HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 8/20/2019
KENT CITY COUNCIL AGENDAS
Tuesday, August 20, 2019
Chambers
Mayor, Dana Ralph
Council President, Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Proclamation for Children's Therapy Center Day
2. Recognition of Rosewood Neighborhood Council
3. Appointment to Cultural Communities Board
B. Community Events
C. Public Safety Report
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Mayor's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and
Mayor on issues that relate to the business of the city of Kent. Comments
that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public
Comment period to support or oppose a ballot measurement or candidate for
office. If you wish to speak to the Mayor or Council, please sign up at the
City Clerk’s table adjacent to the podium. When called to speak, please state
City Council Meeting City Council Regular Meeting August 20, 2019
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. City Council Meeting - City Council Regular Meeting - Aug 6, 2019
5:00 PM
B. Rosewood Place Neighborhood Council - Resolution - Adopt
C. Appointment to the Kent Cultural Communities Board - Confirm
D. Perkins Building Lease Agreement for City Storage - Authorize
E. Kent Meridian Pool Lease Termination - Authorize
F. Introduce Verizon Small Cell Franchise Ordinance
9. OTHER BUSINESS
A. Plastic Bag Ordinance - Adopt
10. BIDS
A. SR 167 Underpass Lighting at West James Street - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations, as per RCW 42.30.110(1)(b)
B. Current or Potential Litigation, as per RCW 42.30.110(1)(i)
12. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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.
PROCLAMATION
WHEREA$ On August 29, t979, three visionary pediatric therapists came
together to form Children's Therapy Center to serve children with
special needs in the communities in which they lived; and
WHEREAS, What started as a small program based in the waiting room of a
doctor's office has grown to become the most comprehensive
nonprofit pediatric therapy center in Washington, serving over
3,000 children in south King and Pierce Counties every year; and
WHEREAS, The goal of Children's Therapy Center has always been to provide
quality therapeutic services designed to empower children with
special needs and their families. Founders Sue Hudson, Nancy
Hylton and Gay Lloyd Pinder created a program of quality,
individualized physical, occupational, and speech therapy, with a
strong emphasis on parent involvement; and
WHEREAS, Children's Therapy Center seeks to help every child referred for
services achieve maximum independence, so they can
experience the same opportunities and quality of life as other
children. CTC's approach has always been family-focused, as it
is ultimately through the efforts of parents and other caregivers
that a child is able to reach their full potential; and
WHEREAS, Children's Therapy Center celebrate 40 years of gratefully
serving the local community with support from our community.
NOW, THEREFORE, I, Dana Ralph, Mayor of the city of Kent, do hereby
proclaim Thursday, August 29,2QL9 as
CH I LDREAI'
"11
g P14PY CE NTE R DAY
and encourage all residents to celebrate "40 years" of outstanding service to
and partnership with our community.
In witness whereof, I have hereunto set my hand and caused the seal of Kent
to be d this 20th day of August, 2019.
KENT
WAsHrNoroN
na Ralph, M
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Our new department directors start work on
Tuesday, September 3.
The CAO’s service on the Association of
Washington Cities Board of Directors and as
Washington City/County Management
Association past president wrapped up last
week. He thoroughly enjoyed both roles and
appreciated the opportunity to advance the City
of Kent’s perspective at AWC.
Communications Manager, Dana Neuts, has
been helping ECD distribute a Rally the Valley
survey, working with Kent Municipal Court to
create forms for enforcement of the red-light
cameras, brainstorming with Multimedia and
Public Works on a plastic bag ban rollout should
a ban be passed at the August 20 Council
meeting, and working with Vision Team
members Michael Mage and Tanisha Roberts on
Town Hall meetings.
Neighborhood Program Coordinator, Toni
Azzola, mailed out to the Mill Creek, Glencarin
Div. 1, Shadow Run and Jason Lane property
owners Residential Parking Zone (RPZ) permits
and informational brochures within the newly
created RPZ zones. Signs are being installed
and the RPZ’s will be fully functional by
September 1 w/Police issuing warnings starting
September 1 until October 1.
Rosewood Place has turned in all the required
paperwork to move forward to become the 47th
Neighborhood Council in the City to be formally
recognized by Mayor Ralph and Kent City
Council on August 20.
Community Engagement Coordinator, Uriel
Varela, participated in the 2020 Census Round
Table Discussion with Representative Adam
Smith. The meeting was called by
Representative Smith’s office to share what we
expect to be potential barriers for our residents
to complete the census.
The City of Kent’s Cultural Communities Board
will once again partner with Project Feast’s Café
Ubuntu and the King County Library system to
host the fourth annual “Project Feast: Journey
to Peace.” The event is an opportunity for
people to meet and share through intercultural
exchanges while enjoying wonderful food from
around the world. The event, scheduled for
September 15 at the Senior Center, is free and
open to everyone.
City Clerk’s Office
Records Management Administrator, Alyne
Hansen, attended a Laserfiche User Group
training and roundtable event held at the
Renton Community Center.
The Clerk’s Office responded to 441 public
records requests in the month of July and
processed over 40 contracts. All City Clerk
records are now located and accessible through
the Laserfiche portal at
Documents.KentWA.gov.
ADMINISTRATION
August 20, 2019
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Economic Development/Long Range
Planning
The roll out of the web campaign to help fund
the Lunar Rover replica is well underway, with
the website expected to be live before the end
of the month.
A New Trails Opportunity Study is getting
underway in conjunction with the Rally the
Valley program. The study goals will be to the
clarify and refine the utility and value that our
interurban and Green River trails provide to
Kent’s communities of workers and residents.
Permitting
As of July 31, the Permit Center workloads are
current with no backlog. As a result, high
volumes are being experienced in the Permit
Center as customers come in to pick up
available permits and resubmit documents to
address their correction letters. The success of
the Wednesday closures reflects the hard work
and focus of the Permit Technicians.
Building Services
Jose Pacheco has joined the department as a
Plans Examiner. Jose brings many years of
experience in the field and most recently
worked for the City of Issaquah.
August Building Permits Summary first half -
Inspections Completed: 577
Plan Reviews Completed: 77
Photo Enforcement Request System
Upgrade
This project will automate the workflow for
processing a hearing request at Municipal Court
in response to issuance of a red-light camera
infraction.
CAO Report Creator
This project will create an application that
allows designated users from across the city to
view and edit controlled sections of a single
CAO Report and then produce a final, digital
version of the CAO Report.
Information Technology operational
support for July 30 to August 13
- Number of tickets opened – 307; number
of tickets closed – 294
Filed 107 cases in the last two weeks, including
21 DUI cases and 19 domestic violence cases.
Filed the city’s response to a motion for
discretionary review with the Court of Appeals.
The appeal is from a 2017 conviction of a bail
bondsman, who was convicted by a jury of two
counts of Criminal Trespass in the First Degree;
Malicious Mischief in the 3rd Degree, and Assault
in the 4th degree. The incident involved the
defendant going into a home to look for an
acquaintance of the homeowners who had been
at her house the day prior. The defendant
believed his license as a bail bondsman gave
him authority to commit those crimes, the city
and the jury disagreed. The defendant is
representing himself on the appeal.
Four members of the criminal team participated
in National Night Out on August 6.
On Wednesday August 7, 21 DUI Therapeutic
Court participants were set for review. Between
those participants, they had a collective of
6,900 days of sobriety in the program.
Managed 111 cases that were set for trial in
August. Of those cases, 14 were confirmed to
begin trial on Monday, August 12. All but 2 of
those cases resolved. Of the two cases
proceeding to trial, one trial relates to a
criminal charge for obstructing a police officer
when the defendant refused to allow police
officers to enter his home to verify another’s
safety when a report had been received 10
minutes earlier that a domestic violence assault
had occurred. The second trial is for a charge of
assault in the fourth degree when the
defendant, a jail inmate, allegedly assaulted
another inmate while they were both in custody
at the Kent Correctional Facility. The defendant
was serving a sentence for another assault he
had previously committed against a co-worker.
ECONOMIC AND COMMUNITY
DEVELOPMENT
INFORMATION TECHNOLOGY
LAW
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On August 1, the city reached an agreement
with Hytek Finishes Company to settle the
condemnation lawsuit that was set to go to trial
on September 23, for payment of $550,000 as
just compensation. The city is acquiring
property from Hytek as wetland mitigation for
the S. 224th Street Project. The city’s appraisals
in the last few years have valued this property
between $355,000 and $534,000, and Hytek
appraised the value of the property at
$905,000. The city will deposit the $550,000
with the Court and this money will be used to
offset Hytek’s liability for the contamination
discovered on this property. The contamination
discovered on the Hytek property is the subject
of another lawsuit the city filed against Hytek
under the state’s Model Toxic Control Act
(MTCA). This settlement reserves all the city’s
rights in the MTCA lawsuit, which is set for trial
in September 2020.
Continued to assist the Clerk’s office with public
records requests, and Public Works, ECD, and
Parks with a number of high priority
development projects, including property rights
and access issues involving Naden Avenue.
Recreation
The Kent Summer Concert series continued
with a performance by Grammy Award winning
duo Justin Roberts and Liam Davis on July 31.
This “Wednesday Picnic Performances” concert
for kids and families drew a small crowd of 150.
(Significant police activity associated with a
carjacking the week before likely scared some
of our regular attendees away.) Return favorite
Joanie Leeds drew approximately 200 people to
Town Square Plaza on August 7. The Stacy
Jones band drew 750 to Lake Meridian Park on
Thursday, August 1 for an evening of blues
music. Rainy skies kept the crowd to about 250
people for the vintage swing of Sundae + Mr.
Goessl on Thursday, August 8.
A new Kent Creates exhibit, “Look Up,” is
accepting submissions through September 30.
The top five submissions will receive featured
status and a $200 honorarium each.
On August 6, the community gathered together
to celebrate our 9th Annual National Night
celebration at the Kent Parks & Recreation Teen
Center in style. Over 200 people came out to
enjoy free BBQ, sno cones, basketball,
volleyball, go karts, obstacle courses, face
painting and fun kid’s games.
Sleepaway camp, a one-week overnight camp
for kids, 4th – 6th grade, completed its 40th
year of introducing kids to the outdoors.
Campers experienced hiking, acclimatization
course, swimming, songs, Wednesday carnival
that included 3 escape rooms and more. 85
campers and 26 dedicated volunteers made
memories to last a lifetime.
Adaptive Recreation softball teams met stiff
competition at the Special Olympics Regional
Tournament in Everett. The Home Run Hitters
placed 3rd in their division while the Fielders and
the T-Hawks received honorable mention. All
teams will be celebrating their season at KMP
Fields with a BBQ and a fun game against the
coaches.
Beautiful parks and shelters are available for
rental and drop-in use throughout the city. The
official 2019 rental season runs April through
September with over 1,000 scheduled events
and 80,000+ guests. Reservations are handled
through Kent Commons. Estimates for drop-in
use exceed 200,000 people.
Staff Changes
Hiring/Retirement/Recruitment/
Leaves/Promotions
Entry Level Corrections Officer Ryan Armstrong
started August 1.
Officer Vincent Alatorre was named Class
President of his class at The Washington State
Criminal Justice Training Commission Basic Law
Enforcement Academy.
Significant crime -
activities/arrests/investigations
On August 1, King County Juvenile refused to
book a subject for 3rd degree theft and
PARKS, RECREATION, AND
COMMUNITY SERVICES
POLICE
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possession of marijuana despite the fact that he
is apparently currently on probation.
On August 1, a subject was booked into the
King County for attempting to murder his wife.
The victim was found with severe facial injuries,
unconscious, and labored breathing. Lifesaving
efforts were taken before she was transported
to Harborview Medical center with life
threatening injuries.
Major emphasis patrol
Due to reports of escalating criminal activity in
the areas of the Iolani Apartments and
Hometown Suites, four Officers were assigned
to conduct emphasis patrols in these areas.
This operation resulted in an on-view arrest of
a subject after a brief foot pursuit. The subject
was approached by several people on foot at
the bus stop prior to Police contacting him. He
was booked for his felony warrants and cited at
large for possession of drug paraphernalia and
obstruction.
SOU responded back to the wooded area just
west of Clark next to 511 E. James Street for a
large homeless encampment. SOU arrested 1
subject for a trespass violation. The jail crew
began the clean-up and has removed 5 trailers
full of trash in just a few days with more to go.
SOU cleaned up two camps this week. One
camp was along Scenic Way, and the other one
was at the dead end of Novak Lane. Just off of
James St. several smaller camps were posted,
and an arrest was made. SOU along with the
jail crew also cleaned up a large encampment
at Salt Aire Park.
SOU Officers located a camp on the west side
of the Showare. They located a subject who
requested assistance with resources. SOU was
able to refer him to Catholic Community
Services where he was able to start getting the
help he needed.
Events and awards
Officer Baughman is receiving a Lifesaving
Award at Council on August 20 his quick
response in application of a tourniquet to a
victim with a gunshot wound to his leg, which
medics advised no doubt saved the victim’s life.
Officers Curl and Axelson are receiving
Lifesaving Awards at Council on August 20 for
their quick response and actions to a victim of
a heroin overdose which directly resulted in
saving this victim’s life.
Other
SOU along with members of parks and the
planning department walked Earthworks Park
to research potential new access points. During
the walk, SOU encountered numerous
homeless encampments. Each Camp was
posted for removal. In one of the camps, SOU
located a person of interest in several fires in
Earthworks Park. The subject had been
previously trespassed and was arrested for the
trespassing violation.
Land Survey/GIS:
Land Survey field staff have been performing
design topography for the Clark Springs
Generator, 2019 Water Improvements,
Chandler’s Bay and Mill Creek Rehabilitation
projects.
Facilitating active construction for the 224th
Phase II, 228th Grade Separation and GRNRA
South Pump Station Force Main projects.
GIS/Survey technician has been actively
updating locations of water meter, valves and
back flow assemblies.
Land Survey office staff have been writing legal
descriptions and calculating boundaries for the
76th Ave. Road Raising, YMCA RCO and city
right-of-way code enforcement of private
development.
Office staff have also provided numerous
professional reviews of Planning/ECD
submittals.
GIS leadership staff have been interviewing for
the open GIS Analyst III position, screening
new GIS interns and giving support for the new
CityWorks asset management system in Public
Works Operations.
PUBLIC WORKS
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GIS staff continue with transferring legacy data
to layer files for easier access on various web
applications.
GIS staff have been providing data for multiple
public records requests in the last two weeks,
continue entering private development
infrastructure as-builts and have also provided
an updated water service area map showing all
fire hydrants within the city limits.
GIS intern for PW Signs department has
collected 7,349 signs since starting in March.
Design - Under Deck Lighting at James
Bids opened Jul 9 - apparent low bidder is Titan
Earthworks at $234,477, engineers estimate is
$324,720. Moving forward with awarding the
project.
212th East Valley Highway to 72nd -Working with
Railroads to secure necessary permits and
contract conditions to accommodate by design
and/or include in the project provisions. 60%
review set in review. Submitted preliminary
Right-of-Way package to WSDOT.
4th and Willis Roundabout and Joint Utility
Relocation projects -joint utility contract
advertised on Tuesday. Finalizing scope of work
with drainage consultant. WSDOT on updating
right-of-way map. Submitted signal plans and
channelization plans to WSDOT.
West Hill Reservoir - Presentation to Parks
committee meeting this week and then council
and public in September regarding the
transition of the property. Interviews for
consultant selection this week.
Meet Me on Meeker West -design currently
underway along with documents sent to
WSDOT to obligate funds for design. Design
underway.
Skyline Sanitary Sewer -Kent School District
working with ECD for sewer connection. Design
is coordinating efforts with ECD. Wrapping up
contract documents with design firm to analyze
the basin.
Grants - preparing grant packages for two
projects, 132nd St sidewalk and 76th road
raising.
Construction
LID 363: S 224th St Improvements – 84th Ave
S to 88th Ave S (Ph 1),
-84th to SR 167 – Substantially complete.
-SR 167 Bridge – Bridge BP rail installation is
ongoing.
-SR 167 – Final striping of SR 167 is taking
place at night on Monday and Tuesday this
week (8/12 & 8/13).
-SR 167 to 88th – Substantially complete.
LID 363: S 224th St Improvements – 88th Ave
S / S 218th St Improvements – S 222nd St to
94th Pl S (Ph 2) –
- Cast-in-place concrete retaining wall
construction on the south side of 218th St
at the new culvert crossing is ongoing, and
will continue for a couple more weeks.
- Excavation and shoring for the retaining
wall footings on the north side of 218th St
is ongoing. Forming and rebar placement
for the wall footings is underway with
concrete placement scheduled for later this
week.
- Two Garrison Creek culvert test piles have
been accepted. Placement of the
remaining 14 piles will resume after the
retaining wall footing excavation is
complete.
- Removal of the existing bridge is scheduled
to take place next week.
- Concrete placement for sidewalk along the
new section of roadway from the Phase 1
project to 93rd is complete.
- S 218th St from 93rd to 94th Pl closed on July
8 and is expected to reopen by September
30. 88th Ave from the new bridge to 218th
(up to 93rd) is paved and is now open to
traffic.
- CIP Concrete Retaining Wall Footing
Excavation
Cambridge Reservoir Recoating and Fall
Protection Improvements –
- Full finish coats are complete w/minor
touch-up work is underway.
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- Scaffolding disassembly ongoing
- Fall protection system, electrical work,
demobilization, and site restoration
remaining.
228th St. Union Pacific Railroad Grade
Separation Ground Improvements and
Embankments (Ph 4 of 5)
- West side water main tie-ins are in
progress. Final tie-ins for DWF, Century-
Link and MME have been rescheduled.
- West side fill for vertical walls is
ongoing. 5-of-18 lifts are complete.
- Starting water main installation on the
East side of the tracks this week.
- The full closure of S 228th St from 72nd
Ave S to 76th Ave S (4th Ave N) with
detour will be in place for approximately
2 years.
- The Interurban trail was closed on April
15. Trail notifications will be updated as
construction progresses with public
safety being the #1 priority. A
construction window may allow the trail
to temporarily reopen for several weeks
in August.
228th St. Union Pacific Railroad Grade
Separation Bridge and Roadway (Ph 5 of 5)
- Contract currently under suspension
while Phase 4 continues. Critical long-
lead material submittals are being
organized and prepared.
- The contractor is attempting to schedule
large storm vault delivery and
installation for September/October time
frames to capitalize on low water table
conditions in the fall and early winter.
- Working through large storm vault
design RFI’s.
Upper Mill Creek Dam Improvements and
Diversion Structure Replacement
- The 104th Ave S closure will remain in
place until September.
- Placing precast diversion channel
segments is complete. The cast-in-place
sections of the diversion channel will be
construction next season.
- Forming and pouring of cast-in-place
concrete stilling basin and outlet
structures are ongoing and will continue
for several weeks.
640 Pressure Zone Booster Station
- Installation of internal piping is ongoing.
- CMU wall construction is near
completion.
- Prefabricating truss roofing segments on
the ground awaiting to be lifted/set when
the walls are ready.
2019 Plastic Markings
- The work is substantially complete;
however, there are a few newly added
locations that are scheduled for
completion this week.
2019 halt Overlays
- Paving is complete.
- Traffic loop installation and final
channelization markings are scheduled
for the middle of August.
- Raising metal manhole covers and valve
boxes is ongoing at several of the project
locations.
2019 Sanitary Sewer CIPP Lining
- Sanitary sewer CIPP lining is ongoing in
the Linda Heights neighborhood. Project
limits are from S 240th St to S 251st Pl
between Military Rd and I5.
- The CIPP work is continuing to go
according to the schedule. Last week
the contractor installed another 1,550-ft
of liner to bring the total to 9,550-ft,
which is approximately 80% of the
expected total.
- Mailers, door hangers, variable message
signs, and social media employed to
notify the public.
Green River Natural Resource Area (GRNRA)
Storm Water Force Main
- Large diameter storm pipe installation is
complete on James St between 64th Ave
and Lakeside Blvd.
- Concrete restoration and paving of
James St is taking place this week.
- Work will move off James St to the Ice
Centre driveway late this week.
- James Street between 68th Ave S and the
Ice Rink will be closed beginning the
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week of July 15 through the end of
August.
South 212th St Bridge Deck Resurface
- Bridge deck prep work is proceeding this
week. The first weekend closure is
scheduled to take place beginning the
night of Friday, August 23.
- The Contractor anticipates all work to
take approximately three weeks to finish
once work is started.
Russell Road S / S 196th Street Asphalt Overlay
- Work is proceeding this week with saw
cutting, and concrete flatwork removal
and replacement. This is daytime work
with curb lane closures.
- Grinding and repaving the road surface
is scheduled to proceed on the week of
August 26. This work will be taking place
at night.
Development/Utility Projects
- Marquee on Meeker (2030 W Meeker St)
– Building construction and on-site work
is ongoing. The project team is working
on receiving occupancy for the first
phase of the building construction.
- Morrill Meadows Park / East Hill Park
Renovation & YMCA (10600 SE 248th St).
Paving of 248th is complete. Extruded
curb panting and placement of Raised
Pavement Markers (RPM’s) is taking
place this week.
- GRE West Meeker (64th & Meeker) – On-
site work is ongoing. Frontage
improvement work on Meeker St is
underway. Impact to traffic on Meeker
St will be ongoing for several weeks.
- Blue Origin (21601 76th Ave S) – On-site
work and building construction are
ongoing.
- Bandon West (2444 94th Ave S) – The
one-year walk-thru has been scheduled
w/comments due Friday, August 16.
- Northcoat Lane (SE 240th St & 139th Pl
SE) – The two-year walk-thru has been
scheduled w/comments due Monday,
August 26.
- Westview Malik (24317 94th Ave S) – The
two-year walk-thru has been scheduled
w/comments due Monday, August 26.
- Sysco Expansion – The preconstruction
meeting is scheduled for Tuesday,
August 13.
Streets
- Street maintenance crews are paving
asphalt inlays on 113th Ave SE, installing
an asphalt berm on SE 204th St, raising
speed humps on 40th Ave S, installing C-
curbs on SE 216th St, doing gravel
shoulder repairs on 2nd Ave S and blading
an alleyway at 615 Hazel Ave N.
- Setting out reader boards and marking
areas for paving an asphalt inlay on 108th
Ave SE.
- Concrete Crew will be assisting Street
Maintenance on 113th Ave SE with
paving, repairing handrails on 108th Ave
SE, sealing stamped concrete at SE 256th
St, hot patching an inlay on 101st Ave SE,
replacing a plaque on Joe Jackson
Bridge, and pouring a new sidewalk on
SE 216th St.
- Street Signs and Markings team are
replacing a sign on SE 264th St, installing
signs on W Meeker St, 144th Ave SE and
SE 216th St, along with maintaining signs
in school zone areas. They are also
repairing a hydro barrier on E Maple St
and fabricating a rebar cage. The Retro
Reflectivity crew will be focusing on
installing signs on 116th Ave SE. The
Solid Waste crews will be removing
debris and illegal signs on Hwy 99, Pacific
Hwy, Military Rd and on 108th Ave SE.
