purposes of Chapter 84.14 RCW.
SECTION 4. - Public Hearing Date Set. A public hearing to consider
designations of Residential Targeted Areas for exemption from ad valorem
property taxation for qualifying multifamily housing shall be held at a
regular meeting of the Kent City Council at 7:00 p.m., Tuesday, May 19,
2020, in the Council Chambers of City Hall located at 220 4th Avenue
South, Kent, Washington, 98032. If required for Council convenience or
necessity, the date, time, and location are subject to change, and the
public hearing may need to be conducted electronically or telephonically.
SECTION 5. - Notice. The City Clerk will give proper notice of the
hearing and cause the notice to be posted as provided by state law,
Chapter 84.14 RCW.
SECTION 6. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 7. – Corrections by City Clerk. Upon approval of the City
Attorney, the City Clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
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5 Targeted Residential Investment Program
– Greater Downtown and Midway
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 8. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
April 21, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
April 21, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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EXHIBIT A4.A.a
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EXHIBIT C 4.A.a
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1 Repeal and Replace KCC 3.25 -
Targeted Residential Investment Program
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter 3.25 of
the Kent City Code, entitled “Multifamily Dwelling
Tax Exemptions,” and replacing it with a new
Chapter 3.25, entitled “Targeted Residential
Investment Program,” and designating greater
Downtown Kent and Midway as residential targeted
areas.
RECITALS
A. The Washington State Legislature passed Second Substitute
Senate Bill 5387 in 1995, “Taxation of New and Rehabilitated Multi-Unit
Dwellings in Urban Centers.” The legislature found that attracting and
maintaining permanent residents to urban centers, a key planning concept
related to growth management, would help alleviate the detrimental
conditions and social liability that can exist in the absence of a viable
residential population. To stimulate new residential opportunities within
urban centers, a tax incentive was implemented that exempted the value
of new housing construction or rehabilitation from ad valorem property
taxation for ten years. This chapter, 84.14 RCW, was subsequently
amended to include two levels of tax exemption—an eight-year exemption
and a twelve-year exemption, with the latter stipulating affordability
requirements.
4.A.b
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2 Repeal and Replace KCC 3.25 -
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B. Attracting residential growth to downtown and activity centers
is a core tenet of the City of Kent’s Comprehensive Plan and Economic
Development Plan. The City’s adopted Midway Subarea Plan (2011), and
updated Downtown Subarea Action Plan (2013) both call for residential
growth to capitalize on high-capacity transit and other infrastructure.
Transit-oriented development and growth in urban centers are also key
frameworks in King County’s Countywide Planning Policies and Puget
Sound Regional Council’s draft Vision 2050.
C. Use of the exemption laid out in Chapter 84.14 RCW has
become common practice for development in the Puget Sound; the vast
majority of neighboring cities have adopted programs utilizing the
exemption. The City of Kent has previously utilized the program as well; it
expired on June 30, 2019.
D. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed code amendments are procedural in
nature, and further SEPA analysis is not required.
E. By resolution on April 21, 2020, the City Council expressed its
intent to designate the greater Downtown Kent and Midway Residential
Targeted Areas. On May 19, 2020, the City Council held a public hearing to
consider its designation of these areas as Residential Targeted Areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
4.A.b
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3 Repeal and Replace KCC 3.25 -
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SECTION 1. – Repeal. Chapter 3.25 of the Kent City Code entitled
“Multifamily Dwelling Tax Exemptions,” is repealed in its entirety.
SECTION 2. – New Chapter. A new Chapter 3.25 of the Kent City
Code is enacted as follows.
CHAPTER 3.25
TARGETED RESIDENTIAL INVESTMENT PROGRAM
Sec. 3.25.010. Purpose. As provided for in Chapter 84.14 RCW,
the purpose of this chapter is to provide limited exemptions from ad
valorem property taxation for multifamily housing in designated urban
centers to:
1. Encourage increased residential opportunities within urban
centers designated by the City Council as residential targeted areas; and
2. Stimulate new construction on vacant and underutilized sites
and the rehabilitation of existing vacant and underutilized buildings for
multifamily housing in residential targeted areas to increase and improve
housing opportunities; and
3. Assist in directing future population growth in designated
urban centers, thereby reducing development pressure on single-family
residential neighborhoods; and
4. Achieve development densities which are more conducive to
transit use in designated urban centers.
4.A.b
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4 Repeal and Replace KCC 3.25 -
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Sec. 3.25.020. Definitions. When used in this chapter, the
following terms shall have the following meanings, unless the context
indicates otherwise:
1. Administrator means the Kent economic development director
or his/her designee.
2. Multifamily housing means one or more new multi-story
buildings designed for permanent residential occupancy, each with four or
more dwelling units.
3. Owner means the property owner of record.
4. Permanent residential occupancy means multifamily housing
that provides either rental or owner occupancy on a nontransient basis.
This includes owner-occupied or rental accommodation that is leased for a
period of at least one month. This excludes hotels and motels that
predominately offer rental accommodation on a daily or weekly basis.
5. Residential targeted areas include (a) the geographic area of
greater Downtown Kent bordered generally by Titus Street, the Green
River, Willis Street, South 240th/James Street, and Cloudy Street, and
only including zones that permit multifamily housing, and (b) the Midway
subarea as laid out in the Midway Subarea Plan, which geographic area is
bordered generally by Interstate 5 on the east, and the city limits on the
west and south. See Exhibits A and B to the ordinance establishing this
chapter for maps of the greater Downtown Kent Residential Targeted Area
and Midway Residential Targeted Area, respectively.
Sec. 3.25.030. General terms of the tax exemptions
4.A.b
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5 Repeal and Replace KCC 3.25 -
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A. Duration of exemption. The value of improvements qualifying under
this chapter is exempt from ad valorem property taxation beginning
January 1st of the year immediately following the calendar year after
issuance of the final certificate of tax exemption.
B. Limits on exemption. The exemption does not apply to the value of
land or to the value of improvements not qualifying under this chapter, nor
does the exemption apply to increases in assessed valuation of land and
nonqualifying improvements. This chapter does not apply to increases in
assessed valuation made by the assessor on nonqualifying portions of
buildings and value of land nor to increases made by lawful order of a
county board of equalization, the Department of Revenue, or a county, to
a class of property throughout the county or specific area of the county to
achieve the uniformity of assessment or appraisal required by law. At the
conclusion of the exemption period, the new housing cost shall be
considered as new construction for the purposes of Chapter 84.55 RCW.
Sec. 3.25.040. General project eligibility. A proposed project
must meet the specific project eligibility requirements of the Residential
Targeted Area provided in this chapter and the following general
requirements in order to be considered for a property tax exemption:
A. Location. The project must be located within a designated residential
targeted area as defined in KCC 3.25.020. If any portion of a legally
created lot is within the residential targeted area, then the entire lot shall
be deemed to lie within the residential targeted area.
B. Tenant displacement. Prior to approval of an application under KCC
3.25.060, the applicant shall provide the administrator with documentation
4.A.b
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6 Repeal and Replace KCC 3.25 -
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satisfactory to the administrator that RCW 84.14.030 has been complied
with, including, but not limited to, the following:
1. All tenants of residential rental structures on the project site
have been notified per state statute of the termination of their tenancy;
2. The applicant’s efforts to refer tenants to similar, alternative
housing resources; and
3. Any other actions the applicant has taken to minimize the
hardship on tenants whose tenancies will be terminated by the proposed
project.
C. Size. The project must include at least 4 units of multifamily
housing. At least 50 percent of the space within the proposed project shall
be intended for permanent residential occupancy.
D. Proposed completion date. New construction or rehabilitation of
multifamily housing must be completed within three years from the date of
approval of the application.
E. Compliance with guidelines and standards. The project must be
designed to comply with the City’s comprehensive plan, building, fire,
housing, and zoning codes, downtown design review guidelines,
multifamily design review, mixed use design review as applicable, and any
other applicable regulations. The project must comply with any other
standards and guidelines adopted by the City Council for the residential
targeted area.
F. Parking. Parking shall be located in structured parking garages,
under buildings, or underground.
4.A.b
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7 Repeal and Replace KCC 3.25 -
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G. On-site management. Projects creating one hundred (100) or more
rental units under this section must include 24-hour, 7-day-per-week on-
site management by a company with at least five years of experience in
rental management.
H. Use of existing financial incentive programs. The project shall not be
eligible for exemption under this chapter if its construction is being aided
in whole, or in part, by any local, state or federal financial incentives, tax
credits, or other grant funding programs.
Sec. 3.25.050. Midway Residential Targeted Area Guidelines.
In the Midway Residential Targeted Area, only new construction projects
shall be eligible for tax exemptions under this chapter as follows:
A. 8-Year Exemption. The value of new housing construction
improvements qualifying under this chapter is exempt from ad valorem
property taxation for eight successive years beginning January 1st of the
year immediately following the calendar year of issuance of the certificate.
B. 12-Year Exemption. The value of new housing construction
improvements qualifying under this chapter is exempt from ad valorem
property taxation for twelve successive years beginning January 1st of the
year immediately following the calendar year of issuance of the certificate,
if twenty percent of the residential units will be rented or sold as affordable
housing units to low-income households. For purposes of this subsection,
low-income household means a single person, family, or unrelated persons
living together whose adjusted income is at or below thirty percent of the
median family income adjusted for family size for King County, as reported
by the United States department of housing and urban development. For
the purposes of housing intended for owner occupancy, affordable housing
4.A.b
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8 Repeal and Replace KCC 3.25 -
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means residential housing that is within the means of low-income
households.
Sec. 3.25.060. Downtown Residential Targeted Area
Guidelines. In the Downtown Residential Targeted Area, new
construction, conversion, and rehabilitation projects shall be eligible for tax
exemptions under this chapter as follows:
A. 8-Year Exemption. The value of new housing construction,
conversion, and rehabilitation improvements qualifying under this chapter
is exempt from ad valorem property taxation for eight successive years
beginning January 1st of the year immediately following the calendar year
of issuance of the certificate.
B. 12-Year Exemption. The value of new housing construction,
conversion, and rehabilitation improvements qualifying under this chapter
is exempt from ad valorem property taxation for twelve successive years
beginning January 1st of the year immediately following the calendar year
of issuance of the certificate, if all of the residential units will be sold as
affordable housing units for owner occupancy to moderate-income
households. For purposes of this subsection, moderate-income household
means a single person, family, or unrelated persons living together whose
adjusted income is between 100 and 120 percent of the median family
income adjusted for family size for King County, as reported by the United
States department of housing and urban development. For the purposes of
housing intended for owner occupancy, affordable housing means
residential housing that is within the means of moderate-income
households.
4.A.b
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Sec. 3.25.070. Application procedure. A property owner who
wishes to propose a project for a tax exemption shall complete the
following procedures:
A. The application provided by the City shall be filed with the
administrator along with the required initial application fee of $1,000. The
application shall be filed prior to the issuance of the building permit for the
project.
B. A complete application shall include:
1. A completed City of Kent application form setting forth the
grounds for the exemption.
2. A brief written description of the project, and floor and site
plans of the proposed project, which may be revised by the owner,
provided such revisions are made and presented to the administrator prior
to the City’s final action on the exemption application.
3. A statement from the owner acknowledging the potential tax
liability when the project ceases to be eligible for exemption under this
chapter.
4. An affidavit signed by the owner stating the occupancy record
of the property for a period of 12 months prior to filing the application.
5. Verification of the correctness of the information submitted by
the owner’s signature and affirmation made under penalty of perjury under
the laws of the state of Washington.
4.A.b
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Sec. 3.25.080. Application review and issuance of conditional
certificate. The administrator may certify as eligible an application which
is determined to comply with the requirements of this chapter. A decision
to approve or deny an application shall be made within 90 calendar days of
receipt of a complete application.
A. Approval. The administrator may approve the application if he/she
finds that:
1. The proposed project is or will be, at the time of completion,
in conformance with all applicable local plans, regulations, and design
guidelines.
2. The owner has complied with all standards and guidelines
adopted by the City under this chapter, including but not limited to the
project eligibility and application requirements.
B. Contract required. If an application is approved, the applicant shall
enter into a contract with the City, approved by the City Council, regarding
the terms and conditions of the project under this chapter.
C. Issuance of conditional certificate. Following approval of the
contract, the administrator shall issue a conditional certificate of
acceptance of tax exemption. The conditional certificate shall expire three
years from the date of approval unless an extension is granted as provided
in this chapter.
D. Application denial. If an application is denied, the administrator shall
state in writing the reasons for denial and shall send notice to the applicant
at the applicant’s last known address within 10 calendar days of the denial.
Per RCW 84.14.070, an applicant may appeal a denial to the City Council
4.A.b
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within 30 calendar days of receipt of the denial by filing a complete appeal
application and council appeal fee with the City Clerk. The appeal before
the City Council will be based on the record made before the administrator.
The administrator’s decision will be upheld unless the applicant can show
that there is no substantial evidence on the record to support the
administrator’s decision. The City Council’s decision on appeal will be final.
E. Amendment of contract. An owner may request an amendment(s) to
the contract by submitting a request in writing to the administrator,
together with a fee of $500.00, at any time within three years of the date
of the approval of the contract. The date for expiration of the conditional
certificate shall not be extended by contract amendment unless all the
conditions for extension set forth in KCC 3.25.070 are met.
Sec. 3.25.090. Extension of conditional certificate.