- Vegetation crews will be performing
maintenance at Kent water sites and
drainage areas city wide. Street
Vegetation is focusing on maintenance
on S 208th St, N Lincoln Ave, State Ave
N, E George St, SE 213th Pl, 100th Ave
SE, SE 276th St and on the mow-strips in
the Downtown Core area. Our sidearm
mowers will be focusing primarily on SE
240th St, 132nd Ave SE, SE 280th St, 100th
Ave S, SE 224th St, SE 223rd, SE 222nd
St, 108th Ave SE, S 272nd St, 148th Ave
S, S 208th St, Military Rd S and at Clark
Springs before moving on to adjacent
roadways. Wetland Maintenance crews
will be performing summer maintenance
at various wetland and drainage
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locations and Wetland Mitigation crews
are doing maintenance at Riverview on
Hawley Rd, Hogan Park, Frager Rd and
at Cottonwood Forest. They continue
their work at the Green River Natural
Resource Area, focusing on the west
wetland island and the superhighway
and they are running the irrigation
systems at Alvin’s Pond, Leber and the
Frager Rd Upper Mill Creek Dam.
Weather depending, the spray truck will
be out on Veterans Dr, S 196th St,
Military Rd and on the 277th Corridor.
Water
- Water staff are wrapping up a water
main installation through an easement at
the Washington State Department of
Transportation facility located off W
Valley Hwy. Final tie-in and site
restoration will be completed this week.
Staff will then begin a water main
replacement on the West Hill on 45th Ave
S. This project will consist of
approximately 400-feet of 8-inch ductile
iron water main and six water service
renewals. Staff are working with various
contractor projects providing water
shutdowns for water main tie-ins,
chlorine injections, bacteriological
samples and setting new water service
meters.
Storm/Sewer
- Storm crews will be cleaning lines in
advance of the TV Truck on S 208th St
and 62nd Ave S removing debris from the
pipe so that clear video can be taken of
the structure’s interior. They will be
repairing a storm line at S 202nd St, a
catch basin at 94th Ave S, performing a
manhole change out on 104th Ave SE,
cleaning the bar screen at the Senior
Center as well as assessing and cleaning
outfalls in the areas of SE 100th Ave SE
and west of Washington Ave. Crews will
be pumping sediment from sumps in
storm structures at S 228th St and then
assessing at 132nd Ave SE and 141st Ave
SE, as well as doing repairs at S 212th St
for structural and water quality integrity
per the National Pollutant Discharge
Elimination System (NPDES) federal
guidelines.
- Storm crews will be draining Earthworks
Pond and relocating the fish downstream
in order to clean the pond, bar screen
and weir using the best management
practices to filter as much debris as
possible from getting downstream.
- Sewer crews are cleaning the Frager
sewer basin on Veterans Dr N as well as
TV inspecting the storm and sewer
systems on SE Kent Kangley Rd, 132nd
Ave SE, SE 256th St, 100th Pl SE, 93rd Ct
S and the Lindental easement by
camera. They are also performing
manhole change outs on S 248th St, 104th
Ave SE and on SE 256th St for issues
found during prior inspections.
Fleet/Warehouse
- Fleet has 2 police vehicles being taken
out of service, 3 vehicles at body shops
for repairs, 15 vehicles scheduled for
services, 1 trailer in for re-decking and 1
Toro set up for Parks. They are also busy
repairing seasonal equipment such as
mowers, pavers, backhoes, vactors,
trailers and dump trucks; along with
normal equipment repairs.
- Warehouse staff continue CDL training,
fulfilling work orders and maintaining
supply levels and repairing small
equipment.
5.B
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
August 6, 2019
Date: August 6, 2019
Time: 5:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Excused
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Present
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Excused
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
3. AGENDA APPROVAL
Chief Administrative Officer, Derek Matheson removed item 8.C - Excused
Absence for Councilmember Kaur.
A. Approve the agenda as amended
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Larimer, Boyce, Kaur, Thomas, Fincher
EXCUSED: Troutner, Higgins
4. PUBLIC COMMUNICATIONS
Mayor advised that tonight is a regular council meeting that is set by
ordinance to be being held at 5 p.m, so that the Council can attend National
Night Out events.
A. Public Recognition
i. Employee of the Month
Mayor Ralph recognized Dan Carpmail, a Senior Signal Technician in the
Public Works Department, as the City's August Employee of the Month.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
8.A.1
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Kent City Council City Council Regular Meeting
Minutes
August 6, 2019
Kent, Washington
Page 2 of 5
Mayor provided a brief overview of what the National Night Out Event is all
about and expressed her appreciation of the Council and staff for attending
tonight's National Night Out events and encouraged the public to register
for next year's event.
Councilmember Larimer advised that she sent a summary of the last
meeting of the King County Affordable Housing Committee. The next
meeting is scheduled for September 20th, and will hopefully be forming
an opinion on Affordable Housing State Bill.
Councilmember Kaur serves on the Domestic Violence Regional Task
Force and will be requesting a proclamation in October.
Councilmember Thomas advised the minutes from the Public Safety and
Operations Committees are available online at KentWA.gov.
Thomas serves on the Puget Sound Regional Fire Authority Governance
Board that will meet on August 21st at 5:30 p.m. at Station 74.
Councilmember Fincher advised the Parks Department Hero mobile fitness
and recreation program van is out visiting apartments. Visit KentWA.gov
for details on where the van is scheduled to visit.
Fincher advised the new Kent Creates contest theme is "Look Up." Visit
KentCreates.com for contest information.
Fincher serves on the King County Mental Illness and Dependency Council
and advised the current focus is on the King County Pre-Trial Release
Program.
A. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson advised his written report is in
the packet and there is no executive session tonight.
6. PUBLIC HEARING
None.
7. PUBLIC COMMENT
Eileen Lamphere, a lifelong Kent resident, invited the Council, staff and the
public to attend the Greater Kent Historical Society Annual Gala and
Fundraiser on Saturday, October 5, 2019 honoring the City of Kent and
it's Sister City Programs. The event will be held at the Kent Senior Center.
8.A.1
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Kent City Council City Council Regular Meeting
Minutes
August 6, 2019
Kent, Washington
Page 3 of 5
Nancy Simpson, President of the Greater Kent Historical Society,
expressed her appreciation of the City's support of the museum. Simpson
thanked the City's Parks Department for the new fence and entry ramp.
Simpson invited the public to attend the Danny Pierce exhibit at the
museum starting on August 17th.
Richard Wilkinson, a resident of the Tudor Square neighborhood,
requested the City install recycle bins for environmental reasons and to
help reduce the garbage left behind after group events.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Larimer, Boyce, Kaur, Thomas, Fincher
EXCUSED: Troutner, Higgins
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Jul 16, 2019 5:00 PM
2. City Council Meeting - City Council Regular Meeting - Jul 16, 2019 7:00
PM
B. Payment of Bills - Approve
MOTION: Approve the payment of bills received through
6/30/19 and paid on 6/15/19 and 6/30/19, and approve the
checks issued for payroll 6/1/19-6/15/19 paid on 6/20/19,
and 6/16/19-6/30/19 paid on 7/5/19, after auditing by the
Operations Committee on 7/2/19 and 7/16/19.
C. Excused Absence for Councilmember Troutner - Approve
MOTION: Approve an Excused Absence for Councilmember
Troutner for the City Council meeting of August 6, 2019.
D. Excused Absence for Councilmember Higgins - Approve
MOTION: Approve an Excused Absence for Councilmember
Higgins for the City Council meeting of August 6, 2019.
E. Set September 3, 2019 as the Date for the Public Hearing for
the “Lannoye” Property Surplus and Restrictive Covenant
Removal - Authorize
8.A.1
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Kent City Council City Council Regular Meeting
Minutes
August 6, 2019
Kent, Washington
Page 4 of 5
MOTION: Set September 3, 2019 as the date for the public
hearing to accept public comment and determine whether to
surplus and transfer the “Lannoye Property” from the City’s
drainage utility fund to the Parks department upon the utility’s
receipt of fair market value in exchange; recommend removal
of any use restriction Council may have imposed on the
Lannoye Property at the time it was originally acquired; and
direct the City Clerk to give notice of the public hearing as
required by RCW 35.94.040 and RCW 35A.21.410.
F. Set September 3, 2019 as the Date for the Public Hearing to
Consider the Surplus and Transfer of the Kronisch Property
from the Parks Department to the Public Works Department –
Authorize
MOTION: Set September 3, 2019 as the date for the public
hearing to accept public comment and determine whether to
surplus the Kronisch Property from the Parks Department and
authorize its transfer to the Public Works Department for water
utility purposes, and direct the City Clerk to give notice of the
public hearing as required by KCC 3.12.050.
G. 2019 First and Second Quarter Fee-in-Lieu Funds – Authorize
MOTION: Authorize the Mayor to accept $33,300 of fee-in-lieu
funds, amend the Community Parks Reinvestment Program
budget, and authorize the future expenditure of these funds for
capital improvements at Wilson Playfields and Chestnut Ridge
Park.
H. Recreation Conservation Office Grant Agreement for the
Service Club Ballfields – Authorize
MOTION: Authorize the Mayor to sign a Grant Agreement with
Washington Recreation and Conservation Office in the amount
of $95,500, for field drainage improvements at Service Club
Ballfields, subject to final terms and conditions as the Parks
Director and City Attorney may determine are acceptable upon
issuance of the agreement by the state.
I. Agreement for Award of King Conservation District WRIA
Forum Grant - Downey Farmstead Restoration Project -
Authorize
MOTION: Authorize the Mayor to sign a Grant Agreement with
the King Conservation District accepting the King Conservation
District WRIA Forum grant, in the amount of $98,575.00, to
help fund ongoing work at the Downey Farmstead Restoration
site, subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
8.A.1
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Kent City Council City Council Regular Meeting
Minutes
August 6, 2019
Kent, Washington
Page 5 of 5
J. Consultant Services Agreement with Robert Half International -
Authorize
MOTION: Authorize the Mayor to sign all necessary documents
to enter into agreement with Robert Half International Inc.,
subject to final terms and conditions acceptable to the
Information Technology Director and the City Attorney, for a
total amount not to exceed $2,499,226.49.
K. Consolidating Budget Adjustment Ordinance for Adjustments
Between March 1, 2019 and June 30, 2019 - Adopt
MOTION: Adopt Ordinance No. 4330, approving the
consolidating budget adjustment ordinance for adjustments
made between March 1, 2019 and June 30, 2019, reflecting an
overall budget increase of $15,871,920.
L. Dvorak Barn Concrete Foundation and Interior Framing Bid -
Award
MOTION: Award the Dvorak Barn - Concrete Foundation and
Interior Framing Project to Serpanok Construction, Inc. in the
amount of $355,597 and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
9. OTHER BUSINESS
None.
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph declared the meeting adjourned.
Meeting ended at 5:17 p.m.
Kimberley A. Komoto
City Clerk
8.A.1
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DATE: August 20, 2019
TO: Kent City Council
SUBJECT: Rosewood Place Neighborhood Council - Resolution - Adopt
MOTION: Adopt Resolution No. ________, recognizing the Rosewood Place
Neighborhood Council, supporting its community building efforts, and
conferring on it all opportunities offered by the City's neighborhood
program.
SUMMARY: The Rosewood Place neighborhood consists of 12 households and is
located on Kent’s East Hill. The neighborhood has completed the process to be
recognized as a neighborhood council.
The City’s Neighborhood Program is an initiative designed to foster better
communication among residents in a geographic area and city government. The
underlying objective of the program is to provide an avenue for residents to work
together to enhance the livability of their neighborhoods.
The program encourages organization of neighborhood councils, which serve as
independent, non-profit organizations promoting resident-based efforts for
neighborhood improvements while also establishing a partnership between City
government and the neighborhoods they serve.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community
ATTACHMENTS:
1. Rosewood Place Neighborhood Council Resolution (PDF)
8.B
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1 Rosewood Place
Neighborhood Council Resolution
RESOLUTION NO. ________
A RESOLUTION of the city council of the city
of Kent, Washington, recognizing Rosewood Place
Neighborhood Council.
RECITALS
A. The city of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the city of Kent
encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among residents
and to enhance their sense of community.
B. The city of Kent recognizes and supports neighborhood councils
by endorsing a process to establish neighborhood boundaries, approve
neighborhood councils, and provide neighborhood grant matching program
opportunities to make improvements in defined neighborhoods.
C. The Rosewood Place neighborhood consists of twelve households.
D. The Rosewood Place neighborhood is located on Kent’s East Hill
and is generally situated to the east of 116th Ave SE, north of SE 215th ST, on
the corner of 113th PL SE and SE 214th ST. The Neighborhood is shown on
Exhibit A, attached and incorporated by this reference.
8.B.a
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2 Rosewood Place
Neighborhood Council Resolution
E. On July 11, 2019, the Rosewood Place neighborhood submitted
an official registration form to request that the City recognize the Rosewood
Place Neighborhood Council and to allow the Neighborhood to take part in the
City’s Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recognition of Neighborhood Council. – The City Council
for the city of Kent hereby acknowledges the effort and commitment of the
Rosewood Place neighborhood and all those who participated in forming the
Rosewood Place Neighborhood Council. The Kent City Council hereby
recognizes Rosewood Place Neighborhood Council as an official Neighborhood
Council of the city of Kent, supports Rosewood Place Neighborhood Council
community building efforts, and confers on the Rosewood Place Neighborhood
Council all opportunities offered by the City’s Neighborhood Program.
SECTION 2. – Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 3. – Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
SECTION 4. – Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
DANA RALPH, MAYOR Date Approved
8.B.a
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3 Rosewood Place
Neighborhood Council Resolution
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.B.a
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EXHIBIT A
8.B.a
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DATE: August 20, 2019
TO: Kent City Council
SUBJECT: Appointment to the Kent Cultural Communities Board -
Confirm
MOTION: Confirm the appointment of Caitlin Konya to the Kent Cultural
Communities Board, filling a vacancy that will expire on July 31, 2020.
SUMMARY: I am pleased to recommend appointment of Caitlin Konya to the Kent
Cultural Communities Board filling a vacancy that will expire July 31, 2020.
Caitlin Konya is employed by AmeriCorps currently and while she resides outside
the Kent city limits in unincorporated King County, she does work in Kent in her
role as City Year AmeriCorps Member. Caitlin’s last five years of education and
volunteer work has centered around engaging and empowering communities.
Spending time in Kent, Seattle, Baltimore and Nicaragua, her desire is to continue
service to her community. Serving on the Cultural Communities Board would be an
extension of her purpose in moving back to this region. Caitlin is the recipient of
Post-Baccalaureate Intramural Research Training Award, Deans List (6 quarters),
Psi Chi International Honor Society in Psychology and a Washington Aerospace
Scholar.
8.C
Packet Pg. 22
DATE: August 20, 2019
TO: Kent City Council
SUBJECT: Perkins Building Lease Agreement for City Storage -
Authorize
MOTION: Authorize the Mayor to sign a Lease Agreement with Charlie
Perkins for property located at 715 West Smith Street to be used as a City
storage facility, subject to final terms and conditions acceptable to the
Parks Director and City Attorney.
SUMMARY: This is a renewal of a lease that began in 2006 when the City sold the
“Red Barn” on Railroad Avenue. The property at 715 W. Smith Street consists of
6,350 square feet of building space and a 25,000 square foot lot. This property
provides storage for Facilities, Home Repair, Cultural Arts and the Kent Lions Club.
The City subleases space to the Kent Lions Club for storage of equipment and
supplies used for their many functions that occur in Kent throughout the year.
Home Repair uses it to store building supplies used for their community-based
repair program. Cultural Arts stores equipment and supplies used for their
programs. Facilities uses the space to store furniture parts, basketball hoops, HVAC
filters and other miscellaneous equipment and supplies needed to be stored until it
can be used.
The City will pay $5,250 per month for the first two years of the lease and
$5,407.50 per month for the remaining three years of the lease. Currently, the City
collects $1,050, plus $55 (electricity) per month for subleasing a portion of the
building to the Kent Lions Club.
BUDGET IMPACT: Facilities Lease Budget
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Perkins Lease Agreement (DOCX)
08/15/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
8.D
Packet Pg. 23
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/20/2019 7:00 PM
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.D
Packet Pg. 24
LEASE AGREEMENT – Page 1 of 14
(between the City of Kent and Perkins)
LEASE AGREEMENT
THIS LEASE is entered into between CHARLIE AND SHIRLEY PERKINS, a married
couple ("Landlord"), whose mailing address is 17817 146th Avenue SE, Renton, WA 98058, and
THE CITY OF KENT, a Washington municipal corporation ("Tenant”), whose mailing address is
220 Fourth Avenue South, Kent, Washington 98032.
1. PREMISES
The Landlord hereby lets and leases to Tenant the property located at 715 W. Smith,
Kent, Washington. The area so leased is hereinafter called "the Premises" and is depicted in
Exhibit "A" attached and incorporated by this reference.
2. USE
The Premises shall be used only for any legal use, and for no other business or purpose
without the prior written consent of Landlord. No act shall be done on or around the Premises
that is unlawful or that will increase the existing rate of insurance on the Premises. Tenant shall
not commit or allow to be committed any waste upon the Premises, or any public or private
nuisance.
3. TERM
The Term of this Lease shall commence on September 1, 2019 (the “Commencement
Date”), and shall continue for a period of five (5) years. This Term may be extended for one
additional five (5) year period by written agreement between the parties. Except as specified
elsewhere in this Lease, Landlord represents and warrants to Tenant that the Premises, including
the structural condition of the Premises and the condition of all mechanical, electrical and other
systems on the Premises are in a safe, good and usable condition sufficient to meet Tenant’s
intended uses. Prior to the end of the Term, Tenant may terminate this Lease by giving
Landlord twenty (20) days written notice prior to the end of the month. Landlord may only
terminate this Agreement under an Event of Default by Tenant, as provided in this Lease.
4. RENT
Tenant shall pay Landlord the amount of Five Thousand Two Hundred Fifty and No/100
Dollars ($5,250.00) per month for the first two (2) years of the Lease Term, and shall pay Five
Thousand Four Hundred Seven and 50/100 Dollars ($5,407.50) per month for the remaining
three (3) years of the Lease Term. Tenant shall pay Landlord on or before the first day of each
month during the Lease Term, and will pay for the annual catch basin cleaning, and any other
additional payments due to Landlord (collectively the “Rent”) when required under this Lease.
Payments for any partial month at the beginning or end of the Lease Term shall be prorated.
Tenant shall endeavor to pay Landlord under this Lease by the fifth (5th) day of each
month. If any sums payable by Tenant to Landlord under this Lease are not received by the
fifteenth (15th) day of each month, Tenant shall pay Landlord, at Landlord’s option, One Hundred
and No/100 Dollars ($100.00) in addition to the amount due, for the cost of collecting and
handling such late payment. In addition, all delinquent sums payable by Tenant to Landlord and
not paid within fifteen (15) days of the due date shall, at Landlord’s option, bear interest at the
rate of eight percent (8%) per annum. Interest on all delinquent amounts shall be calculated
from the original due date to the date of payment.
5. SECURITY DEPOSIT
8.D.a
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LEASE AGREEMENT – Page 2 of 14
(between the City of Kent and Perkins)
Landlord acknowledges that Tenant has paid the sum of One Thousand and No/100
Dollars ($1,000.00) to Landlord as a Security Deposit under the prior lease for the Premises
between the parties dated March 28, 2006. Landlord may commingle the Security Deposit with
its other funds. If Tenant breaches an covenant or condition of this Lease, including but not
limited to the payment of Rent, Landlord may apply all or any part of the Security Deposit to the
payment of any sum in default and any damage suffered by Landlord as a result of Tenant’s
breach. In such event, Tenant shall, within five (5) days after written demand therefore by
Landlord, deposit with Landlord the amount so applied. Any payment to Landlord from the
Security Deposit shall not be construed as a payment of liquidated damages for any default. If
Tenant complies with all of the covenants and conditions of this Lease throughout the Lease
Term or any earlier termination as provided for in Section 3, the Security deposit shall be repaid
to Tenant without interest within thirty (30) days after the vacation of the Premises by Tenant.
6. TAXES
Tenant shall reimburse Landlord for all Taxes applicable to the Premises during the Lease
Term. Landlord shall present to Tenant a copy of a statement showing the amount paid by
Landlord for Taxes, along with satisfactory evidence that payment of Taxes has been made by
Landlord. Tenant shall then reimburse Landlord for Taxes with Tenant’s next rent installment.
If any Taxes paid by Tenant cover any period of time before or after the expiration of the Term
or any earlier termination as provided for in Section 3, Tenant’s share of those Taxes paid will
be prorated to cover only the period of time within the tax fiscal year during which this Lease
was in effect, and Landlord shall promptly reimburse Tenant to the extent required.
The term “Taxes” shall mean: (i) any form of real estate tax or assessment imposed on
the Premises by any authority, including any city, state or federal government, or any
improvement district, as against any legal or equitable interest of Landlord or Tenant in the
Premises or in the real property of which the Premises are a part, or against rent paid for leasing
the Premises; and (ii) any form of personal property tax or assessment imposed on any personal
property, fixtures, furniture, tenant improvements, equipment, inventory, or other items, and
all replacements, improvements, and additions to them, located on the Premises, whether owned
by Landlord or Tenant. “Taxes” shall include any net income tax imposed on Landlord for income
that Landlord receives under this Lease.
Tenant may contest the amount or validity, in whole or in part, of any Taxes at its sole
expense. Upon the termination of any such proceedings, Tenant shall pay the amount of such
Taxes or part of such Taxes as finally determined, together with any costs, fees, interest
penalties, or other related liabilities. Landlord shall cooperate with Tenant in contesting any
Taxes, provided Landlord incurs no expense or liability in doing so.
7. RE-DELIVERY
Tenant, at the expiration of the Term, any extension of the Term, or upon any sooner
termination of this Lease, will, without notice, quit and deliver up the Premises to the Landlord
peaceably, quietly, and in as good order and condition as the same now are, reasonable use and
wear excepted.
8. ALTERATIONS
Tenant may make alterations, additions or improvements to the Premises (“Alterations”),
with the prior written consent of Landlord, which shall not be unreasonably withheld. The term
“Alterations” shall not include the installation of shelves, moveable partitions, Tenant’s
8.D.a
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LEASE AGREEMENT – Page 3 of 14
(between the City of Kent and Perkins)
equipment, and trade fixtures that may be performed without damaging existing improvements
or the structural integrity of the Premises, and Landlord’s consent shall not be required for
Tenant’s installation of those items. Tenant shall complete the Alterations at Tenant’s expense
in compliance with all applicable laws and in accordance with plans and specifications approved
by Landlord, and using contractors approved by Landlord. Landlord shall be deemed the Owner
of all Alterations except for those which Landlord requires to be removed at the end of the Lease
Term or any earlier termination of the Lease. Tenant shall remove all Alterations at the end of
the Lease Term or any earlier termination of the Lease unless Landlord conditioned its consent
upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove
such Alteration. Tenant shall repair any damages to the Premises caused by the removal of
Alterations. If Tenant performs work with the consent of the Landlord, Tenant agrees to comply
with all laws, ordinances, rules, and regulations of the City, County, and any other authorized
public authority.
9. REPAIRS AND MAINTENANCE
The Premises are being leased “as is.” Landlord is not obligated to make any repairs to
the Premises, except as described in this Section. Tenant shall, at its sole expense, maintain
the Premises in good condition and promptly make all repairs and replacements, whether
structural or non-structural, necessary to keep the Premises in safe operating condition,
including all utilities and other systems serving the Premises, but excluding the roof, foundation
and exterior walls, which Landlord shall maintain in good condition and repair at Landlord’s
expense. Tenant shall not damage any demising wall or disturb the structural integrity of the
Premises and shall promptly repair any damage or injury done to any such demising walls or
structural elements caused by Tenant or its employees, agents, contractors, or invitees. Tenant
shall maintain the landscape in a neat and attractive manner. Notwithstanding anything in this
Section to the contrary, Tenant shall not be responsible for any repairs to the Premises made
necessary by the negligence or willful misconduct of Landlord or its agents, employees,
contractors or invitees therein.
10. ACCESS AND RIGHT OF ENTRY
After reasonable notice from Landlord (except in cases of emergency, where no notice is
required), Tenant shall permit Landlord and its agents, employees and contractors to enter the
Premises at all reasonable times to make repairs, inspections, alterations or improvements. This
Section shall not impose any repair or other obligation upon Landlord not expressly stated
elsewhere in this Lease. After reasonable notice to Tenant, Landlord shall have the right to enter
the Premises for the purpose of showing the Premises to prospective purchasers or lenders at
any time, and to prospective tenants within 180 days prior to the expiration or sooner
termination of the Lease Term, and for posting “for lease” signs within 180 days prior to the
expiration or sooner termination of the Lease Term.
11. SIGNAGE
Tenant shall obtain Landlord’s written consent before installing any signs upon the
Premises, which shall not be unreasonably withheld or delayed. Tenant shall install any approved
signage at Tenant’s sole expense and in compliance with all applicable laws. Tenant
shall not damage or deface the Premises in installing or removing signage and shall repair any
injury or damage to the Premises caused by such installation or removal.
12. DESTRUCTION OR CONDEMNATION
a. Damage and Repair. If the Premises are entirely destroyed or partially damaged by
8.D.a
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LEASE AGREEMENT – Page 4 of 14
(between the City of Kent and Perkins)
fire or other casualty, then Tenant may, at its sole option, within fourteen (14) days of
the event causing the damage, terminate this Lease by providing Landlord written notice
of termination. If Tenant does not terminate this Lease and if the Premises are partially
damaged but not rendered untenantable, Landlord shall diligently restore the Premises.
Landlord shall have no obligation to restore the Premises if insurance proceeds are not
available to pay the entire cost of such restoration. If insurance proceeds are available
to Landlord but are not sufficient to pay the entire cost of restoring the Premises, the
Landlord may elect to terminate this Lease and keep the insurance proceeds, by notifying
Tenant within thirty (30) days of the date of such casualty.
If the Premises are entirely destroyed and rendered untenantable, by fire or other
casualty, and if Tenant has not exercised its right to terminate as provided above,
Landlord may, at its option: (a) terminate this Lease as provided herein, or (b) restore
the Premises to their previous condition.
If Landlord restores the Premises under this Section, Landlord shall proceed with
reasonable diligence to complete the work, and the base monthly rent shall be abated in
the same proportion as the untenantable portion of the Premises bears to the whole
Premises, provided that there shall be a rent abatement only if the damage or destruction
of the Premises did not result from, or was not contributed to directly or indirectly by the
act, fault or neglect of Tenant, or Tenant’s officers, contractors, licensees, subtenants,
agents, servants, employees, guests, invitees or visitors. Provided Landlord complies
with its obligations under this Section, no damages, compensation or claim shall be
payable by Landlord for inconvenience, loss of business, or annoyance directly,
incidentally or consequentially arising from any repair or restoration for any portion of
the Premises. Landlord will not carry insurance of any kind for the protection of Tenant
or any improvements paid for by Tenant or as provided in Exhibit B or on Tenant’s
furniture or on any fixtures, equipment, improvements or appurtenances of Tenant under
this Lease, and Landlord shall not be obligated to repair any damage thereto or replace
the same unless the damage is caused by Landlord’s negligence or willful misconduct.
b. If the Premises are made untenantable by eminent domain, or conveyed under a threat
of condemnation, this Lease shall automatically terminate as of the earlier of the date
title vests in the condemning authority or the condemning authority first has possession
of the Premises and all Rents and other payments shall be paid to that date. In case of
taking of a part of the Premises that does not render the Premises untenantable, then
this Lease shall continue in full force and effect and the base monthly rental shall be
equitably reduced based on the proportion by which the floor area of any structures is
reduced, such reduction in Rent to be effective as of the earlier of the date the
condemning authority first has possession of such portion or title vests in the condemning
authority. Landlord shall be entitled to the entire award from the condemning authority
attributable to the value of the Premises and Tenant shall make no claim for the value of
its leasehold. Tenant shall be permitted to make a separate claim for the value of its
leasehold. Tenant shall be permitted to make a separate claim against the condemning
authority for moving expenses or damages resulting from interruption in its business,
provided that in no event shall Tenant’s claim reduce Landlord’s award.
13. UTILITIES
Landlord shall not be responsible for providing any utilities to the Premises, but
represents and warrants to Tenant that as of the Commencement Date, electricity, water, sewer
and telephone utilities are available at or adjacent to the Premises. Tenant shall determine
whether the available capacity of such utilities will meet Tenant’s needs. Tenant shall install and
8.D.a
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LEASE AGREEMENT – Page 5 of 14
(between the City of Kent and Perkins)
connect, if necessary, and directly pay for all water, sewer, gas, janitorial, electricity, garbage
removal, heat, telephone and other utilities and services used by Tenant on the Premises during
the Term, whether or not such services are billed directly to Tenant. Tenant will also procure,
or cause to be procured, without cost to Landlord, all necessary permits, licenses or other
authorizations required for the lawful and proper installation, maintenance, replacement and
removal on or from the Premises of wires, pipes, conduits, tubes and other equipment and
appliances for use in supplying all utilities or services to the Premises. Landlord, upon request
of Tenant, and at the sole expense and liability of Tenant, shall join with Tenant in any application
required for obtaining or continuing such utilities or services.
14. INSURANCE
a. Liability insurance. During the Lease Term, Tenant shall pay for and maintain
commercial general liability insurance with broad form property damage and
contractual liability endorsements. At Landlord’s option, this policy shall name
Landlord and Landlord’s lender(s) as an additional insured. This policy shall insure
Tenant’s activities and those of Tenant’s employees, officers, contractors, licensees,
agents, servants, employees, guests, invitees or visitors with respect to the Premises
against loss, damage or liability for personal injury or bodily injury (including death)
or loss or damage to property with a combined single limit of not less than
$1,000,000, and a self-insured retention of not more than $100,000. The insurance
will be non-contributory with any liability insurance carried by Landlord.
b. Property insurance. During the Lease Term, Tenant shall pay for and maintain
special form property insurance (with coverage for earthquake and, if the Premises
are in a flood plain, flood damage) for the Premises, in an amount sufficient to prevent
Landlord or Tenant from becoming a co-insurer under the terms of the policy, and in
an amount not less than the full replacement cost of the Premises, with a deductible
of not more than $10,000. The property insurance policy shall name Tenant as the
insured and Landlord and Landlord’s lender(s) as additional insureds, with loss
payable to Landlord, Landlord’s lender(s), and Tenant as their interests may appear.
In the event of a casualty loss on the Premises, Landlord may apply insurance
proceeds under the property insurance policy in the manner described in Section
12(a).
c. Miscellaneous. Insurance required under this Section shall be with companies rated
A-V or better in Best’s Insurance Guide, and which are authorized to transact business
in the State of Washington. No insurance policy shall be cancelled or reduced in
coverage and each such policy shall provide that it is not subject to cancellation or a
reduction in coverage except after thirty (30) days prior written notice to Landlord.
At Landlord’s option, Tenant shall deliver to Landlord upon commencement of the
Lease and from time to time thereafter, copies of the insurance policies or certificates
of insurance and copies of endorsements required by this Section. In no event shall
the limit of such policies be considered as limiting the liability of Tenant under this
Lease.
d. Waiver of Subrogation. Landlord and Tenant hereby release each other and any
other tenant, their agents or employees, from responsibility for, and waive their entire
claim of recovery for any loss or damage arising from any cause covered by insurance
required to be carried by each of them. Each party shall provide notice to the
insurance carrier or carriers of this mutual waiver of subrogation, and shall cause its
respective insurance carriers to waive all rights of subrogation against the other. This
waiver shall not apply to the extent of the deductible amounts to any such policies or
8.D.a
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LEASE AGREEMENT – Page 6 of 14
(between the City of Kent and Perkins)
to the extent of liabilities exceeding the limits of such policies.
15. INDEMNIFICATION/HOLD HARMLESS
Tenant shall defend, indemnify and hold Landlord harmless against all liabilities,
damages, costs and expenses, including attorneys’ fees, for personal injury, bodily injury
(including death) or property damage arising from any negligent or wrongful act or omission of
Tenant or Tenant’s officers, contractors, licensees, subtenants, agents, servants, employees,
guests, invitees, or visitors on or around the Premises, or arising from any breach of this Lease
by Tenant. Tenant shall use legal counsel acceptable to Landlord in defense of any action within
Tenant’s defense obligation. Landlord shall defend, indemnify and hold Tenant harmless against
all liabilities, damages, costs, and expenses, including attorneys’ fees, for personal injury, bodily
injury (including death) or property damage arising from any negligent or wrongful act or
omission of Landlord or Landlord’s officers, contractors, licensees, agents, servants, employees,
guests invitees or visitors on or around the Premises, or arising from any breach of this Lease
by Landlord. Landlord shall use legal counsel acceptable to Tenant in defense of any action
within Landlord’s defense obligation. The provisions of this Section shall survive expiration or
termination of this Lease.
16. LIENS AND INSOLVENCY
Tenant shall keep the Premises and property in which the Premises are situated, free
from any liens arising out of any work performed, materials furnished, or obligations incurred by
Tenant. Tenant shall indemnify and hold Landlord harmless from liability for any such liens
including, without limitation, liens arising from any Alterations. If a lien is filed against the
Premises by an person claiming by, through or under the Tenant, Tenant shall, upon request of
Landlord, at Tenant’s expense, immediately furnish to Landlord a bond in form and amount and
issued by a surety satisfactory to Landlord, indemnifying Landlord and the Premises against all
liabilities, costs and expenses, including attorneys’ fees, which Landlord could reasonably incur
as a result of such lien(s).
17. ASSIGNMENT
Tenant shall not assign, sublet, mortgage, encumber or otherwise transfer any interest
in this Lease (collectively referred to as a “Transfer”) or any part of the Premises, without first
obtaining Landlord’s written consent, which shall not be unreasonably withheld or delayed. No
Transfer shall relieve Tenant of any liability under this Lease notwithstanding Landlord’s
consent to such Transfer. Consent to any such Transfer shall not operate as a waiver of the
necessity for Landlord’s consent to any subsequent Transfer.
As a condition to Landlord’s approval, if given, any potential assignee or sublessee
otherwise approved by Landlord shall assume all obligations of Tenant under this Lease and
shall be jointly and severally liable with Tenant and any guarantor, if required, for the payment
of Rent and performance of all terms of this Lease. In connection with any Transfer, Tenant
shall provide Landlord with copies of all assignments, subleases and assumption instruments.
This Lease shall be assignable by Landlord without the consent of Tenant. In the event
of any transfer or transfers of Landlord’s interest in the Premises, other than a transfer for
security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be
automatically relieved of obligations and liabilities accruing from and after the date of such
transfer, except for any retained security deposit or prepaid rent, and Tenant shall attorn to
the transferee.
8.D.a
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LEASE AGREEMENT – Page 7 of 14
(between the City of Kent and Perkins)
Notwithstanding the foregoing, on June 8, 2011, Landlord consented in writing to allow
Tenant to enter into a sublease agreement with the Kent Lions Club for a portion of the
Premises, and Landlord’s consent for the sublease with the Kent Lions Club remains in effect
for this Lease.
18. DEFAULT
The following occurrences shall each be deemed an Event of Default:
a. Failure to Pay. Tenant fails to pay any sum, including Rent, due under this Lease
following fourteen (14) days written notice from Landlord of the failure to pay.
b. Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at
least fifteen (15) consecutive days without prior notice to Landlord), or Tenant abandons
the Premises (defined as an absence of five (5) days or more while Tenant is in breach
of some other term of this Lease). Tenant’s vacation or abandonment of the Premises
shall not be subject to any notice or right to cure.
c. Insolvency. Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or a
receiver, assignee or other liquidating officer is appointed for Tenant’s business, provided
that in the event of any involuntary bankruptcy or other insolvency proceedings, the
existence of such proceeding shall constitute an Event of Default only if such proceeding
is not dismissed or vacated within sixty (60) days after its institution or commencement.
d. Levy or Execution. Tenant’s interest in this Lease or the Premises, or any part thereof,
is taken by execution or other process of law directed against Tenant, or is taken upon
or subjected to any attachment by any creditor of Tenant, if such attachment is not
discharged within fifteen (15) days after being levied.
e. Other Non-Monetary Defaults. Tenant breaches any agreement, term or covenant of
this Lease other than one requiring the payment of money and not otherwise enumerated
in this Section, and the breach continues for a period of thirty (30) days after notice by
Landlord to Tenant of the breach.
19. REMEDIES
Landlord shall have the following remedies upon an Event of Default. Landlord’s rights
and remedies under this Lease shall be cumulative, and none shall exclude any other right or
remedy allowed by law.
a. Termination of Lease. If an Event of Default occurs, Landlord may terminate Tenant’s
interest under the Lease by giving thirty (30) days written notice of termination from
Landlord to Tenant. The Lease shall terminate on the date specified in the notice of
termination. Upon termination of this Lease, Tenant will remain liable to Landlord for
damages in an amount equal to the rent and other sums that would have been owing by
Tenant under this Lease for the balance of the Lease Term, less the net proceeds, if any,
of re-letting of the Premises by Landlord subsequent to the termination, after deducting
all Landlord’s Reletting Expenses (as defined below). Landlord shall be entitled to either
collect damages from Tenant monthly on the days on which rent or other amounts would
have been payable under the Lease, or alternatively, Landlord may accelerate Tenant’s
obligations under the Lease and recover from Tenant: (i) unpaid rent which had been
earned at the time of termination; (ii) the amount by which the unpaid rent which would
have been earned after termination until the time the award exceeds the amount of rent
8.D.a
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LEASE AGREEMENT – Page 8 of 14
(between the City of Kent and Perkins)
loss that Tenant proves could reasonably have been avoided; (iii) the amount by which
the unpaid rent for the balance of the Term of the Lease after the time of the award
exceeds the amount of rent loss that Tenant proves could reasonably be avoided
(discounting such amount by the discount rate of the Federal Reserve Bank of San
Francisco at the time of the award, plus 1%); and (iv) any other amount necessary to
compensate Landlord for all the detriment proximately caused by Tenant’s failure to
perform its obligations under the Lease, or which in the ordinary course would be likely
to result from the Event of Default, including without limitation, Reletting Expenses
described in the following Section.
b. Re-Entry and Reletting. Landlord may continue this Lease in full force and effect, and
without demand or notice, re-enter and take possession of the Premises or any part
thereof, expel the Tenant from the Premises and anyone claiming through or under the
Tenant, and remove the personal property of either. Landlord may relet the Premises,
or any part of them, in Landlord’s or Tenant’s name for the account of Tenant, for such
period of time and at such other terms and conditions, as Landlord, in its discretion, may
determine. Landlord may collect and receive the rents for the Premises. Re-entry or
taking possession of the Premises by Landlord under this Section shall not be construed
as an election on Landlord’s part to terminate this Lease, unless a written notice of
termination is given to Tenant. Landlord reserves the right following any re-entry or
reletting, or both, under this Section to exercise its right to terminate the Lease. Tenant
will pay Landlord the rent and other sums which would be payable under this Lease if
repossession had not occurred, less the net proceeds, if any, after reletting the Premises,
after deducting Landlord’s Reletting Expenses. “Reletting Expenses” is defined to include
all expenses incurred by Landlord in connection with reletting the Premises, including
without limitation, all repossession costs, brokerage commissions, attorneys’ fees,
remodeling and repair costs, costs for removing and storing Tenant’s property and
equipment, and tenant improvements and rent concessions granted by Landlord to any
new Tenant, for a period of six (6) months from date of default.
c. Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons
claiming through or under Tenant, including creditors of any kinds, hereby waives and
surrenders all rights and privileges which they may have under any present or future law,
to redeem the Premises or to have a continuance of this Lease for the Lease Term, as it
may have been extended.
d. Nonpayment of Additional Rent. All costs which Tenant agrees to pay to Landlord
pursuant to this Lease shall in the event of nonpayment be treated as if they were
payments of Rent, and Landlord shall have all the rights herein provided for in case of
nonpayment of Rent.
e. Failure to Remove Property. If Tenant fails to remove any of its property from the
Premises at Landlord’s request following an uncured Event of Default, Landlord may, at
its option, remove and store the property at Tenant’s expense and risk. If Tenant does
not pay the storage costs within five (5) days of Landlord’s request, Landlord may, at its
option, have any or all of such property sold at public or private sale (and Landlord may
become a purchaser at such sale), in such manner as Landlord deems proper, upon
written notice to Tenant. Landlord shall apply the proceeds of such sale: (i) to the
expense of such sale, including reasonable attorneys’ fees actually incurred; (ii) to the
payment of the costs or charges for storing such property; (iii) to the payment of any
other sums of money which may then be or thereafter become due Landlord from Tenant
under any of the terms hereof; and (iv) the balance, if any to Tenant. Nothing in this
Section shall limit Landlord’s right to sell Tenant’s personal property as permitted by law
8.D.a
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LEASE AGREEMENT – Page 9 of 14
(between the City of Kent and Perkins)
or to foreclose Landlord’s lien for unpaid rent.
20. HAZARDOUS MATERIALS
Landlord represents and warrants to Tenant that to the best of Landlord’s knowledge,
there is no “Hazardous Material” (as defined below) on, in or under the Premises as of the
Commencement Date, excepts as otherwise disclosed to Tenant in writing before the execution
of this Lease.
Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or
used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors
or invitees, except in strict compliance with all applicable federal, state and local laws,
regulations, codes and ordinances
As used herein, the term “Hazardous Material” means any hazardous, dangerous, toxic
or harmful substance, material or waste including biomedical waste which is or becomes
regulated by any local governmental authority, the State of Washington or the United States
government due to its potential harm to the health, safety or welfare of humans or the
environment. The provisions of this Section shall survive expiration or termination of this Lease.
21. NOTICES
All notices to be given by the parties hereto shall be in writing and effective (i) when
delivered in person, or (ii) three (3) days after being sent by United States registered or certified
mail, postage prepaid, to Landlord or Tenant at the below-listed addresses or a later changed
address provided in writing:
LANDLORD:
Charlie and Shirley Perkins
17817 146th Avenue SE
Renton, WA 98058
(425) 226-1953
TENANT:
City of Kent
Attn: Facilities Management Superintendent
220 Fourth Avenue S
Kent, Washington 98032
(253) 856-5700
22. NON-WAIVER
The failure of Landlord to insist upon strict performance of any of the covenants and
agreements of this Lease, or to exercise any option herein conferred in any one or more
instances, shall not be construed to be a waiver or relinquishment of the covenants and
agreements of this Lease, or any other covenant or agreements, but the same shall be and
remain in full force and effect. The acceptance by Landlord of Rent or other amounts due by
Tenant hereunder shall not be deemed to be a waiver of any breach by Tenant preceding such
acceptance.
23. COSTS AND ATTORNEYS FEES
8.D.a
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LEASE AGREEMENT – Page 10 of 14
(between the City of Kent and Perkins)
If by reason of any default on the part of Tenant it becomes necessary for Landlord to
use an attorney, or if Tenant shall bring any action for any relief against Landlord, declaratory
or otherwise, arising out of this Lease, each party shall pay its own legal costs and attorney fees,
including costs and fees for any appeals.
24. HEIRS AND SUCCESSORS
Subject to the assignment and subletting provisions, the covenants and agreements of
this Lease shall bind the heirs, executors, administrators, legal representatives, successors and
assigns of any or all of the parties.
25. HOLDOVER
If Tenant shall, without the written consent of Landlord, holdover after the expiration or
termination of this Lease, such tenancy shall be a month to month tenancy, terminable as
provided by the laws of the State of Washington. During such tenancy, the rate of rental shall
remain equal to the rate last payable under this Lease.
26. SUBORDINATION
This Lease shall automatically be subordinate to any mortgage or deed of trust created
by Landlord which is no existing or hereafter placed upon the Premises including any advances,
interest, modifications, renewals, replacements or extensions (“Landlord’s Mortgage”), provided
the holder of any Landlord’s Mortgage or any person(s) acquiring the Premises at any sale or
other proceeding under any such Landlord’s Mortgage shall elect to continue this Lease in full
force and effect. Tenant shall attorn to the holder of any Landlord’s Mortgage or any person(s)
acquiring the Premises at any sale or other proceeding under any Landlord’s Mortgage provided
such person(s) assume the obligations of Landlord under this Lease. Tenant shall promptly and
in no event later than fifteen (15) days after request execute, acknowledge and deliver
documents which the holder of any Landlord’s Mortgage may reasonably require as further
evidence of this subordination and attornment. Notwithstanding the foregoing, Tenant’s
obligations under this Section are conditioned on the holder of each Landlord’s Mortgage and
each person acquiring the Premises at any sale or other proceeding under any such Landlord’s
Mortgage not disturbing Tenant’s occupancy and other rights under this Lease, so long as no
uncured Event of Default exists.
27. QUIET ENJOYMENT
So long as Tenant pays the Rent and performs all of its obligations in this Lease, Tenant’s
possession of the Premises will not be disturbed by Landlord or any claiming by, through, or
under Landlord, or by the holders of any mortgage of Landlord, or any successor thereto.
28. GENERAL
a. Entire Agreement. This Lease contains all of the covenants and agreements between
Landlord and Tenant relating to the Premises. No prior or contemporaneous agreements
or understanding pertaining to the Lease shall be valid or of any force or effect and the
covenants and agreements of this Lease shall not be altered, modified or added to except
in writing signed by Landlord and Tenant.
b. Severability. Any provision of this Lease which shall prove to be invalid, void or illegal
shall in no way affect, impair or invalidate any other provision of this Lease.
8.D.a
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LEASE AGREEMENT – Page 11 of 14
(between the City of Kent and Perkins)
c. Force Majeure. Tim periods for either party’s performance under any provisions of this
Lease (excluding payment of Rent) shall be extended for periods of time during which
the party’s performance is prevented due to circumstances beyond such party’s control,
including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes,
governmental regulations, acts of God, public enemy, war or other strife.
d. Governing Law. This Lease shall be governed by and construed in accordance with the
laws of the State of Washington.
e. Authority of Parties. Any individual signing this Lease on behalf of an entity represents
and warrants to the other that such individual has authority to do so and, upon such
individual’s execution, that this Lease shall be binding upon and enforceable against the
party on behalf of whom such individual is signing.
f. Effective Date: This Lease Agreement shall take effect and commence on the last date
entered under the Landlord’s or the Tenant’s signatures below.