A. The conditional certificate and time for completion of the project
may be extended by the administrator for a period not to exceed a total of
24 consecutive months. To obtain an extension, the applicant must submit
a written request, along with a processing fee of $50, stating the grounds
for the extension. An extension may be granted if the administrator
determines that:
1. The anticipated failure to complete construction or
rehabilitation within the required time period is due to circumstances
beyond the control of the owner;
2. The owner has been acting and could reasonably be expected
to continue to act in good faith and with due diligence; and
4.A.b
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3. All the conditions of the original contract between the
applicant and the City will be satisfied upon completion of the project.
B. If an extension is denied, the administrator shall state in writing the
reason for denial and shall send notice to the applicant’s last known
address within 10 calendar days of the denial. An applicant may appeal the
denial of an extension to the hearing examiner within 14 calendar days of
receipt of the denial by filing a complete appeal application and appeal of
administrative decision fee with the administrator. The appeal before the
hearing examiner shall be as provided in Chapter 12.01 KCC for a Process
I action. No appeal to the City Council is provided from the hearing
examiner’s decision.
Sec. 3.25.100. Application for final certificate. Upon
completion of the improvements agreed upon in the contract between the
applicant and the City and upon issuance of a temporary or permanent
certificate of occupancy, the applicant may request a final certificate of tax
exemption by filing with the administrator the following, in accordance with
RCW 84.14.090, along with a $1,000 fee:
A. A statement of expenditures made with respect to each multifamily
housing unit and the total expenditures made with respect to the entire
property;
B. A description of the completed work and a statement of qualification
for the exemption;
C. The total monthly rent or total sale amount of each multifamily
housing unit rented or sold to date;
4.A.b
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D. Any additional information requested by the City pursuant to
meeting any reporting requirements under Chapter 84.14 RCW; and
E. A statement that the work was completed within the required three-
year period or any authorized extension.
Sec. 3.25.110. Issuance of final certificate. Within 30 calendar
days of receipt of all materials required for a final certificate, the
administrator shall determine whether the specific improvements satisfy
the requirements of the contract, application, and this chapter.
A. Granting of final certificate. If the administrator determines that the
project has been completed in accordance with this chapter and the
contract between the applicant and the City, and has been completed
within the authorized time period, the City shall, within 10 calendar days of
the expiration of the 30-day review period above, file a final certificate of
tax exemption with the King County assessor.
B. Recording. The administrator is authorized to cause to be recorded,
at the owner’s expense, in the real property records of the King County
department of records and elections, the contract with the City, as
amended if applicable, and such other document(s) as will identify such
terms and conditions of eligibility for exemption under this chapter as the
administrator deems appropriate for recording.
C. Denial and appeal. The administrator shall notify the applicant in
writing that a final certificate will not be filed if the administrator
determines that:
1. The improvements were not completed within the authorized
time period;
4.A.b
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2. The improvements were not completed in accordance with the
contract between the applicant and the City; or
3. The owner’s property is otherwise not qualified under this
chapter.
An applicant may appeal a denial to the hearing examiner within 14
calendar days of issuance of the denial of a final certificate by filing a
complete appeal application and appeal of administrative decision fee with
the administrator. The appeal before the hearing examiner shall be as
provided in Chapter 12.01 KCC for a Process I action. No appeal to the City
Council is provided from the hearing examiner’s decision. The applicant
may appeal the hearing examiner’s decision to the King County superior
court, under RCW 34.05.510 through 34.05.598, if the appeal is filed
within 30 calendar days of receiving notice of that decision.
Sec. 3.25.120. Annual certification and report. Within 30
calendar days after the first anniversary of the date the City issued the
final certificate of tax exemption and each year thereafter for the duration
of the tax exemption period, the property owner shall file a notarized
declaration and annual report with the administrator indicating the
following:
A. A statement of occupancy and vacancy of the multifamily units
during the previous 12 months;
B. A certification that the property has not changed use and continues
to be in compliance with the contract with the City and this chapter;
4.A.b
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C. A description of any subsequent improvements or changes to the
property made after the City issued the final certificate of tax exemption;
D. The total monthly rent of each multifamily housing unit rented or
the total sale amount of each multifamily housing unit sold to an initial
purchaser during the 12 months ending with the anniversary date;
E. A breakdown of the number, type, and specific multifamily housing
units rented or sold during the 12 months ending with the anniversary
date; and
F. Any additional information requested by the City pursuant to
meeting any reporting requirements under Chapter 84.14 RCW.
City staff may also conduct onsite verification of the declaration and
reporting. Failure to submit the annual declaration and report shall result
in a review of the exemption per RCW 84.14.110.
Sec. 3.25.130. Cancellation of tax exemption.
A. If the administrator determines (1) the owner is not complying with
the terms of the contract or this chapter; (2) the use of the property is
changed or will be changed to a use that is other than residential; (3) the
project violates applicable zoning requirements, land use regulations,
building or fire code requirements; or (4) the property for any reason no
longer qualifies for the tax exemption, the tax exemption shall be canceled
and additional taxes, interest, and penalties imposed pursuant to state
law. This cancellation may occur in conjunction with the annual review or
at any other time when noncompliance has been determined. If the owner
intends to convert the multifamily housing to another use, the owner shall
notify the administrator and the King County assessor in writing within 60
4.A.b
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calendar days of the change in use. Upon such change in use, the tax
exemption shall be canceled and additional taxes, interest, and penalties
imposed pursuant to state law.
B. Notice and appeal. Upon determining that a tax exemption is to be
canceled, the administrator shall notify the owner by mail, return receipt
requested. The property owner may appeal the determination by filing a
notice of appeal and appeal of administrative decision fee with the City
Clerk within 30 calendar days, specifying the factual and legal basis for the
appeal. The hearing examiner will conduct a hearing under Chapter 12.01
KCC for a Process I action. An aggrieved party may appeal the hearing
examiner’s decision to the King County superior court under
RCW 34.05.510 through 34.05.598.
SECTION 2. – Residential Targeted Areas Established. Residential
targeted areas hereby established and include (a) the geographic area of
greater Downtown Kent bordered generally by Titus Street, the Green
River, Willis Street, South 240th/James Street, and Cloudy Street, and
only including zones that permit multifamily housing, and (b) the Midway
subarea as laid out in the Midway Subarea Plan, which geographic area is
bordered generally by Interstate 5 on the east, and the city limits on the
west and south. Exhibits A and B attached to this ordinance provide maps
of the greater Downtown Kent Residential Targeted Area and Midway
Residential Targeted Area, respectively. Pursuant to RCW 84.14.040, the
City Council finds that these areas do not have sufficient available,
desirable, affordable, and convenient residential housing, and if such
housing were available, the public would be likely to live in these areas.
The City Council further finds that the designation of these areas as
Residential Targeted Areas would encourage increased residential
4.A.b
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opportunities and stimulate construction of new multifamily housing that
will increase and improve residential housing opportunities in these areas.
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. – 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 5. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
4.A.b
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ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.A.b
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EXHIBIT A 4.A.b
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: HB1754 Concerning the Hosting of the Homeless
by Religious Organizations
SUMMARY: Staff will present information on HB1754 concerning the hosting of the
homeless by religious organizations.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
4.B
Packet Pg. 34
FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills.
SUMMARY:
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.C
Packet Pg. 35
FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Budget Update
SUMMARY: Paula Painter, Finance Director, will provide an update on the 2020
Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.D
Packet Pg. 36
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Parking Code Update
SUMMARY: From time to time it is necessary to update the parking restrictions in
the City Code. New developments and parking issues that are brought to our
attention are two primary reasons for updates. Staff is seeking the Committee’s
feedback on potential new parking restrictions.
Narrow Streets in Existing Neighborhoods
Four neighborhoods in the City have contacted us over concerns with parking on
narrow streets. The neighborhoods are the Ridge at Panther Lake, Plateau at
Panther Lake, Vila Real, and Midori Meadows. All four of these neighborhoods are in
the Panther Lake Annexation area. Several streets in these neighborhoods do not
meet the minimum width for parking on one side or both sides.
Requests from the Kent Police Department and Puget Sound Regional Fire
Department
Request for parking restrictions also come from the Kent Police Department and the
Puget Sound Regional Fire Authority for parking restrictions in locations that they
come across in the City. These locations are evaluated, and parking restrictions are
proposed where issues are identified.
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. Exhibit 1 - Proposed Neighborhood Parking Restrictions (PDF)
2. Exhibit 2 - Proposed Parking Restrictions Requested by the Kent Police
Department and Puget Sound Regional Fire Authority (PDF)
4.E
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Exhibit 1: Neighborhood Parking Restrictions
Ridge at Panther Lake
Plateau at Panther Lake
Villa Real
Midori Meadows
4.E.a
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Exhibit 2: KPD and PSRFA Requested Parking Restrictions
1
2
3
4
5
6
KPD and PSRFA Requested Parking Restrictions
1. SE 220th St, 102nd Pl SE to 103rd Pl SE, No parking, KPD &
PSRFA
2. 3rd Ave, 800 blk to S 259th St, No overnight parking, KPD
3. S 243rd St, 93rd Ct S to 94th Ave S, no parking on south side,
KPD and new development
93rd Ct S, S 243rd St to north end, no parking on west side,
KPD and new development
4. 25th Ave S, S 260th St to south end, no parking, KPD
5. 133rd Ave SE, SE 224th St to SE 224th Pl, no parking on west
side, KPD
6. S 228th St, 88th Ave S to west end, no parking, KPD
4.E.b
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: 2020 Construction Update
SUMMARY: Staff will provide an update on the progress of the 228th Grade
Separation Project and discuss potential traffic impacts due to the anticipated 76th
Avenue Road Raising Project and 4th & Willis Roundabout Project.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
4.F
Packet Pg. 40
PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Mill Creek Reestablishment Mitigation Property Purchase -
Authorize
MOTION: Authorize the Mayor to sign all documents necessary for the
purchase of three parcels of land (APNs 152204-9134, 152204-9137 and
222204-9029), located on Frager Road South from Andrew J., Ruth M., and
Timothy I. Matelich in an amount not to exceed $280,000., subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: The City of Kent has been working with the property owners to
purchase three parcels with a combined total of 488,760 square feet, located on
Frager Road South. The property owners approached the City to sell these parcels,
which are vacant and zoned for single-family residential development. The City will
be purchasing these parcels at fair market value as determined by the City’s
appraiser and confirmed by a review appraiser. This purchase will be used as
mitigation property for the Mill Creek Reestablishment Project.
The goals of the Mill Creek Reestablishment Project are to reduce flood risks,
improve water quality and enhance fish passage and in-stream/riparian habitats.
The purchase of these parcels will be used to provide mitigation for wetlands that
are proposed to be impacted in the Mill Creek Reestablishment project.
BUDGET IMPACT: $280,000 from the project budget, which is funded through the
Stormwater Utility Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Purchase Sale Agreement-Matelich Property (PDF)
4.G
Packet Pg. 41
Buyer’s Initials______ Seller’s Initials_____ Seller’s Initials_____
Real Estate Purchase and Sale Agreement Page 1 of 9
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This Agreement is entered between the CITY OF KENT, a Washington
municipal corporation (“Buyer”) or (“City”), whose mailing address is 220 4th Avenue
South, Kent, Washington 98032-5895, and ANDREW J. MATELICH, RUTH M.
MATELICH, AND TIMOTHY I. MATELICH, each as a separate estate (“Seller”),
whose mailing address is 24200 Buena Vista Dr., Black Diamond, WA 98010, for the
sale and purchase of real property as follows:
1. PROPERTY. The Property, which Buyer agrees to buy and Seller agrees
to sell, is known as King County Tax Parcel Number 222204-9029, approximately
446,054 square feet in size, King County Tax Parcel Number 152204-9134,
approximately 14,590 square feet in size, and King County Tax Parcel Number
152204-9137, approximately 28,116 square feet in size, and located at XXX Frager
Road S., Kent, WA (collectively the “Property”). The Property is legally described in
Exhibits “A-1” and “A-2.
2. EARNEST MONEY. Within 10 business days after the Date of Mutual
Acceptance, as defined in Section 21, Buyer shall deposit with Rainier Title Insurance
Company (the “Escrow Agent”), the sum of Five Thousand Dollars and NO/100ths
($5,000.00) in the form of a check, as refundable earnest money to be applied toward
the purchase price of the Property payable at Closing.
3. PURCHASE PRICE. The total purchase price for the Property is Two
Hundred, Eighty Thousand Dollars and NO/100ths ($280,000.00), which amount
includes the Earnest Money, payable on Closing.
4. CONTINGENCIES. This Agreement is contingent upon:
a. The Buyer authorization set forth in Section 18 of this Agreement and
the other contingencies provided for throughout this Agreement.
4.G.a
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b. No later than 10 business days after the Date of Mutual Acceptance,
Seller shall deliver to Buyer, in a manner consistent with Section 17, a completed
Real Property Transfer Disclosure Statement (“Disclosure Statement”) in the form
attached as Exhibit “B”. If Seller fails to deliver the Disclosure Statement by the
required deadline, then unless Buyer waives this contingency in writing, the
Agreement shall terminate and neither Buyer nor Seller shall have any further rights,
duties or obligations hereunder, except that the earnest money in escrow shall be
immediately returned to Buyer.
c. Within 5 business days of Buyer’s receipt of the Disclosure Statement,
Buyer shall, in its sole and absolute discretion, either approve and accept the
Disclosure Statement or rescind this Agreement by delivering to Seller a written
rescission notice. If Buyer neither accepts nor delivers a written rescission notice,
then Buyer will be deemed to have approved and accepted the Disclosure Statement.