The foregoing conditions are mutually agreed to by Landlord and Tenant.
LANDLORD(S): TENANT:
CITY OF KENT
Charlie Perkins By: Dana Ralph
Dated: Its: Mayor
Dated:
Shirley Perkins
Dated:
APPROVED AS TO FORM:
_____________________________
Kent Law Department
8.D.a
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LEASE AGREEMENT – Page 12 of 14
(between the City of Kent and Perkins)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 2019, before me a Notary Public in and for the State
of Washington, personally appeared Charlie Perkins, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument and acknowledged it to be his/her free and voluntary act and deed for the
uses and purposes mentioned in this instrument.
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 2019, before me a Notary Public in and for the State
of Washington, personally appeared Shirley Perkins, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person who executed this
instrument and acknowledged it to be his/her free and voluntary act and deed for the
uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.D.a
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LEASE AGREEMENT – Page 13 of 14
(between the City of Kent and Perkins)
STATE OF WASHINGTON )
: ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Dana Ralph is
the person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she is authorized to execute the instrument on
behalf of the City of Kent as its Mayor, and such execution to be the free and
voluntary act of such party for the uses and purposes mentioned in the foregoing
instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
8.D.a
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LEASE AGREEMENT – Page 14 of 14
(between the City of Kent and Perkins)
8.D.a
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DATE: August 20, 2019
TO: Kent City Council
SUBJECT: Kent Meridian Pool Lease Termination - Authorize
MOTION: Authorize the Mayor give notice required by the Lease Agreement
to terminate the City’s lease with the Kent School District for the Kent
Meridian Pool, and authorize the Mayor to sign all documents necessary to
transfer titled ownership of the pool to the Kent School District for its
continued operation or demolition as the lease agreement provides and the
School District determines is appropriate, subject to final terms and
conditions acceptable to the Parks Director and City Attorney.
SUMMARY: King County and the Kent School District entered into a lease
agreement 40 years ago for a pool to be built by King County on school district
property. In 2002, King County was faced with a $52 million budget shortfall and
could no longer continue operating the Kent Meridian Pool. In an effort to keep the
pool open, in 2003, the City of Kent agreed to assume King County’s lease and
entered into an assignment agreement, which transferred the lease and operation
of the Kent Meridian Pool to the City of Kent.
The lease agreement with the Kent School District was scheduled to expire on May
25, 2011. On May 3, 2011, the City Council authorized a ten-year lease extension
with a new expiration date of May 25, 2021. However, Section 1.1 of the lease
extension agreement authorizes the City to terminate the Lease with 90 days’
written notice.
Through the original conveyance of this property from King County, it was made
clear that the pool’s 40-year useful life expired in 2011. Since then, the City has
made considerable efforts to keep the pool operating to the best of its financial
ability, spending on average $30,000 per year in maintenance and repairs. Since
the City took over operation of the Kent Meridian Pool, it has spent over $515,000
in maintenance and operation costs and over $1.3 million in operating subsidy. The
pool continues to need significant capital re-investment in order to continue
operating.
In 2005, Kent Parks advanced a multi-year community feasibility process to build a
new pool and community center, located at the City’s ‘Naden’ property, which
turned out to not be financially feasible for the City to pursue. In 2018, the City
negotiated an agreement with the YMCA of Greater Seattle to bring a new YMCA
8.E
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facility to the Kent community, which could provide a substitute pool along with
additional community benefits.
The previous operator of the pool, Aquatics Management Group, Inc. was given
early notification of the City’s intent to no longer operate the pool and has now
vacated the premises per its operating agreement. The Kent Meridian Pool officially
closed its doors to the public on July 31, 2019. The new Kent YMCA will be open in
September 2019.
It is now appropriate to terminate the lease agreement and turn ownership over to
the Kent School District, so it can either demolish the pool as the agreement
provides or elect to continue operation at the sole cost and expense to the school
district.
BUDGET IMPACT: Operating subsidy for the pool operator will be reduced and
transferred to the Kent YMCA per its long-term operating agreement. There will be
identified savings in the Facilities Internal Service Fund that will be re-purposed into
other project priorities. Cost to demolition and/or decommission the Kent Meridian
Pool is at the sole expense of the Kent School District, per item 4.4 (pg 5) of the
lease agreement.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services
ATTACHMENTS:
1. Assignment Agreement (PDF)
2. Lease Extension Agreement (PDF)
08/15/19 Parks and Human Services Committee
RECOMMENDED TO COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/20/2019 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer
8.E
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t•
1.Lease Term. The term of this Lease Extension shall be for five (5)
years and shall commence on May 26, 2011 (the "Commencement Date")
and shall end on May 25, 2016; subject to the early termination right that
is provided in paragraph 1.1 below. Additionally, Lessee shall have the
option to renew this Lease Extension for five (5) add1t1onal one (1) year
terms ("Renewal Term") with the same covenants and cond1t1ons set forth
herein without additional action of the City Council. Lessee may exercise
the right to a Renewal Term by providing Lessor written notice at least
thirty (30) days prior to the commencement of the successive Renewal
Term. Upon expiration of the Lease Extension, the terms, covenants and
conditions of this Lease Extension shall terminate, unless spec1f1cally
stated to survive termination.
1.1 Given the age of the facility and high costs of operating
it, and the Lessor's interest in using school fac1l1t1es for school
purposes, each party shall have a right of early term1nat1on of the
Lease on the following groun ds. City may terminate the Lease
upon no less than ninety (90) days' written notice of intent to
terminate transmitted to the District in the event that the City
Council determines 1t cannot feasibly operate the Pool. District may
terminate upon no less than ninety (90) days' written notice of
intent to terminate transmitted to the City 1n the event that the
School Board determines that it needs the property for any school
business purpose.
2.Indemnity. The indemnification provisions of the Lease shall be
amen ded as follows:
2.1 Except as provided for in section 2.2, the Lessor shall not be
liable for any inJury to any person or for any loss of or damage to any
property occurring in or about the Premises or Pool and caused by or
resulting from any act or omission by any officer, agent, employee, guest,
invitee, or v1s1tor of Lessee, and, during the term hereof, Lessee agrees and
covenants to indemnify, defend, and hold harmless the Lessor and those
persons who were, now are, or shall be duly elected or appointed officials or
members or employees or agents thereof, against and from any loss,
dama ge, costs, charge, expense, l1abil1ty, claim, demand, or Judgments of
whatsoever kind or nature whether to persons or property, to the extent
arising on the Premises, 1n the Pool, or on any areas adJoining the same,
which 1s under the control or use of Lessee pursuant to this lease and arising
out of or in connection with Tenant's use and occupancy of the Premises.
2.2 Lessor agrees and covenants to indemnify, defend, and hold
harmless the Lessee, its officers, employees, and agents thereof, against and
from any loss, damage, costs, charge, expense, liability, claim, demand, or
Judgment of whatsoever kind or nature whether to persons or property,
Lease Extension Agreement -Page 2
(Between Kent School o,stnct No. 415
and the City of Kent)
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DATE: August 20, 2019
TO: Kent City Council
SUBJECT: Introduce Verizon Small Cell Franchise Ordinance
No Action Required - Introduction Only
SUMMARY: The City has been negotiating franchise agreements with a number of
telecommunications companies that are seeking to deploy new small cell equipment
on Puget Sound Energy utility poles throughout the City. The City adopted a
franchise with AT&T earlier this year. Small cells are a relatively new wireless
technology and are low-powered with a smaller profile than traditional wireless
communication facilities, i.e., monopoles. They are deployed to provide additional
capacity for networks and sometimes to provide coverage in areas where the
traditional cell phone towers are challenged by terrain or buildings. As consumers’
reliance upon mobile devices continues to increase, wireless infrastructure must
continue to be upgraded and improved to keep up with demand. By all accounts
small cells will be integral to the future deployment of 5G wireless technology.
Accordingly, small cell deployment is expected to increase dramatically, with
hundreds of individual cells deployed throughout the City.
The installation of small cells raises safety and aesthetic concerns and will consume
considerable City resources, including staff time. Small cell equipment can be small
and compact, but can also be the size of a small refrigerator. Deploying this
equipment on existing utility poles often means that the pole must be replaced to
accommodate the additional load. Electrical safety standards must also be met,
leading to the installation of taller replacement poles. Importantly, small cells also
require fiber optics. Fiber is attached to small cells via conduits installed on the
poles. Additionally, this fiber must run either aerially on wires or be installed
underground. All of these small cell components directly impact the City’s rights-of-
way.
The legal landscape surrounding this technology has changed on federal and local
levels. Recent action by the Federal Communications Commission has significantly
limited local control over small cell deployments and requires the City to act on
applications within compressed timelines. In response, the City has updated its
code to establish a specific franchise application process and has established design
standards and aesthetic requirements for small cells located within the right-of-
way.
8.F
Packet Pg. 90
The terms of the franchise agreement with Verizon Wireless include these new
design standards and more broadly, attempt to balance the desire to embrace new
technology with the need to address the safety and aesthetic concerns this
technology raises. At the same time, it is the City’s intention that these terms to be
flexible enough to accommodate the 5G equipment that is still being developed.
Because small cell technology and the legal landscape surrounding it will continue
to evolve, the franchise term was set for five years. Additionally, the franchise
includes terms governing the relocation of small cell facilities to accommodate
public improvements; requirements for the franchisee to keep detailed records of
its facilities; and stiff penalties for the installation of unauthorized facilities.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government
ATTACHMENTS:
1. Verizon - Small Cell Franchise Ordinance (PDF)
2. Exhibit A to Verizon Small Cell Franchise (PDF)
3. Exhibit B to Verizon Small Cell Franchise (PDF)
8.F
Packet Pg. 91
1 Small Cell Franchise Agreement--
Verizon Wireless
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, granting to Seattle SMSA
Limited Partnership, dba Verizon Wireless, and its
affiliates, successors and assigns, the right,
privilege, authority and nonexclusive franchise for
five years, to construct, maintain, operate, replace
and repair a small cell telecommunications
network, in across, over, along, under, through and
below certain designated public rights-of-way of
the City of Kent, Washington.
RECITALS
A. Seattle SMSA Limited Partnership, dba Verizon Wireless, (the
“Franchisee”) has requested that the City Council grant it a nonexclusive
franchise (this “Franchise”) to construct, maintain, operate, repair, upgrade,
remove, replace and restore small cell networks in the City’s right-of-way;
and
B. The City Council has the authority to grant franchises for the
use of its streets and other public properties pursuant to RCW 35A.47.040.
C. Small cell facilities are relatively new technology deployed by
wireless providers to meet the evolving needs of consumers and their
increased reliance upon mobile devices. To meet demand, wireless
infrastructure must continue to be upgraded and improved.
8.F.a
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2 Small Cell Franchise Agreement--
Verizon Wireless
D. In contrast to the familiar cell phone towers and monopoles,
small cells are low-powered and low profile wireless base stations that
function like cells in a mobile wireless network and typically cover localized
(smaller) areas. Wireless providers use small cells to provide connectivity in
areas where the coverage and capacity of traditional cell towers are
challenged by terrain or buildings and they also use small cells to provide
enhanced capacity to users (e.g., more data, more quickly). Because they
are smaller, small cells are often mounted to existing structures within the
right-of-way, such as utility poles and light poles.
E. Small cell facilities and networks will also be integral to the
deployment of the next generation of wireless service, known as “5G” or “5th
Generation.” Wireless providers and the Federal Communications Commission
claim that 5G will provide additional capacity in existing networks for
emergency service, increased data use, telecommuting, and the support of
Internet of Things applications.
F. The City embraces and supports small cell technology and the
advances the City expects it to provide, yet also has a fundamental role to
manage the rights-of-way fairly for the residents and tax-payers and protect
the City’s significant investments of time, resources and money in
construction, design standards and undergrounding of utilities.
G. In order to balance the deployment of new technology with the
City’s role to manage the rights-of-way, this franchise includes robust, yet
flexible design standards for the small cells. It also includes requirements to
keep a detailed record of small cell installations, relocation requirements and
penalties for unauthorized installations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
8.F.a
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3 Small Cell Franchise Agreement--
Verizon Wireless
ORDINANCE
SECTION 1. - Definitions. In addition to terms otherwise defined
herein, the following definitions shall apply generally to the provisions of
this Franchise.
1.1 “Director” means the Public Works Director, the Economic and
Community Development Director, or his/her designee.
1.2 “Rights-of-Way” (singular “Right-of-Way”) as used in this Franchise,
means the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk,
way, lane, public way, drive, circle, pathways, spaces, or other public
right-of-way, and over which the City has authority to grant permits,
licenses or franchises for use thereof, or has regulatory authority
thereover. Rights-of-Way for the purpose of this Franchise do not include
railroad right-of-way, airports, harbor areas, buildings, parks, poles,
conduits, open spaces, nature trails, dedicated but un-opened right-of-
way, undedicated streets and/or right-of-way, environmentally sensitive
areas and any land, facilities, or property owned, maintained, or leased by
the City in its governmental or proprietary capacity or as an operator of a
utility.
1.3 “Small Cell Equipment” or “Small Cell Facilities” means Wireless
Telecommunications Facilities attached, mounted, or installed on a
proprietary or leased pole, excluding monopole towers, that is located in
Right-of-Way and used to provide “personal wireless service” as defined in
Title 47, United States Code, Section 332(c)(7)(C), including all future
amendments and is substantially similar in aesthetics and proportion to
those pictured in Exhibit A.
8.F.a
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4 Small Cell Franchise Agreement--
Verizon Wireless
1.4 “Utility Pole” means a pole or vertical structure owned by a utility
company or other third party with the right either pursuant to state law or
a franchise to place such facilities in the Right-of-Way. An “Original Utility
Pole” is a pole that has not been replaced to accommodate Small Cell
Facilities, but that is capable of accommodating Small Cell Facilities. A
“Replacement Utility Pole” means a pole that replaces an Original Utility
Pole to accommodate Small Cell Facilities and does not result in an
increase in the total number of Utility Poles. Each reference to a Utility
Pole herein includes any Original Utility Pole and any Replacement Utility
Pole.
SECTION 2. – Franchise Granted.
2.1 Pursuant to RCW 35A.47.040, the City of Kent, a Washington
municipal corporation (“City”), hereby grants to Franchisee, its successors,
legal representatives and assigns, subject to the terms and conditions set
forth below, a non-exclusive Franchise for a period of five (5) years
beginning on the effective date of this ordinance, set forth in Section 48.
2.2 This Franchise ordinance grants Franchisee the right, privilege, and
authority to construct, operate, maintain, replace, relocate, restore,
upgrade, remove, excavate, acquire, and use the Small Cell Facilities, as
defined in Section 1.3, for its telecommunications network, in, under, on,
across, over, through, along or below the public Rights-of-Way located in
the City of Kent, as approved pursuant to City codes and permits issued
pursuant to this Franchise. This Franchise does not authorize the
installation of any ground mounted equipment anywhere within the
Rights-of-Way.
2.3 This Franchise shall not prevent the City from granting franchises
in, along, over, through, under, below, or across any Rights-of-Way. This
Franchise shall not prevent or prohibit the City from using any Rights-of-
8.F.a
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5 Small Cell Franchise Agreement--
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Way or affect its jurisdiction over any Rights-of-Way or any part of Rights-
of-Way. The City shall retain power to make all necessary changes,
relocations, repairs, maintenance, establishment, improvement, dedication
of Right-of-Way as the City deems fit, including the dedication,
establishment, maintenance, and improvement of all new Rights-of-Way,
thoroughfares, and other public properties of every type and description.
SECTION 3. - Grant of Authority Limited.
3.1 The authority granted by this Franchise is a limited authorization to
occupy and use the Rights-of-Way throughout the City (the “Franchise
Area”). The Franchisee is authorized to place its Facilities in the Rights-of-
Way only consistent with this Franchise, the City of Kent Zoning Code, the
Comprehensive Plan, the Area Design and Construction Standards and the
Kent Municipal Code (collectively the “Codes”). Nothing contained herein
shall be construed to grant or convey any right, title, or interest in the
Rights-of-Way of the City to the Franchisee other than for the purpose of
providing telecommunications services. Franchisee hereby warrants that it
expects to provide the following services within the City: small cell
network consisting of a collection of interrelated Small Cell Facilities
designed to deliver personal wireless services (the “Services”). Services
do not include personal wireless services and associated facilities that fall
outside of the definition of Small Cell Facilities (i.e., macro facilities).
3.2 This Franchise does not grant Franchisee the right to install and
operate wires and facilities to provide wireline broadband transmission
services, whether provided by a third party provider, Franchisee, or a
corporate affiliate of Franchisee. Any entity that provides such wireline
broadband transmission services must have an independent franchise to
use the Rights-of-Way outside of this Franchise. Further, this Franchise
does not grant the right to offer cable internet services or Cable Services
as those terms are defined in 47 U.S.C. § 522(6) by wireline transmission.
8.F.a
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6 Small Cell Franchise Agreement--
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3.3 This Franchise does not grant Franchisee the right to install any
facility, infrastructure, wires, lines, cables, or other equipment, on any
City property other than a Right-of-Way, or upon private property without
the owner’s consent, or upon or in any City, public or privately owned
poles or conduits.
3.4 Nothing within this Franchise shall be construed to grant or convey
any right, title, or interest in the Rights-of-Way of the City to Franchisee
other than for the purpose of providing the Services, or to subordinate the
primary use of the Right-of-Way as a public thoroughfare.
3.5 If Franchisee desires to expand the Services provided within the
City, it shall request a written amendment to this Franchise. If Franchisee
desires to use City owned property, including poles and structures within
the Rights-of-Way it shall enter into a separate lease or license agreement
with the City.
3.6 Franchisee shall have the right, without prior City approval, to lease
the Facilities, grant a right of user interest in the Facilities or any portion
thereof or offer or provide capacity or bandwidth to its lessees or
customers consistent with this Franchise provided:
a. Franchisee at all times retains exclusive control over its
telecommunications system, Facilities and Services and
remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and
conditions of this Franchise;
b. Franchisee may not grant rights to any customer or lessee
that are greater than any rights Franchisee has pursuant to
this Franchise;
c. Such customer or lessee shall not be construed to be a third-
party beneficiary under this Franchise; and
8.F.a
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7 Small Cell Franchise Agreement--
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d. No such customer or lessee may use the telecommunications
system or Services for any purpose not authorized by this
Franchise, nor to sell or offer for sale any service to the
citizens of the City without all required business licenses,
franchise or other form of state wide approval.
SECTION 4. - Location of Facilities.
4.1 Franchisee may locate its Facilities anywhere within the Franchise
Area consistent with the City’s Design and Construction Standards and
area design and construction standards and subject to the City’s applicable
Code requirements. Franchisee shall not be required to amend this
Franchise to construct or acquire Facilities within the Franchise Area,
provided that Franchisee does not expand its Services beyond those
described in Section 3.1.
4.2 To the extent that any Rights-of-Way within the Franchise Area are
part of the state highway system (“State Highways”) and are governed by
the provisions of chapter 47.24 RCW and applicable Washington State
Department of Transportation (“WSDOT”) regulations, Franchisee shall
comply fully with these requirements in addition to local ordinances and
other applicable regulations. Without limitation of the foregoing,
Franchisee specifically agrees that:
a. any pavement trenching and restoration performed by
Franchisee within State Highways shall meet or exceed
applicable WSDOT requirements;
b. any portion of a State Highway damaged or injured by
Franchisee shall be restored, repaired and/or replaced by
Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
8.F.a
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8 Small Cell Franchise Agreement--
Verizon Wireless
c. without prejudice to any right or privilege of the City, WSDOT
is authorized to enforce in an action brought in the name of
the State of Washington any condition of this Franchise with
respect to any portion of a State Highway.
SECTION 5. - Relocation of Small Cell Facilities.
5.1 Relocation Requirement. Franchisee agrees to protect, support,
temporarily disconnect and then reconnect, relocate, or remove from any
Rights-of-Way any of its Facilities when reasonably required by the City by
reason of traffic conditions, public safety, dedications of new Rights-of-
Way, the establishment and improvement of new Rights-of-Way, widening
or improvement of existing Rights-of-Way or both, street vacations,
freeway construction, change or establishment of street grade, or the
construction of any public improvement or structure by any governmental
agency acting in a governmental capacity or as otherwise necessary for
the operations of the City or other governmental entity. Collectively, such
matters are referred to within this Franchise with the term “Public
Improvement.”
5.2 Relocation. If the request for relocation from the City arises from a
Public Improvement, in which structures or poles are either replaced or
removed, then Franchisee shall relocate or remove its Facilities as required
by the City, and at no cost to the City, subject to the procedure in Section
5.4. Franchisee acknowledges and agrees that the placement of Small
Cell Facilities on third-party owned or City owned structures does not
convey an ownership interest in such structures. Franchisee acknowledges
and agrees, that to the extent Franchisee’s Small Cell Facilities are on
poles owned by third parties, the City shall not be responsible for any
costs associated with requests for relocation which the City makes solely
for aesthetic purposes and where such request arises out of a Public
Improvement.
8.F.a
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9 Small Cell Franchise Agreement--
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5.3 Locate. Upon written request of the City, or a third party
performing work in the Right-of-Way, and in order to facilitate the design
of City street and Right-of-Way improvements, Franchisee agrees, at its
sole cost and expense, to locate, and if determined necessary by the City,
to excavate and expose its Facilities for inspection so that the Facilities’
location may be taken into account in the improvement design. The
decision as to whether any Facilities need to be relocated in order to
accommodate the Public Improvement shall be made by the City upon
review of the location and construction of Franchisee’s Facilities. The City
shall provide Franchisee at least fourteen (14) calendar days’ written
notice prior to any excavation or exposure of Facilities. Franchisee shall
be responsible for any delays due to failure to locate its Facilities when
requested, except that Franchisee shall not be responsible for delays or
damages due to circumstances beyond the control of the Franchisee.
5.4 Notice and Relocation Process. If the City determines that the
project necessitates the relocation of Franchisee’s existing Facilities, the
City shall:
a. At least ninety (90) calendar days prior to commencing the
project, provide Franchisee with written notice requiring such
relocation and a date by which relocation must be complete;
provided, however, that in the event of an emergency
situation, defined for purposes of this Franchise as a condition
posing an imminent threat to property, life, health, or safety
of any person or entity, the City shall give Franchisee written
notice as soon as practicable; and
b. At least ninety (90) calendar days prior to commencing the
project, provide Franchisee with copies of pertinent portions
of the plans and specifications for the improvement project
and a proposed location for Franchisee’s Facilities so that
8.F.a
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10 Small Cell Franchise Agreement--
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Franchisee may relocate its Facilities in other City Rights-of-
Way in order to accommodate such improvement project;
and
c. After receipt of such notice and such plans and specifications,
Franchisee shall complete relocation of its Facilities consistent
with the date for relocation established in accordance with
this Section 5.4(a) at no charge or expense to the City,
except as otherwise provided by law. Relocation shall be
accomplished in such a manner as to accommodate the Public
Improvement.
5.5 Alternative Arrangements. The Franchisee may make its own
appropriate arrangements in response to a request for relocation of its
Facilities from a person or entity other than the City, so long as any
improvements being constructed are not or will not become City-owned,
operated or maintained; except that any such arrangements shall not
unduly delay a City construction project.
5.6 Contractor Delay Claims. Franchisee shall be solely responsible for
the out-of-pocket costs incurred by the City for delays in a Public Project
to the extent the delay is caused by or arises out of Franchisee's failure to
comply with the final schedule for the relocation (other than as a result of
a Force Majeure Event or causes or conditions caused by the acts or
omissions of the City or any third party unrelated to Franchisee;
Franchisee vendors and contractors shall not be considered unrelated third
parties). Such out-of-pocket costs may include, but are not limited to,
payment to the City's contractors and/or consultants for increased costs
and associated court costs, interest, and reasonable attorneys' fees
incurred by the City to the extent directly attributable to such Franchisee’s
caused delay in the Public Project.
8.F.a
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11 Small Cell Franchise Agreement--
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5.7 Indemnification. Franchisee will indemnify, hold harmless, and pay
the costs of defending the City, in accordance with the provisions of
Section 22.
5.8 Moving of Buildings or Other Objects. Franchisee shall, on the
request of any individual or private entity holding a valid permit issued by
a governmental authority, temporarily remove, raise or lower its Facilities
to permit the moving of buildings or other objects. The expense of such
temporary removal, raising or lowering of Facilities shall be at the expense
of the requestor.
5.9 City’s Costs. If Franchisee fails, neglects, or refuses to remove or
relocate its Facilities as directed by the City following the procedures
outlined in this Section 5, the City may perform such work or cause it to
be done, and the City’s costs shall be paid by Franchisee pursuant to
Sections 15.3 and 15.4.
5.10 Survival. The provisions of this Section 5 shall survive the
expiration or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights-of-Way.
SECTION 6. - Undergrounding of Facilities.
6.1 No installation of Small Cell Facilities in Undergrounded Areas.
Franchisee shall not install Small Cell Facilities in areas that already have
undergrounding of aerial utilities, except as authorized by the Director and
in compliance with any Kent construction standards. Any Facilities so
located shall be approved by the Director and if such Facilities include the
installation of a new pole or installation on a City-owned pole, Franchisee
shall be required to enter into a separate agreement with the City for such
installations.
8.F.a
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12 Small Cell Franchise Agreement--
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6.2 Requirement to Remove Small Cell Facilities. Franchisee hereby
acknowledges and agrees that whenever the City requires the
undergrounding of the aerial utilities in any area of the City, which
includes the removal of structures (e.g., Utility Poles) in the Rights-of-
Way, Franchisee will also be required to remove or relocate its Facilities
from such structures within the timeframe set for such undergrounding
project. If the aerial utilities are required to be undergrounded,
Franchisee’s grant of permission for Small Cell Facilities on Utility Poles in
that area will be automatically revoked upon removal of these Utility
Poles. Franchisee may re-install any Small Cell Facilities only as
authorized by the Director and in compliance with any Kent Construction
Standards, unless otherwise approved by the Director. Installation of new
poles shall require a site specific separate agreement pursuant to chapter
35.99 RCW.
6.3 Survival. The provisions of this Section 6 shall survive the
expiration, revocation, or termination of this Franchise. Nothing in this
Section 6 shall be construed as requiring the City to pay any costs of
undergrounding any of the Franchisee’s Facilities.
SECTION 7. - Information, Inventory and Records.
7.1 Information Request.
a. Franchisee shall supply and maintain updated, at no cost to
the City, any information reasonably requested by the City to
coordinate its functions with the Franchisee’s activities and
fulfill any municipal functions under state law. This required
information may include, but is not limited to, any installation
inventory, location of existing or planned Facilities, maps,
plans, operational data, and as-built drawings of Franchisee’s
8.F.a
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13 Small Cell Franchise Agreement--
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Facilities in the City. Franchisee shall warrant the accuracy of
all information provided to the City.
b. Within thirty (30) calendar days of a written request from the
Director, but in no event more than once annually, the
Franchisee shall furnish the City with information sufficient to
demonstrate: 1) that the Franchisee has complied with all
applicable requirements of this Franchise; and 2) that all
utility taxes due the City in connection with the Franchisee’s
services and Facilities provided by the Franchisee have been
properly collected and paid by the Franchisee.
7.2 Current Inventory.
a. Franchisee shall maintain a current inventory of Small Cell
Facilities throughout the Term of this Franchise. Franchisee
shall provide to City a copy of the inventory report no later
than one hundred eighty (180) calendar days after the
Effective Date of this Franchise, and an updated inventory
report shall be provided by December 31 of each year and
within thirty (30) calendar days of a reasonable request by
the City. The inventory report shall include GIS coordinates,
date of installation, type of pole used for installation,
description/type of installation for each Small Cell Facility
installation and photographs taken before and after the
installation of the Small Cell Facility and taken from the public
street.
b. Small Cell Facilities that are considered Deactivated Facilities,
as described in Section 24.1, shall be included in the
inventory report and Franchisee shall provide the same
information as is provided for active installations as well as
8.F.a
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14 Small Cell Franchise Agreement--
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the date the Facilities were deactivated and the date the
Deactivated Facilities were removed from the Right-of-Way.
The City shall compare the inventory report to its records to
identify any discrepancies, and the parties will work together
in good faith to resolve any discrepancies. Franchisee is not
required to report on future inventory reports any
Deactivated Facilities which were removed from the Right-of-
Way since the last reported inventory and may thereafter
omit reference to the Deactivated Facilities. Franchisee shall
keep the City reasonably informed of its long-range plans for
coordination with the City’s long-range plans.
7.3 Inspection. All books, records, maps, and other documents
maintained by Franchisee with respect to its Facilities within the Rights-of-
Way shall be made available for inspection by the City at reasonable times
and intervals; except that nothing in this Section 7.3 shall be construed to
require Franchisee to violate state or federal law regarding customer
privacy, nor shall this Section 7.3 be construed to require Franchisee to
disclose proprietary or confidential information without adequate
safeguards for its confidential or proprietary nature. Unless otherwise
permitted or required by state or federal law, nothing in this Section 7.3
shall be construed as permission to withhold relevant customer data from
the City that the City requests in conjunction with a tax audit or review;
provided, however, Franchisee may redact identifying information such as
names, street addresses (excluding City and zip code), Social Security
Numbers, or Employer Identification Numbers related to any
confidentiality agreements Franchisee has with third parties.
7.4 Public Records Act.
a. Franchisee acknowledges that information submitted to the
City is subject to the Washington Public Records Act, chapter
8.F.a
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15 Small Cell Franchise Agreement--
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42.56 RCW, and is open to public inspection, subject to any
exceptions permitted by law (i.e., unless an exemption
applies).
b. Franchisee may identify documents submitted to the City that
Franchisee believes are non-disclosable, such as trade
secrets. Franchisee shall be responsible for clearly and
conspicuously identifying the work as confidential or
proprietary, and shall provide a brief written explanation as
to why such information is confidential and how it may be
treated as such under state or federal law. The City agrees
to keep confidential any proprietary or confidential books or
records to the extent permitted by law.
c. If the City receives a public records request under chapter
42.56 RCW or similar law for the disclosure of the documents
or any part of the documents Franchisee has designated as
confidential, trade secret, or proprietary, the City shall
provide Franchisee with written notice of the request,
including a copy of the request prior to disclosure so that
Franchisee can take appropriate steps to protect its interests.
Nothing in this Section 7.4 prohibits the City from complying
with chapter 42.56 RCW or any other applicable law or court
order requiring the release of public records, and the City
shall not be liable to Franchisee for compliance with any law
or court order requiring the release of public records. The
City will not assert an exemption from disclosure or
production on Franchisee’s behalf.
d. The City shall comply with any injunction or court order
obtained by Franchisee that prohibits the disclosure of any
such confidential records. If a higher court overturns an
8.F.a
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injunction or court order and such higher court action is or
has become final and non-appealable, Franchisee shall
reimburse the City for any fines or penalties imposed for
failure to disclose such records within forty-five (45) calendar
days of a request from the City, unless additional time is
reasonably necessary under the circumstances and is agreed
to by the parties.
7.5 Annual Audit. On an annual basis, upon thirty (30) calendar days
prior written notice, the City shall have the right to conduct an
independent audit of Franchisee's records reasonably related to the
administration or enforcement of this Franchise, in accordance with GAAP.
If the audit shows that tax or fee payments have been underpaid by three
percent (3%) or more, Franchisee shall pay the total cost of the audit.
SECTION 8. - Work in the Rights-of-Way.
8.1 During any period of relocation, construction or maintenance, all
work performed by Franchisee or its contractors shall be accomplished in a
safe and workmanlike manner and only after obtaining permits pursuant
to Section 8.3. Franchisee shall minimize interference with the free
passage of traffic and the free use of adjoining property, whether public or
private. Franchisee shall at all times post and maintain proper traffic
control to warn and direct the road users. Traffic control devices include
but are not limited to barricades, traffic cones, traffic drums, tubular
markers, flags, certified flaggers, lights, flares, and other measures as
required for the safety of all members of the general public. Franchisee
shall also comply with all applicable safety regulations during such period
of construction as required by the ordinances of the City or the laws of the
State of Washington, including RCW 39.04.180 for the requirement of
trench safety systems for trench excavations. The provisions of this
Section 8.1 shall survive the expiration or termination of this Franchise
8.F.a
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and during such time as Franchisee continues to have Facilities in the
Rights of Way.
8.2 Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair, and in a manner suitable to the City.
Additionally, Franchisee shall keep its Facilities free of debris and anything
of a dangerous, noxious, or offensive nature or which would create a
hazard or undue vibration, heat, noise, or any interference with City
services. The provisions of this Section 8.2 shall survive the expiration of
this Franchise during such time as Franchisee continues to have Facilities
in the Rights-of-Way.
8.3 Whenever Franchisee shall commence work in any Rights-of-Way
for the purpose of excavation, installation, construction, repair,
maintenance, or relocation of its Facilities, it shall apply to the City for a
permit to do so. During the progress of the work, the Franchisee shall not
unnecessarily obstruct the passage or proper use of the Rights-of-Way,
and all work by the Franchisee in the area shall be performed in
accordance with applicable City standards and specifications and
warranted for a period of two (2) years. In no case shall any work
commence within any Rights-of-Way without a permit, except as
otherwise provided in this Franchise.
8.4 If either the City or Franchisee plans to make excavations in any
area covered by this Franchise and as described in this Section 8.4, the
party planning such excavation shall afford the other an opportunity to
share such excavation, PROVIDED THAT:
a. The joint use shall not unreasonably delay the work of the
party causing the excavation to be made;
b. The joint use shall be arranged and accomplished on terms
and conditions satisfactory to both parties; and
8.F.a
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c. The initiating party may deny such request for safety
reasons.
8.5 Upon prior written notice from the City, Franchisee shall meet with
the City and other franchise holders to schedule and coordinate
construction in the Rights-of-Way. To minimize public inconvenience,
disruption or damage, the Franchisee shall coordinate all construction
locations, activities, and schedules as reasonably directed by the City.
8.6 Franchisee acknowledges that it shall be solely responsible for
compliance with all marking and lighting requirements of the FAA and the
FCC with respect to Franchisee’s Facilities. Franchisee shall indemnify,
defend and hold the City harmless from any fines or other liabilities caused
by Franchisee’s failure to comply with these requirements. Should
Franchisee or the City be cited by either the FCC or the FAA because the
Facilities or Franchisee’s equipment is not in compliance and should
Franchisee fail to cure the conditions of noncompliance within the
timeframe allowed by the citing agency, the City may elect any or all of
the following remedies: (1) cure the conditions of noncompliance at
Franchisee’s expense, and collect all reasonable costs from Franchisee in
accordance with the provisions of Section 15.3 and Section 15.4; (2)
collect damages pursuant to Section 28.2; or (3) revoke this Franchise
pursuant to Section 27. Franchisee shall not be liable for any claims,
damages or liability resulting from City’s acts in effecting the cure on
behalf of Franchisee.
SECTION 9. – Trees.
9.1 Franchisee may trim trees upon and overhanging on Rights-of-Way,
streets, alleys, sidewalks, and other public places of the City so as to
prevent the branches of any such trees from coming in contact with
Franchisee’s Facilities. The right to trim trees in this Section 9.1 only
8.F.a
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19 Small Cell Franchise Agreement--
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applies to the extent necessary to protect above ground Facilities.
Franchisee shall avoid unnecessary trimming of trees and vegetation in
the vicinity of its Facilities and shall avoid damaging any trees or
vegetation. Franchisee shall ensure that its tree trimming activities
protect the appearance, integrity, and health of the trees to the extent
reasonably possible. Franchisee shall be responsible for all debris removal
from such activities.
9.2 Upon the written request of the Director, Franchisee shall prepare
and maintain a tree trimming schedule to ensure compliance with this
Section 9.2 and to avoid exigent circumstances where tree cutting,
trimming, or removal is necessary to protect the public safety or continuity
of service. Franchisee shall submit the tree trimming schedule to the
Director. Franchisee shall notify and obtain written approval from the
City, which shall not be unreasonably withheld, delayed or conditioned,
before completing any trimming, except in an emergency.
9.3 All tree trimming shall be completed at the expense of Franchisee.
Franchisee may contract for such services, however, City approval is
required prior to commencing such trimming, which shall not be
unreasonably withheld, delayed or conditioned. Nothing in this Franchise
grants Franchisee any authority to act on behalf of the City, to enter upon
any private property, or to trim any tree or natural growth not owned by
the City. Except in an emergency, all tree trimming must be performed
under the direction of an arborist certified by the International Society of
Arboriculture, unless otherwise approved by the Director.
9.4 Franchisee shall be solely responsible and liable for any damage to
any third parties’ trees or natural growth caused by Franchisee’s actions.
Franchisee shall indemnify, defend and hold harmless the City from claims
of any nature arising out of any act or negligence of Franchisee with
regard to tree and/or natural growth trimming, damage, and/or removal.
8.F.a
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20 Small Cell Franchise Agreement--
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Franchisee shall reasonably compensate the City or the property owner for
any damage caused by trimming, damage, or removal by Franchisee.
SECTION 10. - One Call Locator Service.
Prior to doing any work in the Rights-of-Way, Franchisee shall follow
established procedures, including contacting the Utility Notification Center
in Washington and comply with all applicable State statutes regarding the
One Call Locator Service pursuant to chapter 19.122 RCW. Further, upon
request by the City or a third party, Franchisee shall locate its Facilities
consistent with the requirements of chapter 19.122 RCW. The City shall
not be liable for any damages to Franchisee’s Facilities or for interruptions
in service to Franchisee’s customers that are a direct result of Franchisee’s
failure to locate its Facilities within the prescribed time limits and
guidelines established by the One Call Locator Service regardless of
whether the City issued a permit.
SECTION 11. - Safety Requirements.
11.1 Franchisee shall, at all times, employ professional care and shall
install and maintain and use industry-standard methods for preventing
failures and accidents that are likely to cause damage, injuries, or
nuisances to the public. All structures and all lines, equipment, and
connections in, over, under, and upon the Rights-of-Way, wherever
situated or located, shall at all times be kept and maintained in a safe
condition. Franchisee shall comply with all federal, state, and City safety
requirements, rules, regulations, laws, and practices, and employ all
necessary devices as required by applicable law during the construction,
operation, maintenance, upgrade, repair, or removal of its Facilities. By
way of illustration and not limitation, Franchisee shall also comply with the
applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health
8.F.a
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Administration (OSHA) Standards. The City reserves the general right to
inspect the Facilities to evaluate if they are constructed and maintained in
a safe condition.
11.2 If an unsafe but non-emergent condition or a violation of Section
11.1 is found to exist, and becomes known to the City, the City agrees to
give Franchisee written notice of such condition and afford Franchisee a
reasonable opportunity to repair the condition. If Franchisee fails to start
to make the necessary repairs and alterations within a reasonable time
frame specified in such notice (and pursue such cure to completion), then
the City may make such repairs or contract for them to be made. All
costs, including administrative costs, incurred by the City in repairing any
unsafe conditions shall be borne by Franchisee and reimbursed to the City
pursuant to Sections 15.3 and 15.4.
11.3 Additional safety standards include:
a. Franchisee shall endeavor to maintain all Facilities in an
orderly manner, including, but not limited to, the placement
of any cables connecting equipment in an orderly manner.
b. All installations of equipment, lines, and ancillary facilities
shall be installed in accordance with industry-standard
engineering practices and shall comply with all federal, state,
and local regulations, ordinances, and laws.
c. The Franchisee shall at all times protect any opening or
obstruction in the Rights-of-Way or other public places made
by Franchisee in the course of its operations by the
placement of adequate barriers, fences, or boarding, the
bounds of which, during periods of dusk and darkness, shall
be clearly marked and visible.
8.F.a
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11.4 On notice from the City that any work is being performed contrary
to the provisions of this Franchise, or in an unsafe or dangerous manner
as reasonably determined by the City, or in violation of the terms of any
applicable permit, laws, regulations, ordinances, or standards, the work
may immediately be stopped by the City. The stop work order shall:
a. Be in writing;
b. Be given to the person doing the work or posted on the work
site;
c. Be sent to Franchisee by overnight delivery;
d. Indicate the nature of the alleged violation or unsafe
condition; and
e. Establish conditions under which work may be resumed.
SECTION 12. - Work of Contractors and Subcontractors.
Franchisee’s contractors and subcontractors shall be licensed and bonded
in accordance with State law and the City’s ordinances, regulations, and
requirements. Work by contractors and subcontractors are subject to the
same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work
performed by its contractors and subcontractors and others performing
work on its behalf as if the work were performed by Franchisee and shall
ensure that all such work is performed in compliance with this Franchise
and applicable law.
SECTION 13. – Restoration after Construction.
13.1 Franchisee shall repair any damage to the Rights-of-Way, and the
property of any third party, after installation, construction, relocation,
maintenance, or repair of its Facilities or after abandonment approved
pursuant to Section 24, within thirty (30) days following the date of any of
these activities at Franchisee’s sole cost and expense. Franchisee shall
8.F.a
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23 Small Cell Franchise Agreement--
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restore the Rights-of-Way and the surface of the Rights-of-Way to the
same or better condition as it was immediately prior to any installation,
construction, relocation, maintenance or repair by Franchisee, reasonable
wear and tear excepted. Franchisee shall not be responsible for any
changes to the Rights-of-Way not caused by Franchisee or anyone doing
work for Franchisee. No survey monument may be removed (or replaced)
without a professional land surveyor obtaining a permit in advance from
the Washington State Department of Natural Resources and submitting a
copy of the approved permit to the City. Franchisee shall restore all
concrete encased monuments that will be disturbed or displaced by such
work to City standards and specifications. The Director shall have final
approval of the condition of the Rights-of-Way after repair or restoration
by the Franchisee.
13.2 Franchisee agrees to complete all restoration work to the Franchise
Area or other affected area at its sole cost and expense and according to
the time and terms specified in the construction permit issued by the City.
All work by Franchisee pursuant to this Franchise shall be performed in
accordance with applicable City standards and warranted for a period of
two (2) years and for undiscovered defects as is standard and customary
for this type of work.
13.3 If conditions (e.g., weather) make the complete restoration required
under this Section 13 impracticable, Franchisee shall temporarily restore
the affected Right-of-Way or property. Such temporary restoration shall
be at Franchisee’s sole cost and expense. Franchisee shall promptly
undertake and complete the required permanent restoration when
conditions no longer make such permanent restoration impracticable.
13.4 If Franchisee does not repair a Right-of-Way or an improvement in
or to a Right-of-Way within the reasonable time agreed to by the Public
Works Director, or his/her designee, the City may repair the damage and
8.F.a
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24 Small Cell Franchise Agreement--
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shall be reimbursed its actual cost within sixty (60) calendar days of
submitting an invoice to Franchisee in accordance with the provisions of
Section 15.3 and Section 15.4. In addition, and pursuant to Section 15.3
and 15.4, the City may bill Franchisee for expenses associated with the
inspection of such restoration work. The failure by Franchisee to complete
such repairs shall be considered a breach of this Franchise and is subject
to remedies by the City including the imposition of damages consistent
with Section 28.2.
13.5 The provisions of this Section 13 shall survive the expiration or
termination of this Franchise so long as Franchisee continues to have
Facilities in the Rights-of-Way and has not completed all restoration to the
City’s standards.
SECTION 14. - Emergency Work/Dangerous Conditions.
14.1 In the event of any emergency in which any of Franchisee’s
Facilities located in the Rights-of-Way breaks, falls, becomes damaged, or
if Franchisee’s Facilities is otherwise in such a condition as to immediately
endanger the property, life, health or safety of any person, entity or the
City, Franchisee shall immediately take the proper emergency measures to
repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of any person, entity or the
City without first applying for and obtaining a permit as required by this
Franchise. However, this shall not relieve Franchisee from the
requirement of obtaining any permits necessary for this purpose, and
Franchisee shall apply for all such permits on the next day Kent City Hall is
open for business.
14.2 The City retains the right and privilege to cut, move or remove any
Small Cell Facilities located within the Rights-of-Way of the City, as the
City may determine to be necessary, appropriate or useful in response to
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any public health or safety emergency, including the knockdown of a
Utility Pole with Small Cell Facilities.
14.3 The City shall not be liable for any damage to or loss of Facilities
within the Rights-of-Way as a result of or in connection with any public
works, public improvements, construction, grading, excavation, filling, or
work of any kind in the Rights-of-Way by or on behalf of the City, except
to the extent directly and proximately caused by the gross negligence or
willful acts of the City, its employees, contractors, or agents. The City
shall further not be liable to Franchisee for any direct, indirect, or any
other such damages suffered by any person or entity of any type as a
direct or indirect result of the City’s actions under this Section 14 except
to the extent caused by the gross negligence or willful acts of the City, its
employees, contractors, or agents.
14.4 Whenever the construction, installation or excavation of Facilities
authorized by this Franchise has caused or contributed to a condition that
appears to substantially impair the lateral support of the adjoining street
or public place, or endangers the public, an adjoining public place, street
utilities or City property, the Public Works Director may direct Franchisee,
at Franchisee’s own expense, to take reasonable action to protect the
public, adjacent public places, City property or street utilities, and such
action may include compliance within a prescribed time. If the Franchisee
fails or refuses to promptly take the actions directed by the City, or fails to
fully comply with such directions, or if emergency conditions exist which
require immediate action, before the City can timely contact Franchisee to
request Franchisee effect the immediate repair, the City may access the
Facilities and take such reasonable actions as are necessary to protect the
public, the adjacent streets, or street utilities, or to maintain the lateral
support thereof, or reasonable actions regarded as necessary safety
8.F.a
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26 Small Cell Franchise Agreement--
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precautions, and Franchisee shall be liable to the City for the costs
thereof.