If Buyer delivers a written rescission notice, then this Agreement shall terminate and
neither Buyer nor Seller shall have any further rights, duties or obligations hereunder,
except that the earnest money in escrow shall be immediately returned to Buyer.
d. Prior to Closing, Seller shall remove all tires and debris from the
Property, and shall ensure that the Property is free of debris on the date of Closing.
i. Buyer shall withhold fifteen thousand dollars ($15,000.00) from
the Purchase Price until all tires and debris are removed from the Property.
ii. Buyer and its employees and agents shall have the right and
permission from the date of this Agreement through the Closing date (or earlier
termination of this Agreement) to enter upon the Property at reasonable times
and from time to time for the purpose of inspecting the Property to ensure it
is free of tires and other debris. A final inspection will be conducted within 45
days of Closing. If the items have been removed, the Seller and Buyer shall
provide written acknowledgment to the escrow agent, who may then disburse
the $15,000.00 to Seller. This written acknowledgment is attached as Exhibit
“D”.
iii. Seller shall defend, indemnify and hold Buyer, its officers,
officials, employees, agents and volunteers harmless from any and all claims,
injuries, damages, losses or suits, including all legal costs and attorney fees,
4.G.a
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arising out of or in connection with removal activities pursuant to this Section
4(d). The foregoing includes, without limitation, injury or damage to the
person or property of Seller or any third party. The provisions of this section
shall survive the expiration or termination of this Agreement.
e. This Agreement is also contingent upon insurability of title as addressed
in Section 6.
Should any of the contingencies provided for above or throughout this
Agreement, except for the provisions of Section 4(d)(ii), not be met prior to Closing,
then this Agreement shall terminate and neither Buyer nor Seller shall have any
further rights, duties or obligations hereunder, except that the earnest money in
escrow shall be immediately returned to Buyer. If the requirements of Section
4(d)(ii) are not met as set forth in Section 4(d)(ii), within 45 days of Closing, Buyer
may, at its sole discretion, elect to permanently retain $15,000.00 from the Purchase
Price and undertake the removal of the items identified in Section 4(d), provided that
Buyer shall first give Seller written notice of its intent to do so. Buyer’s notice of
election to retain the $15,000.00 due to Seller’s failure to satisfy the requirements of
Section 4(d) shall also be provided to the escrow agent and will, thereby, authorize
the escrow agent to disburse such funds back to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the Property
shall be conveyed by Seller to Buyer at Closing by Statutory Warranty Deed, free and
clear of all liens, encumbrances or defects except those described in Schedule B, Part
II, Special Exceptions paragraphs 8 through 10 of Rainier Title Report Number
749372RT, attached as Exhibit “C-1”; and Schedule B, Part II, Special Exceptions
paragraphs 8 through 10 of Rainier Title Report Number 750150RT, attached as
Exhibit “C-2”. All other special exceptions therein are to be removed from the
Property on or before Closing. General exclusions and exceptions common to the
area and not materially affecting the value of or unduly interfering with Buyer’s
reasonable use of the Property shall be permitted. All monetary encumbrances and
special exceptions listed in Exhibit “C-1” and “C-2”, other than those specifically
noted above, are to be removed from the Property on or before Closing.
4.G.a
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6. TITLE INSURANCE. At Closing, Buyer shall cause Rainier Title, who is
also serving as Escrow Agent, to issue standard coverage owner's policy of title
insurance to Buyer in an amount equal to the total purchase price of the Property.
For purposes of this Agreement, the following shall not be deemed encumbrances or
defects: rights reserved in federal patents or state deeds, building or use restrictions
consistent with current zoning and utility and road easements of record. If title
cannot be made so insurable prior to Closing, unless Buyer elects to waive such
defects or encumbrances, this Agreement shall terminate, and the Earnest Money
shall be returned to Buyer.
7. CLOSING COSTS AND PRO-RATIONS. The escrow fee, and excise
tax, if applicable, shall be paid by Seller, except for those fees which are expressly
limited by Federal Regulation. Buyer shall pay all recording costs, title insurance
premium, the costs of any survey, and the fees and expenses of its consultants.
Taxes for the current year, rents, interest, water, sewer and other utility charges, if
any, shall be paid by Seller, and prorated as of the day of Closing, unless otherwise
agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS
OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed by 5:00 PM on
__________, 2020, which shall also be the termination date of this Agreement,
unless this Closing date is extended in writing by mutual agreement of the parties.
In addition to the Mayor, the Public Works Director for the City is also authorized to
extend closing on behalf of the City. When notified, the Buyer and Seller will deposit,
without delay, in escrow with Escrow Agent, all instruments and monies required to
complete the transaction in accordance with this Agreement. Closing, for the
purpose of this Agreement, is defined as the date that all documents are executed
and the sale proceeds are available for disbursement to the Seller.
9. CASUALTY LOSS. If, prior to Closing, improvements on the Property
shall be destroyed or materially damaged by fire or other casualty, this Agreement,
at option of the Buyer, shall become null and void.
4.G.a
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10. POSSESSION. Buyer shall be entitled to possession on Closing.
11. SELLER’S REPRESENTATIONS. Seller represents:
a. that Seller will maintain the Property in present or better condition until
time of agreed possession and meet the obligations of Section 4(d);
b. that Seller has no knowledge of notice from any governmental agency
of any violation of laws relating to the Property except:
c. that Seller is in possession of the Property and the Property is not
subject to any lease or rental agreements.
12. SELLER’S ENVIRONMENTAL REPRESENTATIONS. Excepting the
conditions reported in the Phase I and Phase II Environmental Assessment Report
completed by the Buyer, Seller represents that, to the best of Seller’s knowledge,
Seller is not aware of the existence of, or has caused or allowed to be caused, any
environmental condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to Closing or any act of omission
occurring prior to Closing, the result of which may require remedial action pursuant
to any federal, state or local law or may be the basis for the assertion of any third
party claims, including claims of governmental entities. This provision shall survive
Closing and be in addition to Seller’s obligation for breach of a representation or
warranty as may be set forth herein.
13. SELLER’S INDEMNITIES: Seller agrees to defend, indemnify, and
hold harmless the Buyer, against and in respect of, any and all damages, claims,
losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses
and costs, including, without limitation, reasonable legal, accounting, consulting,
engineering and other expenses which may be imposed upon or incurred by Buyer,
or asserted against Buyer, by any other party or parties (including, without limitation,
a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to Closing, including the exposure of any person
4.G.a
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to any such environmental condition, regardless of whether such environmental
condition or exposure resulted from activities of Seller or Seller’s predecessors in
interest. This indemnity shall survive Closing and be in addition to Seller’s obligation
for breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY’S FEES.
a. Buyer’s Default. If Buyer defaults hereunder, Seller’s sole remedy shall
be limited to damages against Buyer in the liquidated amount of the earnest money
previously paid by the Buyer. Buyer and Seller intend that this amount constitutes
liquidated damages and so as to avoid other costs and expenses to either party in
connection with potential litigation on account of Buyer’s default. Buyer and Seller
believe this amount to be a fair estimate of actual damages.
b. Seller’s Default. If Seller defaults hereunder, Buyer shall have all the
rights and remedies available at law or in equity.
c. Attorney’s Fees and Costs. In the event of litigation to enforce any of
the terms or provisions herein, each party shall pay all its own costs and attorney’s
fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement
for the purchase and sale of real estate. Buyer makes no warranty or representation
of any kind that this form, or any of its provisions, is intended to meet the factual
and legal requirements of a particular transaction, or that it accurately reflects the
laws of the State of Washington at the time Seller enters into the Agreement. THIS
AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES. SELLER IS
ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING
THESE CONSEQUENCES.
16. NON-MERGER. The terms, conditions, and provisions of this
Agreement shall not be deemed merged into the deed, and shall survive the Closing
and continue in full force and effect.
4.G.a
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17. NOTICES. All notices required or permitted to be given hereunder shall
be in writing and shall be sent U.S. certified mail, return receipt requested, or by
facsimile transmission addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
City of Kent
Attn: Cheryl Rolcik-Wilcox
Property & Acquisition Analyst
220 Fourth Avenue South
Kent, WA 98032
CRolcik-Wilcox@KentWA.gov
Fax: 253-856-6500
And to:
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
CityClerk@KentWA.gov
Fax: 253-856-6725
(b) All notices to be given to Seller shall be addressed as follows:
Timothy I. Matelich
24200 Buena Vista Dr.
Black Diamond, WA 98010
(c) All notices to be given to Escrow Agent shall be addressed as follows:
Jennie Graddon
Rainier Title Insurance Company
20435 72nd Ave. S., #155
Kent, WA 98032
JennieG@RainierTitle.com
213-216-0240
Either party may, by written notice to the other, designate such other address for the
giving of notices as necessary. All notices shall be deemed given on the day such
notice is personally served, or on the date of the facsimile transmission, or on the
third day following the day such notice is mailed in accordance with this section.
4.G.a
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18. CITY COUNCIL ACTION REQUIRED. Seller acknowledges that the
closing of the transaction contemplated by this Agreement (the “Closing”) is
expressly conditioned on the City of Kent City Council’s (the “City Council’s”) prior
authorization to buy the Property under this Agreement (“Council Authorization”),
which may or may not be granted in the City Council’s sole discretion. The City shall
not be liable or obligated for any burden or loss, financial or otherwise, incurred by
Seller as a result of the City Council’s modification of the final terms and conditions
of this Agreement, or the City Council’s failure to grant the Council Authorization.
a. Seller’s Waiver. Seller expressly waives any claim against the
City of Kent and its elected officials, officers, employees, representative and agents
for any burden, expense or loss which Seller incurs as a result of the City Council’s
failure to grant the Council Authorization.
19. ENTIRE AGREEMENT. This Agreement, including all incorporated
exhibits, constitutes the full understanding between Seller and Buyer. There have
been no verbal or other agreements that modify this Agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the
terms, conditions and provisions of this Agreement shall survive the Closing of this
transaction.
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the Date of Mutual Acceptance of this Agreement shall be the last date on which the
parties to this Agreement have executed this Agreement.
22. FORCE MAJEURE. Performance by Seller or Buyer of their obligations
under this Agreement shall be extended by the period of delay caused by force
majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor
disturbance, order of any government, court or regulatory body having jurisdiction,
or any similar cause beyond the reasonable control of the party who is obligated to
render performance.
4.G.a
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23. COUNTERPARTS. This Agreement may be executed in one or more
counterparts.
24. EXPIRATION OF OFFER. Seller shall have only until 5:00 pm on April
30, 2020, to accept the Agreement as written, by delivering a signed copy thereof to
the Buyer or Buyer’s agent. If Seller does not so deliver a signed copy by this date,
this Agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date set forth below.
BUYER:
CITY OF KENT
Name: Dana Ralph
Title: Mayor
Dated:
SELLER:
Name: Andrew J. Matelich
Dated:
Name: Ruth M. Matelich
Dated:
Name: Timothy I. Matelich
Dated:
4.G.a
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EXHIBIT A-1
PARCEL NO. 222204-9029
That portion of Sections 14, 15, 22 and 23, Township 22 North, Range 4 East, W.M. in King
County, Washington, lying East of the Kent-Des Moines Highway and West of the County
Road, more particularly described as follows:
Beginning at the Northeast corner of Section 22, Township 22 North, Range 4 East, W.M. in
King County, Washington;
Thence North 89° 30' East along the North line of said Section 22, produced, 14.72 feet to
the center of County Road No. 76 "Frager Road" which point is hereby designated as the
True Point of Beginning;
Thence North 12° 21' 45" East 59.02 feet along the centerline of said County Road No. 76;
Thence North 14° 55' 30" West 66.77 feet along the centerline of said County Road;
Thence North 52° 09' 00" West 300.76 feet along the centerline of said County Road to its
intersection with the East line of the Enos Cooper Donation Claim;
Thence South 12° 01' 30" West 47.81 feet along the East line of said Donation Claim to the
Southeast corner of said Donation Claim;
Thence North 89° 47' 48" West 1551.02 feet along the South line of said Donation Claim to
its intersection with the centerline of the Kent-Des Moines Highway as established by
Volume 26 of Commissioners' Records, page 493 and Volume 27 of Commissioners'
Records, page 4, which intersection is on a highway curve to the right having a radius of
881.47 feet;
Thence Southeasterly along the centerline of the said Kent -Des Moines Highway, a distance
of 130.29 feet to its intersection with the North line of the Marshal W. Leet property as
described in Deed recorded under Recording Numbers 3289068 and 3350584;
Thence South 89° 47' 48" East 501.99 feet along said North line to the Northeast corner of
said Leet property;
Thence South 2° 38' 04" East 287.55 feet along the East line of said Leet property to the
Northwest corner of the A.M. Webb property, as conveyed by Deed recorded July 8, 1947
under Recording Number 3702926;
Thence Easterly parallel to the South line of th e Northeast quarter of said Section 22,
1170.47 feet, more or less, to the centerline of said County Road No. 76;
Thence in a Northeasterly direction along the centerline of said County Road to the Point of
Beginning;
Except that portion thereof lying within said County Road No. 76 and Kent-Des Moines
Highway;
And except that portion lying Westerly of the Easterly margin of State Road No. 516 as
condemned by the State of Washington in King County Superior Court Cause No.741401;
And except that portion thereof described as follows:
That portion of Government Lot 11, Section 15, Township 22 North, Range 4 East, W.M. in
King County, Washington, described as follows:
4.G.a
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Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60 foot right
of way and the South line of E. Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Number 3289068;
Thence South 89° 19' 47" East 265 feet;
Thence North 01° 02' 04" West to the South line of E. Cooper Donation Claim;
Thence North 87° 49' 52" West 249 feet to the point of beginning;
Less State Highway;
And except that portion thereof described as follows:
Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60 foot right
of way and the South line of E. Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Numbers 3289068 and 3350484;
Thence South 89° 19' 47" East 265 feet to the Point of Beginning;
Thence continuing South 89° 19' 47" East 236.99 feet, more or less, to the Northeast corner
of said tract of land;
Thence North 01° 02' 04" West on the Northerly extension of the East line of said tract of
land 120 feet, more or less, to the South line of said Donation Claim;
Thence North 87° 49' 52" West along said South line 237.26 feet;
Thence South 01° 02' 04" East 124 feet, more or less, to the point of beginning;
Situate in the County of King, State of Washington.