14.5 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section 15.3 and Section 15.4 for any and all costs the City
reasonably incurs in response to any emergency situation involving
Franchisee’s Facilities, to the extent the emergency is not the fault of the
City. The City agrees to simultaneously seek reimbursement from any
franchisee or permit holder who caused or contributed to the emergency
situation.
SECTION 15. - Recovery of Costs, Taxes and Fees.
15.1 The City may charge for the actual administrative expenses incurred
by the City that are directly related to the receiving and approving this
Franchise pursuant to RCW 35.21.860, including the costs associated with
the City’s legal costs incurred in drafting and processing this Franchise.
No permits shall be issued for the installation of any Facilities until such
time as the City has received payment of this fee.
15.2 Franchisee shall further be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or
under the laws of the City. Where the City incurs costs and expenses for
review, inspection, or supervision of activities, including but not limited to
reasonable fees associated with attorneys, consultants, City Staff and City
Attorney time, undertaken through the authority granted in this Franchise
or any ordinances relating to the subject for which a permit fee is not
established, Franchisee shall pay such costs and expenses directly to the
City in accordance with the provisions of Section 15.3.
15.3 Franchisee shall reimburse the City within sixty (60) calendar days
of submittal by the City of an itemized billing for reasonably incurred
costs, itemized by project, for Franchisee’s proportionate share of all
8.F.a
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actual, identified expenses incurred by the City in planning, constructing,
installing, repairing, altering, or maintaining any City facility as the result
of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs
and expenses shall include but not be limited to Franchisee’s proportionate
cost of City personnel assigned to oversee or engage in any work in the
Rights-of-Way as the result of the presence of Franchisee’s Facilities in the
Rights-of-Way. Such costs and expenses shall also include Franchisee’s
proportionate share of any time spent reviewing construction plans in
order to either accomplish the relocation of Franchisee’s Facilities or the
routing or rerouting of any utilities so as not to interfere with Franchisee’s
Facilities.
15.4 The time of City employees shall be charged at their respective rate
of salary, including overtime if applicable, plus benefits and reasonable
overhead. Any other costs will be billed proportionately on an actual cost
basis. All billings will be itemized so as to specifically identify the costs
and expenses for each project for which the City claims reimbursement. A
charge for the actual costs incurred in preparing the billing may also be
included in the billing. At the City’s option, the billing may be on an
annual basis, but the City shall provide the Franchisee with the City’s
itemization of costs, in writing, at the conclusion of each project for
information purposes.
15.5 Franchisee hereby warrants that its operations as authorized under
this Franchise are those of a telephone business as defined in RCW
82.16.010, or service provider as defined in RCW 35.99.010. As a result,
the City will not impose a franchise fee under the terms of this Franchise,
other than as described herein. The City hereby reserves its right to
impose a franchise fee on Franchisee if Franchisee’s operations as
authorized by this Franchise change such that the statutory prohibitions of
RCW 35.21.860 no longer apply, or if statutory prohibitions on the
8.F.a
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28 Small Cell Franchise Agreement--
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imposition of such fees are removed. In either instance, the City also
reserves its right to require that Franchisee obtain a separate Franchise
for its change in use. Nothing contained herein shall preclude Franchisee
from challenging any such new fee or separate agreement under
applicable federal, state, or local laws.
15.6 Franchisee acknowledges that certain of its operations within the
City constitute a telecommunication business subject to the utility tax
imposed pursuant to chapter 3.18 of the Kent City Code. Franchisee
stipulates and agrees that certain of its business activities are subject to
taxation as a telecommunication business and that Franchisee shall pay to
the City the rate applicable to such taxable services under chapter 3.18 of
the Kent City Code, and consistent with state and federal law. The parties
agree however, that nothing in this Franchise shall limit the City's power
of taxation as may exist now or as later imposed by the City. This
provision does not limit the City's power to amend chapter 3.18 of the
Kent City Code as may be permitted by law.
SECTION 16. - Small Cell Facilities – Approvals and Permits.
16.1 City Retains Approval Authority. The City shall have the authority
at all times to control by appropriately exercised police powers through
ordinance or regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. §
332(c)(7) and the laws of the State of Washington, the location, elevation,
manner of construction, and maintenance of any Small Cell Facilities by
Franchisee, and Franchisee shall promptly conform with all such
requirements, unless compliance would cause Franchisee to violate other
requirements of law. This Franchise does not prohibit the City from
exercising its rights under federal, state or local law to deny or give
conditional approval to an application for a permit to construct any
individual Small Cell Facility.
8.F.a
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16.2 City Approvals and Permits. The granting of this Franchise is not a
substitute for any other City required approvals to construct Franchisee’s
Facilities in the Rights-of-Way (“City Approvals”). The parties agree that
such City Approvals (except Right-of-Way use permits as described in
Section 8.3) are not considered use permits, as that term is defined in
RCW 35.99.010. These City Approvals do not grant general authorization
to enter and utilize the Rights-of-Way but rather grant Franchisee
permission to build its specific Small Cell Facilities. Therefore City
Approvals are not subject to the thirty (30) day issuance requirement
described in RCW 35.99.030. The parties recognize that this provision is
specifically negotiated as consideration for designating the entire City as
the Franchise Area. Such City Approvals shall be issued consistent with
the Codes, state and federal laws governing wireless communication
facility siting and shall be in addition to any permits required under
Section 8.3. This Section does not affect the thirty (30) day issuance
requirement described in RCW 35.99.030 required for use permits such as
Right-of-Way use permits and traffic control permits.
SECTION 17. – Design Standards. Franchisee shall construct its
Facilities consistent with the concealment or stealth requirements as
described or shown in the Kent City Code, any Kent Construction
Standards, this Franchise and in the applicable permit(s), in order to
minimize the visual impact of such Facilities. These requirements are
intended and stipulated to be concealment features when considering
whether a proposed modification is a substantial change under Section
6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a). These requirements
are intended to be used solely for the purpose of concealment and siting.
Nothing shall be interpreted or applied in a manner which dictates the use
of a particular technology. When strict application of these standards or
requirements would unreasonably impair the function of the technology
chosen by the applicant, alternative forms of concealment or deployment
8.F.a
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30 Small Cell Franchise Agreement--
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may be permitted which provide similar or greater protections from
negative visual impacts to the streetscape.
SECTION 18. – Unauthorized Facilities. Any Small Cell Facilities
installations in the City Right-of-Way that were not authorized under this
Franchise or other required City Approval or were installed substantially
out of compliance with the concealment or stealth requirements as
described or shown in the Kent City Code, any Kent Construction
Standards, this Franchise and in the applicable permit(s) (“Unauthorized
Facilities”), will be subject to the payment of an Unauthorized Facilities
charge by Franchisee. City shall provide written notice to Franchisee of
any Unauthorized Facilities identified by City staff and Franchisee shall
have thirty (30) calendar days thereafter in which to establish that this
installation was authorized or obtain the applicable permit. Failure to
establish that the installation is authorized will result in the imposition of
an Unauthorized Facilities charge in the amount of One Thousand Dollars
($1,000.00) per Unauthorized Facility per day starting on the thirty-first
(31st) day. Franchisee may submit an application to the City under this
Franchise for approval of the Unauthorized Facilities. If the application for
the Unauthorized Facilities is not approved, Franchisee shall remove the
Unauthorized Facilities from the City’s Right-of-Way within thirty (30)
calendar days after the expiration of all appeal periods for such denial.
The City shall not refund any Unauthorized Facilities charges, unless
Franchisee is successful in an appeal. This Franchise remedy is in addition
to any other remedy available to the City at law or equity.
SECTION 19. - Graffiti Abatement. As soon as practical, but not
later than fourteen (14) days from the date Franchisee receives written
notice or is otherwise aware, Franchisee shall remove all graffiti on any of
its Small Cell Facilities in which it is the owner of the pole or structure or
on the Small Cells Facilities themselves attached to a third-party pole
8.F.a
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31 Small Cell Franchise Agreement--
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(e.g., graffiti on the shrouding protecting the radios). The foregoing shall
not relieve Franchisee from complying with any City graffiti or visual blight
ordinance or regulation.
SECTION 20. - Emissions Reports.
20.1 Franchisee is obligated to comply with all laws relating to allowable
presence of or human exposure to Radiofrequency Radiation ("RFs") or
Electromagnetic Fields ("EMFs") on or off any poles or structures in the
Rights-of-Way, including all applicable FCC standards as now or hereafter
adopted, whether such RF or EMF presence or exposure results from the
Small Cell Facility alone or from the cumulative effect of the Small Cell
Facility added to all other sources on or near the specific pole or structure.
20.2 Franchisee must provide to the City a copy of the report (the
“Emissions Report”) from a duly qualified engineer analyzing whether RF
and EMF emissions at the proposed Small Cell Facility locations would
comply with FCC General Population standards. Franchisee may provide
one standard Emissions Report which certifies that a standard Small Cell
configuration (including power output, elevation of antennas above ground
level, number of antennas) complies with FCC standards for its entire
deployment, provided that the configuration of its Facilities remains
identical (“Master Emissions Report”). Franchisee shall provide multiple
Master Emissions Reports if it deploys different configurations within the
City. All applications for Small Cells shall certify that the configuration is
the same as or emits less emissions than the design in the standard
Emissions Report. If an installation differs from the standard report as
being more intrusive, then Franchisee will be required to provide a
customized Emissions Report for such Small Cell installation. If not
provided earlier as part of a Master Emissions Report, Franchisee must
submit the Emissions Report to the City with the applicable Small Cell
Permit application. Further, following any subsequent modification to a
8.F.a
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Small Cell Facility that materially alters the configuration of such Small
Cell Facility, Franchisee shall, at its own cost and expense, perform an RF
emissions test following such modification to validate that the Small Cell
Facilities once modified comply with the FCC standards.
20.3 If the City discovers that the emissions from a Facility exceeds the
FCC standards, then the City may order Franchisee to immediately turn off
the Facility or portion thereof committing the violation, until the emissions
exposure is remedied.
20.4 If Small Cell Facilities have already been installed by the Franchisee
or other entities within the vicinity of a proposed Small Cell Facility,
Franchisee shall provide an Emissions Report for the proposed Facility that
includes the cumulative effects of all of these already existing Facilities.
SECTION 21. – No Interference.
21.1 Interference with Public Facilities. Franchisee’s Small Cell Facilities
shall not interfere with any City operations (including, but not limited to,
traffic lights, radio systems, or other City communications infrastructure),
or PSERN (or its successor entity) communications operation or
equipment. If the City reasonably determines that the Small Cell Facilities
cause such interference, Franchisee shall respond to the City’s request to
address the source of the interference as soon as practicable, but in no
event later than forty-eight (48) hours of receipt of written notice. The
City may require, by written notice, that Franchisee cease operation of the
specific Small Cell Facilities causing such interference and either modify,
remove or relocate such Small Cell Facilities. If, within ten (10) calendar
days after receipt of such written notice from the City of such interference,
Franchisee has not abated such interference, such Small Cell Facility may
be deemed an Unauthorized Facility and subject to the provisions of
Section 18.
8.F.a
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21.2 Interference with Other Facilities. Franchisee is solely responsible
for determining whether its Small Cell Facilities interfere with
telecommunications facilities of utilities and franchisees existing within the
Rights-of-Way prior to Franchisee’s installation. Franchisee shall comply
with the rules and regulations of the Federal Communications Commission
regarding radio frequency interference when siting its Small Cell Facilities
within the Franchise Area. Franchisee, in the performance and exercise of
its rights and obligations under this Franchise shall not physically or
technically interfere in any manner with the existence and operation of
any and all existing utilities, sanitary sewers, water mains, storm drains,
gas mains, poles, aerial and underground electrical and telephone wires,
electroliers, cable television, and other telecommunications, utility, or
municipal property, without the express written approval of the owner or
owners of the affected property or properties.
SECTION 22. – Indemnification.
22.1 General Indemnification. Franchisee shall indemnify, defend, and
hold the City, its officers, officials, boards, commissions, agents, and
employees, harmless from any action or claim for injury, damage, loss,
liability, cost or expense, including court and appeal costs and reasonable
attorneys' fees or reasonable expenses, arising from any casualty or
accident to person or property, including, without limitation, damages in
any way arising out of, or by reason of, any construction, excavation,
operation, maintenance, reconstruction, or any other act done under this
Franchise, by or for Franchisee, its agents, or its employees, or by reason
of any neglect or omission of Franchisee. Franchisee shall consult and
cooperate with the City while conducting its defense of the City under this
Franchise. Franchisee shall not be obligated to indemnify the City to the
extent of the City’s negligence or willful misconduct.
8.F.a
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34 Small Cell Franchise Agreement--
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22.2 Indemnification for Radio Frequency Emissions or Radiation.
Franchisee shall also indemnify, defend and hold harmless the City, its
officers, employees, agents, volunteers and representatives from any and
all claims, costs, judgments, awards or liability to any person arising from
radio frequency emissions or radiation emitted from Franchisee’s Facilities
located in the Rights-of-Way, regardless of whether Franchisee’s
equipment complies with applicable federal statutes and/or FCC
regulations related thereto. These indemnification obligations shall extend
to claims that are not reduced to a suit and any claims that may be
compromised, with Franchisee’s prior written consent, prior to the
culmination of any litigation or the institution of any litigation.
22.3 Indemnification for Relocation. Franchisee shall defend, indemnify,
and hold the City harmless for any damages, claims, additional costs or
reasonable expenses and attorneys’ fees, including contractor construction
delay damages, assessed against or payable by the City and arising out of
or resulting from Franchisee's failure to remove, adjust, or relocate any of
its Facilities in the Rights-of-Way in accordance with any relocation
required by the City, provided that Franchisee shall not be liable under this
section in the event Franchisee’s failure to remove, adjust or relocate any
of its Facilities is the result of a force majeure event or events beyond the
control of Franchisee.
22.4 Avoidance.
a. Inspection or acceptance by the City of any work performed
by Franchisee at the time of completion of construction shall
not be grounds for avoidance by Franchisee of any of its
obligations under this Section 22.
b. The fact that Franchisee carries out any activities under this
Franchise through independent contractors shall not constitute
8.F.a
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35 Small Cell Franchise Agreement--
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an avoidance of or defense to Franchisee's duty of defense
and indemnification under this subsection.
22.5 Procedures and Defense. If a claim or action arises, the City or any
other indemnified party shall promptly notify Franchisee of such claim or
action and tender the defense of the claim or action to Franchisee, which
defense shall be at Franchisee’s expense. The City’s failure to so notify
and request indemnification shall not relieve Franchisee of any liability that
Franchisee might have, except to the extent that such failure prejudices
Franchisee’s ability to defend such claim or suit. The City may participate
in the defense of a claim, but if Franchisee provides a defense at
Franchisee’s expense then Franchisee shall not be liable for any attorneys’
fees, expenses, or other costs the City may incur if it chooses to
participate in the defense of a claim, unless and until separate
representation as described in Section 22.6 is required. In that event, the
provisions of Section 22.6 shall govern Franchisee’s responsibility for City’s
attorney’s fees, expenses, or other costs. In any event, Franchisee may
not agree to any settlement of claims affecting the City without the City's
consent, such consent not to be unreasonable withheld or delayed.
22.6 Payment of fees and costs.
a. If Franchisee refuses the tender of defense in any suit or any
claim, as required pursuant to the indemnification provisions
within this Franchise, and said refusal is subsequently
determined by a court having jurisdiction (or such other
tribunal that the parties shall agree to decide the matter), to
have been a wrongful refusal on the part of Franchisee,
Franchisee shall pay all of the City’s reasonable costs for
defense of the action, including all expert witness fees, costs,
and attorney’s fees, and including costs and fees incurred in
recovering under this indemnification provision.
8.F.a
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b. If separate representation to fully protect the interests of
both parties is or becomes necessary, such as a conflict of
interest between the City and the counsel selected by
Franchisee to represent the City, Franchisee shall pay, from
the date such separate representation is required forward, all
reasonable expenses incurred by the City in defending itself
with regard to any action, suit, or proceeding subject to
indemnification by Franchisee. Provided, however, that in the
event that such separate representation is or becomes
necessary, and the City desires to hire counsel or any other
outside experts or consultants and desires Franchisee to pay
those expenses, then the City shall be required to obtain
Franchisee’s consent to the engagement of such counsel,
experts, or consultants, such consent not to be unreasonably
withheld. The City's expenses shall include all reasonable out
of pocket costs and expenses, such as consultants' fees and
court costs, but shall not include outside attorneys’ fees for
services that are unnecessarily duplicative of services
provided the City by Franchisee, except in the event of a
conflict of interest where such duplication may be required.
Each party agrees to cooperate and to cause its employees
and agents to cooperate with the other party in the defense
of any claim or action.
22.7 RCW 4.24.115. Should a court of competent jurisdiction
determine that this Franchise is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent
negligence of the Franchisee and the City, its officers, officials, employees,
and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and
8.F.a
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expressly understood that the indemnification provided herein constitutes
the Franchisee's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Franchise.
22.8 Assumption of Risk. Notwithstanding any other provisions of this
Section 22, Franchisee assumes the risk of damage to its Facilities located
in the Rights-of-Way and upon City-owned property from activities
conducted by the City, its officers, agents, employees, volunteers, elected
and appointed officials, and contractors, except to the extent any such
damage or destruction is caused by or arises from the sole negligence or
the willful or criminal actions of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors. Franchisee
releases and waives any and all such claims against the City, its officers,
agents, employees, volunteers, or elected or appointed officials, or
contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited
to, business interruption damages, lost profits and consequential
damages, brought by or under users of Franchisee’s Facilities as the result
of any interruption of service due to damage or destruction of Franchisee’s
Facilities caused by or arising out of activities conducted by the City, its
officers, agents, employees or contractors, except to the extent any such
damage or destruction is caused by or arises from the gross negligence or
any willful misconduct on the part of the City, its officers, agents,
employees, volunteers, or elected or appointed officials, or contractors.
22.9 Survival. The provisions of this Section 22 shall survive the
expiration, revocation, or termination of this Franchise.
8.F.a
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SECTION 23. - Insurance.
23.1 Insurance Limits. Franchisee shall maintain in full force and effect
at its own cost and expense each of the following policies of insurance:
a. Commercial General Liability insurance with limits of Five
Million Dollars ($5,000,000.00) per occurrence and Five
Million Dollars ($5,000,000.00) general aggregate. Coverage
shall be at least as broad as that provided by the ISO Form or
its equivalent and include severability of interests. Such
insurance shall include the City, its officers, officials and
employees as additional insureds as their interest may
appear under this Agreement per ISO Form or its equivalent.
There shall be a waiver of subrogation and rights of recovery
against the City, its officers, officials and employees.
Coverage shall apply as to claims between insureds on the
policy, if applicable;
b. Commercial Automobile Liability insurance with combined
single limits of Five Million Dollars ($5,000,000.00) each
accident for bodily injury and property damage with respect
to each of Franchisee’s owned, hired and non-owned vehicles
assigned to or used in the operation of the Facilities in the
City;
c. Workers’ Compensation coverage or qualified self insurance
as required by the Industrial Insurance laws of the State of
Washington and employer’s liability with limits of One Million
Dollars ($1,000,000.00) each accident/disease/policy limit.
23.2 Deductibles/Certificate of Insurance. Any deductible of the policies
shall not in any way limit Franchisee’s liability to the City.
23.3 Endorsements. All required liability policies shall:
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a. Except workers compensation and employer’s liability include
The City, its officers, officials, boards, commissions, and
employees, additional insureds as their interest may appear
under this Agreement with respect to liability arising out of
activities performed by Franchisee under this Franchise or
Applicable Law, or in the construction, operation or repair, or
ownership of the Cable System;
b. Franchisee's required insurance coverage shall be primary
insurance with respect to the City, its officers, officials,
boards, commissions and employees. Any insurance or self-
insurance maintained by the City, its officers, officials,
boards, commissions and employees shall be in excess of the
Franchisee's required insurance and shall not contribute to it;
and
c. Franchisee's required insurance shall apply separately to each
insured against whom a claim is made or lawsuit is brought,
except with respect to the limits of the insurer’s liability.
d. Notwithstanding the forgoing, Licensee may, in its sole
discretion, self-insure any of the required insurance under the
same terms as required by this Agreement. In the event
Licensee elects to self-insure its obligation under this
Agreement to include Licensor as an additional insured, the
following conditions apply: (i) Licensor shall promptly and no
later than sixty (60) calendar days after notice thereof
provide Licensee with written notice of any claim, demand,
lawsuit, or the like for which it seeks coverage pursuant to
this Section and provide Licensee with copies of any
demands, notices, summonses, or legal papers received in
connection with such claim, demand, lawsuit, or the like; (ii)
Licensor shall not settle any such claim, demand, lawsuit, or
the like without the prior written consent of Licensee; and (iii)
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Licensor shall fully cooperate with Licensee in the defense of
the claim, demand, lawsuit, or the like.
23.4 Acceptability of Insurers. The insurance obtained by Franchisee
shall be placed with insurers with a Best’s rating of no less than “A minus
VII."
23.5 Verification of Coverage. The Franchisee shall furnish the City with
(a) certificates of insurance and (b) blanket additional insured
endorsements. The certificates and endorsements for each insurance
policy are to be signed by an authorized representative of the insurer.
The certificates and endorsements for each insurance policy are to be on
standard forms or such forms as are consistent with standard industry
practices.
23.6 Maintenance of Insurance. Franchisee’s maintenance of insurance
as required by this Section 23 shall not be construed to limit the liability of
Franchisee to the coverage provided by such insurance, or otherwise limit
the City’s recourse to any remedy available at law or equity. Further,
Franchisee’s maintenance of insurance policies required by this Franchise
shall not be construed to excuse unfaithful performance by Franchisee.
SECTION 24. - Abandonment of Franchisee’s Telecommunications
Network.
24.1 Where any Facilities or portions of Facilities are no longer needed
and their use is to be discontinued, the Franchisee shall immediately
report such Facilities in writing (“Deactivated Facilities”) to the Public
Works Director. This notification is in addition to the inventory revisions
addressed in Section 7.2. Deactivated Facilities, or portions thereof, shall
be completely removed within ninety (90) days and the site, pole or
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infrastructure restored to its pre-existing condition, reasonable wear and
tear and damage by casualty excepted.
24.2 If Franchisee leases a structure from a landlord and such landlord
later abandons the structure, for example by building a replacement
structure, Franchisee shall remove or relocate its Facilities as soon as
possible but no later than ninety (90) calendar days of such written
notification from the landlord, at no cost to the City.
24.3 Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the
Rights-of-Way within ninety (90) calendar days of receiving written notice
from the Director. The Facilities, in whole or in part, may not be
abandoned by Franchisee without written approval by the City. Any plan
for abandonment or removal of Franchisee’s Facilities must be first
approved by the Public Works Director or his/her designee and all
necessary permits must be obtained prior to such work. Franchisee shall
restore the Rights-of-Way to at least the same condition the Rights-of-
Way were in immediately prior to any such installation, construction,
relocation, maintenance or repair (reasonable wear and tear and damage
by casualty excepted), provided Franchisee shall not be responsible for
any changes to the Rights-of-Way not caused by Franchisee or any person
doing work for Franchisee. Franchisee shall be solely responsible for all
costs associated with removing its Facilities.
24.4 Notwithstanding Section 24.3, the City may permit Franchisee’s
Facilities to be abandoned in place in such a manner as the City may
prescribe. Upon permanent abandonment, and Franchisee’s agreement to
transfer ownership of the Facilities to the City, Franchisee shall submit to
the City a proposal and instruments for transferring ownership to the City.
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24.5 Any Facilities which are not removed within one hundred and eighty
(180) calendar days of either the date of termination or revocation of this
Franchise or the date the City issued a permit authorizing removal,
whichever is later, shall automatically become the property of the City.
Any costs incurred by the City in safeguarding such Facilities or removing
the Facilities shall be reimbursed by Franchisee. Nothing contained within
this Section 24.5 shall prevent the City from compelling Franchisee to
remove any such Facilities through judicial action when the City has not
permitted Franchisee to abandon these Facilities in place.
24.6 The provisions of this Section 24 shall survive the expiration,
revocation, or termination of this Franchise and for so long as Franchisee
has Facilities in Rights-of-Way.
SECTION 25. - Bonds.
25.1 Construction Guarantee. As a condition of performing work in the
Right-of-Way, the timely, complete, and faithful performance of all
construction work in the Right-of-Way shall be guaranteed in an amount
equal to one hundred twenty-five percent (125%) of the cost estimate
(prepared by a licensed contractor, professional engineer, or architect) of
the construction work. The guarantee may be by performance bond or
irrevocable letter of credit. If Franchisee, in the sole judgment of the City,
has a history of corrections or defaults, Franchisee must provide the full
guarantee by assignment of funds. These funds shall guarantee the
following: (1) timely completion of construction; (2) construction in
compliance with all applicable plans, permits, technical codes, and
standards; (3) proper location of the Facilities as specified by the City; (4)
restoration of the Rights-of-Way and other City properties affected by the
construction; (5) submission of as-built drawings after completion of
construction; and (6) timely payment and satisfaction of all claims,
demands, or liens for labor, materials, or services provided in connection
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43 Small Cell Franchise Agreement--
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with the work that could be asserted against the City or City property.
The guarantee must remain in full force until the completion of
construction, including final inspection, corrections, and final approval of
the work, recording of all easements, provision of as-built drawings, and
the posting of a maintenance bond as described in Section 25.2.
Compliance with the performance guarantee requirement of the City’s
current Design and Construction Standards shall satisfy the provisions of
this Section 25.1.
25.2 Maintenance Bond. Maintenance and the successful operation of
the Right-of-Way improvements shall be bonded for a period of at least
two (2) years (or other period as required by Kent City Code) from the
date of final construction approval. The bond shall be in an amount to be
determined by the City. The minimum maintenance guarantee shall be
Five Thousand Dollars ($5,000.00) or twenty percent (20%) of the original
performance construction guarantee as described in Section 25.1,
whichever is greater. At six (6)-month intervals during this maintenance
period, the City will inspect the improvements and identify to Franchisee
any noted deficiencies. Franchisee will have thirty (30) days to correct
any deficiencies. The satisfactory correction of the work may commence a
new two (2)-year maintenance period for the improvements as corrected,
as determined by the City. The City will initiate collection against the
financial guarantee if deficiencies are not satisfactorily addressed by the
end of the thirty (30)-day response period. Compliance with the
maintenance guarantee requirement of the City’s current Design and
Construction Standards shall satisfy the provisions of this Section 25.2.
Original financial guarantee amounts described in Section 25.1 and
Section 25.2 above may be reduced one time only prior to the
maintenance period, at the discretion of the City. If an extension to any
associated permits are granted, the financial guarantees may be increased
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based on an updated engineer’s cost estimate or as determined by the
City. Financial guarantees will be fully released only after all final punch
list items are accomplished, final construction approval, and the elapse of
the two (2)-year maintenance guarantee period with all corrective actions
complete and accepted by the City.
25.3 Franchise Bond. Franchisee shall provide the City with a bond in
the amount of Twenty-Five Thousand Dollars ($25,000.00) (“Franchise
Bond”) running or renewable for the term of this Franchise, in a form and
substance reasonably acceptable to the City. If Franchisee fails to
substantially comply with any one or more of the provisions of this
Franchise, following written notice and a reasonable opportunity to cure,
then there shall be recovered jointly and severally from Franchisee and
the bond any actual damages suffered by the City as a result thereof,
including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal
or abandonment of Facilities. Franchisee specifically agrees that its failure
to comply with the terms of this Section 25 shall constitute a material
breach of this Franchise, subject to the notice and cure provisions of
Section 28. Franchisee further agrees to replenish the Franchise Bond
within fourteen (14) calendar days after written notice from the City that
there is a deficiency in the amount of the Franchise Bond. The amount of
the Franchise Bond shall not be construed to limit Franchisee's liability or
to limit the City's recourse to any remedy to which the City is otherwise
entitled at law or in equity.
25.4 Form of Bonds. All bonds provided to the City under this Section 25
shall be on a form provided by the City and with sureties registered with
the Washington State Insurance Commissioner or other financial
institutions acceptable to the City.
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SECTION 26. - Modification. The City and Franchisee hereby
reserve the right to alter, amend, or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification.
SECTION 27. - Revocation. If Franchisee willfully violates or fails
to comply with any material provisions of this Franchise, then at the
election of the City Council after at least thirty (30) calendar days written
notice to Franchisee specifying the alleged violation or failure, or such
extended periods as may be required beyond the thirty (30) day cure
period to cure any violation if the nature of the cure is such that it
reasonably requires more than thirty (30) days to cure, the City may
revoke all rights conferred and this Franchise may be revoked by the City
Council after a hearing held upon such notice to Franchisee. Such hearing
shall be open to the public and Franchisee and other interested parties
may offer written and/or oral evidence explaining or mitigating such
alleged noncompliance. Within thirty (30) calendar days after the hearing,
the City Council, on the basis of the record, will make the determination as
to whether there is cause for revocation, whether the Franchise will be
terminated, or whether lesser sanctions should otherwise be imposed.
The City Council may in its sole discretion fix an additional time period to
cure violations. If the deficiency has not been cured at the expiration of
any additional time period or if the City Council does not grant any
additional period, the City Council may by resolution declare the Franchise
to be revoked and forfeited or impose lesser sanctions. If Franchisee
appeals revocation and termination, such revocation may be held in
abeyance pending judicial review by a court of competent jurisdiction,
provided Franchisee is otherwise in compliance with the Franchise.
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SECTION 28. - Remedies to Enforce Compliance.
28.1 The City may elect, without any prejudice to any of its other legal
rights and remedies, to obtain an order from the superior court having
jurisdiction compelling Franchisee to comply with the provisions of the
Franchise and to recover damages and costs incurred by the City by
reason of Franchisee’s failure to comply. In addition to any other remedy
provided herein, the City reserves the right to pursue any remedy to
compel or force Franchisee and/or its successors and assigns to comply
with the terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter declaring a forfeiture or
revocation for breach of the conditions herein. Provided, further, that by
entering into this Franchise, it is not the intention of the City or Franchisee
to waive any other rights, remedies, or obligations as otherwise provided
by law equity, or otherwise, and nothing contained here shall be deemed
or construed to effect any such waiver.
28.2 If Franchisee shall violate, or fail to comply with any of the
provisions of this Franchise, or should it fail to heed or comply with any
notice given to Franchisee under the provisions of this Franchise, the City
shall provide Franchisee with written notice specifying with reasonable
particularity the nature of any such breach and Franchisee shall undertake
all commercially reasonable efforts to cure such breach within thirty (30)
calendar days of receipt of notification. If the parties reasonably
determine the breach cannot be cured within (30) thirty days, the City
may specify a longer cure period, and condition the extension of time on
Franchisee's submittal of a plan to cure the breach within the specified
period, commencement of work within the original thirty (30) day cure
period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or Franchisee does not comply with
the specified conditions, the City may, at its sole discretion, (1) revoke
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47 Small Cell Franchise Agreement--
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this Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the Franchise Bond set
forth in Section 25.3, or (3) pursue other remedies as described in this
Section 28. Liquidated damages described in this Section 28.2 shall not
be offset against any sums due to the City as a tax or reimbursement
pursuant to Section 15.6.
SECTION 29. - Non-Waiver. The failure of the City to insist upon
strict performance of any of the covenants and agreements of this
Franchise or to exercise any option herein conferred in any one or more
instances, shall not be construed to be a waiver or relinquishment of any
such covenants, agreements or option or any other covenants,
agreements or option.
SECTION 30. - Police Powers and City Ordinances. Nothing herein
shall be deemed to restrict the City’s ability to adopt and enforce all
necessary and appropriate ordinances regulating the performance of the
conditions of this Franchise, including any valid ordinance made in the
exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all times to
reasonably control by appropriate regulations the location, elevation,
manner of construction and maintenance of Facilities by Franchisee, and
Franchisee shall promptly conform with all such regulations unless
compliance would cause Franchisee to violate other requirements of law.
In the event of a conflict between the provisions of this Franchise and any
other generally applicable ordinance(s) enacted under the City’s police
power authority, such other ordinances(s) shall take precedence over the
provisions set forth herein.
SECTION 31. - Cost of Publication. The cost of publication of this
Franchise shall be borne by Franchisee.
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48 Small Cell Franchise Agreement--
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SECTION 32. - Acceptance. Franchisee shall execute and return to
the City its execution and acceptance of this Franchise in the form
attached hereto as Exhibit B. In addition, Franchisee shall submit proof of
insurance obtained and additional insured endorsement pursuant to
Section 23, any Construction Guarantee, if applicable, pursuant to Section
25.1 and the Franchise Bond required pursuant to Section 25.3. The
administrative fee pursuant to Section 15.1 is due within thirty (30) days
of receipt of the invoice from the City.
SECTION 33. - Survival. All of the provisions, conditions, and
requirements of Section 5, Section 6, Section 8, Section 13, Section 22,
and Section 24 of this Franchise shall be in addition to any and all other
obligations and liabilities Franchisee may have to the City at common law,
by statute, or by contract, and shall survive the City’s Franchise to
Franchisee for the use of the Franchise Area, and any renewals or
extensions thereof. All of the provisions, conditions, regulations and
requirements contained in this Franchise shall further be binding upon the
heirs, successors, executors, administrators, legal representatives and
assigns of Franchisee and all privileges, as well as all obligations and
liabilities of Franchisee shall inure to its heirs, successors and assigns
equally as if they were specifically mentioned where Franchisee is named
herein.
SECTION 34. - Assignment.
34.1 This Franchise may not be directly or indirectly assigned,
transferred, or disposed of by sale, lease, merger, consolidation or other
act of Franchisee, by operation of law or otherwise, unless approved in
writing by the City, which approval shall not be unreasonably withheld,
conditioned or delayed. The above notwithstanding, Franchisee may
freely assign this Franchise in whole or in part to a parent, subsidiary, or
affiliated entity or for collateral security purposes. Franchisee shall
8.F.a
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49 Small Cell Franchise Agreement--
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provide prompt, written notice to the City of any such assignment. In the
case of transfer or assignment as security by mortgage or other security
instrument in whole or in part to secure indebtedness, such consent shall
not be required unless and until the secured party elects to realize upon
the collateral. For purposes of this Section 34, no assignment or transfer
of this Franchise shall be deemed to occur based on the public trading of
Franchisee’s stock; provided, however, any tender offer, merger, or
similar transaction resulting in a change of control shall be subject to the
provisions of this Franchise.
Any transactions which singularly or collectively result in a change of fifty
percent (50%) or more of the ownership or working control (for example,
management of Franchisee or its Telecommunications facilities) of the
Franchisee or of the ownership or working control of the Franchisee's
Telecommunications facilities within the City, or of the ownership or working
control having ownership or working control of the Franchisee or of the
Franchisee's Telecommunications facilities within the City, or of control of
the capacity or bandwidth of the Franchisee's Telecommunication facilities
within the City, shall be considered an assignment or transfer requiring
notice to the City pursuant to this Franchise. Such transactions between
affiliated entities are not exempt from notice requirements. A Franchisee
shall notify the City of any proposed change in, or transfer of, or acquisition
by any other party of control of a Franchisee within sixty (60) days following
the closing of the transaction.
34.2 Franchisee’s obligation to remain fully responsible for compliance
with the terms under this Section 34 shall survive the expiration of this
Franchise but only if and to the extent and for so long as Franchisee is still
the owner or has exclusive control over the Facilities used by a third party.
SECTION 35. - Extension. If this Franchise expires without
renewal, the City may, subject to applicable law either allow Franchisee to
8.F.a
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50 Small Cell Franchise Agreement--
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maintain and operate its Facilities on a month-to-month basis, provided
that Franchisee maintains insurance for such Facilities during such period
and continues to comply with this Franchise; or order the removal of any
and all Facilities at Franchisee’s sole cost and expense consistent with
Section 24.3.
SECTION 36. - Entire Agreement. This Franchise constitutes the
entire understanding and agreement between the parties as to the subject
matter herein and no other agreements or understandings, written or
otherwise, shall be binding upon the parties upon execution of this
Franchise.
SECTION 37. - Eminent Domain. The existence of this Franchise
shall not preclude the City from acquiring by condemnation in accordance
with applicable law, all or a portion of the Franchisee’s Facilities for the fair
market value thereof. In determining the value of such Facilities, no value
shall be attributed to the right to occupy the area conferred by this
Franchise.
SECTION 38. - Vacation. If at any time the City, by ordinance,
vacates all or any portion of the area affected by this Franchise, the City
shall not be liable for any damages or loss to the Franchisee by reason of
such vacation. The City shall notify the Franchisee in writing not less than
sixty (60) calendar days before vacating all or any portion of any such
area. The City may, after sixty (60) calendar days’ written notice to the
Franchisee, terminate this Franchise with respect to such vacated area.
SECTION 39. - Notice. Any Notice or information required or
permitted to be given to the parties under this Franchise agreement may
be sent to the following addresses unless otherwise specified:
//
//
8.F.a
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51 Small Cell Franchise Agreement--
Verizon Wireless
If to Licensee (including
invoices):
Seattle SMSA Limited Partnership,
dba Verizon Wireless
(City of Kent) (WA)
d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
with an additional copy to:
With a copy to:
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Pacific Market General Counsel
15505 Sand Canyon Avenue
Irvine, CA 92618
If to Licensor:
CITY OF KENT
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
SECTION 40. - Severability. If any section, sentence, clause or
phrase of this Franchise should be held to be invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Franchise unless such invalidity or
unconstitutionality materially alters the rights, privileges, duties, or
obligations hereunder, in which event either party may request
renegotiation of those remaining terms of this Franchise materially
affected by such court’s ruling.
SECTION 41. - Compliance with All Applicable Laws. Franchisee
agrees to comply with all present and future federal, state and local laws,
ordinances, rules and regulations, except to the extent that the Franchisee
has a vested right in accordance with the vested rights doctrine under
Washington case law or as codified at RCW 19.27.095. This Franchise is
subject to ordinances of general applicability enacted pursuant to the
City’s police powers. Franchisee shall, at its own expense, maintain its
Facilities in a safe condition, in good repair and in a manner suitable to the
8.F.a
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52 Small Cell Franchise Agreement--
Verizon Wireless
City. Additionally, Franchisee shall keep its Facilities free of debris and
anything of a dangerous, noxious or offensive nature or which would
create a hazard or undue vibration, heat, noise or any interference with
City services. City reserves the right at any time to amend this Franchise
to conform to any hereafter enacted, amended, or adopted federal or state
statute or regulation relating to the public health, safety, and welfare, or
relating to roadway regulation, or a City ordinance enacted pursuant to
such federal or state statute or regulation upon providing Franchisee with
thirty (30) calendar days written notice of its action setting forth the full
text of the amendment and identifying the statute, regulation, or
ordinance requiring the amendment. This amendment shall become
automatically effective upon expiration of the notice period unless, before
expiration of that period, Franchisee makes a written request for
negotiations over the terms of the amendment. If the parties do not
reach agreement as to the terms of the amendment within thirty (30)
days of the call for negotiations, City may enact the proposed amendment,
by incorporating Franchisee's concerns to the maximum extent City deems
possible.
SECTION 42. - Attorneys’ Fees. If a suit or other action is
instituted in connection with any controversy arising out of this Franchise,
the prevailing party shall be entitled to recover all of its costs and
expenses, including such sum as the court may judge as reasonable for
attorneys’ fees, costs, expenses and attorneys’ fees upon appeal of any
judgment or ruling.
SECTION 43. - Hazardous Substances. Franchisee shall not
introduce or use any hazardous substances (chemical or waste), in
violation of any applicable law or regulation, nor shall Franchisee allow any
of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and
hold the City, its officers, officials, employees, agents and volunteers
8.F.a
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53 Small Cell Franchise Agreement--
Verizon Wireless
harmless from and against any and all claims, costs and liabilities
including reasonable attorneys’ fees and costs, arising out of or in
connection with the cleanup or restoration of the property associated with
Franchisee’s use, storage, or disposal of hazardous substances, whether or
not intentional, and the use, storage or disposal of such substances by
Franchisee’s agents, contractors or other persons acting under
Franchisee’s control, whether or not intentional.
SECTION 44. - Licenses, Fees and Taxes. Prior to constructing any
improvements, Franchisee shall obtain a business or utility license from
the City. Franchisee shall pay promptly and before they become
delinquent, all taxes on personal property and improvements owned or
placed by Franchisee and shall pay all license fees and public utility
charges relating to the conduct of its business, shall pay for all permits,
licenses and zoning approvals, shall pay any other applicable tax unless
documentation of exemption is provided to the City and shall pay utility
taxes and license fees imposed by the City.
SECTION 45. - Miscellaneous.
45.1 City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this
Franchise.
45.2 This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall
be the United States District Court for the Western District of Washington,
or King County Superior Court, without waiver of any right to removal.
45.3 Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning
or interpretation of the text herein.
8.F.a
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54 Small Cell Franchise Agreement--
Verizon Wireless
45.4 Where the context so requires, the singular shall include the plural
and the plural includes the singular.
45.5 Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it
is acknowledged and agreed that the City is making no representation,
warranty or covenant whether any of the foregoing approvals,
authorizations or agreements are required or have been obtained by
Franchisee by any person or entity.
45.6 This Franchise may be enforced at both law and equity.
SECTION 46. – 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 47. – 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 48. – 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
//
//
//
//
8.F.a
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55 Small Cell Franchise Agreement--
Verizon Wireless
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
_______
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.F.a
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SHEET NUMBER:
SHEET TITLE:
SITE INFORMATION:
CONCEPTUALNODEDESIGN
REV. DATE: ISSUED FOR:
DRAWN BY: CHECKED BY:
md7 PROJECT NUMBER:
PLANS PREPARED BY:
R
POLYGON:
VZW TYPICAL
INSTALLATIONS
POLYGON
verizon
DP-CTM
TYPICALDISTRIBUTION POLECANISTER TOP MOUNTEDExistingProposed
Wood Utility Pole
VZW Typical Installations - #DP-CTM
(Distribution Pole - Canister Top Mounted)
Elevation Profile
SMALL CELL CANISTER
ANTENNA ON POLE BASE
MOUNT
REPLACEMENT WOOD UTILITY POLE
NOTE:
POLE ATTACHMENTS (ELEC. AND COMM.
TO BE RELOCATED TO NEW POLE)
CONDUIT (COAX)
CONDUIT (POWER)
FIBER LINE
DISCONNECT BOX
RRU ENCLOSURE
(BRACKET WITH SHROUD)
NOTE:
EQUIPMENT ENCLOSURE IS
APPROXIMATELY 12 CUBIC FEET
IN VOLUME
EXISTING DISTRIBUTION LINES
(STREET SIDE)
RF NOTICE & SITE ID SIGNAGE
(3) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
*NOTE: POLE HEIGHT MAY VARY.
NEUTRAL LINE
8.F.b
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SHEET NUMBER:
SHEET TITLE:
SITE INFORMATION:
CONCEPTUALNODEDESIGN
REV. DATE: ISSUED FOR:
DRAWN BY: CHECKED BY:
md7 PROJECT NUMBER:
PLANS PREPARED BY:
R
POLYGON:
VZW TYPICAL
INSTALLATIONS
POLYGON
verizon
DP-PAMP
Existing Proposed
Wood Utility Pole
VZW Typical Installations - #DP-PAMP
(Distribution Pole - Panel Antenna Mid Pole)
Elevation Profile
TYPICALDISTRIBUTION POLECANISTER SIDE MOUNTED
REPLACEMENT WOOD UTILITY POLE
NOTE:
POLE ATTACHMENTS (ELEC. AND COMM.
TO BE RELOCATED TO NEW POLE)
CONDUIT (COAX)
CONDUIT
(POWER)
FIBER LINE
DISCONNECT BOX
RRU ENCLOSURE
(BRACKET WITH SHROUD)
NOTE:
EQUIPMENT ENCLOSURE IS
APPROXIMATELY 12 CUBIC FEET
IN VOLUME
EXISTING DISTRIBUTION LINES
(STREET SIDE)
RF NOTICE & SITE ID SIGNAGE
(3) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
*NOTE: POLE HEIGHT MAY VARY.
NEUTRAL LINE
(2) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
8.F.b
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SHEET NUMBER:
SHEET TITLE:
SITE INFORMATION:
CONCEPTUALNODEDESIGN
REV. DATE: ISSUED FOR:
DRAWN BY: CHECKED BY:
md7 PROJECT NUMBER:
PLANS PREPARED BY:
R
POLYGON:
VZW TYPICAL
INSTALLATIONS
POLYGON
verizon
NOTE:
POLE ATTACHMENTS (ELEC. AND
COMM. TO BE RELOCATED TO
NEW POLE)
CONDUIT (COAX)
CONDUIT (POWER)
CONDUIT (FIBER)
EXISTING CONDUIT
EXISTING TRANSMISSION
LINES
EXISTING DISTRIBUTION LINES
(STREET SIDE)
EXISTING WOOD UTILITY POLE
TYPICALTRANSMISSION POLE -CANISTER SIDE MOUNTEDExistingProposed
Wood Utility Pole
VZW Typical Installations - #TP-PAMP
(Transmission Pole - Panel Antenna Mid Pole)
Elevation Profile
DISCONNECT BOX
RRU ENCLOSURE
(BRACKET WITH SHROUD)
NOTE:
EQUIPMENT ENCLOSURE IS
APPROXIMATELY 12 CUBIC FEET IN
VOLUME
RF NOTICE & SITE ID SIGNAGE
(3) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
*NOTE: POLE HEIGHT MAY VARY.
NEUTRAL LINE
TP-PAMP
(2) 2FT PANEL ANTENNAS
NOTE:
ANTENNA DIMENSIONS MAY
VARY BUT WILL NOT EXCEED
3 CUBIC FEET IN VOLUME
8.F.b
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{ERZ1744692.DOCX;2/00085.080011/ }
EXHIBIT B
STATEMENT OF ACCEPTANCE
Seattle SMSA Limited Partnership, dba Verizon Wireless for itself, its
successors and assigns, hereby accepts and agrees to be bound by all lawful terms,
conditions and provisions of the Franchise attached hereto and incorporated herein
by this reference.