4.G.a
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EXHIBIT A-2
PARCEL NOS. 152204-9134 AND 152204-9137
Parcel A:
That portion of Government Lot 11, Section 15, Township 22 North, Range 4 East, W.M.,
records of King County, Washington, described as follows:
Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60-foot right
of way and the South line of E Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Number 3289068 and 3350484;
Thence South 89°19'47" East 265 feet;
Thence North 01°02'04" West to the South line of E. Cooper Donation Claim
Thence North 87°49'52" West 249 feel to the point of beginning;
Except State Highway.
Parcel B:
That portion of Government Lot 11, Section 15, Township 22 North, Range 4 East, W.M.,
records of King County, Washington, described as follows:
Beginning at the intersection of the centerline of the Kent -Des Moines Highway 60-foot right
of way and the South line of E Cooper Donation Claim;
Thence Southerly along said centerline 130.29 feet to the intersection of the Northerly line
extended West of a tract of land heretofore conveyed by instrument recorded under
Recording Number 3289068 and 3350484;
Thence South 89°19'47" East 265 feet to the point of beginning;
Thence continuing South 89°19'47" East 236.99 feet more or less to the Northeast corner of
said tract of land;
Thence North 01°02'04" West on the Northerly extension of the East line of said tract of
land 120 feet more or less to the South line of said Donation Claim;
Thence North 87°49'52" West along said South line 237.26 feet,
Thence South 01°02'04" East 124 feet more or less to the true point of beginning.
Situate in the County of King, State of Washington
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 1 of 9
Unimproved Ver. Effective 4-6-20
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question clearly
does not apply to the property write "NA." If the answer is "yes" to any * items, please explain
on attached sheets. Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each page of this disclosure
statement and each attachment. Delivery of the disclosure statement must occur not later
than five business days, unless otherwise agreed, after mutual acceptance of a written
contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF THE
PROPERTY LOCATED AT XXX Frager Road S., Kent, WA, King County Tax Parcel Nos.
222204-9029, 152204-9134, and 152204-9137 ("THE PROPERTY"), OR AS LEGALLY
DESCRIBED ON ATTACHED EXHIBIT A.
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY
AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER
OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER
OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE
AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION
TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR
AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS
OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE
ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER
AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS
PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED
EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION,
ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS,
BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL
PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION,
DEFECTS OR WARRANTIES.
Seller is/ is not occupying the property.
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 2 of 9
Unimproved Ver. Effective 4-6-20
I. SELLER'S DISCLOSURES:
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach
documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet.
1. TITLE
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Do you have legal authority to sell the property? If no, please explain.
[ ]
Yes
[ ]
No
[ ] Don't
know
*B. Is title to the property subject to any of the following?
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Are there any encroachments, boundary agreements, or boundary
disputes?
[ ]
Yes
[ ]
No
[ ] Don't
know
*D. Is there a private road or easement agreement for access to the
property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Are there any rights-of-way, easements, or access limitations that affect
the Buyer's use of the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*F. Are there any written agreements for joint maintenance of an easement
or right-of-way?
[ ]
Yes
[ ]
No
[ ] Don't
know
*G. Is there any study, survey project, or notice that would adversely affect
the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*H. Are there any pending or existing assessments against the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*I. Are there any zoning violations, nonconforming uses, or any unusual
restrictions on the property that affect future construction or remodeling?
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 3 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
*J. Is there a boundary survey for the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*K. Are there any covenants, conditions, or restrictions recorded against title
to the property?
2. WATER
A. Household Water
[ ]
Yes
[ ]
No
[ ] Don't
know
(1) Does the property have potable water supply?
(2) If yes, the source of water for the property is:
[ ] Private or publicly owned water system
[ ] Private well serving only the property
*[ ] Other water system
[ ]
Yes
[ ]
No
[ ] Don't
know
*If shared, are there any written agreements?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(3) Is there an easement (recorded or unrecorded) for access to and/or
maintenance of the water source?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(4) Are there any problems or repairs needed?
[ ]
Yes
[ ]
No
[ ] Don't
know
(5) Is there a connection or hook-up charge payable before the property can
be connected to the water main?
[ ]
Yes
[ ]
No
[ ] Don't
know
(6) Have you obtained a certificate of water availability from the water
purveyor serving the property? (If yes, please attach a copy.)
[ ]
Yes
[ ]
No
[ ] Don't
know
(7) Is there a water right permit, certificate, or claim associated with
household water supply for the property? (If yes, please attach a copy.)
[ ]
Yes
[ ]
No
[ ] Don't
know
(a) If yes, has the water right permit, certificate, or claim been assigned,
transferred, or changed?
*(b) If yes, has all or any portion of the water right not been used for five or
more successive years?
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 4 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
(c) If no or don't know, is the water withdrawn from the water source less
than 5,000 gallons a day?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(8) Are there any defects in the operation of the water system (e.g., pipes,
tank, pump, etc.)?
B. Irrigation Water
[ ]
Yes
[ ]
No
[ ] Don't
know
(1) Are there any irrigation water rights for the property, such as a water
right permit, certificate, or claim? (If yes, please attach a copy.)
[ ]
Yes
[ ]
No
[ ] Don't
know
(a) If yes, has all or any portion of the water right not been used for five or
more successive years?
[ ]
Yes
[ ]
No
[ ] Don't
know
(b) If yes, has the water right permit, certificate, or claim been assigned,
transferred, or changed?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(2) Does the property receive irrigation water from a ditch company,
irrigation district, or other entity? If so, please identify the entity that
supplies irrigation water to the property:
C. Outdoor Sprinkler System
[ ]
Yes
[ ]
No
[ ] Don't
know
(1) Is there an outdoor sprinkler system for the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(2) If yes, are there any defects in the system?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(3) If yes, is the sprinkler system connected to irrigation water?
3. SEWER/SEPTIC SYSTEM
A. The property is served by:
[ ] Public sewer system
[ ] On-site sewage system (including pipes, tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please describe:
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 5 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
B. Is the property subject to any sewage system fees or charges in addition
to those covered in your regularly billed sewer or on -site sewage system
maintenance service?
C. If the property is connected to an on-site sewage system:
[ ]
Yes
[ ]
No
[ ] Don't
know
*(1) Was a permit issued for its construction?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(2) Was it approved by the local health department or district following its
construction?
[ ]
Yes
[ ]
No
[ ] Don't
know
(3) Is the septic system a pressurized system?
[ ]
Yes
[ ]
No
[ ] Don't
know
(4) Is the septic system a gravity system?
[ ]
Yes
[ ]
No
[ ] Don't
know
*(5) Have there been any changes or repairs to the on-site sewage system?
[ ]
Yes
[ ]
No
[ ] Don't
know
(6) Is the on-site sewage system, including the drainfield, located entirely
within the boundaries of the property? If no, please explain:
[ ]
Yes
[ ]
No
[ ] Don't
know
*(7) Does the on-site sewage system require monitoring and maintenance
services more frequently than once a year?
4. ELECTRICAL/GAS
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Is the property served by natural gas?
[ ]
Yes
[ ]
No
[ ] Don't
know
B. Is there a connection charge for gas?
[ ]
Yes
[ ]
No
[ ] Don't
know
C. Is the property served by electricity?
[ ]
Yes
[ ]
No
[ ] Don't
know
D. Is there a connection charge for electricity?
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Are there any electrical problems on the property?
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 6 of 9
Unimproved Ver. Effective 4-6-20
5. FLOODING
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Is the property located in a government designated flood zone or
floodplain?
6. SOIL STABILITY
[ ]
Yes
[ ]
No
[ ] Don't
know
*A. Are there any settlement, earth movement, slides, or similar soil
problems on the property?
7. ENVIRONMENTAL
[ ]
Yes
[ ]
No
[ ] Don't
know
*A. Have there been any flooding, standing water, or drainage problems on
the property that affect the property or access to the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*B. Does any part of the property contain fill dirt, waste, or other fill
material?
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Is there any material damage to the property from fire, wind, floods,
beach movements, earthquake, expansive soils, or landslides?
[ ]
Yes
[ ]
No
[ ] Don't
know
D. Are there any shorelines, wetlands, floodplains, or critical areas on the
property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Are there any substances, materials, or products in or on the property
that may be environmental concerns, such as asbestos, formaldehyde, radon
gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or
water?
[ ]
Yes
[ ]
No
[ ] Don't
know
*F. Has the property been used for commercial or industrial purposes?
[ ]
Yes
[ ]
No
[ ] Don't
know
*G. Is there any soil or groundwater contamination?
[ ]
Yes
[ ]
No
[ ] Don't
know
*H. Are there transmission poles or other electrical utility equipment
installed, maintained, or buried on the property that do not provide utility
service to the structures on the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*I. Has the property been used as a legal or illegal dumping site?
[ ]
Yes
[ ]
No
[ ] Don't
know
*J. Has the property been used as an illegal drug manufacturing site?
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 7 of 9
Unimproved Ver. Effective 4-6-20
[ ]
Yes
[ ]
No
[ ] Don't
know
*K. Are there any radio towers that cause interference with cellular
telephone reception?
8. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS
[ ]
Yes
[ ]
No
[ ] Don't
know
A. Is there a homeowners' association? Name of association and contact
information for an officer, director, employee, or other authorized agent, if
any, who may provide the association's financial statements, minutes,
bylaws, fining policy, and other information that is not publicly available:
[ ]
Yes
[ ]
No
[ ] Don't
know
B. Are there regular periodic assessments:
$ . . . per [ ] Month [ ] Year
[ ] Other . . . .
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Are there any pending special assessments?
[ ]
Yes
[ ]
No
[ ] Don't
know
*D. Are there any shared "common areas" or any joint maintenance
agreements (facilities such as walls, fences, landscaping, pools, tennis
courts, walkways, or other areas co-owned in undivided interest with
others)?
9. OTHER FACTS
[ ]
Yes
[ ]
No
[ ] Don't
know
*A. Are there any disagreements, disputes, encroachments, or legal actions
concerning the property?
[ ]
Yes
[ ]
No
[ ] Don't
know
*B. Does the property have any plants or wildlife that are designated as
species of concern, or listed as threatened or endangered by the
government?
[ ]
Yes
[ ]
No
[ ] Don't
know
*C. Is the property classified or designated as forestland or open space?
[ ]
Yes
[ ]
No
[ ] Don't
know
D. Do you have a forest management plan? If yes, attach.
[ ]
Yes
[ ]
No
[ ] Don't
know
*E. Have any development-related permit applications been submitted to any
government agencies?
4.G.a
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 8 of 9
Unimproved Ver. Effective 4-6-20
If the answer to E is "yes," what is the status or outcome of those
applications?
[ ]
Yes
[ ]
No
[ ] Don't
know
F. Is the property located within a city, county, or district or within a
department of natural resources fire protection zone that provides fire
protection services?
10. FULL DISCLOSURE BY SELLERS
A. Other conditions or defects:
[ ]
Yes
[ ]
No
[ ] Don't
know
*Are there any other existing material defects affecting the property that a
prospective buyer should know about?
B. Verification:
The foregoing answers and attached explanations (if any) are complete and
correct to the best of my/our knowledge and I/we have received a copy
hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a
copy of this disclosure statement to other real estate licensees and all
prospective buyers of the property.
DATE SELLER SELLER
NOTICE TO BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW
ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO
OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED
SEX OFFENDERS.
II. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any
material defects that are known to Buyer or can be known to Buyer by utilizing diligent
attention and observation.
B. The disclosures set forth in this statement and in any amendments to this statement
are made only by the Seller and not by any real estate licensee or other party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are
not liable for inaccurate information provided by Seller, except to the extent that real
estate licensees know of such inaccurate information.
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EXHIBIT B
DATE: SELLER: SELLER:
Seller’s Disclosure Statement - Page 9 of 9
Unimproved Ver. Effective 4-6-20
D. This information is for disclosure only and is not intended to be a part of the written
agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this
disclosure statement below) has received a copy of this Disclosure Statement
(including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER
BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER
COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE
AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT
BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER
OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE
TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND
ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY,
AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY.