___________________________________
By: ___________________________ Date: ______________________________
Name: ____________________
Title: ____________________
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 201_, before me the undersigned, a Notary
Public in and for the State of _________________, duly commissioned and sworn,
personally appeared, __________________ of Seattle SMSA Limited Partnership,
dba Verizon Wireless, the company that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said company, for the uses and purposes therein mentioned, and on
oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
_____________________________________________
Signature
_____________________________________________
NOTARY PUBLIC in and for the State of __________________,
residing at _________________________
MY COMMISSION EXPIRES: _____________________________
8.F.c
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DATE: August 20, 2019
TO: Kent City Council
SUBJECT: Plastic Bag Ordinance - Adopt
MOTION:
Option #1 without exemption: Adopt Ordinance No.___________, regulating
the distribution of carryout bags and requiring retailers to collect a pass-
through charge from all customers for paper or reusable plastic bags.
Option #2 with exemption: Adopt Ordinance No.___________, regulating the
distribution of carryout bags and requiring retailers to collect a pass -
through charge from all customers for paper or reusable plastic bags
except those using a voucher or electronic benefits card issued under food
assistance programs.
SUMMARY: Momentum is building to ban plastic bags within municipalities
throughout western Washington and the state. Plastic bags pose major problems to
garbage haulers, wildlife, and our environment. To date, over 30 jurisdictions have
banned the use of single-use plastic bags. Staff has developed the attached
ordinance options to ban single-use plastic bags and address paper carryout bags.
Both ordinance options:
1) set March 1, 2020 as the effective date for the distribution ban on single-use
plastic bags;
2) require a pass-through charge of eight cents to customers when retailers
provide a paper bag or a reusable plastic bag. The amount of the charge is
taken from the 2019 failed State legislation banning the distribution of single-
use plastic bags;
3) provide that a violation of the ordinance is a Class 1 civil infraction, carrying a
maximum $250 fine; and
4) require the Director of Public Works to evaluate the effectiveness of the
ordinance and provide a report to City Council one year from the effective date
of the ordinance.
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Ordinance Option #2 provides an exemption from the pass-through charge for
those people using a voucher or electronic benefits card issued under food
assistance programs.
BUDGET IMPACT: None – There is no direct fiscal impact to the City by adopting
either ordinance.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
ATTACHMENTS:
1. Plastic Bag Ordinance Option 1 (PDF)
2. Plastic Bag Ordinance Option 2 (PDF)
08/05/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
8/20/2019 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Brenda Fincher, Toni Troutner
ABSENT: Dennis Higgins
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1 Adopt Chapter 8.02 -
Re: Carryout Bags
OPTION 1
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent City
Code to create a new Chapter 8.02 regulating the
distribution of carryout bags, prohibiting the
distribution of single-use plastic bags, requiring
retail businesses to collect a pass-through charge
from customers, and establishing penalties for
noncompliance.
RECITALS
A. The Washington State Legislature in chapters 70.93 and
70.95 RCW has established waste reduction as a priority in the collection,
handling, and managing of solid waste for the benefit of public health and
for a healthful, clean and beautiful environment.
B. The State Legislature, in RCW 70.95.010(4), found that it is
"necessary to change manufacturing and purchasing practices and waste
generation behaviors to reduce the amount of waste that becomes a
governmental responsibility."
C. The Legislature, in RCW 70.95.010(6)(c), has also found that
it is city governments that are ''to assume primary responsibility for solid
waste management and to develop and implement aggressive and
effective waste reduction and source separation strategies.”
9.A.a
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D. Plastic bags are made of nonrenewable resources. They do
not biodegrade and can take hundreds of years to break down into small,
toxic particles which can seep into the soil, waterways, lakes, and bays,
posing a threat to animal life and the natural food chain.
E. The United States Environmental Protection Agency estimates
that 380 billion plastic bags and wraps are consumed in the United States,
annually, while only approximately 5% of plastic bags and wraps are
recycled.
F. The Washington State Department of Ecology’s litter survey
states that plastic bags and film are one of the ten most littered items
along roadways in Washington State, by weight.
G. Ecology's "Beyond the Curb" study of commingled residential
recyclables from the Southwest Region estimates that it takes $700-
$1,000 per ton for recycling centers to remove plastic bags and films from
other recyclables.
H. It is the City's desire to conserve resources, reduce
greenhouse gas emissions, waste, litter, and marine pollution, and to
protect the public health and welfare, including wildlife, all of which
increase the quality of life for the City's residents.
I. Decreased reliance on single-use carryout bags contributes
toward the goals of conserving energy and natural resources while
reducing greenhouse gases and litter.
9.A.a
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J. The City Council finds that it is in the best interest of the
health, safety, and welfare of the citizens of the City that regulations
prohibit the use of single-use plastic carryout bags, and require a pass-
through charge on recycled content paper carryout bags and reusable
plastic film bags to encourage greater use of reusable bags, reduce the
cost of solid waste disposal by the City, and protect the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Title 8 of the Kent City Code is
amended to add a new Chapter 8.02, entitled “Single-use plastic and
carryout bags,” as follows:
CHAPTER 8.02
Single-Use Plastic and Carryout Bags
Sec. 8.02.010. Definitions.
A. "Carryout bag" means any bag that is provided by a retail
establishment at home delivery, the check stand, cash register, point of
sale, or other point of departure to a customer for use to transport or
carry away purchases. Carryout bags do not include:
1. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts,
grains, candy, greeting cards, or small hardware items such as nails,
bolts, or screws;
b. Contain or wrap items where dampness or sanitation
might be a problem including, but not limited to:
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i. Frozen foods;
ii. Meat;
iii. Fish;
iv. Flowers; and
v. Potted plants;
c. Contain unwrapped prepared foods or bakery goods;
d. Contain prescription drugs; or
e. Protect a purchased item from damaging or
contaminating other purchased items when placed in a recycled content
paper carryout bag or reusable carryout bag; or
f. Newspaper bags, door hanger bags, laundry/dry
cleaning bags, or bags sold in packages containing multiple bags for uses
such as food storage, garbage, or pet waste.
B. “Recycled content paper carryout bag” means a paper carryout bag
provided by a store to a customer at the point-of-sale that meets all of the
following requirements:
1. has a material weight of larger than eight-pounds and
contains an average of 40% postconsumer recycled materials;
2. is accepted for recycling in curbside programs in a majority of
households that have access to curbside recycling programs in the City;
3. is capable of composting in a commercial composting facility;
and
4. is clearly labeled with the minimum percentage of
postconsumer content.
C. “Retail establishment” means any person, corporation, partnership,
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business, facility, vendor, organization, or individual that sells or provides
food, merchandise, goods, or materials directly to a customer including
home delivery, temporary stores, or vendors at farmers markets, street
fairs, and festivals.
D. “Reusable carryout bag” means a bag made of cloth or other
durable material with handles that is specifically designed and
manufactured for long term multiple reuse and meets the following
requirements:
1. Has a minimum lifetime of 125 uses, which for purposes of
this subsection, means the capacity of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet,
2. Is machine washable or made from a durable material that
may be cleaned or disinfected; and
3. If made of film plastic:
a. Be made from a minimum of 40% postconsumer
recycled material;
b. Display the minimum percentage of postconsumer
content in print on the exterior of the plastic bag;
c. Have a minimum thickness of no less than 2.25 mils;
and
d. Display wording that the bag is reusable.
E. “Pass-through charge” means a charge collected by retailers from
their customers when providing recycled content paper carryout bags and
reusable carryout bags made of film plastic, and retained by retailers to
offset the cost of bags and other costs related to the pass-through charge.
F. "Single-use plastic carryout bag" means any bag that is made from
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plastic that is less than 2.25 mils thick and is designed and suitable only to
be used once and disposed.
Sec. 8.02.020. Distribution of carryout bags. Except as
otherwise provided in this Chapter, effective March 1, 2020, all retail
establishments within the City are subject to the following requirements:
A. Retail establishments shall not provide a single use plastic carryout
bag to any customer.
B. No retail establishment shall distribute a single-use plastic carryout
bag at any City facility, City-managed concession, City-sponsored event,
or City-permitted event.
C. Retail establishments shall not provide to any customer at the
point-of-sale a paper bag or reusable carryout bag made of film plastic
that does not meet recycled content requirements.
D. A retail establishment must collect a pass-through charge of eight
cents for every recycled content paper carryout bag with a manufacturer's
stated capacity of one-eighth barrel (882 cubic inches) or greater or
reusable carryout bag made of film plastic it provides. A retail
establishment may make reusable carryout bags available to customers
through sale.
E. A retail establishment must keep all revenue from pass-through
charges. A retail establishment must show all pass-through charges on
any receipts provided to customers.
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Sec. 8.02.030. Exemptions.
A. Food banks and other food assistance programs are exempt from
the requirements for this chapter but are encouraged to take actions to
reduce the use of single-use plastic carryout bags.
B. The Director may exempt a retail establishment from the
requirements of this chapter for up to a one-year period, upon a request
by the retail establishment showing that the conditions of this chapter
would cause undue hardship. An “undue hardship shall only be found in:
1. Circumstances or situations unique to the particular retail
establishment, such that there are no reasonable alternatives to single-
use plastic carryout bags or a pass-through charge cannot be collected; or
2. Circumstances or situations unique to the retail
establishment, such that compliance with the requirements of this chapter
would deprive a person of a legally protected right.
Sec. 8.02.040. Violations.
A. Civil infraction. A retail establishment that violates any provision of
this chapter may be issued a class 1 civil infraction as set forth in RCW
7.80.120, as currently enacted or hereafter amended. An infraction issued
pursuant to this section shall be filed in the Kent Municipal Court and
processed in the same manner as other infractions filed in the Kent
Municipal Court.
B. It shall be a violation of this chapter for any retail establishment to
penalize, discipline, or discriminate against any employee for performing
any duty necessary to comply with this chapter.
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SECTION 2. – Reporting. The Director of Public Works shall
evaluate the effectiveness of this ordinance and report to City Council one
year from the date of effectiveness of this ordinance.
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:
9.A.a
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ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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OPTION 2
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent City
Code to create a new Chapter 8.02 regulating the
distribution of carryout bags, prohibiting the
distribution of single-use plastic bags, requiring
retail businesses to collect a pass-through charge
from customers, and establishing penalties for
noncompliance.
RECITALS
A. The Washington State Legislature in chapters 70.93 and
70.95 RCW has established waste reduction as a priority in the collection,
handling, and managing of solid waste for the benefit of public health and
for a healthful, clean and beautiful environment.
B. The State Legislature, in RCW 70.95.010(4), found that it is
"necessary to change manufacturing and purchasing practices and waste
generation behaviors to reduce the amount of waste that becomes a
governmental responsibility."
C. The Legislature, in RCW 70.95.010(6)(c), has also found that
it is city governments that are ''to assume primary responsibility for solid
waste management and to develop and implement aggressive and
effective waste reduction and source separation strategies.”
9.A.b
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2 Adopt Chapter 8.02 -
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D. Plastic bags are made of nonrenewable resources. They do
not biodegrade and can take hundreds of years to break down into small,
toxic particles which can seep into the soil, waterways, lakes, and bays,
posing a threat to animal life and the natural food chain.
E. The United States Environmental Protection Agency estimates
that 380 billion plastic bags and wraps are consumed in the United States,
annually, while only approximately 5% of plastic bags and wraps are
recycled.
F. The Washington State Department of Ecology’s litter survey
states that plastic bags and film are one of the ten most littered items
along roadways in Washington State, by weight.
G. Ecology's "Beyond the Curb" study of commingled residential
recyclables from the Southwest Region estimates that it takes $700-
$1,000 per ton for recycling centers to remove plastic bags and films from
other recyclables.
H. It is the City's desire to conserve resources, reduce
greenhouse gas emissions, waste, litter, and marine pollution, and to
protect the public health and welfare, including wildlife, all of which
increase the quality of life for the City's residents.
I. Decreased reliance on single-use carryout bags contributes
toward the goals of conserving energy and natural resources while
reducing greenhouse gases and litter.
9.A.b
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J. The City Council finds that it is in the best interest of the
health, safety, and welfare of the citizens of the City that regulations
prohibit the use of single-use plastic carryout bags, and require a pass-
through charge on recycled content paper carryout bags and reusable
plastic film bags to encourage greater use of reusable bags, reduce the
cost of solid waste disposal by the City, and protect the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Title 8 of the Kent City Code is
amended to add a new Chapter 8.02, entitled “Single-use plastic and
carryout bags,” as follows:
CHAPTER 8.02
Single-Use Plastic and Carryout Bags
Sec. 8.02.010. Definitions.
A. "Carryout bag" means any bag that is provided by a retail
establishment at home delivery, the check stand, cash register, point of
sale, or other point of departure to a customer for use to transport or
carry away purchases. Carryout bags do not include:
1. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts,
grains, candy, greeting cards, or small hardware items such as nails,
bolts, or screws;
b. Contain or wrap items where dampness or sanitation
might be a problem including, but not limited to:
9.A.b
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i. Frozen foods;
ii. Meat;
iii. Fish;
iv. Flowers; and
v. Potted plants;
c. Contain unwrapped prepared foods or bakery goods;
d. Contain prescription drugs; or
e. Protect a purchased item from damaging or
contaminating other purchased items when placed in a recycled content
paper carryout bag or reusable carryout bag; or
f. Newspaper bags, door hanger bags, laundry/dry
cleaning bags, or bags sold in packages containing multiple bags for uses
such as food storage, garbage, or pet waste.
B. “Recycled content paper carryout bag” means a paper carryout bag
provided by a store to a customer at the point-of-sale that meets all of the
following requirements:
1. has a material weight of larger than eight-pounds and
contains an average of 40% postconsumer recycled materials;
2. is accepted for recycling in curbside programs in a majority of
households that have access to curbside recycling programs in the City;
3. is capable of composting in a commercial composting facility;
and
4. is clearly labeled with the minimum percentage of
postconsumer content.
C. “Retail establishment” means any person, corporation, partnership,
9.A.b
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business, facility, vendor, organization, or individual that sells or provides
food, merchandise, goods, or materials directly to a customer including
home delivery, temporary stores, or vendors at farmers markets, street
fairs, and festivals.
D. “Reusable carryout bag” means a bag made of cloth or other
durable material with handles that is specifically designed and
manufactured for long term multiple reuse and meets the following
requirements:
1. Has a minimum lifetime of 125 uses, which for purposes of
this subsection, means the capacity of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet,
2. Is machine washable or made from a durable material that
may be cleaned or disinfected; and
3. If made of film plastic:
a. Be made from a minimum of 40% postconsumer
recycled material;
b. Display the minimum percentage of postconsumer
content in print on the exterior of the plastic bag;
c. Have a minimum thickness of no less than 2.25 mils;
and
d. Display wording that the bag is reusable.
E. “Pass-through charge” means a charge collected by retailers from
their customers when providing recycled content paper carryout bags and
reusable carryout bags made of film plastic, and retained by retailers to
offset the cost of bags and other costs related to the pass-through charge.
F. "Single-use plastic carryout bag" means any bag that is made from
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6 Adopt Chapter 8.02 -
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plastic that is less than 2.25 mils thick and is designed and suitable only to
be used once and disposed.
Sec. 8.02.020. Distribution of carryout bags. Except as
otherwise provided in this Chapter, effective March 1, 2020, all retail
establishments within the City are subject to the following requirements:
A. Retail establishments shall not provide a single use plastic carryout
bag to any customer.
B. No retail establishment shall distribute a single-use plastic carryout
bag at any City facility, City-managed concession, City-sponsored event,
or City-permitted event.
C. Retail establishments shall not provide to any customer at the
point-of-sale a paper bag or reusable carryout bag made of film plastic
that does not meet recycled content requirements.
D. A retail establishment must collect a pass-through charge of eight
cents for every recycled content paper carryout bag with a manufacturer's
stated capacity of one-eighth barrel (882 cubic inches) or greater or
reusable carryout bag made of film plastic it provides. A retail
establishment may make reusable carryout bags available to customers
through sale.
E. A retail establishment must keep all revenue from pass-through
charges. A retail establishment must show all pass-through charges on
any receipts provided to customers.
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Sec. 8.02.030. Exemptions.
A. No retail establishment may collect a pass-through charge from
anyone using a voucher or electronic benefits card issued under food
assistance programs including, but not limited to, Women Infants and
Children (WIC); Temporary Assistance to Needy Families (TANF); Federal
Supplemental Nutrition Assistance Program (SNAP), also known as Basic
Food; and the Washington State Food Assistance Program (FAP).
B. Food banks and other food assistance programs are exempt from
the requirements for this chapter but are encouraged to take actions to
reduce the use of single-use plastic carryout bags.
C. The Director may exempt a retail establishment from the
requirements of this chapter for up to a one-year period, upon a request
by the retail establishment showing that the conditions of this chapter
would cause undue hardship. An “undue hardship shall only be found in:
1. Circumstances or situations unique to the particular retail
establishment, such that there are no reasonable alternatives to single-
use plastic carryout bags or a pass-through charge cannot be collected; or
2. Circumstances or situations unique to the retail
establishment, such that compliance with the requirements of this chapter
would deprive a person of a legally protected right.
Sec. 8.02.040. Violations.
A. Civil infraction. A retail establishment that violates any provision of
this chapter may be issued a class 1 civil infraction as set forth in RCW
7.80.120, as currently enacted or hereafter amended. An infraction issued
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8 Adopt Chapter 8.02 -
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pursuant to this section shall be filed in the Kent Municipal Court and
processed in the same manner as other infractions filed in the Kent
Municipal Court.
B. It shall be a violation of this chapter for any retail establishment to
penalize, discipline, or discriminate against any employee for performing
any duty necessary to comply with this chapter.
SECTION 2. – Reporting. The Director of Public Works shall
evaluate the effectiveness of this ordinance and report to City Council one
year from the date of effectiveness of this ordinance.
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
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9 Adopt Chapter 8.02 -
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ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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DATE: August 20, 2019
TO: Kent City Council
SUBJECT: SR 167 Underpass Lighting at West James Street - Award
MOTION: Award the SR 167 Underpass Lighting at West James Street
Project to TITAN Earthwork LLC in the amount of $237,476.80 and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY:
This project will provide decorative lighting for James Street where it crosses
beneath SR 167. The intent is to create a more welcoming environment for
pedestrians and drivers under SR 167, similar to lighting that was added to Meeker
Street at SR 167 in 2017.
The bid opening for the SR 167 Underpass Lighting at West James Street Project
was held on July 9, 2019 with four (4) bids received. The lowest responsible and
responsive bid was submitted by TITAN Earthwork LLC in the amount of
$237,476.80.
Bid Tab Summary
01. TITAN Earthwork LLC $237,476.80
02. Colvico Inc. $306,576.60
03. Transportation Systems, Inc. $327,987.00
04. Elcon Corporation $362,235.50
Engineer's Estimate $324,720.00
BUDGET IMPACT: The project will be funded with a combination of budgeted
funds and savings from other transportation projects.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. James Underpass Lighting Exhibit (PDF)
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SR 167 Underpass Lighting at W. James St.
Bid Opening: July 9, 2019, 11:00 AM TITAN Earthwork LLC Colvico Inc.Transportation Systems, Inc. Elcon Corporation
1585 Valentine Ave. SE PO Box 2682 6917 166th Ave. E. 5801 23rd Dr. W., Suite 100
Pacific, WA 98047 Spokane, WA 99220 Sumner, WA 98390-2980 Everett, WA 98203
TOTAL $237,476.80 $306,576.60 $327,987.00 $362,235.50
ITEM DESCRIPTION QTY UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1000 Mobilization 1 LS 21,463.00 $21,463.00 22,000.00 $22,000.00 29,000.00 $29,000.00 28,000.00 $28,000.00
1010 SPCC Plan 1 LS 300.00 $300.00 3,100.00 $3,100.00 2,500.00 $2,500.00 2,500.00 $2,500.00
1260 Remove and Restore Fence 140 LF 5.00 $700.00 65.00 $9,100.00 85.00 $11,900.00 60.00 $8,400.00
1270 Temporary Fencing 150 LF 5.00 $750.00 13.00 $1,950.00 25.00 $3,750.00 23.00 $3,450.00
1350 Minor Changes 1 CALC 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00 10,000.00 $10,000.00
5000 Project Temporary Traffic Control 1 LS 46,500.00 $46,500.00 50,000.00 $50,000.00 25,000.00 $25,000.00 56,000.00 $56,000.00
6000 Installation of Decorative Underpass Illumination
System, Complete
1 LS 110,000.00 $110,000.00 127,800.00 $127,800.00 162,035.00 $162,035.00 153,000.00 $153,000.00
6020 PVC Conduit Pipe - 2 Inch Diameter 650 LF 7.50 $4,875.00 35.20 $22,880.00 35.00 $22,750.00 43.50 $28,275.00
6030 Electrical Cabinet with Foundation 1 EA 15,000.00 $15,000.00 14,000.00 $14,000.00 11,785.00 $11,785.00 30,000.00 $30,000.00
7000 Inlet Protection 2 EA 150.00 $300.00 188.00 $376.00 100.00 $200.00 240.00 $480.00
7010 Erosion/Water Pollution Control 1 FA 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00 5,000.00 $5,000.00
7020 Surface Restoration 1 LS 1,000.00 $1,000.00 12,500.00 $12,500.00 14,250.00 $14,250.00 4,200.00 $4,200.00
SUB TOTAL $215,888.00 $278,706.00 $298,170.00 $329,305.00
10% SALES TAX $21,588.80 $27,870.60 $29,817.00 $32,930.50
CONSTRUCTION CONTRACT TOTAL $237,476.80 $306,576.60 $327,987.00 $362,235.50
1234
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SR 167 Underpass Lighting at W. James St.
Bid Opening: July 9, 2019, 11:00 AM
TOTAL
ITEM DESCRIPTION QTY UNIT
NO.
1000 Mobilization 1 LS
1010 SPCC Plan 1 LS
1260 Remove and Restore Fence 140 LF
1270 Temporary Fencing 150 LF
1350 Minor Changes 1 CALC
5000 Project Temporary Traffic Control 1 LS
6000 Installation of Decorative Underpass Illumination
System, Complete
1LS
6020 PVC Conduit Pipe - 2 Inch Diameter 650 LF
6030 Electrical Cabinet with Foundation 1 EA
7000 Inlet Protection 2 EA
7010 Erosion/Water Pollution Control 1 FA
7020 Surface Restoration 1 LS
SUB TOTAL
10% SALES TAX
CONSTRUCTION CONTRACT TOTAL
Engineer's Estimate
Carla Maloney
$324,720.00
UNIT TOTAL
PRICE AMOUNT
22,000.00 $22,000.00
1,000.00 $1,000.00
50.00 $7,000.00
15.00 $2,250.00
10,000.00 $10,000.00
15,000.00 $15,000.00
180,000.00 $180,000.00
35.00 $22,750.00
15,000.00 $15,000.00
100.00 $200.00
5,000.00 $5,000.00
15,000.00 $15,000.00
$295,200.00
$29,520.00
$324,720.00
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