DATE: BUYER: BUYER:
BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT
Buyer has been advised of Buyer’s right to receive a completed Seller Disclosure Statement.
Buyer waives that right. However, if the answer to any of the questions in the section
entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the
“Environmental” section of the Seller Disclosure Statement.
DATE: BUYER: BUYER:
4.G.a
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R/AINIERTITLE
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY RAINIER TITLE AGENT FOR
COMMONWEALTH LAND TITLE INSURANCE COMPANY
File No.:750150RT
Special Exceptions:
1
2.
Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter 82.45,
and subsequent amendments thereto.
The property described herein is situated within the boundaries of local taxing authority of the City
of Kent. As of the effective date herein, the real estate excise tax rate is 1.78%.
General taxes and charges: 1st half delinquent May 1 , if not paid; 2nd half delinquent November
1, if not paid.
Year: 2019
Amount billed: $23.83
Amount paid: $0.00
Amount unpaid: $23.83
Tax Account No.: 152204-9134-03
3
$0.00
Affects: ParcelA
General taxes and charges: 1st half delinquent May 1 , if not paid; 2nd half delinquent November
1, if not paid.Year: 2019
Amount billed: $66.72
Amount paid: $0.00
Amount unpaid: $66.72
Tax Account No.: 152204-9137-00
Levy code:
Assessed value of land:
Assessed value
of improvements:
Levy code:
Assessed value of land
Assessed value
of improvements:
1457
$1,000.00
1457
$5,000.00
$0.00
Affects: Parcel B
Based on the Treasurer's records, the name and address of the last taxpayer/owner is:
Ruth Matelich
24200 Buena Vista Dr.
Black Diamond, WA 98010
4. The legal description submitted has been modified to comply with the public records and to reflect
the parties presumed intent. Closing instructions must indicate that the legal description has been
reviewed and approved by all parties to this transaction.
This page is onty a paft of a ZOt A Atfn@ Commitment for Title lnsurance. This Commitment is not vatid without the Notice; the Commitmenf lo /ssue Poticy; the Commitment
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Part ll- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited
Reprinted under license from the American Land Title Association.
Paqe 9 of 16
AMIRICAN
TAND TIfLE
€
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5.
6.
We find no pertinent matters of record against the name(s) of the vested owners.
We find no conveyances within the last 36 months.
NOTE: The Recording No. of the Deed underwhich title is held is:20060207000639,
20060207000640 and 20070419002338.
The names of the proposed insured were not furnished in the application for title insurance, and
when disclosed, the commitment will be subject to such matters as may be found by a search of
the records against said names.
The Company reserves the right to add additional items or make further requirements after review
of the requested documentation.
7
B
I
Matters set forth by survey
Recorded:
Recording No.:
Matters set forth by survey
Recorded:
Recording No.:
10. Matters set forth by survey
Recorded:
Recording No.:
March 19, 1997
97031 99001
April 1, 1997
9744U9002
April 16, 2007
2007041690001 1
End of Special Exceptions
This page is only a part of a zot a atfa@ Commitment for Titte lnsurance. This Commitment is not vatid without the Notice; the Commitment to Issue Poticy; the Comnitment
Conditions; Schedule A; Schedule B, Paft l-Requirements; and Schedule B, Part ll- Exceptions; and a counter-signature by the Company or its issuing agent that may be
in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Paqe 10 of 16
-
AMTRICAN
LAND TITTEs
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Partnering and City Services Agreement and Task Order 1
Between Sound Transit and the City of Kent for the Operation
and Maintenance Facility - Authorize
MOTION: Authorize the Mayor to sign the Partnering and City Services
Agreement and Task Order 1 between the City of Kent and Sound Transit
for the Federal Way Link Extension - Operations and Maintenance Facility
South, subject to final terms and conditions acceptable to the City Attorney
and Public Works Director.
SUMMARY: For the past several years City staff have been working closely with
Sound Transit staff on the Federal Way Link Extension light rail project.
To support the Federal Way Link Extension Project and the future Tacoma Dome
Link Extension Project, Sound Transit will be constructing an Operations and
Maintenance Facility South (OMFS). Currently three sites are being studied as part
of the Draft Environmental Impact Statement. Two of these sites are located in
Federal Way and one site is located in Kent at the Midway Landfill.
The Partnering and City Services Agreement lays out the roles and responsibilities
between the City and Sound Transit with respect to the OMFS. It also establishes a
task order process for Sound Transit to pay the City for providing various project
support services.
Task Order 1 provides for the reimbursement from Sound Transit to the City of up
to $251,486 for review of environmental documentation, conceptual design review,
establishing a preliminary permitting plan and participation in public outreach
efforts.
BUDGET IMPACT: This Agreement and Task Order provides for reimbursement for
up to $251,486.
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.
4.H
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ATTACHMENTS:
1. GA 0306-19 Kent Partnering and City Services Agreement for Operation and
Maintenance Facility South (PDF)
2. GA 0306-19 Task Order 1 - OMF_Kent (PDF)
4.H
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GA 0306 -19 Partnering and Services Agreement City of Kent 1
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT
GA 0306-19
This Partnering and City Services Agreement (“Agreement”) is entered into between the City of Kent
(the “City”), a Washington municipal corporation, and Sound Transit, a regional transit authority of the
State of Washington for the purposes set forth below. Sound Transit and the City are collectively
referred to hereafter as “the Parties” or individually as a “Party”.
RECITALS
A. The City is a non-charter municipal code city incorporated under the laws of the State of
Washington, with authority to enact laws and enter into agreements to promote the health, safety,
and welfare of its citizens and for other lawful purposes.
B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW
with all powers necessary to implement a high capacity transit system within its boundaries in King,
Pierce, and Snohomish Counties.
C. The Sound Transit 3 (ST3) high capacity transit system expansion approved by the voters in
November 2016 includes a wide variety of projects, including a new Light Rail Operations and
Maintenance Facility (OMF), to be implemented over the next 25 years. Implementing ST3
consistent with the scope, budget, and schedule approved by the voters will require coordination
and collaboration by Sound Transit and by its federal, state, and local partners.
D. The City is responsible for administering state and local land use laws and development regulations
that will apply to Sound Transit projects located within the City jurisdiction. The City is also
responsible for managing streets and municipal utilities within its jurisdiction and for providing
municipal services such as public safety.
E. The Sound Transit Long Range Transit Plan identifies the City as one of the potential locations for the
Operation and Maintenance Facility – South Project (the OMFS Project). The OMFS Project will
support Sound Transit’s Link light rail system expansion and the related increase in its light rail
vehicle fleet and daily operations as identified in ST3. The Project’s Purpose and Need statement
notes that the OMF South must:
1. Provide a facility with the capacity to store, maintain, and deploy vehicles associated with
system-wide light rail system expansion. Support efficient and reliable light rail service that
minimizes system operating costs.
2. Support and connect efficiently to the regional system and be technically and financially feasible
to build, operate, and maintain, consistent with Sound Transit’s ST3 Plan and its Regional Transit
Long-Range Plan.
3. Preserve and promote a healthy and sustainable environment by minimizing adverse impacts to
people and the natural and built environments.
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GA 0306 -19 Partnering and Services Agreement City of Kent 2
F. Sound Transit is currently conducting environmental review for siting the OMFS Project in
accordance with the State Environmental Policy Act (SEPA). After consideration of the OMFS Draft
Environmental Impact Statement (DEIS), the Sound Transit Board will select a Preferred Alternative
site, which is currently anticipated to occur in the fourth quarter of 2020. Environmental review
under the National Environmental Policy Act (NEPA) will initiate following that decision. It’s
anticipated that the Sound Transit Board will select the location and project to be built in the fourth
quarter of 2021, after consideration of the completed SEPA and NEPA documents.
AGREEMENT
1. Purpose
The intent of this Agreement is to establish a common understanding of roles, responsibilities, and
schedule and budget imperatives for the timely delivery of the OMFS Project throughout its phases and
to establish a task order process for Sound Transit to pay the City for the costs of providing various
project support services.
2. ST3 Plan Representative Project & OMFS Project Status
2.1. The ST3 Plan included representative projects developed for the purpose of establishing scope
and cost estimates.
2.2. In April of 2019, the OMFS Project completed its Environmental Impact Statement (EIS) scoping
process. In May of 2019, the Sound Transit Board identified three of six site alternatives that
would be studied in the Draft EIS. One of the site alternatives for study in the Draft EIS is in the
City of Kent. In the summer of 2019, the OMFS Project began environmental review work on
the Draft EIS.
2.3. Sound Transit’s OMFS Project may include facilities to be constructed within the City’s
jurisdiction. Leading up to the Sound Transit Board selection of a preferred alternative,
interaction between the parties will be required to coordinate, review design, review applicable
code, share technical information and available survey data in support of project development.
2.4. If the Sound Transit Board selects a preferred alternative within the City’s jurisdiction, city
services and support leading up to the Sound Transit Board selection of a project to be built will
be required and will be scoped in a future task order under this Agreement, including City
support in preparation, review, and approval of agreements, preparation of construction plans,
and to secure property rights, permits, and approvals from the City for the construction of
Sound Transit’s facilities.
2.5. If the Sound Transit Board selects the OMFS Project to be built within the City’s jurisdiction, this
Agreement would be the first of multiple agreements and concurrence actions that will
memorialize shared understanding between Sound Transit and the City over the life of the
OMFS Project. The parties anticipate amending this Agreement and/or entering into future
agreements as the OMFS Project advances through subsequent design and delivery phases.
Future agreements or documents could include, a permitting plan, permitting and development
agreements, or other agreements as mutually determined by the Parties.
2.6. The Sound Transit Board has the sole authority to identify a range of project alternatives, select
a preferred alternative for environmental study and subsequently select the project to be built
after conclusion of the project environmental review phase. Nothing in this Agreement shall be
4.H.a
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GA 0306 -19 Partnering and Services Agreement City of Kent 3
interpreted as concurrence by the City that the OMFS Project should be located within City
limits, and this Agreement shall not be used as evidence in any manner or in any venue of such
concurrence.
3. Designated Representatives
The City and Sound Transit have designated formal points of contact and coordination for this
Agreement as shown in Exhibit A, Designated Representatives. Each Designated Representative is
responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the
objectives of this Agreement. The Parties may change Designated Representatives by written notice to
the other Party during the term of this Agreement. Task orders may designate other individuals as points
of contact for each task order.
4. Cooperation and Good Faith Efforts
4.1. The Parties understand and agree that the activities described in this Agreement depend upon
timely and open communication and cooperation between the Parties. In this regard,
communication of issues, changes, or problems that arise with any aspect of the work should
occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each
Party agrees to work cooperatively and in good faith toward resolution of any such issues.
4.2. The Parties acknowledge that this Agreement contemplates the execution and delivery of a
number of future documents, instruments and permits, the final form and contents of which are
not presently determined. The Parties agree to provide the necessary resources and to work in
good faith to develop the final form and contents of such documents, instruments and permits,
and to execute and deliver the same promptly.
4.3. The Parties will share information on existing conditions and planned projects within the OMFS
Project area with the intent to identify opportunities for coordination and resolve conflicts as
early as possible during Project development, and to reduce risks to OMFS Project development
and delivery.
5. Process for Decision Making and Project Reviews
5.1. Sound Transit will provide the City with a look-ahead schedule, typically two to three months in
advance of formal submittals at significant OMFS Project milestones that may require City staff
review and comment, to help the City identify and plan for resources needed to conduct its
reviews.
5.2. OMFS Project reviews will involve strategies, such as “over the shoulder” (“OTS”) reviews, task
forces, page-turn meetings, workshops, charrettes, or other forms of engagement that
encourage the Parties to collaborate early on thorough discussion of OMFS Project
opportunities, risks, and issues. The Parties will participate in these reviews and seek to resolve
issues proactively; before Sound Transit provides formal submittals to the City for review.
5.3. Upon receipt of official review packages, the City will review and return comments, consolidated
by the City’s Designated Representative or another party specifically identified as responsible,
from all relevant reviewers within a goal of 15 working days.
5.4. The Parties will be transparent in their respective decision-making processes and avoid
postponing difficult decisions until a critical deadline. The Parties will discuss upcoming
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decisions by either Party that may affect the OMFS Project scope, schedule, or budget and will
strive to proactively reach concurrence before decisions are made.
5.5. Commitment to OMFS Project Schedule and Budget
5.5.1. Schedule. The Parties are mutually committed to meeting key OMFS Project milestones.
The Parties will regularly review staffing plans and levels of effort to support delivery of
the OMFS Project within the agreed-upon schedule. Accordingly, the Parties will work in
good faith toward the target dates identified in the schedule attached as Exhibit B.
5.5.2. Approved cost estimate. The Parties agree to facilitate the OMFS Project being
completed within adopted budget.
5.6. The Designated Representatives will develop a concurrence document or letter to illustrate and
describe the improvements, roles and responsibilities for the OMFS Project components located
within the City’s jurisdiction, if any.
6. Engagement and Communication
6.1. Community Engagement and Communications Plan. Sound Transit’s Community Engagement
and Communications Plan describes the process for convening and managing community
engagement groups – an Elected Leadership Group, and an Interagency Group – as well as
engaging with the public and the media. The Community Engagement and Communications
Plan further describes the roles and responsibilities of the groups generally composed as
follows:
6.1.1. The Elected Leadership Group is composed of Sound Transit Board members and other
local elected officials in the corridor.
6.1.2. The Interagency Group is composed of senior staff from Sound Transit and the
associated Cities, and state agencies empowered with technical decision-making
authority.
Sound Transit has undertaken a substantive public and stakeholder engagement effort to reach
early and durable agreement on the OMFS Project scope. Ongoing OMFS Project engagement
efforts target elected leadership, partner agency staff as well as the general public and
organizations within the community. Sound Transit will continue these efforts through the life of
the OMFS Project.
6.2 Public Communication. The Parties will provide information to the community in an accurate
and timely manner and strive to notify and coordinate with each other in advance of formal
press releases, news conferences, community meetings or similar public statements concerning
the OMFS Project. As part of regular OMFS Project meetings with the City, the Parties will
coordinate and engage allowing for proactive planning of public events, collaboration in
advance related to content and topics for discussion, logistics and other issues associated with
community outreach.
7. Environmental Review
7.1. Sound Transit is the lead agency for compliance with the State Environmental Policy Act
("SEPA") for the OMFS Project. In coordination with the City and other agencies with
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jurisdiction, Sound Transit will complete the environmental review for the OMFS Project in
accordance with SEPA, by completing a SEPA Environmental Impact Statement for the OMFS
Project. The City, including all relevant departments and divisions, will participate in the
environmental review process to ensure that the scope of review, environmental impacts, and
appropriate mitigation measures are identified and agreed to during the environmental review
process for elements within the City’s jurisdiction.
7.2. The City commits to participate in the SEPA environmental review process as a Consulted
Agency. The City will contribute to the review of environmental documents for OMFS Project
elements within its jurisdiction. If future SEPA Addenda or other checklists are needed, the City
will contribute to the scope, analysis and review of the documents. The environmental review
will cover the City’s issuance of all permits for the OMFS Project as well as agreed upon
environmental mitigation for OMFS Project impacts. The City will use and rely on the OMFS
Project environmental document and agreed upon mitigation measures to satisfy its SEPA
responsibilities, consistent with WAC 197-11-600.
8. Essential Public Facilities
The OMFS Project is a regional transportation facility that has the status of an essential public facility
and the requirements of RCW 36.70A.200 are applicable. The siting and location of the OMFS Project
shall be consistent with RCW Chapter 36.70A.
9. Permitting Plan
9.1. Sound Transit will coordinate with the City to complete a code review as part of the OMFS
Project development to assess compatibility of the OMFS Project with the City’s Development
Code. The City and Sound Transit will identify appropriate actions that facilitate project delivery
if the OMFS Project is located with the City’s jurisdiction.
9.2. The Parties will coordinate to complete the following activities if the Board selects the OMFS
Project to be built within the City’s jurisdiction.
9.2.1. The parties will develop a draft Permitting Plan that supports the OMFS Project within
the City. The draft Permitting Plan will describe the processes intended to facilitate the
timely preparation, filing and processing of any required permits, identify City
departments with permitting responsibilities, and address the overall strategy for
completing land use and/or discretionary approvals, environmental permits to be issued
by the City, and building/trade/ministerial permits. The draft Permitting Plan will also
address the potential or selected delivery method(s) for OMFS Project construction and
related implications for the permitting process as well as a strategy for closing out
permits upon completion of construction and the issuance of necessary certificates of
occupancy.
9.2.2. The Parties will develop timelines in the draft Permitting Plan that support the ST3 Plan
goals of issuing land use decisions within one hundred twenty (120) days of City
acceptance of a complete application and approvals of construction permit decisions
within sooner timeframes. The Permitting Plan will include a “time-clock” process that
excludes certain periods, such as, turn-around times for Sound Transit to address
comments, clarifications, or necessary revisions.
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9.2.3. Upon completion of the environmental review phase and selection of the project to be
built, the Parties will develop a final Permitting Plan and implement the processes
identified in the Permitting Plan.
9.2.4. Implementation actions identified in the Permitting Plan may be formalized in
permitting agreements, development agreements, or other agreements as mutually
agreed by the Parties.
9.3. Nothing in this Agreement shall be deemed a waiver of the City’s regulatory authority, review
fees, nor a predetermination of OMFS Project compliance with applicable codes and regulations.
10. Planning and Managing Construction
Sound Transit will consider project delivery methods early in OMFS Project development and will
identify the appropriate project delivery method prior to the Sound Transit Board’s identification of the
project to be built. Sound Transit will evaluate alternative delivery methods for consistency with project
goals and communicate with the City regarding implications of the delivery method on the OMFS
Project, if applicable. Multiple project delivery methods may be deployed depending on construction
sequencing needs and differing OMFS Project facility requirements.
11. Property Acquisition
11.1. Temporary and Permanent Property Acquisitions
11.1.1. Sound Transit may require use of City rights-of-way to build any project element within
the City rights-of way. Sound Transit may also acquire permanent and temporary
property rights from private individuals and commercial interests to implement the
OMFS Project.
11.1.2. The City’s designated representative will notify Sound Transit’s Designated
Representative of potential development activities (permit requests, developer
inquiries, etc.) on parcels adjacent to and in the vicinity of the OMFS Project to be built,
once identified.
11.2. Transit Way
If the Board selects the OMFS Project to be built to include light rail guideway located on City
rights-of-way, the Parties will review the existing Transit Way Agreement between the Parties,
originally executed in March 2019 for the Federal Way Link Extension Project, to develop a
mutually agreeable form for a future Transit Way Agreement appropriate for the OMFS Project.
The Parties will also work together to identify opportunities and the necessary steps to
streamline the review and approval process for the OMFS Project’s Transit Way Agreement, and
subsequent amendments, including potential administrative review and approval opportunities.
The Parties will endeavor to develop the final form and contents of the Transit Way Agreement
for the OMFS Project and obtain the necessary approvals as soon as possible after the Board’s
selection of the project to be built.
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11.3. Utility Relocation
The City has agreements and franchises with third party utilities that describe processes and
notice requirements associated with requests for relocation of such facilities for City projects.
The Parties will collaboratively develop procedures for ensuring that notices and required plans
and specifications are prepared and provided to third party utility providers consistent with all
applicable codes and regulations. Likewise, the Parties will collaboratively develop similar
procedures for the relocation of utilities owned by the City. The schedule and timeline for utility
relocation is critical to the overall OMFS Project schedule.
12. Task Orders for City Services
12.1. General Approach. Sound Transit agrees to pay the City for the costs associated with particular
tasks that:
• Sound Transit asks the City to undertake and has negotiated a Task Order as described in
Section 12.2, or other written agreement, for payment to the City; and
• Provide demonstrable benefit in support of OMFS Project environmental review, design,
permitting, and construction activities, such as coordination of environmental review,
documentation of durable and specific OMFS Project commitments and concurrences,
documented decisions including permit approvals, and other types of agreements furthering
implementation of the OMFS Project; or
• Respond to requests made by Sound Transit to provide OMFS Project-related technical
information such as data, reports, or studies or to provide environmental review,
engineering or design services for City owned utilities or other public works affected by the
OMFS Project.
Costs for services will be based on the current hourly rate adopted as part of the City’s Fee
Ordinance Schedule at the time that charges are incurred.
This may include tasks that Sound Transit asks the City to complete on a shorter schedule than
the City would otherwise follow.
In general, Sound Transit will not pay the City for the costs associated with the following:
• Coordination between Sound Transit and the City normally provided as between
government agencies.
• City services provided in the ordinary course of business and on the City’s usual time and
schedule for which the City does not ordinarily charge fees such as technical staff review of
environmental documents.
• City services that Sound Transit will pay for under existing land use, permitting, or other fee
schedules. An exception to this exclusion would occur if a task order or other agreement
establishes a different payment structure in lieu of the established payments and fees.
• City services or costs associated with betterments or other improvements not identified in
the OMFS Project scope.
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12.2. Task Orders. One or more task orders may be prepared and executed by the Parties for work
effort to be covered by this Agreement. A list of anticipated task orders is attached as Exhibit C.
Task orders will be in a format similar to that shown in Exhibit D. Each task order will contain a
scope of work, a detailed cost estimate, and a schedule of work. The cost estimate will establish
a maximum funding level for the task order. Each task order will be executed by authorized
representatives of Sound Transit and the City and shall incorporate by reference the provisions
of this Agreement. In the event of a conflict between a task order and this Agreement, the
Agreement shall prevail.
12.3. Eligible Costs. Eligible Costs. The following types of expenditures will be eligible for
reimbursement:
• Direct OMFS Project costs including labor charges at the employees’ current rates in
accordance with the City adopted fee schedule on an hourly basis at the time the charge is
incurred.
• This Agreement does not cover the City’s normal capital and operating expenses such as
buildings, office equipment, maintenance, security, utilities, or vehicles, except those
expenses normally included in the City’s cost-based fee calculation for services.
• This Agreement does not cover costs the City may have incurred prior to execution of this
Agreement.
12.4. Performance. If the City does not perform the services described in the Task Orders, and if the
failure to perform is solely attributable to the City's actions or inactions, appropriate corrective
action will be discussed and agreed to by the City and Sound Transit Designated
Representatives. Should the corrective action not be agreed to or resolve the problem within
one (1) week, the dispute resolution process may be commenced and Sound Transit may
request specific resolutions including a reduction in the fees owed by Sound Transit to the City.
13. Invoicing
13.1. The City shall submit invoices and supporting documentation for task order payments. The
invoices must include the appropriate purchase order number, which Sound Transit will provide
after execution of each task order, a cover memo including a description of services provided by
the City, and supporting documentation detailing the work completed and associated costs.
13.2. The City shall submit its invoices with the required documentation via email or mail to
AccountsPayable@SoundTransit.org, or Sound Transit, Accounts Payable, 401 S. Jackson St.,
Seattle, WA 98104-2826 with a cc to the Sound Transit Designated Representative. Invoices
must be paid within (30) days of Sound Transit's receipt of the invoice and Sound Transit
confirmation of acceptable City documentation.
13.3. If Sound Transit determines that an invoice lacks sufficient documentation to support payment,
Sound Transit will notify the City of its determination within five (5) business days of receipt of
the invoice and request that the City provide additional documentation. Sound Transit may
withhold payment for contested portions of the invoice until supporting documentation for the
contested portions are provided, however such approval shall not be unreasonably withheld.
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14. Suspension and Termination
14.1. If the City has not received payment from Sound Transit as provided in Section 13, the City may
suspend performance of all or any part of the associated work after giving Sound Transit thirty
(30) days’ notice of the City’s intent to do so. Such suspension will remain in effect until
payment is made in full, at which time the suspension will be lifted.
14.2. Either Party may terminate this Agreement for cause in the event that the other Party fails to
fulfill its material obligations under this Agreement in a timely manner or breaches any material
provision of this Agreement and the dispute resolution process identified in Section 16 has failed
to reach resolution within the timelines described therein. The Party wishing to terminate this
Agreement for cause shall provide the other Party with notice of its intent to terminate and shall
give the other Party an opportunity to correct the failure to perform or breach within thirty (30)
days of the notice or within such longer period as may be necessary in the event that correction
cannot reasonably be accomplished within thirty (30) days. If the failure or breach is not
corrected or cured, this Agreement may be terminated by the aggrieved party by giving ninety
(90) days’ notice to the other Party.
14.3. This Agreement will also terminate with the mutual consent of both Parties.
14.4. Except as provided in this Section, a termination by either Party will not extinguish or release
either Party from liability for costs or obligations existing as of the date of termination. Any
costs incurred prior to proper notification of termination will be borne by the Parties in
accordance with the terms of this Agreement.
15. Indemnity
15.1. Each Party agrees to hold harmless, indemnify, and defend the other Party, its elected officials,
officers, agents, and employees, from and against any and all claims, losses or liability, for
injuries, sickness or death of persons, including employees of the indemnifying Party, or
damages, arising out of any willful misconduct or negligent act, error, or omission of the
indemnifying Party, its officers, agents, or employees, in connection with the services required
by this Agreement, provided, however, that:
15.1.1. The indemnifying Party’s obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death, or damage caused by or resulting from the sole
willful misconduct or sole negligence of the other Party, its elected officials, officers,
agents or employees; and
15.1.2. The indemnifying Party’s obligations to indemnify, defend and hold harmless for
injuries, sickness, death, or damage caused by or resulting from the concurrent
negligence or willful misconduct of the indemnifying Party and the other Party, or of the
indemnifying Party and a third party other than an elected official, officer, agent, or
employee of the indemnifying Party, shall apply only to the extent of the negligence or
willful misconduct of the indemnifying Party, its elected officials, officers, agents, or
employees.
15.2. Each Party agrees to bear full responsibility for any and all tax liabilities owed that may arise in
relation to this Agreement, and each Party shall fully indemnify and hold the other Party, its
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officers, agents and employees harmless from any tax liability owed by other Party arising from
or related to the transactions set forth herein, including, but not limited to, any taxes, penalties,
fines, and/or interest that are assessed by any tax authority against the indemnifying Party and
further including all attorneys’ fees and costs incurred in response to any claims or assessments
by any tax authority against indemnifying Party, its officers, agents and employees.
15.3. The obligations in this Section shall survive termination or completion of this Agreement as to
any claim, loss or liability arising from events occurring prior to such termination or completion.
16. Dispute Resolution
16.1. Prior to taking or joining any action in any judicial or administrative forum to challenge actions
of the other Party associated with this Agreement the Parties agree to follow the dispute
resolution process set out in this Section.
16.2. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at
the lowest level possible.
16.3. Any disputes or questions of interpretation of this Agreement or the performance of either
Party under this Agreement that may arise between Sound Transit and the City shall be
governed under the dispute resolution provisions in this Section. The Parties agree that
cooperation and communication are essential to resolving issues efficiently.
16.4. Either Party may refer a dispute to the dispute resolution process by providing written notice of
such referral to the other Party’s Designated Representative. The Parties agree to use their best
efforts to resolve disputes arising out of or related to this Agreement using good faith
negotiations by engaging in the following dispute resolution process should any such disputes
arise:
16.4.1. Level One - Sound Transit’s Designated Representative and the City’s Designated
Representative shall meet to discuss and attempt to resolve the dispute in a timely
manner. If they cannot resolve the dispute within fourteen (14) days after referral of
that dispute to Level One, either party may refer the dispute to Level Two.
16.4.2. Level Two - Sound Transit’s Sound Transit’s Executive Director of the Planning,
environment, and Project Development Department and the City’s Public Works and
Economic and Community Development Director(s) shall meet to discuss and attempt to
resolve the dispute, in a timely manner. If they cannot resolve the dispute within
fourteen (14) days after referral of that dispute to Level Two, either party may refer the
dispute to Level Three.
16.4.3. Level Three - Sound Transit’s Chief Executive Officer and the City’s Mayor or Designee
shall meet to discuss and attempt to resolve the dispute in a timely manner.
16.5. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level
Three within fourteen (14) days after referral of that dispute to Level Three, the Parties are free
to file suit, seek any available legal remedy, or agree to alternative dispute resolution methods
such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to
perform any undisputed obligations and make any undisputed required payments under this
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Agreement in the same manner and under the same terms as existed prior to the dispute.
Notwithstanding anything in this Agreement to the contrary, neither party has an obligation to
agree to refer the dispute to mediation nor other form of dispute resolution following
completion of Level Three of the process described herein. Such agreement may be withheld
for any reason or no reason.
17. Remedies and Enforcement
17.1. The Parties reserve the right to exercise any and all remedies available under the law, singly or
in combination, and consistent with the dispute resolution and default Sections of this
Agreement, in the event the other violates any provision of this Agreement. These remedies
include, but are not limited to:
17.1.1. Commencing an action at law for monetary damages;
17.1.2. Commencing an action for equitable or other relief;
17.1.3. Seeking specific performance of any provision that reasonably lends itself to such
remedy; and/or
17.2. All remedies set forth above are cumulative and the exercise of one shall not foreclose the
exercise of others.
17.3. Neither Party shall be relieved of its obligations to comply promptly with any provision of this
Agreement by reason of any failure by the other Party to enforce prompt compliance, and such
failure to enforce shall not constitute a waiver of rights or acquiescence in the other Party’s
conduct.
17.4. Each Party consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If either Party
brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs
and attorney’s fees and expenses incurred in defending or bringing such claim or lawsuit,
including all appeals, in addition to any other recovery or award provided by law; however,
nothing in this paragraph shall be construed to limit the Parties’ rights to indemnification.
18. Duration of Agreement
This Agreement shall take effect upon the last date of signature by the Parties as set forth below. This
Agreement shall remain in effect until all Sound Transit projects contemplated by this Agreement are
completed and open to the public, unless this Agreement is extended by mutual agreement of the
Parties, or unless this Agreement is superseded by a future agreement or amendment or is sooner
terminated as provided in Section 14.
19. Warranties
19.1. By execution of this Agreement, the City warrants:
19.1.1. That the City has the full right and authority to enter into and perform this Agreement,
and that by entering into or performing this Agreement the City is not in violation of any
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law, regulation, or agreement by which it is bound or to which it is bound or to which it
is subject; and
19.1.2. That the execution, delivery and performance of this Agreement by the City has been
duly authorized by all requisite corporate action, that the signatories for the City hereto
are authorized to sign this Agreement, and that upon approval by the City, the joinder or
consent of any other party, including a court or trustee or referee, is not necessary to
make valid and effective the execution, delivery and performance of this Agreement.
19.2. By execution of this Agreement, Sound Transit warrants:
19.2.1. That Sound Transit has the full right and authority to enter into and perform this
Agreement, and that by entering into or performing this Agreement Sound Transit is not
in violation of any law, regulation or agreement by which it is bound or to which it is
bound or to which it is subject; and
19.2.2. That the execution, delivery and performance of this Agreement by Sound Transit has
been duly authorized by all requisite corporate action, that the signatories for Sound
Transit hereto are authorized to sign this Agreement, and that upon approval by Sound
Transit, the joinder or consent of any other party, including a court or trustee or referee,
is not necessary to make valid and effective the execution, delivery and performance of
this Agreement.
20. Administration of Agreement
20.1. This Agreement will be jointly administered by Sound Transit’s Designated Representative and
the City’s Designated Representative.
20.2. Each Party shall bear its own costs of administering this Agreement.
20.3. Each Party shall be responsible for its own public records and public records requests.
21. Assignment and Beneficiaries
Neither Party may assign all or any portion of this Agreement without the express written consent of the
other Party. There are no third party beneficiaries to this Agreement.
22. Notices
22.1. Unless otherwise provided herein, all notices and communications concerning this Agreement
shall be in writing and addressed to the Designated Representative.
22.2. Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii)
deposited postage prepaid in the certified mails of the United States, return receipt requested,
(iii) delivered by a nationally recognized overnight or same-day courier service that obtains
receipts, or (iv) delivered electronically to the other Party’s Designated Representative as listed
herein. However, notice under Section 14, Suspension and Termination, must be delivered in
person or by certified mail, return receipt requested.
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23. Audits
The Parties shall each maintain accounts and records, including contract and financial records, which
sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed
under this Agreement so as to ensure proper accounting for all monies paid to the City by Sound Transit.
These records shall be maintained for a period of six (6) years after termination or expiration of this
Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to
RCW Chapter 40.14 and agreed to by the City and Sound Transit.
24. General Provisions
24.1. The Parties shall not unreasonably withhold requests for information, approvals, or consents
provided for in this Agreement; provided, however, that approvals or consents required to be
given by vote of the Sound Transit Board or the Kent City Council are recognized to be legislative
actions. The Parties agree to take further actions and execute further documents, either jointly
or within their respective powers and authority, to implement the intent of this Agreement
provided, however, that where such actions or documents must be first approved by vote of the
Sound Transit Board or the Kent City Council, such actions are recognized to be legislative
actions. The Parties agree to work cooperatively with each other to achieve the mutually
agreeable goals as set forth in this Agreement.
24.2. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the
State of Washington. Venue for any action under this Agreement shall be King County,
Washington.
24.3. This Agreement shall be binding upon and inure to the benefit of successors and assigns of the
City and Sound Transit.
24.4. Time is of the essence in every provision in this Agreement. Unless otherwise set forth in this
Agreement, the reference to “days” shall mean calendar days unless otherwise noted. Any
reference to “working days” shall exclude any legal holidays and weekend days. If any time for
action occurs on a weekend or legal holiday, then the time period shall be extended
automatically to the next business day.
24.5. This Agreement is made and entered into for the sole protection and benefit of the Parties
hereto and their successors and assigns. No other person shall have any right of action based
upon any provision of this Agreement.
24.6. No joint venture or partnership is formed as a result of this Agreement. No employees, agents
or subcontractors of one party shall be deemed, or represent themselves to be, employees of
any other party.
24.7. This Agreement has been reviewed and revised by legal counsel for all Parties and no
presumption or rule that ambiguity shall be construed against the party drafting the document
shall apply to the interpretation or enforcement of this Agreement. The Parties intend this
Agreement to be interpreted to the full extent authorized by applicable law.
24.8. Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or
finalizing this Agreement, unless otherwise agreed in writing by the Parties.
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GA 0306 -19 Partnering and Services Agreement City of Kent 14
24.9. This Agreement and related Task Orders may be amended only by a written instrument
executed by each of the Parties hereto. The Designated Representatives may agree upon
amendments to Exhibits or to extend the term of this Agreement. Such amendments shall be
binding upon the Parties without the need for formal approval by the Sound Transit Board and
the Kent City Council, as long as the amendments are generally consistent with this Agreement
and do not exceed the authority granted by the Sound Transit Board and City Council.
24.10. This Agreement may be executed in several counterparts, each of which shall be deemed an
original, and all counterparts together shall constitute but one and the same instrument.
25. Severability
In case any term of this Agreement shall be held invalid, illegal, or unenforceable in whole or in part,
neither the validity of the remaining part of such term nor the validity of the remaining terms of this
Agreement shall in any way be affected thereby.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized
representative affix his/her name in the appropriate space below:
SOUND TRANSIT THE CITY OF KENT
By:
Peter M. Rogoff, Chief Executive Officer
Date:
By:
Derek Matheson, Chief Administrative Officer
Date:
Authorized by Motion No.
M2020-_______
Authorized by City Council
Motion on ______, 2020.
Approved as to form:
By:
Amy Jo Pearsall, Senior Legal Counsel
Approved as to form:
By:
Arthur “Pat” Fitzpatrick, City Attorney
EXHIBITS
Exhibit A: Designated Representatives
Exhibit B: Schedule
Exhibit C: Anticipated Task Orders
Exhibit D: Task Order 1
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Exhibit A
Designated Representatives
A.1. To promote effective intergovernmental cooperation and efficiencies, each party designates the
following persons as their representatives ("Designated Representatives") who shall be responsible for
coordination of communications between the parties and shall act as the point of contact for each party.
The Designated Representatives shall coordinate communicate regularly to discuss the status of the
tasks to be performed, identify upcoming Project decisions and any information or input necessary to
inform those decisions, discuss any substantial changes to the Project, and resolve any issues or disputes
related to the Project, consistent with this Agreement.
The Designated Representatives are:
A.2 The Parties reserve the right to change Designated Representatives by providing notice to the other
party during the term of this Agreement and editing this Exhibit.
City
Tim Laporte, P.E.
Public Works Director
220 4th Avenue South Kent, WA 98032
(253) 856-5600
tlaporte@kentwa.gov
Sound Transit
Curvie Hawkins
Project Development Director – OMFS
401 S Jackson Street Seattle, WA 98104
(206) 689-4772
Curvie.Hawkins@SoundTransit.org
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GA 0306 -19 Partnering and Services Agreement City of Kent 16
Exhibit B
Schedule
OMF South Schedule*
Task Start Month End Month
Designated Representative(s) Attendance at Meetings with
Sound Transit Staff
April 2020 December 2020
1.0 Project Administration
1.1 Coordination and Communication April 2020 December 2020
1.2 Management and Administration April 2020 December 2020
1.3 Agreements April 2020 December 2020
2.0 Document and Design Review
2.1 Coordination of City Environmental Document Review
Review Draft Environmental Impact Statement (DEIS) Summer 2020 December 2020
2.2 Review of other Project Documents April 2020 December 2020
2.3 Over the Shoulder (OTS) Design Review April 2020 December 2020
2.4 Conceptual Engineering Submittal Summer 2020 December 2020
3.0 Preliminary Permitting Coordination
3.1 Establish Preliminary Permit Process April 2020 December 2020
4.0 Support Project-related Public Outreach Efforts
4.1 Participate in Planning Public Outreach Efforts April 2020 December 2020
* Dates are current as of Task Order execution, but are subject to change. ST will keep the City apprised of
schedule changes by means of a “look-ahead” schedule, which be updated on a regular basis.
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Exhibit C
Anticipated Task Orders
Task Order 1 – DEIS Project Support
Task Order 2 – Tentative - FEIS Project Support
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GA 0306 -19 Partnering and Services Agreement City of Kent 18
Exhibit D
1 of 4
TASK ORDER __: Title
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATION AND MAINTENANCE FACILITY - SOUTH PROJECT
This Task Order is issued under the Partnering and City Services Agreement between the City of Kent
and Sound Transit dated ________, 2020. This Task Order establishes the scope, schedule, and budget
for the services (Services) provided by the City for Sound Transit. The City agrees to perform the Services
in the manner set forth in this Task Order. The terms and conditions of the Partnering and City Services
Agreement are incorporated into this Task Order unless expressly modified below.
The effective date of this Task Order is _________________, 20___.
Project Description.
Provide general description of the work to be performed. May also include definitions if
helpful/appropriate.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Cost Estimate is included as Attachment 2 to this Task Order.
• The Schedule is included as Attachment 3 to this Task Order and referenced in Exhibit B to the
Agreement. Any changes to the schedule will be amended via this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
____________________________________
Name, City Attorney
For Sound Transit
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
_____________________________________
Name, Sound Transit Legal Counsel
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Exhibit D
2 of 4
TASK ORDER # ____ Attachment 1: Title Scope of Work.
The outline below provides a sample format. The Scope should be fully developed and provide a detailed
description of work to be provided under each Task Order.
Task 1: Project Administration
1.1. Coordination and Communication.
1.2. Management and Administration.
1.3. Agreements.
Task 2: Document and Design Review
2.1. Coordination of City Environmental Document Review.
2.2. Review of Other Project Documents.
2.3. Over the Shoulder (OTS) Design Review.
2.4. Conceptual Engineering Submittal.
Task 3: Preliminary Permitting Coordination
3.1. Establish Permit Process.
Task 4: Support Project-related Public Outreach Efforts
4.1. Participate in Planning Public Outreach Efforts.
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Exhibit D
3 of 4
TASK ORDER # _____ - Attachment 2: Title Task Order Cost Estimate.
Spreadsheet to be inserted. Use tasks and schedule to develop estimate based on labor rate and
expenses.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Task Total Hours Labor Rate O/H Rate Total
1. Project Management and Administration
1.1 Coordination and Communication
1.2 Management and Administration
1.3 Agreements
2. Document and Design Review
2.1 Review Draft Environmental Impact
Statement (DEIS)
2.2 Review of Other Project Documents
2.3 OTS Design Review
2.4 Conceptual Engineering Submittal
3. Preliminary Permitting Coordination
4. Support Project-related Public Outreach
Efforts
Subtotal
10% Contingency
Total Estimated Cost
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Exhibit D
4 of 4
TASK ORDER # _____ - Attachment 3: Schedule.
OMF South Schedule*
Task Start Month End Month
Designated Representative(s) Attendance at Meetings with
Sound Transit Staff
April 2020 December 2020
1.0 Project Administration
1.1 Coordination and Communication April 2020 December 2020
1.2 Management and Administration April 2020 December 2020
1.3 Agreements April 2020 December 2020
2.0 Document and Design Review
2.1 Coordination of City Environmental Document Review
Review Draft Environmental Impact Statement (DEIS) Summer 2020 December 2020
2.2 Review of other Project Documents April 2020 December 2020
2.3 Over the Shoulder (OTS) Design Review April 2020 December 2020
2.4 Conceptual Engineering Submittal Summer 2020 December 2020
3.0 Preliminary Permitting Coordination
3.1 Establish Preliminary Permit Process April 2020 December 2020
4.0 Support Project-related Public Outreach Efforts
4.1 Participate in Planning Public Outreach Efforts April 2020 December 2020
* Dates are current as of Task Order execution, but are subject to change. ST will keep the City apprised of
schedule changes by means of a “look-ahead” schedule, which be updated on a regular basis.
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
This Task Order is issued under the Partnering and City Services Agreement between the City of Kent
and Sound Transit dated ________, 2020. This Task Order establishes the scope, schedule, and budget
for the services (Services) provided by the City for Sound Transit. The City agrees to perform the Services
in the manner set forth in this Task Order. The terms and conditions of the Partnering and City Services
Agreement are incorporated into this Task Order unless expressly modified below.
The effective date of this Task Order is _________________, 20___.
Project Description.
• The Scope of Work is included as Attachment 1 to this Task Order.
• The Schedule is included as Exhibit B to the Agreement.
• The Cost Estimate is included as Attachment 2 to this Task Order.
The authorized representatives of the parties have agreed to the terms of this Task Order by signing
below.
For the City
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
____________________________________
Name, City Attorney
For Sound Transit
_____________________________________
Signature
_____________________________________
Title
_____________________________________
Date
Approved as to Form:
_____________________________________
Name, Sound Transit Legal Counsel
4.H.b
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 1
Page 1
TASK ORDER 1 - Attachment 1: OMF South Scope of Work.
Task 1: Project Administration
1.1. Coordination and Communication.
The key purpose of coordination and communication during this phase is to work collaboratively
with ST on planning and design issues for the OMF South project. Activities include participating in
regularly scheduled (as needed bi-weekly or monthly) project coordination meetings with ST and
preparing for and/or following up on key topics to advance resolution of issues. Also included, is
identification of and discussion regarding projects and/or proposals (e.g., utility, public works
projects, or private development projects) that present partnership opportunities or the potential
to conflict with the project.
Deliverables
• Attend Sound Transit project coordination meetings.
1.2. Management and Administration.
The key purpose of this task is to provide accurate and timely project administration. This task will
be continuous throughout the duration of this phase and includes the City’s work necessary to set
up and prepare quarterly invoicing, monitoring and reporting progress, preparing for future Project
phases, and providing overall project coordination.
Deliverables
• Provide quarterly invoicing and progress reporting and on-going project management
activities.
1.3. Agreements.
The key purpose of this task is to interface with ST and provide for timely approval of task orders
and other relevant agreements that may be identified as required or desired during the course of
this phase of the Project. In the event other agreements are identified for completion during this
phase of the Project, this task will be used by the City for all coordination and other activities
associated with such agreements, letters of concurrence, or other instruments.
Deliverables
• The City will work with ST to develop a Task Order for future phases of the project. This
work is anticipated to occur near the end of the SEPA environmental review process.
Task 2: Document and Design Review
2.1. Coordination of City Environmental Document Review.
As a cooperating agency with ST, the City will be afforded the opportunity to review the OMF South
Project’s Draft EIS and provide feedback on the same to ST. Sound Transit will notify the City two
(2) to four (4) weeks in advance of providing project environmental documents to the City and the
City will perform a review of the DEIS and return unified and coordinated comments from all
relevant City departments within twenty one (21) days. If for any reason the City requires
4.H.b
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 1
Page 2
additional review time the City will notify Sound Transit as soon as possible. ST will only provide
additional time if it does not impact the schedule.
This activity will cover review of the DEIS for the OMF South Project, which will be prepared
pursuant to SEPA. Reimbursement pursuant to the terms of the Partnering and City Services
Agreement for this activity will only be approved for time spent by the City’s Designated
Representative (or his or her designee for this activity) who will be charged with consolidating and
reviewing all City comments as part of preparing a set of unified City comments to provide to ST.
No reimbursement of individual subject matter experts or technical staff at the City will be
approved as part of this activity.
Deliverables
• Review and provision of consolidated City comments, including all relevant discipline
groups, of the OMF South Project’s Draft EIS.
2.2. Review of Other Project Documents.
This task includes City discipline review for project documents prepared in support of the DEIS
process, including technical memoranda, feasibility studies, basis of design reports, or other
documents prepared for which City review is desired by ST in order to efficiently advance project
development. The City will perform their review of documents and will provide consolidated
comments back to ST based on their review and within the timeline requested by ST, which will be
commensurate with the length and complexity of the document being reviewed.
2.3. Over the Shoulder (OTS) Design Review.
The key purpose of OTS review during this phase is to ensure that the OMF South Project design is
consistent with City codes and regulations. Close coordination, through regularly scheduled
meetings referenced in 1.1 and additional meetings as needed, will be necessary to advance,
review, and communicate design developments with project team members and to seek feedback
or concurrence from the City.
2.4. Conceptual Engineering Submittal.
This phase of the Project will include a formal design submittal advancing project conceptual design
in support of the DEIS preparation process. As part of this submittal, City staff will review the
conceptual design submittal and associated reference drawings, as well as other information
submitted as part of the basis of design. City review of formal submittals is intended to ensure that
the Project design is consistent with City codes and regulations. Sound Transit will notify the City
two (2) to four (4) weeks in advance of providing design review packages to the City and the City will
perform a review of the packages and return unified and coordinated comments from all relevant
City departments within thirty (30) days. If for any reason the City requires additional review time
the City will notify Sound Transit as soon as possible.
Deliverables
• Submit consolidated and coordinated comments on conceptual design submittal, and
others shared with the city as necessary to advance the project.
4.H.b
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 1
Page 3
Task 3: Preliminary Permitting Coordination
3.1. Establish Permit Process.
A key activity during this project phase is to jointly develop and approve a preliminary permitting
plan that supports the project schedule and provides the City with the information and time needed
to provide approvals. City and Sound Transit staff will work together to establish mutually
agreeable procedures and to streamline processes where possible.
Deliverables
• The City will work with Sound Transit to develop a mutually agreeable preliminary
permitting plan.
Task 4: Support Project-related Public Outreach Efforts
4.1. Participate in Planning Public Outreach Efforts.
Under this task, the City will provide assistance to ST, as required, in planning outreach activities to local
stakeholders including City council and elected officials and the general public. This may include
strategizing about effective outreach, identifying target audiences, communities where efforts should be
targeted, assisting in preparing materials, and other assistance, as requested
4.H.b
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Task Order 1
Pursuant to the
PARTNERING AND CITY SERVICES AGREEMENT
BETWEEN THE CITY OF KENT AND SOUND TRANSIT
FOR THE OPERATIONS AND MAINTENANCE FACILITY SOUTH PROJECT (GA 0306-19)
GA 0306-19 Task Order 1
Operations and Maintenance Facility South
Sound Transit and the City of Kent
Attachment 2
Page 1
TASK ORDER 1 - Attachment 2: Task Order Cost Estimate.
Contract contingency will be used per Sound Transit discretion and in accordance with signature
authority procedures.
Task Total Hours Labor
Rate O/H Rate Total
1. Project Management and
Administration
1.1 Coordination and Communication 160 $140.26 Incl. $22,442
1.2 Management and Administration 180 $140.26 Incl. $25,247
1.3 Agreements 90 $140.26 Incl. $12,623
2. Document and Design Review
2.1 Review Draft Environmental Impact
Statement (DEIS) 180 $140.26 Incl. $25,247
2.2 Review of Other Project Documents 80 $140.26 Incl. $11,221
2.3 OTS Design Review 250 $140.26 Incl. $35,065
2.4 Conceptual Engineering Submittal 450 $140.26 Incl. $63,117
3. Preliminary Permitting Coordination 180 $140.26 Incl $25,247
4. Support Project-related Public
Outreach Efforts 60 $140.26 Incl $8,416
Subtotal 1630 $228,624
10% Contingency $22,862
Total Estimated Cost $251,486
4.H.b
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OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Resolution Recommending Link Light Rail Station Names -
Adopt
MOTION: Adopt Resolution No. 2011, recommending the Link light rail
stations that are to be located in the City as part of Sound Transit’s Federal
Way Link Extension project be named “Kent Des Moines Station” and “Star
Lake Station.”
SUMMARY: Sound Transit is constructing the Federal Way Link Extension project
through the City of Kent. Two link light rail stations will be constructed within the
City. One station will be located adjacent to 30th Avenue South, just south of Kent
Des Moines Road. The second station will be located just north of the South 272nd
Street on the existing Star Lake Park and Ride.
The Sound Transit Board has final approval for naming stations within the Sound
Transit System. In November of 2019, Sound Transit conducted an on-line open
house to solicit feedback on station names from the public. For the station located
adjacent to 30th Avenue South, 552 votes were cast with 390 votes (71%)
preferring Kent Des Moines Station. The station adjacent to South 272nd Street had
678 votes cast, with 529 (78%) preferring Star Lake Station.
The Sound Transit System Expansion Committee is tentatively scheduled to make a
recommendation to the Sound Transit Board in April 2020. The Sound Transit
Board is tentatively scheduled to vote on station names in late April.
The attached resolution encourages the Sound Transit Board to name the stations
within Kent, “Kent Des Moines Station” and “Star Lake Station.”
BUDGET IMPACT:
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.
4.I
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ATTACHMENTS:
1. Light Rail Station Name Resolution (PDF)
4.I
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1 Recommending Link Light Rail
Station Names
RESOLUTION NO. 2011
A RESOLUTION of the City Council of the
City of Kent, Washington, recommending the Link
light rail stations that are to be located in the City as
part of Sound Transit’s Federal Way Link Extension
project be named “Kent Des Moines Station” and
“Star Lake Station”.
RECITALS
A. The City of Kent and Sound Transit, along with other local,
regional, and state entities have been working collaboratively for many years
to bring light rail to South King County.
B. Sound Transit held in-person open house events at Highline
Community College on November 13, 2019, and at Federal Way Performing
Arts Center on November 20, 2019. Concurrently, Sound Transit conducted
an online open house from November 13, 2019 through December 13, 2019.
During these open house events, attendees voted on station names for the
FWLE light rail project.
C. For the station adjacent to 30th Avenue South, of 552 votes
390 votes (approximately 71%) preferred “Kent Des Moines Station”.
D. For the station adjacent to South 272nd Street, of 678 votes 529
votes (approximately 78%) preferred “Star Lake Station”.
4.I.a
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2 Recommending Link Light Rail
Station Names
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recommendation of Federal Way Link Extension
Station Names. The City Council for the City of Kent hereby encourages the
Sound Transit Board to name the Federal Way Link Extension light rail
stations within the City the “Kent Des Moines Station” (located adjacent to
30th Avenue South) and the “Star Lake Station” (located adjacent to the
South 272nd Street).
SECTION 2. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this resolution
and the same shall remain in full force and effect.
SECTION 3. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 4. – Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
4.I.a
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3 Recommending Link Light Rail
Station Names
April 21, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
April 21, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.I.a
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OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: April 14, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Procurement Report
SUMMARY: On December 10, 2019, Council adopted Ordinance No. 4352, updating
the city’s procurement code including raising the Mayor’s signatory authority for
contracts from $65,000 to $100,000, change orders or amendments with a value of
up to $200,000 instead of $130,000 and permitting the Mayor to appr ove contracts
with temporary staffing firms for the provision of contractors for up to 18 months
and at a value of $200,000 or less.
The attached 2020 first quarter report includes new contracts that would have
previously required council approval, but due to the increase in the Mayor’s
signatory authority, council approval is no longer required.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2020 Procurement Report (PDF)
4.J
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Qtr.Department Agmt Type Contract #Vendor Name Project Name Start Date End Date
Contract
Amount
Q1 Administration Interlocal Agreement CAG2020-022 State of Washington Office of Financial Management Census Count 1/16/20 6/30/20 $79,300.00
2020 Procurement Report
4.J.a
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